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Home My WebLink About075-O-23 Granting A Special Use Permit for a Convenience Store Located at 1806 Dempster Street and A Special Use Permit for A Type 2 Restaurant Located at 1808 Dempster Street, in the B1 Business District08/28/2023 75-O-23 AN ORDINANCE Granting A Special Use Permit for a Convenience Store Located at 1806 Dempster Street and A Special Use Permit for A Type 2 Restaurant Located at 1808 Dempster Street, in the B1 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 ~1~ Page 1 of 8 Doc ID: 0ec92f5e896b1e2235c0e414977f75aa09d09e3a 75-O-23 ~2~ WHEREAS, Danielle Dean, lessee (“the Applicant”), requests approval of a Special Use Permit for a an existing Convenience Store at 1806 Dempster Street, currently in operation with approved Special Use Ordinance 120-O-21, and a new Special Use Permit for a Type 2 Restaurant at 1808 Dempster Street, Windy City Flavors, in the B1 Business District, all of which are located at the property commonly known as 1806-1808 Dempster Street, legally described and attached by reference herein as Exhibit A; and WHEREAS, pursuant to Subsection 6-9-2-3, a Convenience Store is an allowed Special Use in the B1 Business District, and pursuant to Subsection 6-9-2-2.5, a Type 2 Restaurant is an Administrative Review Use in the B1 Business District, and pursuant to Subsection 6-9-2-3, an Administrative Review Use is an allowed Special Use in the B1 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 public hearings on May 24, 2023 and July 12, 2023, in compliance with the provisions of the Illinois Open Meetings Act (5 ILCs 120/1 et seq.) on the application for Special Use Permits for a Convenience Store and a Type 2 Restaurant, filed as zoning case no. 23ZMJV-0028; and Page 2 of 8 Doc ID: 0ec92f5e896b1e2235c0e414977f75aa09d09e3a 75-O-23 ~3~ WHEREAS, after having considered the evidence presented, including the exhibits and materials submitted, and public testimony provided, with respect to the Special Use Permits pursuant to Section 6-3-5-10 of the Code, the LUC found that: 1. Is one of the listed special uses for the zoning district in which the property lies: A convenience store and Type 2 restaurant are approved uses within the B1 District. 2. Complies with the purposes and the policies of the Comprehensive General Plan and the Zoning ordinance: A convenience store and Type 2 restaurant that utilize the business space aligns with the goals and standards of the plan, 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: The minimal impact standard is met because the business’s size and the nature of its offerings suggest that the impact on the neighborhood will be minimal. 4. Does not interfere with or diminish the value of property in the neighborhood: A functioning thriving business in use in the neighborhood increases values, so the standard was found to be met. 5. Is adequately served by public facilities and services: The standard was found to be met. 6. Does not cause undue traffic congestion: The standard was found to be met. 7. Preserves significant historical and architectural resources: There is no change to the outside of the building so that standard is met. 8. Preserves significant natural and environmental resources: There is no change to the outside of the building so that standard is met. 9. Complies with all other applicable regulations of the district in which it is located and other applicable ordinances, except to the extent such regulations have been modified through the planning development process or the grant of a variation : They will be required to be licensed and monitored through the Health Department which is included as standard language of code and regulation compliance in the final ordinance, so the standard is met. WHEREAS, after making its findings as set forth herein, the LUC recommended approval of the requested Special Uses pursuant to Sections 6-3-5-7 and 6-3-5-10 of the Zoning Ordinance by a vote of nine (9) “yes” votes and zero (0) “no” Page 3 of 8 Doc ID: 0ec92f5e896b1e2235c0e414977f75aa09d09e3a 75-O-23 ~4~ votes to the Planning and Development Committee (“P & D Committee”) of the City Council; and WHEREAS, on August 28, 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 of the Land use Commission, and recommended approval thereof by the City Council; and WHEREAS, at its meetings on August 28, 2023 and September 11, 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-0028 for a Convenience Store and Type 2 Restaurant in the B1 Business District. Page 4 of 8 Doc ID: 0ec92f5e896b1e2235c0e414977f75aa09d09e3a 75-O-23 ~5~ 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 Convenience Store and Type 2 Restaurant requested under zoning case no. 23ZMJV-0028, 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. Hours of operation shall not exceed 7 am – 11 pm, 7 days a week, at both businesses. 2. Entry to both businesses shall remain open/unlocked during regular business hours and shall not use buzzer entry. 3. The outdoor cooking of food is strictly prohibited, whether for customers or employees. 4. Use of the public sidewalk and right-of-way area for unlicensed block parties, events, and loitering is prohibited. 5. Sustainability measures are required including recycling for employees and customers and use of recyclable or compostable to-go containers. 6. A food truck shall not operate in relation to either business without an approved license from the Health Department. 7. No food truck that is related to either business shall park in violation of City Ordinances, including being prohibited from parking on residential streets, within 100 feet of another restaurant, or on streets where commercial vehicle parking is prohibited. 8. One dumpster is required for refuse rather than two, due to the limited space behind the building. The dumpster shall not overflow. A separate dumpster shall exist for the residential use at the property. 9. Re-review of the special use approval by staff may occur after six months of operation, at which time conditions may be reevaluated, reduced, or expanded. 10. Windows must remain clear and not blocked by shelves or unapproved signage. 11. Reflective coverings are not allowed on any windows or doors. 12. The convenience store shall not handle or sell unpackaged food. 13. The special uses may be deemed invalid if any of the following issues occur: recurrence of any previous Health Code violation cited at the property, substantial verified violations of the Property Maintenance Code Page 5 of 8 Doc ID: 0ec92f5e896b1e2235c0e414977f75aa09d09e3a 75-O-23 ~6~ occur, substantial policy activity occurs at the property, if the property is deemed a nuisance premises under the Evanston City Code, and/or if conditions of this special use ordinance are not adhered to. 14. Substantial compliance with the documents and testimony on record is required. 15. Recordation of the special use ordinance with the Cook County Recorder of Deeds is required prior to operation. 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. 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. Page 6 of 8 Doc ID: 0ec92f5e896b1e2235c0e414977f75aa09d09e3a 75-O-23 ~7~ Introduced: _________________, 2023 Adopted: ___________________, 2023 Approved: __________________________, 2023 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: ______________________________ Alexandra B. Ruggie, Interim Corporation Counsel August 28 September 11 Page 7 of 8 Doc ID: 0ec92f5e896b1e2235c0e414977f75aa09d09e3a September 13 75-O-23 ~8~ EXHIBIT A LEGAL DESCRIPTION LOT 9 IN BLOCK 1 OF GOLEE’S RESUBDIVISION OF BLOCKS 4,5, AND 8 IN CHASE AND PITNER’S ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 24, AND THE SOUTH ½ OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ (EXCEPT THE NORTH 71 ½ FEET THEREOF) IN SECTION 13, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 10-24-200-007-0000 Commonly Known As: 1806-1808 Dempster Street, Evanston, Illinois Page 8 of 8 Doc ID: 0ec92f5e896b1e2235c0e414977f75aa09d09e3a