HomeMy WebLinkAboutORDINANCES-2006-018-O-06r
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2/6/2006
18-0-06
AN ORDINANCE
Granting a Special Use for a
Type 2 Restaurant at 1968 Dempster Street
In a C1 Commercial District
(Panino's Cafe $ Bar)
WHEREAS, the Zoning Board Appeals ("ZBA") met on January 17, 2006
pursuant to proper notice in case number ZBA 05-55-SU(R) to consider an application
for a special use to operate a Type 2 Restaurant pursuant to Section 6-10-2-3 of the
Zoning Ordinance filed by Leonardo Rago, lessee, with written permission from Mark J.
Snider, property manager of Evanston Plaza, LLC, property owner of the subject
property, 1968 Dempster Street, located in a C1 Commercial District; 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 and adopted the ZBA's record, findings, and recommendation at its
February 13, 2006 meeting and recommended City Council approval thereof; and
WHEREAS, the City Council considered and adopted the respective
records, findings, and recommendations of the ZBA and the Planning and Development
• Committee at its February 13, 2006 and February 27, 2006 meetings,
18-0-06
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 and the Planning and Development
Committee, and hereby approves the special use applied for in case number
ZBA 05-55-SU(R) on property legally described in Exhibit A, attached hereto and made
a part hereof.
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 following conditions are hereby imposed, and when necessary to effectuate
said conditions and limitations, "applicant" shall be read as "owner" or "operator" or
"applicant's successors in interest":
A. Compliance with Applicable Requirements: Development and use of the
subject property shall be in substantial compliance with all applicable legislation, with
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. Litter Collection:
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 Litter Collection
-2-
• 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, bedding,
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.
C. Litter Pick -Up Plan:
1) The owner of the subject property, the operator, and/or applicant 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 therefrom of sufficient frequency, also in the City's judgment, to contain, with
lids tightly shut, all litter emanating from operation of the use, and all litter collected
pursuant to the Litter Collection Plan. Collections shall be a minimum of three (3) times
a 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 number
of litter receptacles and/or the number of collections from each, shall be increased or
modified in accordance with the City's directive.
D. The applicant considers extending the sidewalk from the edge of the shopping
center north to connect with the sidewalk along Dempster Street.
E. The applicant shall submit a landscape maintenance plan to the Superintendent
of Parks and Forestry for review and approval. Following approval by the
Superintendent of Parks and Forestry, the applicant shall record the landscape
maintenance plan with the Cook County Recorder's Office. The City of Evanston shall
not issue a final Certificate of Occupancy until the applicant records the landscape
maintenance plan. The landscape maintenance plan shall cover any on -site
landscaping, including existing landscaping, landscaping required by the Site Plan and
Appearance Review Committee in conjunction with this project, and landscaping
• installed in the future. At a minimum, the landscape maintenance plan shall include a
schedule for watering and for the removal of litter, debris, or other garbage that collects
within the landscaping, regardless of the source. In addition, the applicant shall be
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• li
required to replace any dead, dying, or diseased landscape material within thirty (30)
days of notification by the City of Evanston, or the applicant may replace the landscape
material within the first thirty (30) days of the earliest available planting season, if the
original thirty (30) -day notification period is during a season inappropriate for the
installation of new plant material.
F. The applicant considers utilizing the existing covered area as an outdoor
seating area.
SECTION 4: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 5: That this ordinance shall be in full force and effect from and
after its passage, approval, and publication in the manner provided by law.
Introduced: 13 , 2006
Adopted: 2006
Appr ved: '2006
��Lo sine H. Morto , Mayor
Attest:
Mary P. Mc rn , Ci y Clerk
A�prc�ved as to for :
Ccrpo ation Counsel
0
• 1.
• EXHIBIT A
LEGAL DESCRIPTION FOR 1968 DEMPSTER STREET
PARCEL 1: LOT IN BANBURY THIRD CONSOLIDATION, RECORDED
MARCH 27, 1987 AS DOCUMENT 87162463 BEING A CONSOLIDATION -OF
PART OF LOT 1 IN BANBURY SECOND CONSOLIDATION AND PART OF LOT
"A" IN CALHOUN NORTON CONSOLIDATION. BOTH IN THE NORTHWEST 1/4
OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN COOK COUNTY, IL.
EXCEPTING THEREFROM THAT PART OF BANBURY THIRD
CONSOLIDATION RECORDED AS DOCUMENT NUMBER 87162463.
