HomeMy WebLinkAboutORDINANCES-2008-098-O-08r1
LJ
Effective date:
September 23, 2008
98-0-08
AN ORDINANCE
8/20/2008
Amending the Conditions Imposed by
Ordinances 43-0-99 and 143-0-99 on
the Grant of a Special Use and Related Major Variations
to Allow a Drive -Through Facility at 430 Asbury Avenue
("Farmer's Best Market")
WHEREAS, there is a property, improved with a vacant retail store,
located at 430 Asbury Avenue, Evanston, Illinois (the "Subject Property"), legally
described in Exhibit A, attached hereto and incorporated herein by reference; and
WHEREAS, on April 23, 1999, the City enacted Ordinance 43-0-99,
attached hereto as Exhibit B and incorporated herein by reference, to allow, with
conditions, a Special Use for a drive -through facility and related Major Variations
from the Zoning Ordinance at the Subject Property; and
WHEREAS, on January 24, 2000, the City amended Ordinance 43-
0-99 by enacting Ordinance 143-0-99, attached hereto as Exhibit C and
incorporated herein by reference, to amend conditions placed on the grant of said
Special Use and Variations; and
WHEREAS, Ordinances 43-0-99 and 143-0-99 required the
operator of the retail store on the Subject Property to record the conditions on the
grant of a Special Use and Variations imposed by said ordinances as a covenant
0 running with the land; and
r
� � i
WHEREAS, Farmer's Best IV, Inc., an Illinois corporation ("the •
Applicant"), is the current sub -lessee of the Subject Property; and
WHEREAS, in order to allow for the economically -contributing
renovation of, and operation of a commercial grocery within the currently -vacant
retail store on the Subject Property, the Applicant, with the permission of Asbury
Evanston CVS, LLC, lessee of the Subject Property, seeks relief from certain
conditions imposed by the terms of Ordinances 43-0-99 and 143-0-99 as
memorialized in the aforementioned covenant running with the land; and
WHEREAS, at its September 8, 2008, meeting, the Planning and
Development Committee of the City Council considered the Applicant's request for
relief and recommended City Council approval of the same; and
WHEREAS, at its September 8, 2008, meeting, the City Council 0
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:
a part hereof.
SECTION 1: That the foregoing recitals are found as fact and made
SECTION 2: That the City Council hereby releases the Applicant
from the following condition set forth in Section 2 (B) of Ordinance 43-0-99, re-
numbered and incorporated as Subsection 2 (F)-1 of Ordinance 143-0-99:
•
-2-
•: • 1.,
• As represented by the Applicant at the ZBA hearing, alcoholic liquor
shall not be sold on the Subject Property, nor shall the retail use and
drive -through be operated other than during the hours of 8:00 A.M.
through 10:30 P.M.
SECTION 3: That the City Council hereby releases the Applicant
from the following condition set forth in Section 2 (B) of Ordinance 143-0-99:
The Subject Property will receive no more than nine (9) semi -trailer
trucks per week and no more than ten (10) trucks each day of
lesser size. To the maximum extent possible the petitioner or the
petitioner's successors in title to the Subject Property and any entity
holding possessory interest in the Subject Property shall prohibit or
otherwise not accept any truck delivery for the duration of two 1
hour periods. One said one -hour period shall commence one-half
hour prior to the start of school at Chute Junior High School and
end one-half hour after the start of school. The second one -hour
period shall commence one-half hour prior to the close of school at
Chute Junior High School and end one-half hour after the close of
school. This prohibition on truck deliveries shall apply on any day
in which Chute Junior High School is in session.
• SECTION 4: That the City Council hereby releases the Applicant
from the following condition set forth in Section 2 (D) of Ordinance 143-0-99: "The
drive -through window shall be used primarily for dispensing prescription drugs."
SECTION 5: 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 6: 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 the City may issue any permits or licenses
related to the renovation or operation of the retail store -on the Subject Property.
