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HomeMy WebLinkAboutORDINANCES-2002-025-O-020 03/15/2002 25-0-02 AN ORDINANCE Granting a Special Use for a Type 2 Restaurant at 930 Church Street WHEREAS, the Zoning Board of Appeals ("ZBA") met on March 5, 2002 pursuant to proper notice in case no. ZBA 02-15-SU (R) to consider an application by Thomas Weigand, Vice -President of The Noodle Shop Company Illinois, Inc. DBA Noodles and Company, lessee, for a special use for a Type 2 restaurant pursuant to Section 6-12-2-3 of the Zoning Ordinance, at 930 Church Street in the RP Research Park District; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record that the application 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 and recommendation at its March 25, 2002 meeting and recommended City Council approval thereof; and WHEREAS, the City Council considered the respective records and recommendations of the ZBA and the Planning and Development Committee at its March 25, 2002 and April 9, 2002 meetings, and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: 0 SECTION 1: That the City Council hereby adopts the record, findings, and recommendation of the ZBA and the record and recommendation of the Planning and 25-0-02 Development Committee and hereby approves the special use applied for in case no. ZBA 02-15-SU (R) on property legally described as: LOT 1 IN DAVIS CHURCH RESUBDIVISION BEING A RESUBDIVISION OF PART OF DEMPSTER'S' SUBDIVISION OF BLOCK 66 OF THE VILLAGE (NOW CITY) OF EVANSTON, BEING A SUBDIVISION IN THE SOUTHWEST '/ OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 2, 2000 AS DOCUMENT 00766688 IN COOK COUNTY, ILLINOIS, Commonly known as 930 Church Street, Evanston, Illinois. SECTION 2: 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, these conditions are hereby imposed: . 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, and with the approved plans and documents on file in this case. B. 1) The applicant shall adhere to the Litter Collection Plan, which he submitted as part of the record at the ZBA hearing and which is attached hereto as Exhibit 1 and made a part hereof, requiring the policing of an area located within a 250-foot 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. The operator of the Type 2 restaurant shall comply with the Litter Collection Plan. The Ordinance shall prevail over any inconsistent or contrary provisions in the Plan. 2) For the purposes of this Ordinance, "litter" shall include, but is not limited to: putrescible animal and vegetable waste -2- • 25-0-02 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, sold 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. The applicant shall cause implementation and adherence to the employee parking plan in compliance with the testimony he presented at the ZBA hearing. The operator of the Type 2 restaurant and the operator's employees shall park at an off-street parking facility available in the downtown area. D. When necessary to effectuate the purposes of this grant of special use, "applicant" shall be read "operator" and/or "applicant's • successors in interest". SECTION 3: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: 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: c try° `r ` �`� , 2002 Adopted:' ATTEST: • lerk , 2002 ( , A ro ed: J ,as, PP Mayor rs L)- , 2002 -3- Appr ved as to foam: Corporation Counsel 25-0-02 • is 0 -4-