LEGALLY DESCRIBED AS FOLLOWS:
THAT PART OF LOTS 8, 9, 10, 11 AND 12 IN BLOCK 2 IN GROVER AND
PITNER'S ADDITION TO EVANSTON, A SUBDIVISION OF THE SOUTHWEST
1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 2,
TOWNSHIP 41 NORTH RANGE 13, EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT 12 AT ITS
• INTERSECTION WITH A LINE DRAWN 45.00 FEET NORTHWESTERLY OF
AND PARALLEL WITH THE CENTER LINE BETWEEN THE TWO MAIN
TRACKS (THE NORTHWESTERLY OF TWO MAIN TRACKS HAVING BEEN
REMOVED) OF THE CHICAGO AND NORTHWESTERN TRANSPORTATION
COMPANY. AS SAID CENTER LINE WAS ORIGINALLY LOCATED AND
ESTABLISHED; THENCE NORTHEASTERLY PARALLEL WITH SAID
ORIGINAL CENTER LINE A DISTANCE OF 241.64 FEET; THENCE
SOUTHEASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE: A
DISTANCE OF 5.00 FEET; THENCE SOUTHWESTERLY ALONG A LINE
DRAWN 40.00 FEET NORTHWESTERLY OF AND PARALLEL WITH THE
AFORESAID ORIGINAL CENTER LINE, A DISTANCE OF 239.38 FEET TO
THE POINT OF INTERSECTION WITH THE SOUTH LINE OF LOT 12
AFORESAID; THENCE WEST ALONG SAID SOUTH LINE, A DISTANCE OF
5.49 FEET, TO THE HEREINBEFORE DESCRIBED POINT OT BEGINNING IN
COOK COUNTY, ILLINOIS.
PARCEL 2: NON-EXCLUSIVE PERPETUAL UTILITY EASEMENT FOR THE
BENEFIT OF PART OF PARCEL 1 ON OVER, UNDER, THROUGH
AND ACROSS:
• THE WESTERLY 15.00 FEET, AS MEASURED AT RIGHT ANGLES TO THE
WEST LINE THEREOF, OF THE FOLLOWING DESCRIBED PROPERTY:
-5-
• 1-
THAT PART OF LOT 1, IN BANBURY CONSOLIDATION IN THE NORTHEAST •
1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 41 NORTH,
RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED MARCH 19, 1986 AS DOCUMENT
86107329, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHWESTERLY CORNER OF SAID LOT 1;
THENCE NORTH 87 DEGREES 29 MINUTES 24 SECONDS EAST ALONG THE
SOUTH LINE OF SAID LOT 1, A DISTANCE OF 32.93 FEET, TO THE POINT OF
BEGINNING; THENCE CONTINUING NORTH 87 DEGREES 29 MINUTES 24
SECONDS EAST ALONG SAID SOUTH LINE, A DISTANCE OF 71.36 FEET, TO
A CORNER OF LOT 1, BEING ALSO THE SOUTHWEST CORNER OF LOT "A"
IN CALHOUN NORTON CONSOLIDATION IN THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SAID SECTION 24, RECORDED MARCH 3, 1965, AS
DOCUMENT 19396701; THENCE NORTH 21 DEGREES 51 MINUTES 29
SECONDS EAST ALONG THE SOUTH LINE OF SAID LOT 1, BEING ALSO THE
WEST LINE OF SAID LOT "A" IN CALHOUN NORTON CONSOLIDATION, A
DISTANCE OF 326.30 FEET, TO A CORNER OF LOT 1; THENCE NORTH 87
DEGREES 29 MINUTES 24 SECONDS, EAST ALONG THE SOUTH LINE OF
SAID LOT 1, BEING ALSO THE WEST LINE OF SAID LOT "A" IN CALHOUN
NORTON CONSOLIDATION, A DISTANCE OF 16.47 FEET, TO A CORNER OF
LOT 1; THENCE NORTH 21 DEGREES 51 MINUTES 29 SECONDS, EAST
ALONG THE SOUTH LINE OF SAID LOT 1, BEING ALSO THE WEST LINE OF •
SAID LOT "A" IN CALHOUN NORTON CONSOLIDATION, A DISTANCE OF
34.53 FEET; THENCE SOUTH 87 DEGREES 29 MINUTES 24 SECONDS WEST
87.83 FEET; THENCE SOUTH 21 DEGREES 51 MINUTES 29 SECONDS, WEST
360.84 FEET TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
COMMONLY KNOWN AS: 1968 DEMPSTER STREET, EVANSTON, ILLINOIS
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