ORDINANCE NO. M-10-2021

AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE OPERATION OF A NAIL SALON WITHIN THE C-2 COMMERCIAL OVERLAY DISTRICT OF THE VILLAGE

(548 Lincoln Avenue)

   WHEREAS, Strong Nail City, Inc., an Illinois corporation ("Applicant"), is the prospective lessee of the property commonly known as 548 Lincoln Avenue, Winnetka, Illinois, and legally described in Exhibit A attached to and, by this reference, made a part of this Ordinance (“Subject Property”); and

   WHEREAS, 544-550 Lincoln Avenue, LLC, an Illinois limited liability company (“Owner”), is the record title owner of the Subject Property; and

   WHEREAS, the Subject Property is located within the C-2 General Retail Commercial District and the C-2 Commercial Overlay District of the Village (collectively, "C-2 Commercial Overlay District"); and

   WHEREAS, the Applicant desires to operate a nail salon on the Subject Property; and

   WHEREAS, pursuant to Section 17.44.020 and the table of uses set forth in Section 17.46.010 of Zoning Ordinance ("Zoning Ordinance"), the operation of a nail salon is not permitted within the C-2 Commercial Overlay District without a special use permit; and

   WHEREAS, on April 13, 2021, the Applicant filed an application for a special use permit pursuant to Section 17.44.020.B and Chapter 17.56 of the Zoning Ordinance to allow the operation of a nail salon at the Subject Property ("Special Use Permit"); and

   WHEREAS, the Owner of the Subject Property has consented to the application for the Special Use Permit filed by the Applicant; and

   WHEREAS, on May 5, 2021, after due notice thereof, the Plan Commission conducted a public hearing on the proposed Special Use Permit and, by a vote of seven in favor and zero opposed, recommended that the Village Council approve the Special Use Permit; and

   WHEREAS, the Village Council has determined that approval of the proposed Special Use Permit for the operation of a nail salon at the Subject Property satisfies the standards for the approval of special use permits within the C-2 Commercial Overlay District set forth in Chapter 17.56 and Section 17.44.020.B of the Zoning Ordinance and is in the best interest of the Village and its residents;

   NOW, THEREFORE, the Council of the Village of Winnetka do ordain as follows:

   SECTION 1:   RECITALS. The foregoing recitals are hereby incorporated into this Section 1 as the findings of the Council of the Village of Winnetka, as if fully set forth herein.

   SECTION 2:   SPECIAL USE PERMIT. Subject to, and contingent upon, the terms and conditions set forth in Section 3 of this Ordinance, the Special Use Permit is hereby granted, pursuant to Chapter 17.56 and Section 17.44.020.B of the Zoning Ordinance and the home rule powers of the Village, to allow the establishment and operation of a nail salon by the Applicant at the Subject Property within the C-2 Commercial Overlay District.

   SECTION 3:   CONDITIONS. The Special Use Permit granted by Section 2 of this Ordinance is subject to, and contingent upon, compliance by the Applicant with the following conditions:

   A.   Compliance with Regulations. The development, use, and maintenance of the Subject Property must comply at all times with all applicable Village codes and ordinances, as they have been or may be amended over time.

   B.   Reimbursement of Village Costs. In addition to any other costs, payments, fees, charges, contributions, or dedications required under applicable Village codes, ordinances, resolutions, rules, or regulations, the Applicant must pay to the Village, promptly upon presentation of a written demand or demands therefor, of all fees, costs, and expenses incurred or accrued in connection with the review, negotiation, preparation, consideration, and review of this Ordinance. Payment of all such fees, costs, and expenses for which demand has been made shall be made by a certified or cashier's check. Further, the Applicant must pay upon demand all costs incurred by the Village for publications and recordings required in connection with the aforesaid matters.

   C.   Compliance with Plans. The development, use, and maintenance of the nail salon at the Subject Property must be in general accordance with the Floor Plan submitted by the Applicant, consisting of one sheet, a copy of which is attached to and, by this reference, made a part of this Ordinance as Exhibit B (“Floor Plan”), except for minor changes and site work approved by the Director of Community Development (within his permitting authority) in accordance with all applicable Village codes, ordinances, and standards.

   SECTION 4:   RECORDATION; BINDING EFFECT. A copy of this Ordinance shall be recorded with the Cook County Clerk’s Recordings Division. This Ordinance and the privileges, obligations, and provisions contained herein inure solely to the benefit of, and are binding upon, the Applicant, the Owner, and each of their heirs, representatives, successors, and assigns.

   SECTION 5:   FAILURE TO COMPLY. Upon the failure or refusal of the Applicant or the Owner to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, in addition to all other remedies available to the Village, the Special Use Permit granted in Section 2 of this Ordinance will, at the sole discretion of the Village Council, by ordinance duly adopted, be revoked and become null and void; provided, however, that the Village Council may not so revoke the Special Use Permit granted in Section 2 of this Ordinance unless it first provides the Applicant with two months advance written notice of the reasons for revocation and an opportunity to be heard at a regular meeting of the Village Council. In the event of revocation, the development and use of the Subject Property will be governed solely by the regulations of the applicable zoning district and the applicable provisions of the Zoning Ordinance, as the same may be amended from time to time. Further, in the event of such revocation, the Village Manager and Village Attorney are hereby authorized and directed to bring such zoning enforcement action as may be appropriate under the circumstances.

