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HomeMy WebLinkAbout046-O-23 Granting a Special Use Permit for a Cannabis Dispensary and Type 2 Restaurant located at 100 Chicago Avenue, in the B3 Business District05/08/2023 46-O-23 AN ORDINANCE Granting a Special Use Permit for a Cannabis Dispensary and Type 2 Restaurant located at 100 Chicago Avenue, 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, CESAM LLC, potential lessee (“the Applicant”), requests approval of Special Use Permits for a Cannabis Dispensary, OKAY Cannabis, and a ~1~ Page 1 of 7 Doc ID: ec091729f9f22ecbc0b00b21f98c60b1173e8d49 46-O-23 ~2~   Type 2 Restaurant, West Town Bakery, in the B3 Business District, located at the property commonly known as 100 Chicago Avenue, legally described and attached by reference herein as Exhibit A, and located in the B3 Business District; and, WHEREAS, pursuant to Subsections 6-9-4-3 and 6-4-11-3, a Cannabis Dispensary is an allowed Special Use in the B3 Business District, and pursuant to Subsection 6-9-4-2.5, a Type 2 Restaurant is an Administrative Review Use in the B3 Business District, and pursuant to Subsection 6-9-4-3, an Administrative Review Use 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 Evanston Review, 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 April 12, 2023, 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 Cannabis Dispensary and Type 2 Restaurant, filed as zoning case no. 23ZMJV-0020 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 five (5) “yays” and zero (0) “nays” with four (4) Commissioners absent, recommended City Council approval with conditions of the application for Special Use Permit for a Cannabis Dispensary and Type 2 Restaurant with the below findings incorporated into the record: Page 2 of 7 Doc ID: ec091729f9f22ecbc0b00b21f98c60b1173e8d49 46-O-23 ~3~   1. Is one of the listed special uses for the zoning district in which the property lies: Both of the businesses can locate within the B3 Business District meeting the standard 2. Complies with the purposes and the policies of the Comprehensive General Plan and the Zoning ordinance: The commercial uses will be on the first floor of a new building at the property that has been vacant for many years. The proposed use also keeps with the ordinance that there must be businesses on the first floor of this business district and so the standard is met. 3. Does not cause a negative cumulative effect in combination with existing special uses or as a category of land use: Bringing a continuous streetscape from the train station further west meets the standard. 4. Does not interfere with or diminish the value of property in the neighborhood: No negative testimony has been provided. Cannabis dispensaries are regulated through the State of Illinois and based on the Maple Avenue experience, blend in with the rest of the commercial real estate. No harm to property values is anticipated, so the standard is met. 5. Is adequately served by public facilities and services: It is a new building, and the standard is believed to be met. 6. Does not cause undue traffic congestion: The traffic for the new building was looked at to enter far enough on Chicago Avenue to not cause traffic congestion near the intersection. Deliveries will be made in the parking lot area through the load loading zone. Therefore, there is no concern about traffic congestion and the standard is met. 7. Preserves significant historical and architectural resources: There are none present to be concerned with. 8. Preserves significant natural and environmental resources: It is a new green building, so the standard is met. 9. Complies with all other applicable regulations: Cannabis dispensaries are highly regulated businesses in Illinois. The applicant has been operating similar operations through the City of Chicago without any incident that is known so there is no reason to believe they would not follow regulations, so the standard is met. WHEREAS, on May, 8 2023, the Planning and Development (“P&D”) Committee of the City Council held a meeting, in compliance with the provisions 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 Page 3 of 7 Doc ID: ec091729f9f22ecbc0b00b21f98c60b1173e8d49 46-O-23 ~4~   WHEREAS, at its meeting on May 8, 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 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 Permits, as applied for in zoning case no. 23ZMJV-0020, to allow the operation of one (1) Cannabis Dispensary and one (1) Type 2 Restaurant. 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 Special Use Permits for a Cannabis Dispensary and a Type 2 Restaurant as requested under zoning case no. 23ZMJV-0020, 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: Page 4 of 7 Doc ID: ec091729f9f22ecbc0b00b21f98c60b1173e8d49 46-O-23 ~5~   1. Additional bicycle racks shall be installed on-site prior to business operation. 2. A Waste Management Plan is required prior to permit issuance. 3. Hours of operation for the cannabis dispensary shall not exceed 10 am – 8 pm, seven (7) days a week. 4. Hours of operation for the Type 2 Restaurant shall not exceed 7 am – 8 pm, 7 days a week. 5. Sustainability measures including, but not limited to, recycling, recyclable or compostable to-go bakery containers, and litter collection within two hundred fifty feet (250’) of the subject property are required. 6. Employees shall not park on-site or in metered on-street parking spaces or in the adjoining neighborhood. 7. If in the future the operator of the dispensary changes, a new Special Use Permit is required 8. Access to the security cameras/system shall be made available to the Evanston Police Department. 9. Substantial compliance with the documents and testimony on record. 10. The Applicant must record the Special Use Permit with Cook County. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s tenants, agents, assignees, 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. Page 5 of 7 Doc ID: ec091729f9f22ecbc0b00b21f98c60b1173e8d49 46-O-23 ~6~   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. Introduced: _________________, 2023 Adopted: ___________________, 2023 Approved: __________________________, 2023 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: ______________________________ Nicholas E. Cummings, Corporation Counsel   May 8 May 8 Page 6 of 7 Doc ID: ec091729f9f22ecbc0b00b21f98c60b1173e8d49 May 10 46-O-23 ~7~   EXHIBIT A LEGAL DESCRIPTION Parcel 1: That part lying West of the West line of Chicago Avenue (now Clark Street) and East of the East line of the right of way of the Chicago and Northwestern Railroad Company (formerly Chicago and Milwaukee Railroad Company) of the South 6.25 chains of the Northeast ¼ of Section 30, Township 41 North, Range 14, East of the Third Principal Meridian, and North of a line 150.00 feet North of and parallel to the North line of Howard Street, measured along the West line of Chicago Avenue, in Cook County, Illinois. Parcel 2: The North 50 feet of the South 150 feet of that part of the South 6.25 chains, lying West of the West line of Chicago Avenue, East of the East line of Chicago and Northwestern Railroad and North of the North line of Howard Street of the Northeast ¼ of Section 30, Township 41 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois. Parcel 3: That part of the South 6.25 chains of the Northeast ¼ of Section 30, Township 41 North, Range 14, East of the Third Meridian, described as commencing at the intersection of the North line of Howard Street, with the East line of the right-of-way of the Chicago and Northwestern Railroad running; thence East along the North line of Howard Street to its intersection with the West line of North Clark Street (formerly Chicago Avenue); thence Northerly along the West line of said North Clark Street 100 feet; thence West parallel to the North line of Howard Avenue to the East line of the right-of-way of the Chicago and Northwestern Railroad; thence Southerly along said right-of-way, 100 feet more or less to the point of beginning, in Cook County, Illinois. PINS: 11-30-212-004-0000, 11-30-212-005-0000, 11-30-212-006-0000, 11-30-212-007- 0000, 11-30-212-008-0000 Page 7 of 7 Doc ID: ec091729f9f22ecbc0b00b21f98c60b1173e8d49