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HomeMy WebLinkAboutORDINANCES-2005-011-O-05• 2/4/2005 11-0-05 AN ORDINANCE Granting a Special Use for a Type 2 Restaurant at 1612 Benson Avenue WHEREAS, the Zoning Board Appeals ("ZBA") met on January 4, 2005 and January 18, 2005 pursuant to proper notice in case number ZBA 05-02-SU(R) to consider an application for a special use to operate a Type 2 Restaurant pursuant to Section 6-11-4-3 of the Zoning Ordinance filed by architect Mario Valentini, with written permission from the Chicago Transit • Authority, owner of the subject property at 1612 Benson Avenue in a D3 Downtown Core Development District; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a verbatim record and written findings that the application for the Type 2 Restaujont met the standards for special uses in Section 6-3-5 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 14, 2005 meeting and recommended City Council approval thereof; and WHEREAS, the City Council considered and adopted the 16 respective records, findings and recommendations of the ZBA and the Planning 11-0-05 and Development Committee at its February 14, 2005 and February 28, 2005 • meetings, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: part hereof. SECTION 1: The foregoing recitals are found as fact and made a 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 05-02-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. 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. 1) The applicant shall 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 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 -2- 11-0-05 • from any source. 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, Rreparation, 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. 1) , Exterior litter receptacles. shall be provided and maintained in sufficient number and type, and contain, with lids tightly shut, all litter emanating from operation of the use, and all litter collected pursuant to the litter collection plan. Litter collections must be monitored to assure that they are sufficient in number and scope to achieve and maintain compliance with applicable City Codes. Collections shall be a minimum of three (3) times a week, including collections on Sundays if the City determines that such are necessary to, achieve and maintain said City Code compliance. All litter receptacles shall be • maintained in a clean condition with tight -fitting lids, and shall be placed on Code -compliant surfaces. Adequate space shall be provided and maintained at the rear of and on the subject property to accommodate the required litter receptacles and collections. 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 shall cause implementation of, and adherence to, an employee parking plan requiring, as a minimum, the applicant and the applicant's employees driving to their employment at the subject property to park off-street at a lawful location. E. The applicant shall cause all deliveries to access the subject property using the west loading entrance. SECTION 4: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. • -3- 11-0-05 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: f-i 4ULt"I `7 '2005 ,_J Adopted: FAYULdtk 2 , 2005 ! 1 App ed: , 2005 Ct orraine H. Morton, Mayor Attest: MaClerk, to Corpo tion Counsel • • QM • EXHIBIT A • • 11-0-05 THAT PART OF BENSON AVENUE VACATED IN 1907 LYING WEST OF THE WEST CURB LINE BETWEEN THE NORTH LINE OF DAVIS STREET AND THE SOUTH LINE OF CHURCH STREET; AND LOTS ONE (1), TWO (2) AND THREE (3), AND EIGHTEEN (18) TO TWENTY- THREE (23), BOTH INCLUSIVE, TOGETHER WITH THE FIFTY (50) FOOT STRIP BETWEEN SAID LAST MENTIONED LOTS, AND LOTS TWENTY-SEVEN (27), TWENTY-EIGHT (28) AND TWENTY-NINE (29) IN DEMPSTER'S SUBDIVISION OF BLOCK SIXTY-SIX (66) IN THE SOUTHWEST QUARTER (SW-1/4) OF SECTION EIGHTEEN (18), TOWNSHIP FORTY-ONE (41) NORTH, RANGE FOURTEEN (14) EAST, EXCEPT THE PORTION THEREOF CONVEYED TO WIEBOLDT STORES, INC., BY DEED DATED DECEMBER 10, 1942, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS -5-