HomeMy WebLinkAboutORDINANCES-2014-131-O-1410/13/2014
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AN ORDINANCE
Granting a Special Use Permit for a Type 2 Restaurant Located at 600
Davis Street in the D2 Downtown Retail Core District ("Patisserie
Coralie")
WHEREAS, the Zoning Board of Appeals ("ZBA") met on,October 7, 2014,
pursuant to proper notice, to consider case no. 14ZMJV-0123, an application filed by
Pascal Berthomieux, lessee of the property legally described in Exhibit A, attached
hereto and incorporated herein by reference, commonly known as 600 Davis Street (the
"Subject Property") and located in the D2 Downtown Retail Core District, for a Special
Use Permit to establish, pursuant to Subsection 6-11-3-4 of the Evanston City Code,
2012, as amended ("the Zoning Ordinance"), a Type 2 Restaurant, "Patisserie Coralie,"
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-0123; and
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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-
0123.
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.
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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 not park on the street.
E. Deliveries: Deliveries 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.
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Introduced: Q CPNVO2Jf M , 2014
Adopted: Q5L%r er 9�-j , 2014
Attest:
Approved:
Chi k0 l� 2Cq , 2014
�1
Eli eth B. Tisdahl, Mayor
Approved as to form:
Roiey Gree , City Clerk W. Gran Farrar, Corp ration Counsel
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EXHIBIT A
LEGAL DESCRIPTION
THE WEST 21.5 FEET OF LOT 6 AND ALL OF LOT 7 IN COSGROVE'S SUBDIVISION OF LOTS 1 AND
2 IN BLOCK 27 IN THE ORIGINAL VILLAGE "NOW CITY" OF EVANSTON, IN SECTION 18,
TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE 3RD PRINCIPAL MERIDIAN, IN COOK COUNTY,
ILLINOIS.
PIN: 11-18-312-006-000 0
COMMONLY KNOWN As: 600 Davis Street, Evanston, Illinois.
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