   SECTION 6:   AMENDMENT OF SPECIAL USE PERMIT. Any amendments to the Special Use Permit granted in Section 2 of this Ordinance that may be requested by the Applicant after the effective date of this Ordinance may be granted only pursuant to the procedures, and subject to the standards and limitations, provided in the Zoning Ordinance.

   SECTION 7:   EFFECTIVE DATE.

   A.   This Ordinance will be effective only upon the occurrence of all of the following events:

      1.   Passage by the Village Council in the manner required by law;

      2.   Publication in pamphlet form in the manner required by law; and

      3.   The filing by the Applicant and the Owner with the Village Clerk of an Unconditional Agreement and Consent in the form of Exhibit C attached to and, by this reference, made a part of this Ordinance, to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance and to indemnify the Village for any claims that may arise in connection with the approval of this Ordinance.

   B.   In the event that the Applicant and Owner do not file with the Village Clerk a fully executed copy of the unconditional agreement and consent described in Section 7.A.3 of this Ordinance within 60 days after the date of passage of this Ordinance by the Village Council, the Village Council shall have the right, in its sole discretion, to declare this Ordinance null and void and of no force or effect.

PASSED this 18th day of May, 2021 pursuant to the following roll call vote:

AYES:      Trustees Apatoff, Cripe, Dearborn, Lanphier, Mancini, and Swierk       

NAYS:   None                               

ABSENT:   None                               

APPROVED this 18th day of May, 2021.

      Signed:

      s/Chris Rintz   

      Village President

Countersigned:

s/Robert M. Bahan   

Village Clerk

      Published by authority of the President and Board of Trustees of the Village of Winnetka, Illinois, this 20th day of May, 2021.

Introduced: Waived

Passed and Approved: May 18, 2021

EXHIBIT A

LEGAL DESCRIPTION OF SUBJECT PROPERTY

Commonly known as 544-550 Lincoln Avenue, Winnetka, Illinois.

PIN: 05-20-203-027-0000

EXHIBIT B

FLOOR PLAN

EXHIBIT C

UNCONDITIONAL AGREEMENT AND CONSENT

TO: The Village of Winnetka, Illinois ("Village"):

   WHEREAS, Strong Nail City, Inc., an Illinois corporation ("Applicant"), desires to operate a nail salon located at 548 Lincoln Avenue in the Village (“Subject Property”); and

   WHEREAS, pursuant to Section 17.44.020 and the table of uses set forth in Section 17.46.010 of Zoning Ordinance ("Zoning Ordinance"), the operation of a nail salon is not permitted within the C-2 Commercial Overlay District without a special use permit; and

   WHEREAS, 544-550 Lincoln Avenue, LLC, an Illinois limited liability company (“Owner”), is the record title owner of the Subject Property and consents to the operation of a nail salon by the Applicant at the Subject Property; and

   WHEREAS, Ordinance No. M-10-2021, adopted by the Village Council on May 18, 2021 ("Ordinance"), grants a special use permit to the Applicant for the operation of a nail salon at the Subject Property within the C-2 Commercial Overlay District of the Village; and

   WHEREAS, Section 7 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Applicant and the Owner have filed, within 60 days following the passage of the Ordinance, their unconditional agreement and consent to accept and abide by each and all of the terms, conditions, and limitations set forth in the Ordinance;

   NOW, THEREFORE, the Applicant and the Owner do hereby agree and covenant as follows:

   1.   The Applicant and the Owner do hereby unconditionally agree to accept, consent to, and abide by each and all of the terms, conditions, limitations, restrictions, and provisions of the Ordinance.

   2.   The Applicant and the Owner acknowledge that public notices and hearings have been properly given and held with respect to the adoption of the Ordinance, have considered the possibility of the revocation provided for in the Ordinance, and agree not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right.

   3.   The Applicant and the Owner acknowledge and agree that the Village is not and will not be, in any way, liable for any damages or injuries that may be sustained as a result of the Village's grant of a special use permit for the Subject Property or its adoption of the Ordinance, and that the Village's approvals do not, and will not, in any way, be deemed to insure the Applicant or the Owner against damage or injury of any kind and at any time.

   4.   The Applicant and the Owner do hereby agree to hold harmless and indemnify the Village, the Village's corporate authorities, and all Village elected and appointed officials, officers, employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be asserted against any of such parties in connection with the Village's adoption of the Ordinance granting the special use permit for the Subject Property.

   5.   The Applicant and the Owner hereby agree to pay all expenses incurred by the Village in defending itself with regard to any and all of the claims mentioned in this Unconditional Agreement and Consent. These expenses will include all out-of-pocket expenses, such as attorneys' and experts' fees, and will also include the reasonable value of any services rendered by any employees of the Village.

Dated:	, 2021
ATTEST:		strong nail city, inc.
By:		By:
		Name: Tracy Ho   Its:
ATTEST:		544-550 lincoln avenue, llc
By:		By:        Its: