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HomeMy WebLinkAboutORDINANCES-2016-084-O-166/15/2016 84-0-16 AN ORDINANCE Amending the Special Use for a Convenience Store At 555 Howard Street in the B3 Business District WHEREAS, on April 12, 2005, the City Council enacted Ordinance 40-0- 05, which, pursuant to Subsection 6-9-4-3 of the Evanston City Code, 1979, as amended (the "City Code"), granted a Special Use Permit for a Convenience Store at 555 Howard Street in the B3 Business District (the "Subject Property"); and WHEREAS, on September 10, 2012, the City Council enacted Ordinance 94-0-12, which amended said Special Use Permit; and WHEREAS, on May 27, 2014, the City Council enacted Ordinance 72-0- 14, attached hereto as Exhibit 1 and incorporated herein by reference, which further amended said Special Use Permit; and WHEREAS, ZIF Enterprises, Inc. (the "Applicant"), current owner of the Subject Property, has requested that the City Council amend the restrictions on the hours of operation of said Special Use, imposed, pursuant to the City Code and the hours of operation were previously amended pursuant to Ordinance 43-0-10, Ordinance 94-0-12, and Ordinance 72-0-14; and WHEREAS, at its meeting of June 27, 2016, the Planning and Development ("P&D") Committee of the City Council considered the Applicant's request and recommended that the City Council approve certain amendments to the permitted hours of operation; and WHEREAS, at its meetings of June 27, 2016 and July 11, 2016, the City 84-0-16 Council considered and adopted the records and recommendations of the P&D Committee, 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. SECTION 2: The City Council hereby amends the condition set forth in Section 3-C of Ordinance 40-0-05, as amended by Section 2 of Ordinance 43-0-10, Section 2 of Ordinance 94-0-12 and Section 2 of Ordinance 72-0-14, to read as follows: The special use approved hereby: a) shall not operate between the hours of 1:00 a.m. and 6:00 a.m. any given day; and b) shall sell only prepackaged food and/or beverages, all for consumption off the subject property. Foods and beverages which either require cooking or heating, or which are customarily cooked or heated prior to consumption, shall not be sold. SECTION 3: No sooner than six (6) months after the effective date of this ordinance, the P&D Committee may evaluate the effects of this ordinance and consider additional amendments to the hours of operation as amended herein. SECTION 4: Except as otherwise provided for herein, all applicable regulations of Ordinance 40-0-05, Ordinance 43-0-10, Ordinance 94-0-12, Ordinance 72-0-14 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 provisions of any of said documents conflict with the terms of this ordinance, this ordinance shall govern and control. SECTION 5: The Applicant, at its cost, shall record a certified copy of this ordinance, including any Exhibits attached hereto, with the Cook County Recorder of —2— 84-0-16 Deeds before it may operate the Convenience Store on the Subject Property to the expanded hours of operation provided in this Ordinance 84-0-14. SECTION 6: Violation of any of the terms of this Ordinance, Ordinance 40-0-05, Ordinance 43-0-10, Ordinance 94-0-12 and/or Ordinance 72-0-14 shall constitute grounds for penalties pursuant to City Code Subsection 6-3-10-5, and/or revocation, pursuant to City Code Subsection 6-3-10-6, of the Special Use for a Convenience Store on the Subject Property. SECTION 7: When necessary to effectuate the terms, conditions, and purposes of this ordinance, "Applicant" shall be read as "Applicant's agents, assigns, and successors in interest." 