HomeMy WebLinkAbout53-O-24 Granting A Special Use Permit for a Daycare Center-Child Located at 1601 Simpson Street, in the B1 Business District (Infant Welfare Society of Evanston)6/10/2024
53-O-24
AN ORDINANCE
Granting A Special Use Permit for a Daycare Center-Child Located at
1601 Simpson Street, in the B1 Business District (Infant Welfare
Society of Evanston)
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
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WHEREAS, John Cook is the builder/contractor (“the Applicant”) at the
property located at 1601 Simpson Street, legally described herein (the “Subject
Property”), attached hereto and incorporated herein as Exhibit A; and
WHEREAS, the Applicant has petitioned the City Council of the City of
Evanston, for approval of a Special Use Permit for a Daycare Center - Child in the B1
Business District pursuant to City Code Section 6-9-2-3, located at the Subject Property
(“Special Use”); and
WHEREAS, following due and proper publication of notice in the Pioneer
North 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 May 22, 2024 regarding case no. 24ZMJV-0022 to consider the requested Special
Use, at which the Applicant presented evidence, testimony, and exhibits in support of
the Special Use, and at which interested parties were provided the opportunity to
provide public comment; and
WHEREAS, after having considered the evidence presented, including the
exhibits and materials submitted, and public testimony provided, the LUC reviewed the
standards for a Special Use pursuant to City Code Section 6-3-5-10 and found that:
1. Is one of the listed special uses for the zoning district in which the property lies:
A daycare center - child is a special use in the B1 business district so the
standard is met.
2. Complies with the purposes and the policies of the Comprehensive General Plan
and the Zoning Ordinance: A daycare center that utilizes the business space
aligns with the goals and standards of the plan, so the standard is met.
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3. Does not cause a negative cumulative effect in combination with existing special
uses or as a category of land use: The minimal impact standard is met because
the daycare center’s size and the nature of its offerings suggests that the impact
on the neighborhood will be minimal.
4. Does not interfere with or diminish the value of property in the neighborhood: A
functioning business does more for property values than an empty storefront, so
the standard is met.
5. Is adequately served by public facilities and services: The proposed daycare
center will not result in a significant increase in the building's usage and the
Commission determined that the standard is met.
6. Does not cause undue traffic congestion: The Commission determined that the
standard is met.
7. Preserves significant historical and architectural resources: There is no change
to the outside of the building so that standard is met.
8. Preserves significant natural and environmental resources: There is no change to
natural or environmental resources, so that standard is met.
9. Complies with all other applicable regulations of the district in which it is located
and other applicable ordinances, except to the extent such regulations have been
modified through the planned development process or the grant of a variation:
The Commission determined that the standard is met.
WHEREAS, after making its findings as set forth herein, the LUC
recommended approval of the requested Special Use pursuant to Sections 6-3-5-7 and
6-3-5-10 of the Zoning Ordinance by a vote of six (6) “yes” votes and zero (0) “no” votes
with three (3) absent to the Planning and Development Committee (“P & D Committee”)
of the City Council; and
WHEREAS, on June 10, 2024, the P & D Committee held a meeting in
compliance with the Illinois Open Meetings Act, received input from the public, carefully
considered the findings, and recommendation for approval by the LUC in case no.
24MJV-0022 as outlined herein, concurred with said findings, and recommended
approval of the Special Use to the City Council; and
WHEREAS, at its meetings on June 10, 2024 and June 24, 2024, held in
compliance with the Open Meetings Act, the City Council considered the
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aforementioned findings of fact, as amended and outlined herein, and found it
appropriate to grant the Special Use as recommended by the LUC and the P & D
Committee; 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 City Council has considered the findings and
recommendations of the LUC and the P & D Committee and the foregoing recitals are
hereby found and adopted as fact with regard to the requested Special Use.
SECTION 2: Based upon the above findings of fact and pursuant to the
terms and conditions of this ordinance and Section 6-3-5-8 of the Zoning Ordinance, the
City Council hereby grants the Special Use Permit, as applied for in zoning case no.
24ZMJV-0022, to allow the operation of a Daycare Center - Child on the Subject
Property in the B1 Business District.
SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance,
the City Council imposes the following conditions on the Special Use Permit granted
hereby, which may be amended by future ordinance(s), violation of any of which shall
constitute grounds for penalties or revocation of said Special Use Permit pursuant to
Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance:
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A.Substantial Compliance: The Applicant shall construct the associated
improvements to the Subject Property as described herein, as authorized
by the terms of this ordinance in substantial compliance with all applicable
City Code requirements and the Applicant's testimony and representations
to the Land Use Commission, the P&D Committee, and the City Council.
B.Recordation: The Applicant shall, at their cost, record a certified copy of
this ordinance, including all Exhibits attached hereto, with the Cook
County Clerk’s Office, and provide proof of such recordation to the City
prior to issuance of a final Certificate of Occupancy.
C.Child Pickup/Dropoff: On-street child drop-off/pick-up is only allowed in
available on-street parking spaces or off-street on the property or off-site
with a parking lease.
D.Hours: Hours of operation shall not exceed 6 am – 6 pm, Monday through
Friday.
E.Parking: Employees shall not utilize metered street parking while working,
using off-street parking located on the Subject Property or at an alternative
location which does not displace required parking for those properties.
F.Lease: The Special Use shall run with the Applicant for the length of the
lease.
SECTION 4: When necessary to effectuate the terms, conditions, and
purposes of this ordinance, “Applicant” shall be read as “Applicant’s tenants, agents,
assigned, and successors in interest.”
SECTION 5: The City Council may, for good cause shown, waive or
modify any conditions set forth in this Ordinance without requiring that the matter return
for public hearing.
SECTION 6: The Building Official is hereby authorized and directed to
issue building permits for the subject property, consistent with the approvals granted
herein, provided that all conditions set forth hereinabove have been met and that the
proposed construction is in compliance with all other applicable laws and ordinances.
This grant of the approvals shall expire and become null and void twelve (12) months
from the date of passage of this Ordinance unless a building permit to begin
construction in accordance with this Ordinance is applied for within said twelve (12)-
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month time period and construction is continuously and vigorously pursued provided,
however, the City Council, by motion, may extend the period during which permit
application, construction, and completion shall take place.
SECTION 7: If any provision of this ordinance or application thereof to
any person or circumstance is held 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 8: This ordinance shall be in full force and effect from and after
its passage, approval and publication in the manner provided by law.
SECTION 9: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 10: 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.
Introduced: _________________, 2024
Adopted: ___________________, 2024
Approved:
__________________________, 2024
_______________________________
Daniel Biss, Mayor
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Approved as to form:
______________________________
Alexandra Ruggie, Interim Corporation
Counsel
June 24
June 10
June 24
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EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1:
LOTS 8,9, AND 10 (EXCEPT THE WEST 110 FEET THEREOF) AND THE EAST 10.80
FEET OF THE WEST 110.00 FEET OF LOTS 8,9, AND 10 IN THAYER’S
RESUBDIVISION OF LOTS 1 TO 8, BOTH INCLUSIVE, IN BLOCK 7, IN PAYNE’S
ADDITION TO EVANSTON IN SECTION 12, TOWNSHIP 41 NORTH.
PIN: 10-12-421-022-0000,
Commonly Known As: 1601 Simpson Street, Evanston, Illinois
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