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HomeMy WebLinkAbout50-O-24 Granting a Special Use Permit for a Religious Institution in the D3 Downtown Core Development District and Approving A Major Variation on the Property Located at 1567 Maple Avenue05/28/2024 50-O-24 AN ORDINANCE Granting a Special Use Permit for a Religious Institution in the D3 Downtown Core Development District and Approving A Major Variation on the Property Located at 1567 Maple Avenue 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 legitima te 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 WHEREAS, Jeffrey Clements, member of the Second Church of Christ, Scientist and applicant, (the “Applicant”) requests a Special Use Permit for a Religious Page 5 of 13 Doc ID: 74b8c0a48ee0dd4ded7aac1d867648332055dac1 50-O-24 ~2~ Institution and a Major Variation to add zero (0) parking spaces where four (4) parking spaces are required, in order to establish a Religious Institution in an existing building in the D3 Downtown Core Development District, located at the property commonly known as 1567 Maple Avenue, legally described and attached by reference herein as Exhibit A; and, WHEREAS, pursuant to Subsection 6-11-4-3, religious institutions are allowed special uses in the D3 Downtown Core Development District; and WHEREAS, pursuant to City Code Subsection 6-16-1-2 and Table 16-B of Title 6 Chapter 16, four (4) parking spaces are required to establish the Religious Institution in an existing building in the D3 Downtown Core Development District; and WHEREAS, following due and proper publication of notice in Evanston Review, a suburban publication of the Evanston Review, 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 8, 2024, 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 a religious institution and a Major Variation, filed as zoning case no. 24ZMJV-0014; 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 seven (7) “yays” and one (1) “nay” with one (1) Commissioner absent, Page 6 of 13 Doc ID: 74b8c0a48ee0dd4ded7aac1d867648332055dac1 50-O-24 ~3~ moves this matter to City Council with a positive recommendation with the following findings: 1. Is one of the listed special uses for the zoning district in which the property lies: It is a listed special use and therefore the standard is met. 2. Complies with the purposes and the policies of the Comprehensive General Plan and the Zoning Ordinance: Meets the standard because it develops an inactive storefront. 3. Does not cause a negative cumulative effect in combination with existing special uses or as a category of land use: It is not cumulative in that it is replacing existing vacant storefront, so the standard is met. 4. Does not interfere with or diminish the value of the property in the Neighborhood: The Commission believes the standard is met. 5. Is adequately served by public facilities and services: Public facilities are available, so the standard is met. 6. Does not cause undue traffic congestion: Testimony was provided regarding the parking plan, the existing parking challenges and the Commission believes the standard is met. 7. Preserves significant historical and architectural resources: The Commission believes the standard is met. 8. Preserves significant natural and environmental resources: The Commission believes the standard is met 9. Complies with all other applicable regulations: This standard is met as it was vetted by staff throughout the process. WHEREAS, the LUC received extensive testimony, heard public comment, and made findings pursuant to Subsection 6-3-8-12, of the Zoning Ordinance, and by a vote of eight (8) “yays” and zero (0) “nays” with one (1) Commissioner absent, moved this matter to City Council with a positive recommendation with the below findings incorporated into the record: 1. The requested variation will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties: The church has value in the community, so the standard is met. 2. The requested variation is in keeping with the intent of the zoning ordinance: Meets the standard because it develops a vacant storefront and meets the zoning code use. 3. The alleged hardship or practical difficulty is peculiar to the property: The Commission believes the standard is met. Page 7 of 13 Doc ID: 74b8c0a48ee0dd4ded7aac1d867648332055dac1 50-O-24 ~4~ 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: The Commission believes 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 standard is met because it is a religious institution. 6. The alleged difficulty or hardship has not been created b y any person having an interest in the property: The 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 Commission believes the standard is met. WHEREAS, on May 28, 2024, 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 the recommendations of the LUC, and recommended approval thereof by the City Council; and WHEREAS, at its meetings on May 28, 2024 and June 10, 2024, 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 additional public comment, and made certain findings; 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). Page 8 of 13 Doc ID: 74b8c0a48ee0dd4ded7aac1d867648332055dac1 50-O-24 ~5~ 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. 