—3—
SECTION 7: That, except as otherwise provided for in this
ordinance, all applicable regulations of Ordinance 43-0-99, Ordinance 143-0-99,
the Zoning Ordinance, and the entire Evanston City Code, 1979, as amended,
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.
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 as provided by law.
Introduced: S , 2008 Approved:
Adopted: '2008 -( , 2008
Loiraine H. Morton, Mayor
�J Attest--.--_)Ap ed as to form:
Rodney eerie, City Clerk Elke Tober-Purze,interim
First Assistant Corporation Counsel
•
•
n
U
--4--
. EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1:
LOTS 1 AND 2 (EXCEPT THAT PART OF SAID LOTS LYING EAST OF A LINE 40 FEET
WEST OF AND PARALLEL WITH THE EAST LINE OF SECTION 25) IN BLOCK 3 IN KELLY
AND O'BRIEN'S SOUTH EVANSTON SUBDIVISION OF THE SOUTH '/2 OF THE NORTH Y2
OF THE NORTHEAST'/4 OF THE NORTHEAST % OF SECTION 25, TOWNSHIP 41 NORTH,
RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PARCEL 2:
THAT PART OF THE NORTHEAST % OF THE NORTHEAST'/a OF THE NORTHEAST % OF
SECTION 25, TOWNSHIP 41, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
COOK COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF
INTERSECTION OF A LINE 33.0 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE
OF THE NORTHEAST Y4 OF SAID SECTION WITH A LINE 40.0 FEET WEST OF AND
PARALLEL WITH THE EAST LINE OF THE NORTHEAST % OF SAID SECTION THENCE
SOUTH ALONG SAID PARALLEL LINE TO A POINT ON THE SOUTH LINE OF LOT 2 IN
• BLOCK 3 IN KELLY & O'BRIENS SOUTH EVANSTON SUBDIVISION OF THE SOUTH Y2 OF
THE NORTH 1/2 OF THE NORTHEAST % OF THE NORTHEAST % OF SAID SECTION
THENCE WEST ALONG SAID SOUTH LINE TO THE SOUTHWEST CORNER OF SAID LOT 2
THENCE NORTH ALONG THE WEST LINE OF LOTS 1 AND 2 AND BLOCK 3 IN SAID
SUBDIVISION TO THE NORTHWEST CORNER OF LOT 1 IN SAID SUBDIVISION THENCE
WEST TO THE NORTHEAST CORNER OF LOT 15 BLOCK 3 IN SAID SUBDI VISION
THENCE SOUTH ALONG THE EAST LINE OF LOTS 14 AND 15 IN BLOCK 3 IN SAID
SUBDIVISION TO THE SOUTH LINE OF THE NORTH 6 % FEET OF SAID LOT 14; THENCE
WEST ALONG SAID SOUTH LINE TO A POINT IN THE WEST LINE THEREOF THENCE
NORTH ALONG THE WEST LINE OF LOTS 14 AND 15 IN BLOCK 3 AND SAID WEST LINE
EXTENDED NORTH TO A POINT ON A LINE 16.0 FEET NORTH OF AND PARALLEL WITH
THE NORTH LINE OF SAID LOT 15 THENCE EAST ALONG SAID PARALLEL LINE TO A
POINT ON A LINE 201.018 FEET (AS MEASURED ALONG SAID PARALLEL LINE) WEST
OF AND PARALLEL WITH THE EAST LINE OF THE NORTHEAST % OF SAID
SECTION; THENCE NORTH ALONG SAID PARALLEL LINE TO A POINT ON A LINE
185.014 FEET (AS MEASURED ALONG SAID PARALLEL LINE) SOUTH OF AND PARALLEL
WITH THE NORTH LINE OF THE NORTHEAST % OF SAID SECTION THENCE LAST
PARALLEL WITH THE NORTH LINE OF THE NORTHEAST % OF SAID SECTION 30.65
FEET THENCE NORTH PARALLEL WITH THE EAST LINE OF THE NORTHEAST % OF SAID
SECTION 65.20 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE OF THE
• NORTHEAST % OF SAID SECTION 1.65 FEET THENCE NORTH
PARALLEL WITH THE EAST LINE OF THE NORTHEAST % OF SAID SECTION TO A POINT
-5- -
11
ON A LINE 33.0 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE •
NORTHEAST % OF SAID SECTION THENCE EAST ALONG SAID PARALLEL LINE TO THE
POINT OF BEGINNING, EXCLUDING THAT PART LYING WEST OF THE WEST LINE OF
LOTS 1 AND 2 'IN BLOCK 3 DESCRIBED ABOVE AS EXTENDED NORTH ALL IN COOK
COUNTY, ILLINOIS.