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. SECTION 9: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 10: 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 11: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. —3— Introduced: Vane D`1 , 2016 Adopted:__3Uk%A k k , 2016 Attest: `, i Rodney Gr Ie, City Clerk 84-0-16 Approved: 2016 Eli eth B. Tisdahl, Mayor Approved as to form: W. Grant Farrar, Corporation Counsel- -4— 84-0-16 EXHIBIT 1 Ordinance 72-0-14 -5- Effective Date: May 29, 2014 72-0-14 AN ORDINANCE Amending the Special Use for a Convenience Store At 555 Howard Street in the 83 Business District 5/19/2014 WHEREAS, on April 12, 2005, the City Council enacted Ordinance 40-0- 05, which, pursuant to Subsection 6-9-4-3 of the Evanston City Code, 1979, as amended (the "City Code"), granted a Special Use Permit for a Convenience Store at 555 Howard Street in the B3 Business District (the "Subject Property"); and WHEREAS, on September 10, 2012, the City Council enacted Ordinance 94-0-12, attached hereto as Exhibit 1 and incorporated herein by reference, which amended said Special Use Permit; and WHEREAS, ZIF Enterprises, Inc. (the "Applicant"), current owner of the Subject Property, has requested that the City Council amend the restrictions on the hours of operation of said Special Use, imposed, pursuant to the City Code and the hours of operation were previously amended pursuant to Ordinance 43-0-10 and Ordinance 94-0- 12; and WHEREAS, at its meeting of May 27, 2014, the Planning and Development ("P&D") Committee of the City Council considered the Applicant's request and recommended that the City Council approve certain amendments to the permitted hours of operation; and WHEREAS, at its meeting of May 27, 2014, the City Council considered and adopted the records and recommendations of the P&D Committee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 72-0-14 CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City Council hereby amends the condition set forth in Section 3-C of Ordinance 40-0-05, as amended by Section 2 of Ordinance 43-0-10 and Section 2 of Ordinance 94-0-12, to read as follows: The special use approved hereby: a) shall not operate prior to 6:00 a.m. nor later than 10:00 p.m. any day; and b) shall sell only prepackaged food and/or beverages, all for consumption off the subject property. Foods and beverages which either require cooking or heating, or which are customarily cooked or heated prior to consumption, shall not be sold. SECTION 3: No sooner than six (6) months after the effective date of this ordinance, the P&D Committee may evaluate the effects of this ordinance and consider additional amendments to the hours of operation as amended herein. SECTION 4: Except as otherwise provided for herein, all applicable regulations of Ordinance 40-0-05, Ordinance 43-0-10, Ordinance 94-0-12 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 provisions of any of said documents conflict with the terms of this ordinance, this ordinance shall govern and control. SECTION 6: The Applicant, at its cost, shall record a certified copy of this ordinance, including any Exhibits attached hereto, with the Cook County Recorder of Deeds before it may operate the Convenience Store on the Subject Property to the expanded hours of operation provided in this Ordinance 71-0-14. SECTION 6: Violation of any of the terms of this ordinance, Ordinance -2- 72-0-14 40-0-05, Ordinance 43-0-10, and/or Ordinance 94-0-12 shall constitute grounds for penalties pursuant to City Code Subsection 6-3-10-5, and/or revocation, pursuant to City Code Subsection 6-3-10-6, of the Special Use for a Convenience Store on the Subject Property. SECTION 7: When necessary to effectuate the terms, conditions, and purposes of this ordinance, "Applicant" shall be read as "Applicant's agents, assigns, and successors in interest." 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, SECTION 9: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 10: 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 11: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. —3— 72-0-14 Introduced:kAk M , 2014 Approved: Adopted: Q a► , 2014 atA , 2014 c,& J Eli6beth B. Tisdahl, Mayor Attest: Approved as to form: Rodney Gre e, City Clerk W. Grant Farrar, Corporation Couns I —4— 72-0-14 EXHIBIT 1 Ordinance 94-0-12 -5- 9/10/2012 8/20/2012 g4-0-12 AN ORDINANCE Amending the Special Use for a Convenience Store At 555 Howard Street In the 83 Business District WHEREAS, on April 12, 2005, the City Council enacted Ordinance 40-0- 05, which, pursuant to Subsection 6-9-4-3 of the Evanston City Code, 1979, as amended (the "City Code"), granted a Special Use Permit for a Convenience Store at 555 Howard Street in the B3 Business District (the "Subject Property"); and WHEREAS, on June 28, 2010, the City Council enacted Ordinance 43-0- 10, attached hereto as Exhibit 1 and