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Home My WebLink AboutORDINANCES-2001-121-O-01• 01 /15/2002 121-0-01 AN ORDINANCE Granting a Special Use to Allow a Type 2 Restaurant at 519 Main Street WHEREAS, the Zoning Board of Appeals ("ZBA") held a public hearing on August 1, 2000 pursuant to proper notice in case no. ZBA 00-20-SU(R) ("subject case") on the application of John A. Wesche, Construction Manager for Starbucks Coffee Company, with written permission from Evanston Trust and Savings Bank, property owner, for a special use pursuant to Section 6-9-4-3 of the Zoning Ordinance to allow a Type 2 restaurant at 519 Main Street, within the B3 Business District; and 0 WHEREAS, the ZBA, after hearing testimony and receiving other evidence, making a written record thereof, made written findings pursuant to Section 6-3-4-5 of the Zoning Ordinance and found that the application did not meet the standards for special uses, and recommended City Council denial thereof; and WHEREAS, the subject case was held in Committee by the Planning and Development Committee of the City Council on October 10, 2000 and October 23, 2000 at the request of the Applicant; and WHEREAS, the Planning and Development Committee considered the subject case at its meetings on October 22, 2001, November 13, 2001, and December 3, 2001; and WHEREAS, the Planning and Development Committee considered the ZBA's 0 record and recommendation to deny the application, heard comments from the public 121-0-01 and the Applicant, and reported the case out of Committee on December 3, 2001 • without a recommendation; and WHEREAS, at its December 3, 2001 meeting, the City Council reviewed the ZBA's record and recommendation to deny the special use, the Planning and Development Committee's record, heard public comment, and voted to overturn the ZBA's recommended denial and grant the special use; and WHEREAS, the Planning and Development Committee made findings at its December 17, 2001 meeting that the application met the standards for special uses set forth in the Zoning Ordinance and recommended City Council approval thereof by this Ordinance 121-0-01; and WHEREAS, the City Council considered this Ordinance 121-0-01 at its is December 17, 2001 and January 14, 2002 meetings; WHEREAS, at the December 17, 2001 meeting, the City Council made certain revisions to the conditions imposed upon the grant of special use, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Council hereby adopts the findings and recommendation of the Planning and Development Committee at its December 17, 2001 meeting in the aforedescribed case no. ZBA 00-20-SU(R) and grants said special use to operate a Type 2 Restaurant on property commonly known as 519 Main Street and legally described in Exhibit A attached hereto and made a part hereof. • -2- 121-0-01 • SECTION 2: That the CityCouncil hereby accepts the findings of the Planning Y p 9 9 and Development Committee that the application met the standards for the special uses set forth in Section 6-3-5-10 of the Zoning Ordinance: a. Type 2 Restaurants are a listed special use in the B3 Zoning District. b. The subject use is in keeping with the purposes and policies of the Comprehensive General Plan ("CGP") and the Zoning Ordinance. 1. The property is classified as "retail and mixed uses" in the CGP Land Use Map, it is within an area on CGP Map 2 designated as a corridor for commercial and mixed use development, enhances existing neighborhoods, and contributes to the overall social and economic quality of Evanston. 2. The use promotes pedestrian -oriented retail activity in a • neighborhood business area and is part of a residential/ commercial mixed use development designed to enhance the existing character of the neighborhood. 3. Among the purposes of the Zoning Ordinance set forth in Section 6-1-2 is to conserve and enhance the taxable value of land and buildings throughout the City. Operation of the subject use will bring additional income in the form of property, sales, and other taxes to the City from a property. C. The subject use will not cause a negative cumulative effect in that the most intense impact from this use on traffic and parking occurs when other uses in the area have lesser demands. d. The subject use does not interfere with or diminish the value of property in the neighborhood, in that it will aid the retail sales potential of this designated business area. The added retail sales potential will increase residential convenience and add to the value of neighboring business property. -3- 121-0-01 • e. The subject use can be adequately served by public facilities and services, in that neither new public facilities nor additional public services will be required. f. The subject use does not cause undue traffic congestion, in that parking is available within a reasonable distance of the subject property, the most intense impact from this use on parking occurs when other uses in the area have lesser demands and actions to mitigate congestion are imposed in Sections 3(c), 3(d), and 3(e), below. g. The subject use has no effect upon significant historical and architectural resources, in that the use is located in new construction. h. The subject use has no impact on significant natural or environmental resources in that no such resources are located at the subject property. i. The subject use will comply with all applicable regulations of the B3 Business District in which it is located and other applicable • ordinances. SECTION 3: Pursuant to Section 6-3-5-12 of the Zoning Ordinance, which provides that the City Council may impose conditions and limitations on the grant of a special use, these conditions and limitations are hereby imposed: a. The special use granted hereby shall be subject to compliance with all applicable provisions of the Zoning Ordinance and other applicable laws; b. The approval is subject to construction and operation of the use in substantial compliance with representations of the Applicant, documents placed on file in connection with this case by the Applicant, and the plans, as approved by the City. C. Persons who shall have previously applied for and been granted authority by the City pursuant to Section 9-1-11 of the Evanston City Code of 1979, as amended, to issue citations for parking -4- • 121-0-01 regulation violations in the area designated by the City, shall be hired and their employment maintained. Said persons shall enforce parking regulation violations in the subject alley and on the public street and sidewalk in front of the subject use from 7:00 A.M. through 9:00 A.M., every Monday through Friday the use is open for business, and from 7:30 A.M. through 10:30 A.M. every Saturday the use is open for business. No relief from the condition set forth in the Section 2(c) shall be sought prior to one (1) year after the City has issued a final Certificate of Occupancy for the use granted hereby. Any such request for relief shall be in writing and shall be filed with the Planning and Development Committee for consideration prior to City Council action. The City Council, may, in its sole discretion, grant, deny, or modify the relief requested. d. If installation of speed bumps in the alley directly east of the subject property on the north side of Main Street ("subject alley") is approved by the City Council upon written request of two-thirds (2/3) of the residents of properties abutting the alley, the Applicant shall reimburse the City an amount equal to the City's cost of installation and maintenance of the speed bumps. The speed is determined shall be of such type(s) and in such number and location as determined by the City. The Applicant's failure to reimburse the City for the cost of installation of said speed bumps or of maintenance or of replacement, within thirty (30) days after invoicing therefor by the City shall, at the City's option, void this special use. The Applicant and its successors in interest shall, in like manner, reimburse the City for all costs of maintenance and installation of replacement speed bumps. e. Installation and assumption of all costs in connection therewith of a parabolic mirror or other similar device at the intersection of the subject alley and the north sidewalk on Main Street for use by southbound alley traffic to detect cross traffic. The mirror must be of a type and installed in a location satisfactory to the City's Division of Traffic Engineering, all as a condition to the City's grant of a Final Certificate of Occupancy. Applicant must provide a written recommendation from a traffic expert as to location of the mirror. SECTION 4: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. is -5- 121-0-01 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:%lam-1,' 17 , 200 t Adopted: January 14, 2002 AppTved: Gil biWi 1 , 2002 Mayor n U ATTEST: City ler Aporq�ed as t or f; i� Corporation Counse • • s