HomeMy WebLinkAbout128-O-22 Granting a Special Use Permit for a Convenience Store in the B3 Business District12/12/2022
128-O-22
AN ORDINANCE
Granting a Special Use Permit for a Convenience Store in the B3
Business District
WHEREAS,the City of Evanston is a home-rule municipality pursuant to
Article VII of the Illinois Constitution of 1970; and
WHEREAS,as a home rule unit of government, the City has the authority
to adopt legislation and to promulgate rules and regulations that protect the public
health, safety, and welfare of its residents; and
WHEREAS,Article VII, Section 6(a) of the Illinois Constitution of 1970,
states that the “powers and functions of home rule units shall be construed liberally,”
was written “with the intention that home rule unit be given the broadest powers
possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164, 174-75 (1992)); 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,Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1,
et seq.) grants each municipality the power to establish zoning regulations; and,
WHEREAS,pursuant to its home rule authority and the Illinois Municipal
Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the
Evanston City Code of 2012, as amended (“the Zoning Ordinance”); and
WHEREAS,Gemal Alhelali, “the Applicant”, requests approval of a
Special Use Permit for a convenience store to sell food, beverages and tobacco in the
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B3 Business District, located at the property commonly known as 321 Howard Street,
legally described and attached by reference herein as Exhibit A,; and,
WHEREAS,pursuant to Subsection 6-9-4-3, a convenience store is an
allowed Special Use in the B3 Business District; and
WHEREAS, following due and proper publication of notice in Pioneer
North, a suburban publication of the Chicago Tribune, not less than fifteen (15) nor more
than thirty (30) days prior thereto, and following written notice to all property owners
within 500 feet of the Subject Property, and following the placement of signs on the
Subject Property not less than ten (10) days prior thereto, the Evanston Land Use
Commission conducted a public hearing on November 9, 2022, in compliance with the
provisions of the Illinois Open Meetings Act (5 ILCs 120/1 et seq.) on the application for
a Special Use Permit for a convenience store, filed as zoning case no. 22ZMJV-0073;
and
WHEREAS,the Land Use Commission received extensive testimony,
heard public comment, and made findings pursuant to Subsection 6-3-5-10, of the
Zoning Ordinance, and by a vote of seven (7) “yays” and zero (0) “nays” with three (3)
Commissioners absent, recommended City Council approval with conditions of the
application for Special Use Permit for a convenience store with the below findings
incorporated into the record:
1. Is one of the listed special uses for the zoning district in which the property
lies: A Convenience Store is listed as a special use in the B3 Business
District.
2. Complies with the purposes and the policies of the Comprehensive
General Plan and the Zoning Ordinance: The proposed use is compliant
with the Zoning Ordinance and Comprehensive General Plan promoting
economic growth and development of a business and commercial area
increasing pedestrian traffic.
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3. Does not cause a negative cumulative effect in combination with existing
special uses or as a category of land use: The proposed use has limited
potential to negatively interfere with any proximate residential or
commercial uses.
4. Does not interfere with or diminish the value of property in the
Neighborhood: The proposed use would occupy a currently vacant
storefront and is non-objectionable to surrounding commercial uses.
5. Is adequately served by public facilities and services: The building is
served by adequate sidewalks, streets with dedicated bike lanes, trash
collection, on-street parking and is near CTA bus and train service.
6. Does not cause undue traffic congestion: The location is well suited for
customers to access by foot or bike and customer parking is available on
the street and within the block area.
7. Preserves significant historical and architectural resources: This standard
is not applicable.
8. Preserves significant natural and environmental resources: This standard
is not applicable.
9. Complies with all other applicable regulations: The proposal complies with
all other applicable regulations; and
WHEREAS,on December 12, 2022, the Planning and Development
(“P&D”) Committee of the City Council held a meeting, in compliance with the provision
of the Open Meetings Act and the Zoning Ordinance, received input from the public,
carefully considered the findings and recommendation for approval with conditions of
the Land use Commission, and recommended approval thereof by the City Council; and
WHEREAS,at its meetings on December 12th, 2022 and January 9th,
2023, held in compliance with the Open Meetings Act and the Zoning Ordinance, the
City Council considered the recommendation of the P&D Committee, received
additional public comment, made certain findings, and adopted said recommendation;
and
WHEREAS,it is well-settled law that the legislative judgment of the City
Council must be considered presumptively valid (see Glenview State Bank v. Village of
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Deerfield, 213 Ill. App.3d 747) and is not subject to courtroom fact-finding (see National
Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124).