EXCEPTING ALSO THAT PART OF THE ABOVE DESCRIBED PARCEL 2 FALLING WITHIN
PARCELI.
PIN: 10-25-203-011-0000
10-25-206-007-0000
10-25-206-008-0000
COMMONLY KNOWN AS: 430 Asbury Avenue, Evanston, Illinois
•
n
U
—6—
• EXHIBIT B
•
•
ORDINANCE 43-0-99
7- . -
. _.fit:.. .. �. .; �. •�'
43-0-99
AN ORDINANCE
Granting a Special Use and
Certain Variations to Alloy a Retail Sales
Use and Drive Through at 430 Asbury Avenue
4/13/99, 03/26/99
WHEREAS, the Zoning Board of Appeals ("ZBA") held a public hearing on
April 16, 1999, in case number 99-10-SU & V(R), pursuant to proper notice, on the
application of Mid-Northem Commercial Services, Ltd., contract purchaser, as agent for
Michael Lelder Real Estate Corporation, property ovmer, for a special use pursuant to
Section 6-9-3-3 of the Zoning Ordinance, to allow use of 430 Asbury Avenue for a
drive -through facility, for variations from Section 6-9-3-7 that buildings be built to lot
lines and that parking in the subject yards be prohibited; and a variation from the off-
street loading requirements of Section 6-16-5 to reduce the number of required loading
berths from two to one, on property located in a C1 Commercial District; and
WHEREAS, the-ZBA, after hearing testimony and receiving other
evidence, made written findings pursuant to Section 6-3-5-10 and Section 6-3-8-12 of
the Zoning Ordinance that the application met the standards for special uses and major
variations, respectively, and recommended that the City Council grant the application;
and
WHEREAS, the Planning and Development Committee of the City Council
considered and adopted the ZBA's findings and recommendation; and
•
_4�v:=3�se:�d+�r^�_.:_..��_..i�h.��sC;.:.-sc''._:•eii:...,••:.._psi...;S...._�x..�,t:_.,iv.:t..�_:��•._�aa .........�.._.yt ._._.,..._.`.t._u•.t...:.r}:�'L:`�,.':i`L:iSiCsort•�}.i�z:R..._Slia".•.t�iri•'e
i
:a9'et'r ��.3. �$yj."!�<:4;i2=:�: iQ?'?• - ,t - _ . - ::.>,..- �:r - --� i:::y��:
x y{
.4«V 99
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: The City Council hereby adopts the findings and recommendation
of the Planning and Development Committee in the aforedescribed case number 99-10-
SU & V(R) and grants said special use and major variations on the property legally
described in Attachment 1, attached hereto and made a part hereof.
SECTION 2: That pursuant to Section 6-3-5-12 and Section 6-3-8-14 of the
Zoning Ordinance which prcvide that the City Council may impose conditions upon the
grant of special uses and variations, respectively, this condition is hereby imposed:
(A.) Construction, landscaping. operation, aad maintenance
of the development authorized by this grant of special use
and variations shall be in substantial compliance with the
testimony and representations of the applicant and
documents placed on file in connection with this case, and
with all applicable legislation.
