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HomeMy WebLinkAboutOrdinance_34-O-25-_Granting_an_Expansion_of_an_Existing_Special_Use_Permit_for_Step_By_Step_Learning_Academy_located_at_1905-1909_Howard_Street_(1)_signed04/14/2025 34-O-25 AN ORDINANCE Granting an Expansion to an Existing Special Use Permit for an Addition to a Daycare Center - Child for Step By Step Learning Academy Located at 1905-1909 Howard Street 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 b roadest 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 Page 1 of 13 34-O-25 WHEREAS, Joy Powell, the owner of A Step By Step Academy, (“the Applicant”), requests approval of an expansion of an existing Special Use to expand into an adjacent tenant space at 1905 Howard Street for A Step By Step Academy in the C1 Commercial District, located at the property commonly known as 1905-1909 Howard Street, legally described and attached by reference herein as Exhibit A; and, WHEREAS, the existing special use granted the original special use for a daycare center at 1909 Howard Street pursuant to Ordinance 120-O-14, attached by reference herein as Exhibit B; and WHEREAS, the daycare expanded east into the adjacent tenant space at 1907 Howard Street in 2020-21 during the COVID-19 pandemic; and WHEREAS, City staff determined that the expansion was not increasing the capacity or intensity of the use, and therefore, a new special use approval was not required; and WHEREAS, the Applicant’s current request is for approval of the expansion for a Daycare Center - Child that was previously granted by Ordinance 120- O-14; and WHEREAS, pursuant to Subsection 6-10-2-3, a Daycare Center - Child is an allowed Special Use in the C1 Commercial District; and WHEREAS, following due and proper publication of notice in the Chicago Sun-Times, 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 conducted a public hearing on March ~2~ Page 2 of 13 34-O-25 26, 2025, in compliance with the provisions of the Illinois Open Meetings Act (5 ILCs 120/1 et seq.) on the application for an expansion of the Special Use for a Daycare Center- Child, filed as zoning case no. 25ZMJV-0006; and WHEREAS, the Land Use Commission 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 zero (0) “nays” with two (2) Commissioner absent, recommended City Council approval with conditions of the application for expansion of Special Use Permit for a Daycare Center - Child 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: Daycare Centers - Child are a special use within the C1 zoning district, so this standard was met. 2.Complies with the purposes and the policies of the Comprehensive General Plan and the Zoning Ordinance: The current Comprehensive General Plan allows for a child daycare center in this zoning district, and this is merely the expansion of an existing special use, so this standard was met. 3.Does not cause a negative cumulative effect in combination with existing special uses or as a category of land use: This is merely the expansion of an existing special use, which will not cause a negative cumulative effect, so this standard was met. 4.Does not interfere with or diminish the value of the property in the Neighborhood: The Commission believed that this standard was met. 5.Is adequately served by public facilities and services: The Commission believed that this standard was met. 6.Does not cause undue traffic congestion: With additional on-site parking provided, the Commission believed this standard was met. 7.Preserves significant historical and architectural resources: There are no known such resources, so this standard is met. 8.Preserves significant natural and environmental resources: The Commission believes the standard is met. 9.Complies with all other applicable regulations: The Commission believes this standard is met. WHEREAS, on April 14, 2025, the Planning and Development (“P&D”) Committee of the City Council held a meeting, in compliance with the provision of the ~3~ Page 3 of 13 34-O-25 Open Meetings Act and the Zoning Ordinance, received input from the public, carefully considered the findings and recommendation for approval of the Land use Commission, and recommended approval thereof by the City Council; and WHEREAS, at its April 14, 2025 and April 28, 2025 meetings, held in compliance with the Open Meetings Act and the Zoning Ordinance, the City Council considered the recommendation of the P&D Committee, received 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 expansion of the Special Use Permit, as applied for in zoning case no. 25ZMJV-0006, to allow the expansion of the existing special use for a Daycare Center - Child in the C1 Commercial District. SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council imposes the following conditions on the aforementioned zoning relief granted hereby, being an expansion of Special Use Permit for Daycare Center - Child as requested under zoning case no. 25ZMJV-0006, which may be amended by future ~4~ Page 4 of 13 34-O-25 ordinance(s), and 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: 1. Compliance with Applicable Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with all applicable legislation, with the testimony and representations of the Applicant to the LUC, the P&D Committee, and the City Council, and with the approved plans and documents on file in this case. 2. Capacity: Up to sixty (60) children may be served by the Daycare Center - Child subject to Illinois Department of Children & Family Services (DCFS) approval 3. Hours of Operation: The Daycare Center – Child shall be operated between the hours of 6:00 a.m. – 9:00 p.m. p.m. only; and 4. Parking: Employees are not allowed to park on the street during hours of operation. 5. Recordation: The Applicant must record the Special Use Permit with the Cook County Recorder of Deeds. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Appli cant’s tenants, agents, assignees, and successors in interest.” SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise inva lid, 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. ~5~ Page 5 of 13 34-O-25 SECTION 8: 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: April 14, 2025 Approved: Adopted: April 28, 2025 __________________________, 2025 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: ______________________________ Alexandra B. Ruggie, Corporation Counsel ~6~ Page 6 of 13 34-O-25 EXHIBIT A LEGAL DESCRIPTION LOT 1 IN 1901 HOWARD STREET CONSOLIDATION BEING A SUBDIVISION OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 25, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS ACCORDING TO THE PLAT THEREOF RECORDED MAY 19, 2004 AS DOCUMENT NUMBER 0414031041. PIN: 10-25-113-045-0000 COMMONLY KNOWN AS: 1901-1909 HOWARD STREET, EVANSTON, ILLINOIS 60202 ~7~ Page 7 of 13 34-O-25 EXHIBIT B ORDINANCE 120-O-14 ~8~ Page 8 of 13 Page 9 of 13 Page 10 of 13 Page 11 of 13 Page 12 of 13 Page 13 of 13