FOR THE OPERATION OF AN EVENT PLANNING BUSINESS WITHIN THE C-2 COMMERCIAL OVERLAY DISTRICT OF THE VILLAGE
(962 Green Bay Road)
WHEREAS, Megan Estrada of North Shore Events LLC, ("Applicant"), is the lessee of the property commonly known as 962 Green Bay Road, Winnetka, Illinois, and legally described in
Exhibit A attached to and, by this reference, made a part of this Ordinance (“Subject Property”); and
WHEREAS,
RRR S3 LLC, is the record title owner of the Subject Property (“Owner”);
and
WHEREAS,
the Subject Property is located within the C-2 General Retail Commercial
District and the C-2 Commercial Overlay District of the Village (collectively, "Overlay District"
); and
WHEREAS, Applicant currently operates an event planning business on the Subject Property, which, pursuant to Section 17.44.020 and the table of uses set forth in Section 17.46.010 of the Winnetka Zoning Ordinance (
“Zoning Ordinance”
), is not permitted in the Overlay District without a special use permit; and
WHEREAS, on September 18, 2023, Applicant filed an application for a special use permit to continue to operate its event planning business at the Subject Property (
"Special Use Permit"
); and
WHEREAS, Owner of the Subject Property has consented to the application for the Special Use Permit filed by Applicant; and
WHEREAS, on November 29, 2023, after due notice thereof, the Plan Commission conducted a public hearing on the proposed Special Use Permit and, by a vote of five in favor and zero opposed, recommended that the Village Council approve the Special Use Permit; and
WHEREAS,
the Village Council has determined that approval of the proposed Special Use Permit for the operation of an event planning business at the Subject Property satisfies the standards for the approval of special use permits within the C-2 Commercial Overlay District set forth in Chapter 17.56 and Section 17.44.020.B of the Zoning Ordinance and is in the best interest of the Village and its residents;
NOW, THEREFORE, the Council of the Village of Winnetka does ordain as follows:
SECTION 1: RECITALS.
The foregoing recitals are hereby incorporated into this Section 1 as the findings of the Council of the Village of Winnetka, as if fully set forth herein.
SECTION 2: SPECIAL USE PERMIT.
Subject to, and contingent upon, the terms and conditions set forth in Section 3 of this Ordinance, the Special Use Permit is hereby granted, pursuant to Chapter 17.56 and Section 17.44.020.B of the Zoning Ordinance and the home rule powers of the Village, to allow the operation of the event planning business by Applicant at the Subject Property within the C-2 Commercial Overlay District.
SECTION 3: CONDITIONS.
The Special Use Permit granted by Section 2 of this Ordinance is subject to, and contingent upon, compliance by Applicant with the following conditions:
A. Compliance with Regulations. The development, use, and maintenance of the Subject Property must comply at all times with all applicable Village codes and ordinances, as they have been or may be amended over time.
B. Reimbursement of Village Costs. In addition to any other costs, payments, fees, charges, contributions, or dedications required under applicable Village codes, ordinances, resolutions, rules, or regulations, Applicant must pay to the Village, promptly upon presentation of a written demand or demands therefor, of all fees, costs, and expenses incurred or accrued in connection with the review, negotiation, preparation, consideration, and review of this Ordinance. Payment of all such fees, costs, and expenses for which demand has been made shall be made by a certified or cashier's check. Further, Applicant must pay upon demand all costs incurred by the Village for publications and recordings required in connection with the aforesaid matters.
C. Compliance with Plans. The development, use, and maintenance of the event planning business at the Subject Property must be in strict accordance with the Floor Plan submitted by Applicant, consisting of one sheet, a copy of which is attached to and, by this reference, made a part of this Ordinance as Exhibit B, except for minor changes and site work approved by the Director of Community Development or the Director of Engineering (within their respective permitting authority) in accordance with all applicable Village codes, ordinances, and standards.
SECTION 4: RECORDATION; BINDING EFFECT.
A copy of this Ordinance will be recorded with the Cook County Clerk Recording Division. This Ordinance and the privileges, obligations, and provisions contained herein inure solely to the benefit of, and are binding upon, Applicant, Owner, and each of their heirs, representatives, successors, and assigns.
SECTION 5: FAILURE TO COMPLY.
Upon the failure or refusal of Applicant or Owner to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, in addition to all other remedies available to the Village, the Special Use Permit granted in Section 2 of this Ordinance will, at the sole discretion of the Village Council, by ordinance duly adopted, be revoked and become null and void; provided, however, that the Village Council may not so revoke the Special Use Permit granted in Section 2 of this Ordinance unless it first provides Applicant with two months advance written notice of the reasons for revocation and an opportunity to be heard at a regular meeting of the Village Council. In the event of revocation, the development and use of the Subject Property will be governed solely by the regulations of the applicable zoning district and the applicable provisions of the Zoning Ordinance, as the same may be amended from time to time. Further, in the event of such revocation, the Village Manager and Village Attorney are hereby authorized and directed to bring such zoning enforcement action as may be appropriate under the circumstances.
SECTION 6: AMENDMENT OF SPECIAL USE PERMIT.
Any amendments to the Special Use Permit granted in Section 2 of this Ordinance that may be requested by Applicant after the effective date of this Ordinance may be granted only pursuant to the procedures, and subject to the standards and limitations, provided in the Zoning Ordinance.
SECTION 7: EFFECTIVE DATE.
A. This Ordinance will be effective only upon the occurrence of all of the following
events:
1. Passage by the Village Council in the manner required by law;
2. Publication in pamphlet form in the manner required by law; and
3. The filing by Applicant and Owner with the Village Clerk of an Unconditional Agreement and Consent in the form of Exhibit C attached to and, by this reference, made a part of this Ordinance, to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance and to indemnify the Village for any claims that may arise in connection with the approval of this Ordinance.
B. In the event that Applicant and Owner do not file with the Village Clerk a fully
executed copy of the unconditional agreement and consent described in Section 7.A.3 of this Ordinance within 60 days after the date of passage of this Ordinance by the Village Council, the Village Council shall have the right, in its sole discretion, to declare this Ordinance null and void and of no force or effect.
[SIGNATURE PAGE FOLLOWS]
PASSED this 19 day of December, 2023, pursuant to the following roll call vote:
AYES: Trustees Albinson, Apatoff, Dearborn, Handler, and Orsic_______________
NAYS:
ABSENT: Trustee Dalman________________________________
APPROVED this
19 day of December, 2023.
Signed:
s/Chris Rintz
Village President
Countersigned:
s/Robert M. Bahan
Village Clerk
Introduced: December 19, 2023
Passed and Approved: December 19, 2023
Published by authority of the President and Board of Trustees of the Village of Winnetka, Illinois, this
20 day of December, 2023.