(B.) As represented by the applicant at the ZBA hearing,
alcoholic liquor shall not be sold on the subject property, nor
shall the retail use and drive -through be operated other than
during the hours of 8:00 AM through 10:30 PM.
(C.) The applicant shall submit a landscape plan, which
shall provide for maintenance of landscaping, for review and
approval by the City Superintendent of Parks and Forestry .
which shall guarantee that any plants planted pursuant to
the landscaping plan which die or fail to thrive shall be
replaced during the earliest available planting season
thereafter, upon written notification by the City. Failure to
replace plantings within the time specified by the City shall
require payment of $5,000.00 to the City within thirty (30)
days after expiration of the time given by the City for such
replacement.
2
: F 3�. 1':. :i'r '., ^ :_ s * ��y its ' ;: • i i.'3
�...,t.�s...ii!r:.•..... __ ... .. .. _,..,.. .._il i..ea ...... ...... ... .............e_r<....is1.a...:.L.YF.iS'if_..m'��.fig•I�iSL'�6A(�.%�_R1:Si':1....:i%tY..
434 D-99
(D.) The applicant shall submit a litter collection plan,
acceptable to the City Manager, for the subject property and
adjoining public rights -of -way. Said plan shall be applicable
to the subject property beginning with the construction
phase and continuing throughout the term of this grant. As a
minimum, said plan shall require policing of the subject
property and said adjoining public rights -of -way no less than
twice daily and removal of shopping carts, trash and
garbage, including, but not limited to, discarded construction
materials, food, beverage containers, cigarette butts, plastic
and paper bags, lottery tickets, and all other discarded
waste materials, regardless of type, emanating from any
source. Said plan shall be submitted and approved prior to
the issuance of anybuilding permits.
(E.) The applicant, developer, or operator of the retail use
shall. erect, place, or implement safety devices and
procedures to direct and control vehicular and pedestrian
traffic on the subject property as well as with regard to
entrances and exits.
(F.) The applicant shall prepare in form and content
satisfactory to the City's Law Department, a covenant
running with the land containing the provisions of this
Section 2A through 2E. The covenant shalt provide that it
shall be released only by the City Council. No building
permits shall be issued until a copy of the recorded covenant
has been filed with the Zoning Administrator.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 4: This ordinance shall be in full force and effect from and after its
passage, approval, and publication in the manner provided .by law.
Introduced: , 1999
-Adopted: 2-0 , 1999
3
sr��+R.3a`a�fb'ri-$t�idZ'ri��',:gs-�: u....tf:«`i:u..:'_c5�.•�i :S.i.�•.•o.a�*::;;513..- �,.•..•1.:5 ahrr.��','.eSBiF:'_... ........_
• 43-0-99
ATTEST.
Clerk
Approve --i s to form
MOMS,
poraik1h Counsel
.- - U
Approved:
Mayor pro tem
-4
a.- 7.".