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:Pursuant to the terms and conditions of this ordinance, the
City Council hereby grants the Special Use Permit, as applied for in zoning case no.
22ZMJV-0073, to allow the operation of one (1) convenience store on the property
located at 321 Howard Street, as legally described and attached herein by reference as
Exhibit A .
SECTION 3:Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance,
the City Council imposes the following conditions on the aforementioned zoning relief
granted hereby, being a Special Use Permit for a convenience store as requested under
zoning case no. 22ZMJV-0073, which may be amended by future ordinance(s), and
violation of any of which shall constitute grounds for penalties or revocation of said
Special Use Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning
Ordinance:
1. That the cashier be located at the front of the store;
2. That the tobacco sales are not to exceed fifty percent (50%) of the total sales
or floor display;
3. That the storefront window obstruction be restricted to a height of three (3)
feet) and above the grade;
4. That a refuse receptacle be placed near the cashier and is accessible to
customers;
5. That litter in front and rear of the store be cleaned up by the store owner;
6. That any deliveries to and from the property be conducted in the alley;
7. That the hours of operation be limited to 7:00 am to 10:00 pm daily and
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8. That prior to a Certificate of Occupancy issuance, a floor plan be provided
that shows the tobacco products behind the sales counter with a note
indicating the planned storage and security.
SECTION 4:When necessary to effectuate the terms, conditions, and
purposes of this ordinance, “Applicant” shall be read as “Applicant’s tenants, agents,
assigned, and successors in interest.”
SECTION 5: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
SECTION 6:All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 7: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 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.
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Stephanie Mendoza, City Clerk Nicholas E. Cummings, Corporation Counsel
Introduced: _________________, 2022
Adopted: ___________________, 2023
Approved:
__________________________, 2023
_______________________________
Daniel Biss, Mayor
Attest:
_______________________________
Approved as to form:
______________________________
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December 12
January 9
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January 11
128-O-22
EXHIBIT A
LEGAL DESCRIPTION
THAT PART OF THE SOUTH 6.25 CHAINS OF THE NORTHEAST ¼ OF SECTION 30,
TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN
DESCRIBED AS FOLLOWS: BEGINNING ON A LINE PARALLEL WITH AND 33.00
FEET NORTH OF (MEASURED AT RIGHT ANGLES TO) SOUTH LINE OF SAID
NORTHEAST ¼ AT A POINT 550.87 FEET EAST OF (MEASURED ALONG SAID
PARALLEL LINE) THE EASTERLY LINE OF CHICAGO AVENUE (FORMERLY CLARK
STREET) THENCE NORTH AT RIGHT ANGLES TO SAID PARALLEL LINE, 85.00
FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST ¼
71.57 FEET MORE OR LESS TO THE WESTERLY LINE OF THE RIGHT OF WAY OF
THE CHICAGO MILWAUKEE AND ST. PAUL RAILROAD AT A POINT 118.00 FEET
NORTH OF (MEASURED AT RIGHT ANGLES TO) THE SOUTH LINE OF SAID
NORTHEAST ¼; THENCE SOUTHEASTERLY ALONG THE WESTERLY LINE OF
SAID RIGHT OF WAY 115.81 FEET MORE OR LESS TO A POINT 33.00 FEET
NORTH OF (MEASURED AT RIGHT ANGLES TO) THE SOUTH LINE OF SAID
NORTHEAST ¼; THENCE WEST 149.46 FEET MORE OF LESS TO PLACE OF
BEGINNING, IN COOK COUNTY, ILLINOIS …COMMONLY KNOWN AS 309 – 323
HOWARD STREET, EVANSTON, ILLINOIS.
PIN: 11-30-213-020-0000
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