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Home My WebLink About85-O-22 Approving an Amendment to the Special Use Permit Approved At 619 Howard Street Authorized by O9/12/22 85-O-22 AN ORDINANCE Approving an Amendment to the Special Use Permit Approved At 619 Howard Street Authorized by Ordinance 45-O-19 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, 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 WHEREAS, on May 13, 2019, the City Council enacted Ordinance 45-O- 19, attached hereto as Exhibit 2 and incorporated herein by reference, which granted a Special Use Permit for a Banquet Hall Facility (the “Banquet Hall”) at 619 Howard Street (the “Subject Property”), which is legally described in Exhibit 1; and ~1~ 1 of 9 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 85-O-22 ~2~ WHEREAS, Ordinance 45-O-19 approved the Special Use Permit with a number of conditions pursuant to City Code 6-9-5-12, including the condition that all outdoor events in the Banquet Hall parking lot must receive approval from the Design and Project Review Committee (“DAPR”); and WHEREAS, the Land Use Commission (“LUC”) met on August 10, 2022, pursuant to proper notice, to consider case no. 22ZMJV-0043, an application filed by India Mussell-McKay of Palmhouse Productions, LLC (the “Applicant”) requesting an amendment to ordinance 45-O-19 removing the requirement that all outdoor special events in the Banquet Hall parking lot receive approval from DAPR ; and WHEREAS, the LUC, after hearing testimony and receiving other evidence, made a written record and written findings and recommended City Council approval thereof; and WHEREAS, at its meeting of September 12, 2022, the Planning and Development Committee of the City Council (“P&D Committee”) considered the LUC’s record and findings and recommended the City Council accept the LUC’s recommendation and approved the application in case no.22ZMJV-0043; and WHEREAS, at its meetings of September 12, 2022, and September 26, 2022, the City Council considered and adopted the respective records, findings, and recommendations of the LUC and P&D Committee, as amended, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. 2 of 9 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 85-O-22 ~3~ SECTION 2: Pursuant to the terms and conditions of this ordinance, the City Council hereby grants an amendment to the Special Use Permit described herein. SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council removes the requirement that DAPR review all outdoor special events in the Banquet Hall parking lot found in condition (B) on the Special Use Permit granted for the Banquet Facility in Ordinance 45-O-19. SECTION 4: Pursuant to Subsection 6-3-6-10 of the Zoning Ordinance, the Applicant shall, at its cost, record a certified copy of this ordinance, including all exhibits attached hereto, with the Cook County Recorder of Deeds, and provide proof of such recordation to the City, before the City may issue any permits pursuant to the Planned Development authorized by the terms of this ordinance. SECTION 5: Except as otherwise provided for in this Ordinance 85-O-22, all applicable regulations of Ordinance 45-O-19, the Zoning Ordinance, and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. To the extent that the terms and/or provisions of any of said documents conflict with any of the terms herein, this Ordinance 85-O-22 shall govern and control. 