incorporated herein by reference, amended said Special Use Permit; and WHEREAS, ZIP Enterprises, Inc. (the "Applicant"), current owner of the Subject Property, has requested that the City Council amend the restrictions on the hours of operations of said Special Use, imposed, pursuant to City Code Subsection 6-3-5-12, by Section 3-C of Ordinance 40-0-05, and amended by Section 2 of Ordinance 43-0-10; and WHEREAS, at its meeting of September 10, 2012, the Planning and Development ("P&D") Committee of the City Council considered the Applicant's request and recommended that the City Council apprcve certain amendments to the permitted hours of operation, and WHEREAS, at its meeting of September 10, 2012, the City Council considered and adopted the records and recommendations of the P&D Committee, 94-0-12 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. SECTION 2: The City Council hereby amends the condition set forth in Section 3-C of Ordinance 40-0-05, as amended by Section 2 of Ordinance 43-0-10, to read as follows: The special use approved hereby: a) shall not operate prior to 6:00 a.m. nor later than 8:00 p.m. any day; and b) shall sell only prepackaged food and/or beverages, all for consumption off the subject property. Foods and beverages which either require cooking or heating, or which are customarily cooked or heated prior to consumption, shall not be sold. SECTION 3: No sooner than six (6) months after the effective date of this ordinance, the P&D Committee may evaluate the effects of this ordinance and consider additional amendments to the hours of operation as amended herein. SECTION 4: Except as otherwise provided for herein, all applicable regulations of Ordinances 40-0-05 and 43-0-10 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 provisions of any of said documents conflict with the terms of this ordinance, this ordinance shall govern and control. SECTION 5: The Applicant, at its cost, shall record a certified copy of this ordinance, including any Exhibits attached hereto, with the Cook County Recorder of Deeds before it may operate the Convenience Store on the Subject Property between 6:00 a.m, and 7:00 a.m. and/or between 7:00 p.m. and 8:00 p.m. on any day. —2— 94-0-12 SECTION 6: Violation of any of the terms of this ordinance, Ordinance 40-0-05, and/or Ordinance 43-0-10 shall constitute grounds for penalties pursuant to City Code Subsection 6-3-10-5, and/or revocation, pursuant to City Code Subsection 6- 3-10-6, of the Special Use for a Convenience Store on the Subject Property. SECTION is When necessary to effectuate the terms, conditions, and purposes of this ordinance, "Applicant" shall be read as "Applicant's agents, assigns, and successors in interest." 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. SECTION 9: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 10: 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 11: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. —3— Introduced: -Pitt" A 18, 2012 Adopted: .&P fj..Q,vn&f 2012 Attest: 94-0-12 Approved: ,44ALr4x-,r , 2012 Eliz eth B. Tisdahl, Mayor Approved as to form: kGrint RQldney Gre e, City Clerk WFarrar, Corporation Counsel —4— 94-0-12 EXHIBIT I Ordinance 43-0-10 -5- Effective Date: July 16, 2010 5/26/2010 43-0-10 AN ORDINANCE Amending the Special Use for a Convenience Store At 555 Howard Street in the B3 Business District WHEREAS, on April 12, 2005, the City Council enacted Ordinance 40-0-05, attached hereto as Exhibit A and made a part hereof, which, pursuant to Subsection 6-9-4-3 of the Evanston City Code, 1979, as amended (the "City Code"), granted a Special Use for a Convenience Store at 555 Howard Street in the B3 Business District (the "Subject Property"); and WHEREAS, ZIF Enterprises, Inc. (the "Applicant"), current owner of the Subject Property, has requested that the City Council eliminate the restrictions on the hours of operations of said Special Use, imposed by Section 3-C of Ordinance 40-0-05, pursuant to City Code Subsection 6-3-5-12; and WHEREAS, at its meetings of May 24, 2010 and June 14, 2010, the Planning and Development Committee of the City Council considered the Applicant's request and recommended that the City Council approve certain amendments to the permitted hours of operation; and