13
EXHIBIT "A"
' Legal Description
PARCEL 1: •
LOTS 1 AND 2 (EXCEPT THAT PART OF SAID LOTS LYING EAST OF A LINE 40 FEET WEST OF
AND PARALLEL WITH THE EAST LINE OF SECTION 25) IN BLOCK 3 IN KELLY AND OBRIEN'S
SOUTH EVANSTON SUBDIVISION OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4
OF THE NORTHEAST 1/4 OF SECTION 25, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS
PARCEL 2:
THAT PART OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 25, TOWNSHIP 41, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK
COUNTY, ILLINOIS DESCRIBED AS FOLLOWS:: COMMENCING AT THE POINT OF INTERSECTION
OF A LINE 33.0 FEET SOUTH OF AND PARALLEL WITH THE NORTH LIN£ OF THE NORTHEAST
1/4 OF SAID SECTION WITH A LINE 40.0 FEET WEST OF -AND PARALLEL WITH THE EAST LINE
OF THE NORTHEAST 1/4 OF SAID SECTION THENCE SOUTH ALONG SAID PARALLEL LINE TO A
POINT ON THE SOUTH LINE OF LOT 2 IN BLOCK 3 IN KELLY G O'BRIENS'SOUTH •EVANSTON-
SUBDIVISION OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION THENCE WEST ALONG SAID SOUTH LINE TO THE SOUTHWEST
CORNER OF SAID LOT 2 THENCE NORTH ALONG THE WEST LINE OF LOTS 1 AND 2 AND BLOCK 3
IN SAID SUBDIVISION TO THE NORTHEAST CORNER OF LOT 1 IN SAID 'SUBDIVISION THENCE
WEST TO THE NORTHEAST CORNER OF LOT lS BLOCK 3 IN SAID SUBDIVISION THENCE SOUTH
ALONG THE LAST LINE OF LOTS 14 AND 13 IN BLOCK 3 .IN SAID SUBDIVISION TO THE SOUTH
LINE OF THE NORTH 6 2/3 FEET OF SAID LOT 141 THENCE WEST ALONG SAID SOUTH LINE TO
A POINT IN THE WEST LINE THEREOF THENCE NORTH ALONG THE WEST LINE OF LOTS 14 AND
13 IN BLOCK 3 AND SAID WEST LINE EXTENDED NORTH TO A POINT ON A LINE 16.0 FEET •
NORTH OF AND PARALLEL WITH THE NORTH LINE OF SAID LOT 15 THENCE EAST ALONG SAID
PARALLEL LINE TO A POINT ON A LINE 201.019 FEET (AS MEASURED ALONG SAID PARALLEL
LINE) WEST OF AND PARALLEL WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID
J� SECTION; THENCE NORTH ALONG SAID P EL LINE TO A POINT ON A LINE 185.014 FEET
(AS MEASURED ALONG SAID PARALLEL LINE SOUTH OF AND PARALLEL WITH THE NORTH LINE
OF THE NORTHEAST 1/4 OF SAID SECTION ENCE LAST PARALLEL WITH THE NORTH LINE OF
THE NORTHEAST 1/4 OF SAID SECTION 30.65 FEET THENCE NORTH PARALLEL WITH THE EAST
LINE OF THE NORTHEAST 1/4 OF SAID SECTION 63.20 FEET) THENCE WEST PARALLEL WITH
THE NORTH LINE OF -THE NORTHEAST 1/4 OF SAID SECTION 1.65 FLET THENCE NORTH
PARALLEL WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION TO A POINT ON A
LINE 33.0 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST 1/4 OF
SAID SECTION THENCE EAST ALONG SAID PARALLEL LINE TO THE POINT OF BEGINNING,
EXCLUDING THAT PART LYING WEST OF THE WEST LINE OF LOTS 1 AND 2 IN BLOCK 3
DESCRIBED ABOVE AS EXTENDED NORTH ALL IN COOK COUNTY, ILLINOIS.
EXCEPTING ALSO THAT PART OF THE ABOVE DESCRIBED PARCEL 2 FALLING WITHIN PARCEL 1.
99S'i8899
0
4 11 ,.y,
•
•
EXHIBIT C
ORDINANCE 143-0-99
-8-
01/27/00, 12/07/99
143-0.99
AN ORDINANCE
Amending the Conditions Imposed by
Ordinance 43-0-99 on the Grant of
Special Use and Major Variations to Allow a
Drive -Through Facility at 430 Asbury Avenue
WHEREAS, the City Council by Ordinance 43.0-99, in case number 99-10.
