HomeMy WebLinkAboutORDINANCES-2014-048-O-143/25/2014
4/2/2014
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AN ORDINANCE
Granting a Special Use Permit for a Type 2 Restaurant
Located at 1901 Dempster Street in the
C2 Commercial Zoning District ("Starbucks")
WHEREAS, the Zoning Board of Appeals ("ZBA") met on March 18 and
April 1, 2014, pursuant to proper notice, to. consider case no. 14ZMJV-0009, an
application filed by the Starbucks Coffee Company, lessee of the property legally
described in Exhibit A, attached hereto and incorporated herein by reference, commonly
known as 1901 Dempster Street (the "Subject Property") and located in the C2
Commercial Retail Core Zoning District, for a Special Use Permit to establish, pursuant to
• Subsection 6-10-4-3 of Title 6 of the Evanston City Code, 2012, as amended ("the
Zoning Ordinance"), a Type 2 Restaurant, "Starbucks," and a Drive -Through Facility on
the Subject Property; 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 April 8, 2014, the Planning and Development
Committee of the City Council ("P&D Committee") considered the ZBA's record and
findings and recommended the City Council accept the ZBA's recommendation and
is approve the application in case no. 14ZMJV-0009; and
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WHEREAS, at its meeting of April 8, 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 and a Drive -Through Facility on the Subject Property as applied
for in case no. 14ZMJV-0009.
SECTION 3: Pursuant to Subsection 6-3-5-12 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 6-3-10-5 and 6-3-10-6of 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 and documents on file in this case.
B. Litter Collection Plan: The Applicant shall implement and adhere to a Litter
Collection Plan that requires the policing of an area located within a radius of two
hundred fifty feet (250') of the Subject Property to the extent that employees are
able to remain safe with regards to the vehicular traffic in the right of way. The
Applicant shall police this area at least once every three (3) hours during the
hours the Special Use is in operation and shall keep it free of all litter, from any
source. For the purpose of this ordinance, "litter" shall include, but is not limited
to: food, food waste, and beverages; solid waste, including paper, wrappings,
containers, cardboard, napkins, straws, utensils, plates, cans, glass, crockery,
cigarette butts, ashes and similar materials; animal waste and dead animals;
yard clippings and leaves; and all other waste materials which, if thrown or
deposited as herein prohibited, may create a danger to public health, safety,
or welfare. •
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C. Litter Pick -Up Plan: The Applicant and/or the owner of the Subject Property
shall provide and maintain, on the Subject Property, exterior litter receptacles, in
sufficient number and type, and with collections therefrom of sufficient number
and frequency, in the City's judgment, to contain, with lids tightly shut, all litter
emanating from operation of the Special Use authorized hereby. Litter shall be
collected no less than three (3) times per week, including collections on Sundays
as necessary, in the City's judgment, to comply with this condition. All litter
receptacles shall be maintained in a clean condition with tight -fitting lids, and
shall be placed on Code -compliant surfaces. The owner of the Subject Property
shall provide adequate space at the rear of and on the Subject Property to
accommodate the litter receptacles and collections required. Within seven (7)
days of written notice from the City to do so, the Applicant and/or the owner of
the Subject Property shall modify the number of litter receptacles and/or the
number of collections therefrom, as directed by the City.
D. Flours of Operation: The Applicant shall not operate the- Type 2 Restaurant
authorized by this ordinance between midnight and 5:00 a.m. on any day.
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
0 application of this ordinance is severable.
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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:
Adopted:
, 2014. Approved:
, 2014 f1 ` k 0)
, 2014
Eliz IYeth B. Tisdahl, Mayor
Attest: Approved as to form:
Rodney G ene, City Clerk 111f:-'3iai1l Fa,-161
ME
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EXHIBIT A
LEGAL DESCRIPTION
A TRACT OF LAND IN THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 13,
TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN,
LYING EAST OF THE EASTERLY RIGHT-OF-WAY LINE OF THE CHICAGO AND
NORTHWESTERN RAILWAY (FORMERLY THE CHICAGO JUNCTION RAILWAY),
BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION
OF THE NORTH LINE OF DEMPSTER STREET (BEING 33.00 FEET NORTH OF THE
SOUTH LINE OF SAID SECTION 13), AND THE WEST LINE OF DODGE AVENUE
(BEING 33.00 FEET WEST OF THE EAST LINE OF THE SAID SOUTHWEST 1/4 OF
SECTION 13); THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST
ALONG THE WEST LINE OF DODGE AVENUE (BEING ALSO 33.00 FEET WEST OF
AND PARALLEL WITH THE EAST LINE OF SAID SOUTHWEST 1/4 OF SECTION 13),
A DISTANCE OF 135.00 FEET; THENCE SOUTH 87 DEGREES 42 MINUTES 20
SECONDS WEST ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID
SECTION 13, A DISTANCE OF 150.00 FEET; THENCE SOUTH 00 DEGREES 00
MINUTES 00 SECONDS WEST, A DISTANCE OF 135.00 FEET TO A POINT ON THE
• NORTH LINE OF SAID DEMPSTER STREET; THENCE NORTH_ 87 DEGREES 42
MINUTES 20 SECONDS EAST ALONG THE NORTH LINE OF SAID DEMPSTER
STREET (BEING ALSO 33.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH
LINE OF SAID SECTION 13), A DISTANCE OF 150.00 FEET TO THE POINT OF
BEGINNING AND EXCEPTING THEREFROM THE FOLLOWING TRACT OF LAND
DEED TO THE CITY OF EVANSTON BY DOCUMENT RECORDED MAY 13, 1987 AS
DOCUMENT NUMBER 87259420: COMMENCING AT THE NORTHWEST CORNER
OF DEMPSTER STREET AND DODGE AVENUE IN THE CITY OF EVANSTON,
WHICH POINT IS 33.00 FEET NORTH OF THE SOUTH LINE AND 33.00 FEET WEST
OF THE EAST LINE OF SAID SOUTHWEST 1/4, THENCE WEST ON THE NORTH
LINE OF DEMPSTER STREET, A DISTANCE OF 7.00 FEET, THENCE
NORTHEASTERLY A DISTANCE OF 10.09 FEET TO A POINT ON THE WEST LINE OF
DODGE AVENUE, 7.00 FEET NORTH OF THE NORTH LINE OF DEMPSTER STREET,
AS MEASURED ON THE WEST LINE OF DODGE AVENUE, THENCE SOUTH 7.0
FEET TO THE PLACE OF BEGINNING, ALL IN THE CITY OF EVANSTON, COUNTY
OF COOLS, STATE OF ILLINOIS.
00
PIN: 10-13-322-027-0000
COMMONLY KNOWN As: 1901 Dempster Avenue, Evanston, Illinois.
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