24ZMJV-0014, to allow a religious institution. SECTION 3: Pursuant to the terms and conditions of this ordinance, the City Council hereby approves the Major Variation, as applied for in zoning case no. 24ZMJV-0014 as follows: 1. Add zero (0) parking spaces where four (4) parking spaces are required. 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 a religious institution and Major Variation listed above as requested under zoning case no. 24ZMJV-0014, which may be amended by future ordinance(s), and violation of any of which shall constitute 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. Compliance with Applicable Requirements: The applicant shall develop and operate the use authorized by the terms of this ordinance in substantial compliance with the following: the terms of the ordinan ce; all applicable City Code requirements; the Applicant's testimony and representations to the Design and Project Review Committee, the Land Use Commission, the Planning & Development Committee, and the City Council. 2. The Applicant shall utilize an active storefront as much as possible when the facility is open to the public and to its members during its regular business hours. Page 9 of 13 Doc ID: 74b8c0a48ee0dd4ded7aac1d867648332055dac1 50-O-24 ~6~ 3. Storefront windows shall not be more than 20% covered in compliance with the Sign Code. 4. The Applicant must record the Special Use Permit with the Cook County Recorder of Deeds. 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. Introduced: _________________, 2024 Adopted: ___________________, 2024 Approved: __________________________, 2024 _______________________________ Daniel Biss, Mayor Attest: Approved as to form: Page 10 of 13 March 28 June 10 June 10 Doc ID: 74b8c0a48ee0dd4ded7aac1d867648332055dac1 50-O-24 ~7~ _______________________________ Stephanie Mendoza, City Clerk ______________________________ Alexandra Ruggie, Corporation Counsel EXHIBIT A LEGAL DESCRIPTION PARCEL 1: THE NORTH 23.67 FEET OF LOT 1 (EXCEPT THE WINTHROP CLUB CONDO) IN PLAT OF CONSOLIDATION OF PART OF BLOCK 63 IN THE VILLAGE OF EVANSTON, BEING A PART OF SECTION 18, TOWNSHIP 41, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 2: THAT PART OF LOTS 1 AND 2 IN WHEELER’S SUBDIVISION OF THE SOUTH 250 FEET WEST OF RAILROAD AVENUE, IN BLOCK 63 (EXCEPT THAT PART TAKEN FOR ELMWOOD AVENUE) IN THE CITY OF EVANSTON IN THE EAST ½ OF THE SOUTHWEST ¼ OF SECTION 18, LYING ABOVE A HORIZONTAL PLANE AT ELEVATION +22.09 FEET C.C.D. AND LYING BETWEEN A HORIZONTAL PLANE AT ELEVATION +33.87 FEET C.C.D., BEING A PART OF SECTION 18, TOWNSHIP 41, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. COMMONLY KNOWN AS 1567 MAPLE AVENUE, EVANSTON, ILLINOIS. PINS: 11-18-310-028-0000 11-18-310-033-0000 Page 11 of 13 Doc ID: 74b8c0a48ee0dd4ded7aac1d867648332055dac1 Findings of Fact for Special Use Standards After conducting a public hearing on May 8, 2024, the Land Use Commission makes the following findings of fact, reflected in the audio-visual recording of the hearings, based upon the standards for special uses specified in Section 6-3-5-10 of the Zoning Ordinance: Standard Finding (A) It is one of the special uses specifically listed in the zoning ordinance; ___X__Met _____Not Met Vote 8-0 (B) It is in keeping with purposes and policies of the adopted comprehensive general plan and the zoning ordinance as amended from time to time; ___X___Met _____Not Met Vote 7-1 Nay: Rodgers (C) It will not cause a negative cumulative effect, when its effect is considered in conjunction with the cumulative effect of various special uses of all types on the immediate neighborhood and the effect of the proposed type of special use upon the city as a whole; ___X___Met _____Not Met Vote 8-0 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met _____Not Met Vote 8-0 (E) It can be adequately served by public facilities and services ___X___Met _____Not Met Vote 8-0 Case Number: 24ZMJV-0014 Address: 1567 Maple Avenue Applicant: Jeffrey Clements, 2nd Church of Christ Proposed Special Use: Special Use for a Religious Institution, 2nd Church of Christ, Scientist, in the D3 Downtown Core Development District Page 12 of 13 Doc ID: 74b8c0a48ee0dd4ded7aac1d867648332055dac1 (F) It does not cause undue traffic congestion; ___X___Met _____Not Met Vote 8-0 (G) It preserves significant historical and architectural resources; ___X___Met _____Not Met Vote 8-0 (H) It preserves significant natural and environmental features; and ___X___Met _____Not Met Vote 8-0 (I) It 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. ___X___Met _____Not Met Vote 8-0 and, based upon these findings, and upon a vote __7__ in favor & __1__ against Recommends to the City Council _____ approval without conditions _____ denial of the proposed special use __x__ approval with conditions specifically: 1. An Active Storefront is incorporated as much as possible when the facility is open to the public and to its members during its regular business hours is strongly encouraged. 2. Storefront windows shall not be more than 20% covered and be in compliance with the Sign Code. 3. Substantial compliance with the documents and testimony on record. 4. Recordation of the special use ordinance with the Cook County Recorder of Deeds is required. Commissioner Attended Vote Aye Vote Nay Myrna Arevalo X X George Halik X X John Hewko Brian Johnson X X Jeanne Lindwall X X Kiril Mirintchev X X Max Puchtel X X Matt Rodgers X X Kristine Westerberg X X Page 13 of 13 Doc ID: 74b8c0a48ee0dd4ded7aac1d867648332055dac1