SU & V(R), on the application of Mid -Northern Commercial Services, Ltd., contract
purchaser, as agent for Michael Leider Real Estate Corporation, thethen property owner,
granted a special use pursuant to Section 6-9-3-3 of the Zoning Ordinance, to allow use
of 430 Asbury Avenue ("subject property') for a drive -through facility, for variations from
Section 6-9-3-7 that buildings be built to lot lines and that parking in the subject yards be
prohibited; and a variation from the off-street loading requirements of Section 6-16-5 to
n
U
reduce the number of required loading berths from two to one, on property located in a C1 •
Commercial District; and
WHEREAS, subsequent to the passage of Ordinance 43-0-99, William
Shiner, manager of Asbury Associates, Limited Liability Corporation, property owner,
submitted an application, case no. ZBA 99-37-SU & V(R), to amend certain of the
conditions to Ordinance 43-0-99 on the subject property pursuant to sections 6-3-5-12 and
6-3-8-14 of the Zoning Ordinance; and
WHEREAS, the ZBA conducted a public hearing on September 21, 1999
pursuant to proper notice in the aforesaid case no. ZBA 99-37-SU & V(R), and, after
hearing testimony and receiving other evidence, made written findings pursuant to section
6-3-5-10 and 6-3-8-12 of the Zoning Ordinance that the application met the standards for
•
•fir C ,;.,: ::r;• • _
f.. r � � �}• .•�itl� r - `�%Yt� '� p } r'C .r. '�u�:i'i{p`` .i ,y: ;.,-�' .Ea',3 • ,{� 4
����LL Ja .•1.�!t%a'a�•.9Lr�:iG.Yi.�`�itwv'3..•FRss'��;'�>�.�iiS���.ti..:'�'L'fl•:�:?�,;���.Sisf:."r��C1c'rS-�......-��.-�l"'J:�" ..::��.r.Y�_t1'a. � � '.. .�TM,�}._s:�.iY.'.:L]:i�..'�.�4:
::�1�S.ti:�;��7M42tuuliY�A[1N td• / �.••rL�a� � �� 'Ti%:- tom., !i�'i4y,,,g�:i 'd�W iS. 1if j
..0
+5, �'?tar.Y.'r'
-<<-
'.i;>.rr:T51.[ :y;nc • •-,•� '�s:; �i�i •_ ..t;.
143-0-99
• special rises and major variations,. (respectively, and recommended that the City Council
grant the appreciation; and
WHEREAS, the Planning and Deve4opment Committee of the City Council
considered and adopted the ZBXs findings and recommendation; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: The City Council hereby adopts the findings and recommendation of
the Planning and Development Corrin fl ee in the aforedescribed case number ZBA 99-37-
SU & V(R) and amends the grant of special use and major variation approved by
Ordinance 43-0-99 by modifying the condition in Section 2A and 2C of Ordinance 43-0-99
and by adding additional conditions relating to delivery vehicles and prescription drug
• --dispensing, more particularly described below, all on the subject property legally described
in Attachment 1, attached hereto and made a part hereof.
SECTION 2: That pursuant to Section 6-3-5-12 and Section 6-3-8-14 of the Zoning
Ordinance which provide that the City Council may impose conditions upon the grant of
special uses and variations, respectively, these conditions are hereby imposed:
(A.) (1) Construction, landscaping, operation, and
maintenance of the development authorized by this grant of
special use and variatimns shall be in substantial compliance
with the testimony and representations of the applicant and
documents placed on file in connection with this case, and with
all applicable legislation.
(2) This Ordinance- 143-0-99 eliminates the
requirement, which arse from representations to the Planning
and Development Comrriiiiee, by or on behalf of the applicant
• in case no. 99-10-SU & V(R), that the subject property contain
r,
:a. �".E'. � � v. _ .s(. �.:;:. _ _ l � •,i:-•�::�� ':N���?J: it
SV
�~t=?s •;?,12s :;
:i: ''r•!,, -.•.�.: s�,-�, psi'!: !:i�b:i.t.ih_�.•.1.n.v. r�
.. ,:ai'i i.:...n .-... ..-...... •::%: _. : i• ._. .. ....� _,.. ..,. n. .r:.....-v.r-t SJ(fli.� ��'i •.�,.•;_•,.::v1�ti4_�..-... ...b'IV,lYt:i<:�R .`'.iu•i..
