HomeMy WebLinkAboutORDINANCES-2007-084-O-07• 9/24/2007
8/29/2007
84-0-07
AN ORDINANCE
Granting a Special Use for a
Type 2 Restaurant at 2428 Main Street
in the C1 Commercial District,
("Sarpino's Pizza")
WHEREAS, the Zoning Board of Appeals ("ZBA") met on August 7,
2007, pursuant to proper notice, in case no. ZBA 07-26-SU (R), to consider an
application by Ivan Marinov, lessee (the "Applicant"), with permission from Kap-
Sum Properties, LLC, owner of the property located at 2428 Main Street (the
• "Subject Property"), located in the C1 Commercial District, for a special use to
establish a Type 2 Restaurant, "Sarpino's Pizza", within the existing Main Street
Marketplace shopping center, pursuant to Section 6-10-2-3 of the Zoning
Ordinance; and
WHEREAS, the ZBA, after hearing testimony and receiving other
evidence, made a verbatim record and written findings that the application for a
special use 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, the Planning and Development Committee of the City
Council considered, amended, and adopted the ZBA's record, findings, and
recommendation, as amended, at its September 10, 2007 meeting and
recommended City Council approval thereof; and
WHEREAS, the City Council considered and adopted the •
respective records, findings, and recommendations of the ZBA, as amended, and
the Planning and Development Committee at its September 24, 2007 meeting,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
a part hereof.
SECTION 1: The foregoing recitals are found as fact and made
SECTION 2: That the City Council hereby adopts the respective
records, findings, and recommendations of the ZBA, as amended, and the
Planning and Development Committee, and hereby approves the special use for
a Type 2 Restaurant applied for in case no. ZBA 07-26-SU (R) on the Subject
Property, legally described in Exhibit A, attached hereto and made a part hereof, •
and commonly known as 2428 Main Street.
SECTION 3: That, pursuant to Section 6-3-5-12 of the Zoning
Ordinance, which provides that the City Council may impose conditions on the
grant of a special use, the City Council hereby imposes the following conditions:
A. Compliance with Applicable Requirements: The Applicant shall
develop and use the Subject Property in substantial compliance with all
applicable legislation, the testimony and representations of the Applicant
to the ZBA, the Planning and Development Committee, and the City
Council, and with the approved plans and documents on file in this case.
B. Special Use Exclusive to the Site:
The special use granted hereby shall allow for the operation of a Type 2
Restaurant only on the portion illustrated in the Site Plan, attached hereto
and made a part hereof as Exhibit B, of the property commonly known as
2400 Main Street, and with the particular address of 2428 Main Street.
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C. Litter Collection Plan:
• 1) The Applicant shall implement and adhere to a Litter Collection
Plan requiring the policing of an area located within a two hundred
fifty -foot (250') radius of the building in which the use is located.
This area shall be policed once every three (3) hours during the
hours the use is in operation and shall be kept free of all litter,
including, but not limited to, food, beverages, napkins, straws,
containers, bags, utensils, plates, cups, bottles, cans, and all other
litter of any type emanating from any source. The operator of the
Type 2 Restaurant shall comply with the Plan. This Ordinance shall
prevail over any inconsistent or contrary provisions in the Plan.
2) For the purpose of this Ordinance, "litter" shall include, but is not
limited to: putrescible animal and vegetable waste resulting from
the handling, preparation, cooking, and consumption of food; other
putrescible waste, including animal waste, dead animals, yard
clippings and leaves; nonputrescible solid waste, including rubbish,
ashes, street cleanings, abandoned automobiles, solid business,
commercial, and industrial wastes, paper, wrappings, cigarettes,
cardboard, tin cans, glass, crockery and similar materials; and all
other waste materials which, if thrown or deposited as herein
• prohibited, may create a danger to public health, safety, or welfare.
D. Litter Pick -Up Plan:
1) The Applicant, the owner of the Subject Property, and/or the
operator of the Type 2 Restaurant shall provide and maintain on the
Subject Property exterior litter receptacles, in sufficient number and
type adequate, in the City's judgment, and with collections there
from of sufficient frequency, also in the City's judgment, to contain,
with lids tightly shut, all litter emanating from operation of the use.
Litter shall be collected a minimum of three (3) times per week,
including collections on Sundays to the extent 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.
2) Within seven (7) days of written notice from the City to do so, the
Applicant, the owner of the Subject Property, and/or the operator of
• the Type 2 Restaurant shall increase or otherwise modify the
number of litter receptacles and/or the number of collections from
each, in accordance with the City's directive.
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SECTION 3:
E. Hours of Operation: The Applicant shall not accept orders for carry -out •
food and/or beverages after 11:00 p.m. on any night. Every night, the
Applicant must deactivate any illuminated signage on the premises at
11:00 p.m. until the restaurant re -opens the next morning. The Applicant
may provide delivery service until 2:00 a.m. Six (6) months after the
effective date of this Ordinance, the Applicant may directly appeal to the
City Council, through the Planning and Development Committee, for an
amendment to this condition to allow for later nightly hours of operation,
specifically to allow carry -out orders and illuminated signage until 12:00
midnight, and to provide delivery service until 3:00 a.m.
SECTION 4: When necessary to effectuate the terms, conditions,
and purposes of this Ordinance, "Applicant" shall read as "Applicant's agents,
assigns, and successors in interest."
SECTION 5: 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 6: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 7: That this Ordinance shall be in full force and effect
from and after its passage, approval, and publication in the manner
provided by law.
•
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Introduced:,
Adopted: L�
Attest:
Maury MWis,ityrk
•
•
, 2007 Approved:
a
2007 r , 2007
Lorraine H. Mortcn, Mayor
Approved as to form: ,
Herb rt D. Hill
First Assistant Corporation Counsel
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EXHIBIT A •
LEGAL DESCRIPTION
LOT 1 OF EVANSTON MAIN STREET COMMONS RESUBDVISION, BEING A RESUBSIVISION OF
PARTS OF LOTS 2 AND 3 OF MAIN STREET COMMONS SUBDIVISION AND PART OF LOT 2 OF
GENERAL DYNAMICS-EVANSTON INDUSTRIAL PARK IN THE SOUTHWEST QUARTER OF
SECTION 24, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN,
IN COOK COUNTY, ILLINOIS.
LOT 2 OF EVANSTON MAIN STREET COMMONS RESUBDVISION, BEING A RESUBSIVISION OF
PARTS OF LOTS 2 AND 3 OF MAIN STREET COMMONS SUBDIVISION AND PART OF LOT 2 OF
GENERAL DYNAMICS-EVANSTON INDUSTRIAL PARK IN THE SOUTHWEST QUARTER OF
SECTION 24, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN,
IN COOK COUNTY, ILLINOIS.
LOT 3 OF EVANSTON MAIN STREET COMMONS RESUBDVISION, BEING A RESUBSIVISION OF
PARTS OF LOTS 2 AND 3 OF MAIN STREET COMMONS SUBDIVISION AND PART OF LOT 2 OF
GENERAL DYNAMICS-EVANSTON INDUSTRIAL PARK IN THE SOUTHWEST QUARTER OF
SECTION 24, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN,
IN COOK COUNTY, ILLINOIS. •
PROPERTY IDENTIFICATION NUMBER: 10-24-300-026-0000
COMMONLY KNOWN AS: 2428 MAIN STREET.
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• EXHIBIT B
E
•
SITE PLAN
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