WHEREAS, at its meetings of May 24, 2010, June 14, 2010, and, June 28, 2010, the City Council considered and adopted the records and recommendations of the Planning and Development Committee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: 43-0-10 SECTION 1: That the foregoing recitals are found as fact and Incorporated herein by reference. SECTION 2: That the City Council hereby amends the condition set forth in Section 3-C of Ordinance 40-0-05 to read as follows; The special use approved hereby: a) shall not operate prior to 7:00 a.m. nor later than 7:00 p.m. any day; and b) shall sell only prepackaged food and;or beverages, all for consumption off the subject property. Foods and beverages which either require cooking or heating, or which are customarily cooked or heated prior to consumption, shall not be sold. SECTION 3: That, no later than ninety (90) days after the effective date of this ordinance, City staff shall issue a report to the Planning and Development Committee on the effects of this ordinance so that the Committee may re-evaluate the hours of operation as amended herein. SECTION 4, That the Applicant, at Its cost, shall record a certified copy of this ordinance, including all Exhibits attached hereto, with the Cook County Recorder of Deeds before it may operate the Convenience Store on the Subject Property between 4:00 and 7:00 p.m. on any Saturday, and/or between 7:00 a.m. and 7:00 p.m. on any Sunday. SECTION 5: That, except as otherwise provided for herein, all applicable regulations of Ordinance 40-0-05 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 provisions of any of said' documents conflict with the terms of this ordinance, this ordinance shall govern, and control. —2— 43-0-10 SECTION 6: That violation of any of the terms of this ordinance and/or Ordinance 40-0-05 shall constitute grounds for revocation, pursuant to Subsection 6-3-10-6 of the City Code, of the Special Use for a Convenience Store on the Subject Property. SECTION 7: That, when necessary to effectuate the terms, conditions, and purposes of this ordinance, "Applicant" shall be read as "Applicant's agents, assigns, and successors in interest." SECTION 8: That 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: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 10: That this ordinance shall be In full force and effect from and after its passage, approval, and publication in the manner provided by law. introduced: Adopted: , 2010 Approved; , 2010 "7-11 , 2010 r A �Z_ Eliza e h B. Tisdahi, Mayor Approved as to form: City Clerk W. Grant Farrar, City Attorney —3— 43-0-10 EXHIBIT A Ordinance 40-0-06 �4� ashes, strebt'6teanlngs, abandoned autormblies, solid business, commercial; and, industyiai'wastes, : paper, wrappings, cigarettes, cardboard, tin cans glass, , booing,-. c=kdry And sWilar materials; . and all -other waste materials ,which, if throwm.'.Ior' deposited as herein prohibited, may create a dangir to public health, safety,*or wslfir6. 'G. As repres6nied by the Applicant to the ZBA, tli6 special use approved hereby;, " a) §Wshall. l not -operate prior to 7:00 a.m. nor later than 7:00 p.m.,on weekdays,, not operate. Odor to 7.00, a.m. nor later than 4:00 p.m. on Saturdays, and shag not operaW on. Su'n&ys; and b) shall sell only prepackaged food arWor be've'ra'gesol.-all 'f6i consumption off the subject property. Foods and beverages 'whkh 'el"r req uire cooking or heating; or which are custotnarily cooked or heated prior to c4onsuri pi;oni shall Trot be sold. Dr The use approved,- hereby shall be altOwed only as an accessary user-tozan: automobile service station as the principal use dovbting 6o less than My Oq;DOO.-*%) of the building on the..'subject property for butonwifive service -briys: SECTION Thai all ordinances or parti of' orOlnah6esi ln'co"11114 -;herevultirare a hdre0y repb led., .: "l.". qi*.. $ECTION 5:-: T4at.thls;orWnitriqe steal! ffcVft&n­fihd'- - all 1).6 In full for6d eind be -ft its val" and publiciiii I ire the n• i6fihe'prbv1ded by. law.,I-s.-, a er on n Jae e .7, I J� ..2005 qt q. ..,P -!Adoptdd:' 2W.5 Appin%fm l:' Ii ni e K Mortb N' n ajor A666f, rw M- .,\Ift.CWk T qr­ -e'A J. X-1 WN, At"'Pr A V4H t6,f6 , Ae. 1r WO ;1 h. unrA. P • O S, A • stir. 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