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HomeMy WebLinkAboutORDINANCES-2005-012-O-05r. • 2/18/2005 2/4/2004 12-0-05 AN ORDINANCE Granting a Special Use for a Type 2 Restaurant at 2485 Howard Street WHEREAS, the Zoning Board Appeals ("ZBA") met on January 18, 2005 pursuant to proper notice in case number ZBA 05-04-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 Dov Shapiro, lessee of the subject property at 2485 Howard Street in a C1 Commercial District, with written permission from Albertsons (Jewel Osco), owner of the subject property; 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 Restaurant 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 respective records, findings, and recommendations of the ZBA and the Planning 0 and Development Committee at its February 14, 2005 meeting, 12-0-05 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL • OF THE CITY OF EVANSTON, COOK COUNTY, ILL-INOIS: 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 05-04-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 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, -2- 12-0-05 • 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. 1) Exterior litter receptacles shall be provided and maintained in sufficient number and type, to 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. • 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: t `( , 2005 rJ Adopted: , 2005 —3— 12-0-05 Attest: �Qim4 Mary o s City Clerk as to Cordo—ration Counsel App ved:7 �� , 2005 Lo raine H. Morton, Mayor • • -4- 12-0-05 EXHIBIT A • Parcel LOT 9 IN HOWARD-HARTREY SUBDIVISION OF PART OF THE SOUTHWEST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF SECTION 25, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 1, 1993, AS DOCUMENT NUMBER 93-696916, IN COOK COUNTY, ILLINOIS (EXCLUDING THE IMPROVEMENTS LOCATED THEREON THE DATE OF ACQUISITION). Parcel 2 UNDIVIDED INTEREST OF THE INSURED IN THE FOLLOWING DESCRIBED TRACT OF LAND, AS TENANTS IN COMMON WITH AMERICAN STORES PROPERTIES INC. AND BEST BUY CO., INC., PURSUANT TO THE TERMS AND CONDITIONS OF A CERTAIN CO -OWNERSHIP AGREEMENT DATED AUGUST 27, 1993, BETWEEN THE INSURED, AMERICAN STORES PROPERTIES INC., AND BEST BUY CO., INC.: LOTS 1, 2, 3, 4, 5, AND 7 IN HOWARD-HARTREY SUBDIVISION OF PART OF THE SOUTHWEST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF SECTION 25, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, • ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 1, 1993, AS DOCUMENT NUMBER 93-696916, IN COOK COUNTY, ILLINOIS (EXCLUDING THE IMPROVEMENTS LOCATED THEREON THE DATE OF ACQUISITION). • Parcel 3 NON-EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCELS 1 AND 2 FOR THE PASSAGE AND PARKING OF VEHICLES OVER AND ACROSS THE PARKING AND DRIVEWAY AREAS OF THE GRANTOR UNDER OPERATION AND EASEMENT AGREEMENT DATED AUGUST 27, 1993 AND RECORDED SEPTEMBER 3, 1993, AS DOCUMENT NUMBER 93-705513. -5-