HomeMy WebLinkAboutORDINANCES-2001-034-O-01n
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AN ORDINANCE
Granting a Special Use for Two Type 2 Restaurants
Each With a Drive -through Facility at
1900 Dempster Street
WHEREAS, the Zoning Board of Appeals ("ZBA") held a public hearing on March 6,
2001 pursuant to proper notice in case no. ZBA 01-08-SU(R) on the application of James
M. Sutphen of Joseph Freed and Associates, L.L.C., agent for Evanston Plaza, L.L.C.,
property owner, for a special use pursuant to Section 6-10-2-3 of the Zoning Ordinance to
allow two Type 2 restaurants each with a drive -through facility on a certain portion of the
premises at 1900 Dempster Street in a C1 Commercial District; and
WHEREAS. development of the 1900 Dempster Street premises. the Dempster and
Dodae Shoppina Center. is subiect to the Redevelopment Aareement with Evanston Plaza
L.L.C.. approved by the Citv in Ordinance 132-0-99; and
WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made
written findings pursuant to Section 6-3-5-10 of the Zoning Ordinance that the application
met the standards for special uses, and recommended that the City Council grant the
application; -and
WHEREAS, the Planning and Development Committee of the City Council
considered and adopted the ZBA's findings and recommendations at its March 26, 2001
0 meeting and recommended City Council approvaled thereof,., and
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WHEREAS, the Citv Council at its meetinqs of March 26, 2001, April 10, 2001. April
16. 2001, and April 23. 2001 considered the findinqs and recommendations of the ZBA and
the recommendation of the Plannina and Development Committee. and approved the
special use with modifications.
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 record, findings, and
recommendation of the ZBA and the record and recommendations of Planning and
Development Committee in the aforedescribed case no. ZBA 01-08-SU(R) and grants said
special use on property commonly known as 1900 Dempster Street, Evanston, Illinois and
legally described in Exhibit A attached hereto and made a part hereof. 0
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 special uses, these
conditions are hereby imposed:
a. Construction and operation of the special use granted hereby shall be
in substantial compliance with the —testimeRy—Presorted by
representations of the Applicant to the ZBA. the Plannina and
Development Committee. and the Citv Council, documents placed on
file by the Applicant, and approved plans, all in connection with this
case.
b. ILPrior to the opening for business of each Tvpe 2 restaurant, the
Applicant shall cause the operator of each Type 2 restaurant to
submit to the Zoning Division awd msint a
Litter Collection Plan, 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
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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 each Tvpe 2 restaurant shall
comply with the Litter Collection Plan. This Ordinance shall prevail
over any inconsistent or contrary provisions in the plan. "�##or" JhCl[
447-00, lac; amended
2) For the purpose of this Ordinance, "litter" shall include, but is not
limited to: putrescible animal and veqetable waste resultinq from the
handlinq, preparation, cookinq, and consumption of food, other
putrescible waste, including animal waste, dead animals, vard
clippings and leaves: nonputrescible solid waste, including rubbish,
ashes, street cleanings, abandoned automobiles, solid business,
commercial, and industrial wastes, paper, wrappinqs, cigarettes.
cardboard, tin cans, glass, beddinq, 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) Each Tvpe 2 Restaurant shall have dumpsters in a number
adequate in the Citv's iudament and collections therefrom a minimum
of three (3) times a week. Dumpsters shall be sufficient in number
and capacitv to contain, with the lids tightly shut, all litter emanatinq
from operation of the use, collected pursuant to the above -described
litter collection plan, and accumulatinq between collections.
(2) Litter collection receptacles shall be placed on the sidewalks
around the buildinq containing the Tvpe 2 restaurants. Said
receptacles shall be emptied a minimum of once a day and the
contents removed to d lawful location.
