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Home My WebLink About026-O-23 Granting a Special Use Permit to Allow for Outdoor Storage and Open Sales and Approving Major Variations Pursuant to City Code 6-3-8-40(D), on the Property Located at 2201 Oakton Street, in the I1 Industrial/Office District and the oRD02/27/2023 26-O-23 AN ORDINANCE Granting a Special Use Permit to Allow for Outdoor Storage and Open Sales and Approving Major Variations Pursuant to City Code 6-3-8- 40(D), on the Property Located at 2201 Oakton Street, in the I1 Industrial/Office District and the oRD Redevelopment Overlay District WHEREAS, the City of Evanston is a home-rule municipality pursuant to Article VII of the Illinois Constitution of 1970; and WHEREAS, as a home rule unit of government, the City has the authority to adopt legislation and to promulgate rules and regulations that protect the public health, safety, and welfare of its residents; and WHEREAS, Article VII, Section 6(a) of the Illinois Constitution of 1970, states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule unit be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164, 174-75 (1992)); and WHEREAS, it is a well-established proposition under all applicable case law that the power to regulate land use through zoning regulations is a legitimate means of promoting the public health, safety, and welfare; and, WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1, et seq.) grants each municipality the power to establish zoning regulations; and, WHEREAS, pursuant to its home rule authority and the Illinois Municipal Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston City Code of 2012, as amended (“the Zoning Ordinance”); and ~1~ Page 1 of 7 26-O-23 ~2~ WHEREAS, Daniel Grove, PLA, AICP of Kimley Horn and applicant on behalf of the property located at 2201 Oakton Street in the I1 Industrial/Office District and the oRD Redevelopment Overlay requests a Special Use Permit to allow for outdoor storage and open sales on the property and two major variations to allow for the proposed outdoor storage to be located in the front yard where where outdoor storage is prohibited and to not screen the proposed outdoor storage where screening on all sides by an eight-foot-tall solid fence is required; and, WHEREAS, pursuant to Subsection 6-14-2-3, outdoor storage and open sales are both listed as special uses in the I1 Industrial/Office District; and WHEREAS, following due and proper publication of notice in Evanston Review, a suburban publication of the Chicago Tribune, not less than fifteen (15) nor more than thirty (30) days prior thereto, and following written notice to all property owners within 500 feet of the Subject Property, and following the placement of signs on the Subject Property not less than ten (10) days prior thereto, the Evanston Land Use Commission (“LUC”) conducted a public hearing on January 25, 2023, in compliance with the provisions of the Illinois Open Meetings Act (5 ILCs 120/1 et seq.) on the application for a Special Use Permit for outdoor storage and open sales, filed as zoning case no.22ZMJV-0087; and WHEREAS, the LUC received extensive testimony, heard public comment, and made findings pursuant to Subsection 6-3-5-10, of the Zoning Ordinance, and by a vote of eight (8) “yays” and zero (0) “nays” with one (1) Commissioner absent, recommended City Council approval with conditions of the application for Special Use Page 2 of 7 26-O-23 ~3~ Permit for outdoor storage and open sales with the below findings incorporated into the record: 1. Is one of the listed special uses for the zoning district in which the property Lies: Meets the standard as outdoor storage and open sales are approved special uses in the I1 Industrial/Office District. 2. Complies with the purposes and the policies of the Comprehensive General Plan and the Zoning Ordinance: It is an adaptive reuse of a large parking lot in front and so the standard is met. 3. Does not cause a negative cumulative effect in combination with existing special uses or as a category of land use: The site is surrounded by industrial and retail, there has not been any testimony of encroaching or negative effect upon neighbors and so the standard is met. 4. Does not interfere with or diminish the value of the property in the Neighborhood: It is a continuation of use in an industrial area, so the standard is met. 5. Is adequately served by public facilities and services: Does not apply for this application. 6. Does not cause undue traffic congestion: Oakton Street is a wide street with a large Home Depot parking lot, so the standard is met. 7. Preserves significant historical and architectural resources: The building was built for commercial use in the 1980s so there are no significant historical or architectural resources to consider, so this standard is met. 8. Preserves significant natural and environmental resources: The subject is a parking lot with no resources to preserve, so this standard is met. 9. Complies with all other applicable regulations: The project will bring the applicant into compliance, so the standard is met. WHEREAS, the LUC received extensive testimony, heard public comment, and made findings pursuant to Subsection 6-3-5-10, of the Zoning Ordinance, and by a vote of eight (8) “yays” and zero (0) “nays” with one (1) Commissioner absent, recommended City Council approval with conditions of the application for two Major Variations for outdoor storage in the front yard