HomeMy WebLinkAboutORDINANCES-2013-072-O-13• 6/11 /2013
72-0-13
AN ORDINANCE
Amending the Special Use Permit for a Type 2 Restaurant
Located at 519 Main Street ("Starbucks")
WHEREAS, the City of Evanston, Cook County, Illinois, (the "City") is a
home rule unit of government under the Illinois Constitution of 1970; and
WHEREAS, Article VII, Section 6a of the Illinois Constitution of 1970
confers certain powers upon home rule units, among which are the powers to regulate for
the protection of the public health, safety, and welfare; 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, the City has adopted a set of zoning regulations, set forth in
Title 6 of the Evanston City Code, 2013, as amended, ("the Zoning Ordinance"); and
WHEREAS, on January 14, 2002, the City enacted Ordinance 121-0-01,
attached hereto as Exhibit 1 and incorporated herein by reference; and
WHEREAS, pursuant to the provisions of the Zoning Ordinance,
Ordinance 121-0-01 granted a Special Use Permit for a Type 2 Restaurant on the
property located at 519 Main Street, Evanston, Illinois (the "Subject Property"), which is
legally described in Exhibit 1; and
WHEREAS, the Starbucks Corporation ("the Applicant"), operator of the
Type 2 Restaurant on the Subject Property, requests relief from the condition imposed on
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the Special Use Permit pursuant to Section 3-c of Ordinance 121-0-01; and
72-0-13
WHEREAS, on June 24, 2013, the Planning and Development Committee •
("P&D Committee") of the City Council held a meeting, in compliance with the provisions
of the Illinois Open Meetings Act (5 ILCS 120/1 et seq.), during which it considered the
Applicant's request and recommended approval thereof by the City Council; and
WHEREAS, at its meetings of June 24 and July 8, 2013, the City Council
considered the P&D Committee's recommendation, heard public comment, made
findings, and amended and adopted said recommendation, as amended; and
WHEREAS, it is well -settled law in Illinois that the legislative judgment of
the City Council must be considered presumptively valid (see Glenview State Bank v.
Village of Deerfield, 213 III.App.3d 747),
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: The City Council hereby deletes the condition set forth in
Section 3-c of Ordinance 121-0-01 in its entirety, and said condition shall no longer have
any force or effect on the operation of the Type 2 Restaurant on the Subject Property.
SECTION 3: 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 a copy thereof to the City.
SECTION 4: 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."
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SECTION 5: Except as otherwise provided for in this Ordinance 72-0-13,
all applicable regulations of Ordinance 121-0-01, 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
72-0-13 shall govern and control.
SECTION 6: The findings and recitals 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 7: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 8: This Ordinance 72-0-13 shall be in full force and effect from
and after its passage, approval, and publication in the manner provided by law, and after
Applicant records a certified copy of it with the Cook County Recorder of Deeds.
Introduced: , 2013
Adopted: _ , 2013
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Attest:
I /267ttell
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Rod.(ey Green ,City Clerk
Approved:
�� , 2013
Ann Rainey, Mayor Pro
Approved as to form:
L
�r;i
t r orporation Counsel
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72-0-13
EXHIBIT 1
Ordinance 121-0-01
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AN ORDINANCE
Granting a Special Use to Allow a
Type 2 Restaurant at Sig Main Street
WHEREAS, the Zoning Board of Appeals ("ZBA") held a public hearing on
August 1, 2000 pursuant to proper notice in case no. ZBA 00-20-SU(R) ("subject case")
on the application of John A. Wesche, Construction Manager for StarbuGks Coffee
Company, with written permission from Evanston Trust and Savings Bank, property
owner, for a special use pursuant to Section 6-9-4-3 of the Zoning Ordinance to allow a
Type 2 restaurant at 519 Main Street, within the B3 Business District; and
• WHEREAS, the ZBA, after hearing testimony and receiving other evidence,
•making a written record thereof, made written findings pursuant to Section 6-3-4-5 of the
Zoning Ordinance and found that the application did not meet the standards for special
uses, and recommended City Council denial thereof, and
WHEREAS, the subject case was held in Committee by the Planning and
Development Committee of the City Council on October 10, 2000 and October 23, 2000
at the request of the Applicant; and
WHEREAS, the Planning and Development Committee considered the subject
case at its meetings on October 22, 2001, November 13, 2001, and December 3, 2001
and
WHEREAS, the Planning and Development Committee considered the ZBA's
• record and recommendation to deny the application, heard comments from the public..
121-0-01 1W
and the Applicant, and reported the case out of Committee on December 3, 2001
without a recommendation; and
WHEREAS, at its December 3. 2001 meeting, the City Council reviewed the
ZBKs record and recommendation to deny the special use, the Planning and
Development Committee's record, heard public comment, and voted to overtum the
ZBA's recommended denial and grant the special use; and
WHEREAS, the Planning and Development Committee made findings at its
December 17, 2001 meeting that the application met the standards for special uses set
forth in the Zoning Ordinance and recommended City Council approval thereof by this
Ordinance 121-0-01; and
WHEREAS, the City Council considered this Ordinance 121-0-01 at its
December 17, 2001 and January 14, 2002 meetings;
WHEREAS, at the December 17, 2001 meeting, the City Council made certain
revisions to the conditions imposed upon the grant of special use,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the City Council hereby adopts the findings and
recommendation of the Planning and Development Committee at its December 17,
2001 meeting in the afbredescribed case no. ZBA 00-20-SU(R) and grants said special
use to operate a Type 2 Restaurant an property commonly known as 519 Main Street
and legally described in Exhibit A attached hereto and made a part hereof.