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: 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 3 of 9 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 85-O-22 without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 8: The findings and recitals herein are hereby 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:_________________, 2022 Adopted:___________________, 2022 Approved: __________________________, 2022 _______________________________ Daniel Biss, Mayor Attest: _____________________________ Stephanie Mendoza, City Clerk Approved as to form: _______________________________ Nicholas E. Cummings, Corporation Counsel September 12 September 12 4 of 9 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 September 14 ~4~ 45-0-19EXHIBIT 1LEGAL DESCRIPTIONLOTS 1-5 IN BLOCK 2 IN NILES HOWARD TERMINAL ADDITION, BEING ASUBDIVISION OF THE SOUTH 6.25 CHAINS (412 1/2 FEET) OF THAT PART OFTHE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 14EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE RIGHT-OF-WAY OF THE CHICAGO AND NORTHWESTERN RAILROAD, IN COOK COUNTY,ILLINOIS.PINS: 11-30-210-016-0000 11-30-210-017-000011-30-210-018-000011-30-210-019-000011-30-210-020-0000Commonly Known As: 619 Howard Street, Evanston, Illinois.~1~ 4/23/201945-0-19ANORDINANCEGrantingaSpecialUsePermitforaBanquetHallFacilityLocatedat619HowardStreetintheB3BusinessDistrictWHEREAS,theZoningBoardofAppeals(“ZBA")metonApril16,2019,pursuanttopropernotice,toconsidercaseno.19ZMJV-0021,anapplicationfiledbyThomasAhleman(the“Applicant”),architectfortheownerofthepropertylegallydescribedinExhibitA,attachedheretoandincorporatedhereinbyreference,commonlyknownas619HowardStreet(the“SubjectProperty")andlocatedintheB3BusinessDistrict,foraSpecialUsePermittoestablish,pursuanttoSubsection6-9-4-3oftheEvanstonCityCode,2012,asamended(“theZoningOrdinance”),aBanquetHallFacility,ontheSubjectProperty;andWHEREAS,theZBA,afterhearingtestimonyandreceivingotherevidence,madeawrittenrecordandwrittenfindingsthattheapplicationforaSpecialUsePermitforaBanquetHallFacilitymetthestandardsforSpecialUsesinSection6-3-5-10oftheZoningOrdinanceandrecommendedCityCouncilapprovalthereof;andWHEREAS,atitsmeetingofMay13,2019,thePlanningandDevelopmentCommitteeoftheCityCouncil(“P&DCommittee")consideredtheZBA'srecordandfindingsandrecommendedtheCityCouncilaccepttheZBA’srecommendationandapprovetheapplicationincaseno.19ZMJV-0021;andWHEREAS,atitsmeetingofMay28,2019,theCityCouncilconsideredandadoptedtherespectiverecords,findings,andrecommendationsoftheZBAandP&DCommittee,asamended, EXHIBIT 2 45-0-19SECTION4:Whennecessarytoeffectuatetheterms,conditions,andpurposesofthisordinance,“Applicant”shallbereadas"Applicant’sagents,assigns,andsuccessorsininterest.”SECTION5:Thisordinanceshallbeinfullforceandeffectfromandafteritspassage,approval,andpublicationinthemannerprovidedbylaw.SECTION6:Allordinancesorpartsofordinancesinconflictherewithareherebyrepealed.SECTION7:Ifanyprovisionofthisordinanceorapplicationthereoftoanypersonorcircumstanceisruledunconstitutionalorotherwiseinvalid,suchinvalidityshallnotaffectotherprovisionsorapplicationsofthisordinancethatcanbegiveneffectwithouttheinvalidapplicationorprovision,andeachinvalidprovisionorinvalidapplicationofthisordinanceisseverable.SECTION8:ThefindingsandrecitalscontainedhereinaredeclaredtobeprimafacieevidenceofthelawoftheCityandshallbereceivedinevidenceasprovidedbytheIllinoisCompiledStatutesandthecourtsoftheStateofIllinois.Introduced:.2019Adopted:AdJ2019DevonReid,CityClerkApproved:Approvedastoform:MichelleL.Masoncup,CorporationCounsel-3- 45-0-19EXHIBIT 1LEGAL DESCRIPTIONLOTS 1-5 IN BLOCK 2 IN NILES HOWARD TERMINAL ADDITION, BEING ASUBDIVISION OF THE SOUTH 6.25 CHAINS (412 1/2 FEET) OF THAT PART OFTHE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 14EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE RIGHT-OF-WAY OF THE CHICAGO AND NORTHWESTERN RAILROAD, IN COOK COUNTY,ILLINOIS.PINS: 11-30-210-016-0000 11-30-210-017-000011-30-210-018-000011-30-210-019-000011-30-210-020-0000Commonly Known As: 619 Howard Street, Evanston, Illinois.-4-