143-0-99
a "poafc chop" or other concrete bamer at the southernmost exit
from the subject property to create right-in/right-only traffic.
(B.) The subject property will receive no more than nine (9)
semi -trailer trucks per week and no more than ten (10) trucks
each day of lesser size. To the maximum extent possible the
petitioner or the petitioners successors in title to the subject
property and any entity holding possessory interest in the
subject property shall prohibit or otherwise not accept any
truck delivery for the duration of two 1 hour periods. One said
one -hour period shall commence one-half hour prior to the
start of school at Chute Junior High School and end one-half
hour after the start of school. The second one -hour period
shall commence one-half hour prior to the close of school at
Chute Junior High School and end one-half hour after the
close of school. This prohibition on truck deliveries shall apply
on any day in which Chute Junior High School is in session.
(C.) All vehicles making deliveries on the subject property
shall have their engines shut off at all times while said vehicle
is standing on the property except when directly involved in
entering on to or exiting from the subject pF uperty.
(D.) The drive -through window shall be used primarily for
dispensing prescription drugs.
(E.) The condition imposed by Section 2.C. of Ordinance 43-
0-99 is deleted and the following substituted therefor:
The applicant has submitted a landscape plan that has
been approved by the City and has agreed that any
plant planted pursuant to said plan that dies or fails to
thrive (each a "Failed Plant") shall be replaced during
the earliest available planting season thereafter. If
applicant shall not so replace the Failed Plants,
applicant shall pay a fine of $5,000 to the City. The
procedure in connection with the Failed Plants shall be
as follows:
1) The City shall notify applicant in writing of
its obligation to replace a Failed Plant or
Plants (the "Landscape Notice");
3
•
n
U
•
i.y .,. itl••iy
_:.�'•}�l;n,� �..c*f''• •0.,�„q�_t'ri3}++{�,�+jk ¢�t�:.��}e�s
♦::- .�d�•,,,,,S� .�i: •L y ���:,:Yr: ..i ��.•rt' .}i��ii: .Lf, w%p�}oi '. �•,{�i: .' ':+i�1G-..-� d's`•i�-p •-,--•.�f.C= Y.R'
.:Y.aa✓1�•Jl�fi/tRb•�fASi%Ih�Y.d:�:r:iSer!dG�:E,'S�i1=°i:L �� :.�':,:'.: •. .,.. }:}.i;� t Ili' 'l::.::;:: ,..;�� �• � —_-- _ �:t��•���,—�,�._._
143-0-99
• 2) Within 30 days after the date of receipt of
the Landscape Notice (the "Replanting
Period"), applicant shall either (i) replace
each Failed Plant, or (ii) if a replacement
therefor is not available or if the weather
does not permit planting within the
replanting period, notify the City in writing
(the "Extension Notice") of the
circumstances preventing it from planting
a Failed Plant and its reasonable estimate
of the time period in which a replacement
plant will be available and/or the weather
will permit planting, which in no event
shall be longer than 270 days from the,.
date of receipt of the Landscape Notice
(the "Extended Replanting Period"). if the
City disagrees with the applicant's
estimate, the City and applicant shall
work together to arrive at a reasonable
time period, which time period shall then
be referred to as the Extended Replanting
Period. If applicant shall fail to replant a
Failed Plant within the Replanting Period,
or the Extended Replanting Period if
applicant shall have delivered an
Extension Notice, then applicant shall pay
a fine to the City of $5,000 within 30 days
after expiration of the Planting Period or
Extended Planting Period, as the case
may be.
Applicant shall from time to time notify the City of
its notice address for purposes of this provision.
At this time said address is as follows:
c/o Mid -Northern Equities Management, Ltd.
3100 West -Dundee
Suite 304
Northbrook, Illinois 60062
(F.) The following conditions, expressed in Ordinance 43-0-99
In Sections 213, -2D, 2E, ' and 2F, are renumbered and
incorporated otherwise unchanged in this Ordinance 143-0-99,
• 4
y . ;_�
:•) �')�� .A, M••aX11r TES• 'v_ :i:=. .�: _.Q N .i.^� cy;';'t,� cS r±,`•.
. e. '4.-•'i''Ji:if l• •i ...�.;= :.i`,: :t.::i. u.: iaj_ "ri �: ���{`Stkv. i� j1 J i� i`� .J :Vj i ...F34Lct5.:i3::7:._t..-1:�:: JVL
143-0-99
Section 2A of Ordinance 43-0-99 having been modified above
by the addition of subparagraph 2 (A)(2): •
(1) As represented by the applicant at the ZBA
hearing, alcoholic liquor shall not be sold on the
subject property, nor shall the retail use and
drive -through be operated other than during the
hours of 8:00 AM through 10:30 PM.
(2.) The applicant shall submit a landscape plan,
which. shall provide for maintenance of
landscaping, for review and approval by the City
Superintendent of Parks and Forestry which
shall guarantee that any plants planted pursuant
to the landscaping plan which die or fail to thrive
shall be replaced during the earliest available
planting season thereafter, upon written
notification by the City. Failure to replace
plantings within the time specified by the City
shall require payment of $5,000.00 to the'City
within 30 days after expiration of the time given
by the City for such replacement.
(3) The applicant shall submit a litter collection plan,
acceptable to the City Manager; for the subject
property and adjoining public rights -of -way. Said
plan shall be applicable to the subject property
beginning with the construction phase and
continuing throughout the term of this grant. As
a minimum, said plan shall require policing of the
subject property and said adjoining public rights -
of -way no less than twice daily and removal of
shopping carts, trash and garbage, including, but
not limited to, discarded construction materials,
food, beverage containers, cigarette butts,
plastic and paper bags, lottery tickets, and all
other discarded waste materials, regardless of
type, emanating from any source. Said plan
shall be submitted and approved prior to the
issuance of any building permits.
(4) The applicant, developer, or operator of the retail
use shall erect, place, or implement safety
��,�••13y.—�.f:-'iyfi� ��Il��a •�� r11y.A.�":� .l .��r :l,',..�',.�i _ �,+,��•':
F;•_:�"i�k�Ft ... ;):��:: . � ... .. ..:r!.,.. ... .. 'r: .....� .. ... .. ..............t�..::s��!:i�..�:..*st::s`.firiS�i`i�v°s�.Dri.7tr
J
143-0-99
• devices and procedures to direct and control
vehicular and pedestrian traffic on the subject
property as well as with regard to entrances and
exits.
(5) The applicant shall prepare in form and content
satisfactory to the City's Law Department, a
covenant running with the land containing the
provisions of this Section 2 (E.)(1) through 2
(E.)(4) The covenant shall provide that it shall
be released only by the City Council. No
building permits shall be issued until a copy of
the recorded covenant has been filed with the
Zoning Administrator.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 4: This ordinance shall be in full force and effect from and after its
passage, approval, and publication in the manner provided by law.
. Introduced: to -2000
Adopted: 'A3 aq 2600
2
A pro _ ;2000
_) Mayor
ATTEST:
r lerk
Ap oved as to fo
Corporation Counsel
• 6
i; i'o'....%Ky..L.�Kfrc:i',:�ckt:sa':Y�.�e:�t'liJbl►:.��...:sc.._.......»c:17i,.�aiviY�::ti.:.lei.ui:;'•.::�SnM�i.a�n.4?it`C�:�4rti.li.riS��...:t.'.�i.�•:. .. +:
CJ
•
•