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Home My WebLink AboutORDINANCES-2014-130-O-1410/13/2014 130-0-14 AN ORDINANCE Granting a Special Use Permit for a Type 2 Restaurant Located at 1814 Central Street in the B1 a Business District and the oCSC Central Street Overlay District ("Beth's Little Bake Shop") WHEREAS, the Zoning Board of Appeals ("ZBA") met on October 7, 2014, pursuant to proper notice, to consider case no. 14ZMJV-0115, an application filed by Beth Welch, business owner of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 1814 Central Street (the "Subject Property") and located in the B1a Business District and the oCSC Central Street Overlay District, for a Special Use Permit to establish, pursuant to Subsection 6-9- 5-3 of the Evanston City Code, 2012, as amended ("the Zoning Ordinance"), a Type 2 Restaurant, "Beth's Little Bake Shop," 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 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 October 27, 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 approve the application in case no. 14ZMJV-0115; and 130-0-14 WHEREAS, at its meetings of October 27, 2014 and November 10, 2014, 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 on the Subject Property as applied for in case no. 14ZMJV- 0115. 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 6-3-10-6 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 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. 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. -2- 130-0-14 C. Hours of Operation: The Applicant shall operate the Type 2 Restaurant authorized by this ordinance only between the hours of 6:00 a.m. and 12:00 midnight on any given day. D. Employee Parking: Employees shall use non -metered parking to the extent possible. E. Deliveries: Deliveries occurring via Poplar Avenue shall not be scheduled during hours of highest traffic congestion in the vicinity. F. 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- 130-0-14 Introduced: `V-��XVS 'A1 , 2014 Approved: Adopted: ��-��aQ,�- �� , 2014 VC�� ►� 2014 Eli4aieth B. Tisdahl, Mayor Attest: Approved as to form: Rodney Gre , City Cleric W. Gra t arrar, Corporation Counsel -4- 130-0-14 EXHIBIT A LEGAL DESCRIPTION PARCEL 1: THE NORTH 75 FEET OF LOT 1 (EXCEPT THE EAST 24 FEET AND THE NORTH 7 FEET THEREOF) IN BLOCK 9 IN NORTH EVANSTON, IN SECTION 12, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE 3RD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS: AND PARCEL 2: THE SOUTH 73 FEET OF LOT 1 IN BLOCK 9 IN NORTH EVANSTON SUBDIVISION OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE 3RD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 10-12-201-001-0000 COMMONLY KNOWN As: 1814 Central Street, Evanston, Illinois. —5—