HomeMy WebLinkAboutORDINANCES-2018-144-O-1811 /5/2018
144-0-18
AN ORDINANCE
Granting a Special Use Permit for a Type 2 Restaurant and a Drive -
Through Facility Located at 1919 Dempster Street in the C2
Commercial District ("McDonald's")
WHEREAS, the Zoning Board of Appeals ("ZBA") met on September 25,
2018 and October 16, 2018, pursuant to proper notice, to consider case no. 18ZMJV-
0080, an application filed by James E. Olguin (the "Applicant"), attorney for the property
legally described in Exhibit A, attached hereto and incorporated herein by reference,
commonly known as 1919 Dempster Street (the "Subject Property") and located in the C2
Commercial District, for a Special Use Permit to establish, pursuant to Subsection 640-
4-3 of the Evanston City Code, 2012, as amended ("the Zoning Ordinance"), a Type 2
Restaurant with a Drive -Through Facility, "McDonald's," on the Subject Property; and
WHEREAS, the Applicant specifically requests a special use permit to
include an addition of a ninety-one (91) square foot building addition for a new drive -
through window and a second ordering lane for a dual drive -through facility; and
WHEREAS, the ZBA, after hearing testimony and receiving other evidence,
made a written record and written findings that the application for a Special Use Permit for
a Type 2 Restaurant and a Drive -Through Facility met the standards for Special Uses in
Section 6-3-5 of the Zoning Ordinance and recommended City Council approval thereof;
and
WHEREAS, at its meeting of November 12, 2018, the Planning and
Development Committee of the City Council ("P&D Committee") considered the ZBA's
144-0-18
record and findings and recommended the City Council accept the ZBA's
recommendation and approve the application in case no. 18ZMJV-0080; and
WHEREAS, at its meetings of November 12, 2018 and November 26,
2018, the City Council considered and adopted the respective records, findings, and
recommendations of the ZBA and P&D Committee, as amended,
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: The City Council hereby approves the Special Use Permit
for a Type 2 Restaurant with a Drive -Through Facility on the Subject Property as
applied for in case no. 18ZMJV-0080.
SECTION 3: Pursuant to Subsection 6-9-5-3 of the Zoning Ordinance, the
City Council hereby imposes the following conditions on the Applicant's Special Use
Permit, violation of any of which shall constitute grounds for penalties or revocation of
said Permit pursuant to Subsections 6-3-5 of the Zoning Ordinance:
A. Compliance with Applicable Requirements: The Applicant shall develop and
use the Subject Property in substantial compliance with: all applicable legislation;
the Applicant's testimony and representations to the ZBA, the P&D Committee,
and the City Council; and the approved plans including the site plan attached as
Exhibit B and documents on file in this case, including but not limited to: the
Sustainability Practices for Type 2 Restaurants submitted by the Applicant.
B. Hours of Operation: The City Council shall use the information provided by
staff and the Applicant regarding police incidents and percentage of sales
conducted between midnight and 5:00 A.M. to determine if a reduction of hours
of operation is necessary.
—2—
144-0-18
C. Signage: Additional signage is required at all ingress and egress locations on
the Subject Property to alert customers to the Dodge Avenue entrance and exit,
and to alert customers to the one way in and one way out on Dempster Street.
D. Parking: All ADA parking shall be accessible from all vehicular entrances and
must be added in the parking area west of the building on the Subject Property.
Short term parking for customers awaiting orders shall be located in the parking
area west of the building on the Subject Property.
E. Recordation: Before it may operate the Special Use authorized by the terms of
this ordinance, the Applicant shall record, at its cost, a certified copy of this
ordinance with the Cook County Recorder of Deeds.
SECTION 4: When necessary to effectuate the terms, conditions, and
purposes of this ordinance, "Applicant" shall be read as "Applicant's agents, assigns,
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.
-3-
144-0-18
Introduced: Mov,--Y-,\'b" 12 , 2018 Approved:
Adopted: NSovevY-,beV- � a , 2018 / v0 ✓eo� .2 , 2018
Stephen H. Hage V.J4V J
Attest:
Devon Reid, City Clerk
Approved as to form:
%cA�
Michelle L. Masoncup, C4poration
Counsel
-4-
144-0-18
EXHIBIT A
LEGAL DESCRIPTION
LOT 1 IN MCDONALD'S CONSOLIDATION, BEING A SUBDIVISION OF PART OF
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13,
TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED JUNE 29, 1988 AS DOCUMENT
NUMBER 88285076, IN COOK COUNTY, ILLINOIS.
PIN: 10-13-322-043-0000
COMMONLY KNOWN As: 1919 Dempster Street, Evanston, Illinois.
-5-
144-0-18
EXHIBIT B
SITE PLAN
7I
RH.eG2 OOeNN Ilar PaE� \ ,,
r
r-�
NI
Cm6580
1 w
f ' � I u1EPnaAt 1
1
� I
of
0
of
Y
'Paw aro"mO1MO�� DEMPSTER STREET
1. MESE A tC ME eASEO w ME BWSHARY AND
PxIH SWREY
(WRWY PPO.ECE /RS-1]885-15 HATEC 0)/O9/15)
Pw AN BY: p` AND AsSOOAIEs, INC.
AT
5w E. CNARlES PUCE IwBARH. II11xa5 6HIa8
35o E
1.
PRIOR 816-fi262
2. TO w TO ME
ANDw, C
OES MEEN TECT Y NAT
ME N NIaSEW AND M.0V TH N)b r MAT AIEY
ARE W ATIO mw ME POST wlmExr SET Q" PIASS M.
sxpFlanws
ON WE PARKING DATA
PYHPOSm K.— SPACES as
:
PR AHA A— �.P<
PRHPOSFD TOTAL SPACES m
EN— PARgNG . CI
SITE DATA
— AREA AO'm R.F. (H.Ga AC.)
uF
s
1. P Wm IMPRORFLFWIB APE AND
NN M
PEnPEr10- ro ME ME . PSOPERTv IME
2. ALL RADIUS CMRALwS ARE ro RAP( OF wxa.
I. SEf ARCWIECMRAL PUSS Fat E%ACT BYIIHIRC OIYA19w5
pFypafBd Ppl:
a. ALL sMNxc TO HE
OETRIM. COATm a• YE11HWEMNPAWT
UHIES On1EWY15E SHAH.
RAMP ON
MAN: TH W A TAME
5. WHFAE PAI
MEANS
T
PARR RAYS ME FACT: MID RE S CURB ARE TH BE
PAwnD 119HG YE11HW, $LP REPAOIi.
r Z
8m O
� N f1J
HaMm Quo
oo
.
�CC)a3
O Qa
=c) Z a
�O
PrepaWd By:
s
Cw9�
a�
� gn
3-
m
ra
m m s
SITE PLAN 1 of 1
LC 812-0362