HomeMy WebLinkAboutORDINANCES-1999-143-O-990
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, the then 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
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
143-0-99
special uses and major variations, respectively, and recommended that the City Council •
grant the appreciation; and
WHEREAS, the Planning and Development Committee of the City Council
considered and adopted the ZBA's 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 Committee 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 articular) described below, all on the subject property legally described •
particularly 1 p P Y g Y
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 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.
(2) This Ordinance 143-0-99 eliminates the
requirement, which arose from representations to the Planning
and Development Committee, by or on behalf of the applicant is
in case no. 99-10-SU & V(R), that the subject property contain
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143-0-99
a "pork chop" or other concrete barrier 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 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.
(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 property.
(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");
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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 2B, 2D, 2E, and 2F, are renumbered and •
incorporated otherwise unchanged in this Ordinance 143-0-99,
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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
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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: ��t;Lv t�� fir'; 2000
k)
Adopted: �
_ems_ _ .ik ,� -C�� 2000
t 1 7
Approved: 2000
Mayor
ATTEST:
i lerk
Ap oved as to fo m•
"' Corporation Counsel