and no screen around the outdoor storage with the below findings incorporated into the record: 1. The requested variations will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties: The site is surrounded by industrial and retail, there has not been any testimony of encroaching or negative effect upon the neighbors, so the standard is met. Page 3 of 7 26-O-23 ~4~ 2. The requested variations is in keeping with the intent of the zoning ordinance: Adaptive reuse of properties and compliance are objectives, so the standard is met. 3. The alleged hardship or practical difficulty is peculiar to the property: Fence placement within the parking lots is unique, so the standard is met. 4. The property owner would suffer a particular hardship or practical difficulty as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out: Rental and gardening services are typical for this type of business and complete screening of it would impact sales, so the standard is met. 5. Either the purpose of the variations is not based exclusively upon a desire to extract additional income from the property, or, while the granting of the variations will result in additional income to the applicant and while the applicant for the variation may not have demonstrated that the application is not based exclusively upon a desire to extract additional income from the property, the Land Use Commission or the City Council, depending on final jurisdiction under Section 6-3-6-3 of this Chapter, has found that public benefits to the surrounding neighborhood and the City as a whole will be derived from approval of the variation, that include, but are not limited to, any of the standards of Section 6-3-6-3 of this Chapter: The request does not affect the property value itself, so this standard is met. 6. The alleged difficulty or hardship has not been created by any person having an interest in the property: The building was built in the 1980s and no single person has created a hardship, so this standard is met. 7. The requested variations requires the least deviation from the applicable regulation among the feasible options identified before the Land Use Commission issues its decision or recommendation to the City Council regarding said variations: The location off to the side lessens the need for additional screening, so the standard is met. WHEREAS, on February 27, 2023, the Planning and Development (“P&D”) Committee of the City Council held a meeting, in compliance with the provision of the Open Meetings Act and the Zoning Ordinance, received input from the public, carefully considered the findings and recommendation for approval with conditions of the LUC, and recommended approval thereof by the City Council; and WHEREAS, at its meetings on February 27, 2023 and March 13, 2023, held in compliance with the Open Meetings Act and the Zoning Ordinance, the City Council considered the recommendations of the LUC and the P&D Committee, received Page 4 of 7 26-O-23 ~5~ additional public comment, made certain findings, and adopted said recommendation; and WHEREAS, it is well-settled law that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 Ill. App.3d 747) and is not subject to courtroom fact-finding (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: Pursuant to the terms and conditions of this ordinance, the City Council hereby grants the Special Use Permit, as applied for in zoning case no. 22ZMJV-0087, to allow outdoor storage and open sales. SECTION 3:Pursuant to the terms and conditions of this ordinance, the City Council hereby approves the Major Variations, as applied for in zoning case no. 22ZMJV-0087 as follows: 1. To allow outdoor storage in the front yard. 2. To allow no screening around the outdoor storage. SECTION 4: Pursuant to Subsection 6-3-5-12 and 6-3-8-14 of the Zoning Ordinance, the City Council imposes the following conditions on the aforementioned zoning relief granted hereby, being a Special Use Permit for outdoor storage and open sales and Major Variations for outdoor storage in the front yard and no screening around the outdoor storage as requested under zoning case no. 22ZMJV-0087, which may be amended by future ordinance(s), and violation of any of which shall constitute Page 5 of 7 26-O-23 ~6~ grounds for penalties or revocation of said Special Use Permit and Major Variations pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: 1. The garden area and equipment rental area are clearly marked within the parking lot. 2. The outdoor storage and sales be limited to the number of parking spaces devoted to each use, including the garden area to the west and equipment rental area to the east, are specified on the site plan, attached hereto and incorporated by reference herein as Exhibit B. 3. The applicant comply with the pedestrian and vehicular circulation plan, attached hereto and incorporated by referenced herein as Exhibit C. SECTION 5: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s tenants, agents, assignees, and successors in interest.” SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 8: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 9: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Page 6 of 7 26-O-23 ~7~ Adopted: ___________________, 2023 __________________________, 2023 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: ______________________________ Nicholas E. Cummings, Corporation Counsel Introduced: _________________, 2023 Approved: Page 7 of 7 March 27 February 27 April 14