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121-0-01
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SECTION 2: That the City Council hereby accepts the findings of the Planning
and Development Committee that the application met the standards for the special uses
set forth in Section 6-3-5-1 Q of the Zoning Ordinance:
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a. Type 2 Restaurants are a listed special use in the B3 Zoning
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District.
b. The subject use is in keeping with the purposes and policies of the
Comprehensive General Plan ("CGP") and the Zoning Ordinance.
1. The property is classified as "retail and mixed uses" in the
CGP Land Use Map, it is within an area on CGP Map 2
designated as a condor for commercial and mixed use
development, enhances existing neighborhoods, . and
contributes to the overall social and economic quality of
Evanston.
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2. The . use promotes pedestrian -oriented retail activity in a
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neighborhood business area and is part of a residential/
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commercial mixed use development designed to enhance
the existing character of the neighborhood.
3. Among the purposes of the Zoning Ordinance set forth in
Section 6-1-2 is to conserve and enhance the taxable value
of land and buildings throughout the City. Operation of the
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subject use will bring additional income in the form of
property, sales, and other taxes to the City from a property.
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C. The subject use will not cause a negative cumulative effect in that
the most intense impact from this use on traffic and parking occurs
when other uses in the area have lesser demands.
d. The subject use does not interfere with or diminish the value of
property in the neighborhood, in that it will aid the retail sales
potential of this designated business area. The added retail sales
potential will increase residential convenience and add to the value
of neighboring business property.
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121-0-01
e. The subject use can be adequately served by public facilities and
services, in that neither new public facilities nor additional public
services will be required.
f. The subject use does not cause undue traffic congestion, in that
parking is available within a reasonable distance of the subject
property, the most intense impact from this use on parking occurs
when other uses in the area have lesser demands and actions to
mitigate congestion are imposed in Sections 3(c), 3(d), and 3(e),
below.
g. The subject use has no effect upon significant historical and
architectural resources, in that the use is located in new
construction.
h. The subject use has no impact on significant natural or
environmental resources in that no such resources are located at
the subject property.
i. The .subject use .will comply with all applicable regulations _of the
83 Business District in which it is located and other applicable
ordinances.
SECTION 3: Pursuant to Section 6-3-5-12 of the Zoning Ordinance, which
provides that the City Council may impose conditions and limitations on the grant of a
special use, these conditions and limitations are hereby imposed:
a. The special use granted hereby shall be subject to compliance with
all applicable provisions of the Zoning Ordinance and other
applicable laws;
b. The approval is subject to construction and operation of the use in
substantial compliance with representations of the Applicant,
documents placed on file in connection with this case by the
Applicant, and the plans, as approved by the City.
C. Persons who shall have previously applied for and been granted
authority by the City pursuant to Section 9-1-11 of the Evanston
City Code of 1979, as amended, to issue citations for parking
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121-0-01
regulation violations in the area designated by the City, shall be
hired and their employment maintained. Said persons shall enforce
parking regulation violations in the subject alley and on the public
street and sidewalk in front of the subject use from 7:00 A.M.
through 9:00 A.M., every Monday through Friday the use is open
for business, and from 7:30 A.M. through 10:30 A.M. every
Saturday the use is open for business. No relief from the Condition
set forth in the Section 2(c) shall be sought prior to one (1) year
after the City has issued a final Certificate of Occupancy for the use
granted hereby. Any such request for relief shall be in writing and
shall be filed with the Planning and Development Committee for
consideration prior to City Council action. The City Council, may, in
its sole discretion, grant, deny, or modify the relief requested.
d. If installation of speed bumps in the alley directly east of the subject
property on the north side of Main Street ("subject alley") is
approved by the City Council upon written request of two-thirds
(2/3) of the residents of properties abutting the alley, the Applicant
shall reimburse the City an amount equal to the City's cost of
• installation and maintenance of the speed bumps. The speed
bumps shall be of such type(s) and in such number and location as
determined by the City. The Applicant's failure to reimburse the
City for the cost of installation of said speed bumps or of
maintenance or of replacement, within thirty (30) days after
invoicing therefor by the City shall, at the City's option, void this
special use. The Applicant and its successors in interest shall, in
like manner, reimburse the City for all costs of maintenance and
installation of replacement speed bumps.
e. installation and assumption of all costs in connection therewith of a
parabolic mirror or other similar device at the intersection of the
subject alley and the north sidewalk on Main Street for use by
southbound alley traffic to detect cross traffic. The mirror must be
of a type and installed in a location satisfactory to the City's Division
of Traffic Engineering, all as a condition to the City's grant of a Final
Certificate of Occupancy. Applicant must provide a written
recommendation from a traffic expert as to location of the mirror.
SECTION 4: That all ordinances or parts of ordinances in conflict herewith are
hereby, repealed.
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121-0-01
SECTION S: That this ordinance shall be in full force and effect from and after its
passage, approval, and publication in the manner provided by lawn.
Introduced:
1- ,200E
Adopted: January 14, 2002
ATTEST:
City le
Apo t'ra
d as t o
Cortion Counse
LOTS 1. 2 AND 3 IN BLOCK 2 IN GIBBS, LADD AND GEORGE'S
ADDITION TO EVANSTON, BEING A SUBDIVISION OF PART OF THE
SOUTH %2 OF THE NORTHEAST % OF SECTION 19, TOWNSHIP 41
NCRTR RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
COOK COUNTY, ILLINOIS.
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