HomeMy WebLinkAboutORDINANCES-2014-072-O-14• Effective Date: May 29, 2014 5/19/2014
72-0-14
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, 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,
0 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
72-0-14
CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
0
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 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 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:'Ak , 2014 Approved:
Adopted: Q� a M , 2014 12014
Eli�ybeth B. Tisdahl, Mayor
Attest: Approved as to form:
Rodney Gre e, City Clerk W. Grbnt Farrar, Corporation Couns I
•
•
mc
72-0-14
L�
•
EXHIBIT 1
Ordinance 94-0-12
-5-
9/10/2012 •
8/20/2012
94-0-12
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 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, ZIF 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 approve 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, 0
94-0-12
i 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 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—
•
n
Introduced: &�"A 18, 2012
Adopted: A.P f O-,Vn 10 , 2012
Attest:
Rodney Gre e, City Clerk
94-0-12
h4Ae4-y�&� 1,)
Approved:
2012
Eliz eth B. Tisdahl, Mayor
Approved as to form:
-'I
W. GrAnt Farrar, Corporation Counsel
94-0-12
EXHIBIT 1
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 [-toward 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
Applicants 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 0
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. /l
Introduced: �7 , 2010 Approved:
Adopted: �/ /a2 , 2010 , 2010
Eliza e h B.1iisdahl, Mayor
A Approved as to form:]
odney Grade, City Clerk W. Grant Farrar, City Attorney
�g�
43-0-10 0
EXHIBIT A
Ordinance 40-0-05
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-SECTION 3: -Thb.L--..'0urstiantto-Se fibl**:6-:§�5�
pandej.'..
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QbU , heil May., impo4e,,bondition6�
Whi id '6n the,`g f6rit b Wsp UP
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-n the n9ton tons -are �-`impos4,4trid4�6ii: necessary.'to e V
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-or opera o
.:,sald. con dibris and. ftitationt applkc��ijt7--. shall* be readdd`,-uowne'r"'
"a' licariYsscicce55ors'in interest".
W16prnetit..'irid use-
substebtial coi�pliahc*`
Day P su, �ropOrt in y shall W
le"a"I's a ioni- va
the todt-in'ibny 6Aa represent6`tlons'-%. bf
6!ZBA -&Plan�l&and C6elopme-nt,CUmm!UOi, and hd�pfty C6
61, 'and.Wi
,japprovdd,..plnp aqdd6cumehy on fiL.iff`th ne.eveipmentand-use`4-6 a
ell
Vher b61n"'s'UbSt6hcomplianewth:th& ite pl6nsbnitted;bkefto-,.alidari •
-afi&-btta0dd.heretb;;6s Exhilik B, area adcoolo y,.s§0jvijsj1.. a�dikl limit-..'fhe floof.-- b
hacks; bibtfj'df dis'016y.-elerridnts for n64utom9ti* 0roductb,dfferdd!jq,r:, ,reti .safes
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Bd ;... -e'o 0 p icani A'WI;�dWe-to"a littot, ollection,plan req.,
eb -6re'a.Iddated Within a tft-hiindrdd;w -of tfif. bbilding1MWhich"
.1he;Ais0:P 16ted...-Y" 0:1"�6d onai� tfi* h �uii,"
Aii iire�,"` 9'
li ery.. ree o _&n Ofick"Xijuri,
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in. -operatloh -and, soA1110 be k4O fee off:gfi 'litter, inclUding;A-z'
W-Use . '�: out, not 1 mkid: tat
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drs '�Iola
p6p� 1:06,`00s;:'bottwff.whd,'�
.Ips, strAWii.`--cohtatn baq.%4; utensils,
)th&Jitter:of y pe brdi'r" '-6e iwlgi&aij�v fib"n, * ty, _.ernahatifig-fr6m sny;source.',.,tfil�
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nR g ri-- 10
-49. W A" `� dead animas, ig46ndIconsuTt,on*.Q41w,6thr-pu ew le JdRE01ngsibidledyes,;lpnputtegle �d ;1ndludifigfbishW
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ashes, strebt abandoned automobiles, solid business, comnr*rc wl* and, %
pa r, wrappings, ciga
rettes, arettes, cardboard, tin cans, glass, :beading,.
Pe
..
crockery :and similar materials:' and all , other waste materials -which, if thrown.. 'or
deposited as herein prohibited, may create a danger to public health, safety, or welfare.
-C. As represented by flie Applicant to the ZBA, th6 special use approved hereby..
a) sNfll not -operate prior to 7:00 a.m, nor later than 7:00 p.m..on weekdaysss, thall..not
operate. prior to 7;00. a.m. nor later than 4:00 p.m. on Saturdaysi and shag not operate
on. Sundays; ;and b)shall sell only prepackaged food and/or beverages, -all for
consumption off the subject property. Foods and beveriages *whkh -ei"'r'req . quire
cooking or heat! cons'um tjo or which are cusminadly cooked or heated prior to n;
P
shall not be sold. Tr
M; The use approved:-hpreby shall be alldwed only as an accessory use -i--to , an;
autbrnoblie senfie6 station as the principal use dev6ling ho few than fifty per nt-
.ce
of the building on the,subject property
for automotive semee bays:
SECTION '4: That all ordinances or pads of ordinances in conflict
he'Y"18Whare h6rePy!pp0alpd;,
is
dnaice 4t in f6rce and �bffel (
U .,a er ita Pa sa
90. appova
it and public6tion irfth6 mari-ner prnvlderl bj. law.' Is
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ExHlaff A 13
LOTS 4 6,, 6 AND 7 IN BLOCK 3 OF NILES HOWARIY- TERMINAL
.:.ADD.PART-lTIQN,.'OFA SUBDIVISION OF THE SOUTH 6.25 CHAINS .(412.6 FEET). QF
THAT .
THE NORTHEAST- 114 'OF SECTION`. 30, * TOWN8HIR'41
-NORTH, RANGE..
14, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING.,.
WEST :OF F-WAY OF THE d1HIC'
THE. RIGHT-0 AGO NomwmtkN
RAILROAD. IN COOK_ COUNTY, ILLINOIS
:.(PtR,MANEN.T INDEX NOS. 11-30-211-00"000, 11-30-009-0000;.11,-34i
-2 1-
Mo'.000a, ilr�3o,21i-oli-0000, AND. 11-30-211-012-0000)'
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