(3) Within seven (7) days of written notice from the Citv to do so. the
number of dumpsters, litter receptacles, and/or the number of
collections from each shall be increased or modified in accordance
- with the Citv's directive. All dumpsters and litter receptacles shall be
maintained in a clean condition with tight-fittinq lids.
d. (1) Tvpe 2 Restaurants shall not be operated bevond the hours of six
a.m. (6:00 a.m.) and twelve midniqht (12:00 a.m.), seven (7) days a
• week.
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(2) Drive-throuah pick-up windows shall not be operated bevond the
hours of six a.m. (6:00 a.m.) and twelve midnight (12 a.m.), seven (7)
days a week. No drive-throuah pick-up window shall be operated
except during the hours of operation of its respective Tvpe 2
Restaurant.
e. All reasonable steps shall be taken to prevent loitering within the Tvpe
2 restaurants and on the premises set forth in the Site Plan.
f. A minimum of seventv-five percent (75%) of the floor area of each
Tvpe 2 Restaurant to which customers are permitted access shall
have no fewer than ten (10) dinina tables or shall have buffet or
counter service, all of which 1) utilize reusable dishware and 2) have
waitstaff and/or table bussina service.
a. Exterior menu boards are prohibited.
h. Sianaae for the Tvpe 2 Restaurants shall require prior review and
approval by the Site Plan and Appearance Review Committee
(°SPAARC"). •
i. Final Site Plan and Appearance Review Committee approval is a
prereauisite to Citv issuance of building permits, except for demolition
permits.
1) The Applicant shall submit a landscape plan to SPAARC and
receive final approval thereof from that bodv and from the
Superintendent of Parks/Recreation and Forestrv.
2) Said approved landscape plan shall set forth the location.
quantities, sizes, and tvpes of landscaping materials on the subiect
propertv and on the adiacent right-of-way. The approved plan shall.
at a minimum, a) provide for maintenance and care of plantinas, and
b) for replacement of dead or dvina plantinas at the earliest time
permitted by the applicable plantina season. The landscape
maintenance plan shall be recorded with the Cook Countv Recorder's
Office and evidence of said recordation provided to the Zoninq
Division as a condition precedent to issuance of a final certificate of
occupancv.
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k. The Applicant shall, within fortv-five (45) days of written notice to do
so, make installations deemed appropriate by the Director of Public
Works to limit vehicular traffic across established parking spaces.
When necessary to effectuate the above conditions, the Applicant,
and his heirs, successors, and assigns shall assure that all persons
operating the Tvpe 2 restaurants provided for by this Ordinance
complv with the terms of this Ordinance applicable to operation of
such Tvpe 2 restaurants.
M. The Evanston Plaza Redevelopment Aqreement approved by the Citv
in Ordinance 132-0-99 is incorporated into this Ordinance and made
a part hereof.
sn. (1) Violation of this Ordinance or of other applicable legislation, may,
in the City's sole discretion, void this zoning grant.
(2) In the event a violation is attributable to one Type 2 restaurant but
not both Type 2 restaurants, in so far as is reasonable under the
circumstances, any action taken by the City pursuant to
• Section 2 (c) (1) of this Ordinance will be limited to the Type 2
restaurant in violation.
•
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: V111L6t,,UAZ-,k. , 2001
Adopted: y�-� , 2001
Approves '� �L} �1 , 2001
/avy
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ATTEST:
Cl,:rk
Ap roved as to form:
Corporation Counsel
•
•
EXHIBIT A
(5 PAGES)
• LEGAL DESCRIPTION
PARCELI:
LOT 1 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,
ILLINOIS.
EXCEPTING THEREFROM THE FOLLOWING:
THAT PART OF LOT 1 IN BANBURY CONSOLIDATION IN THE NORTHWEST 1/4 OF
SECTION 24, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL
MERIDIAN RECORDED MARCH 19, 1986 AS DOCUMENT NUMBER 86107329 AND
FILED MARCH 19, 1986 AS DOCUMENT NUMBER 3502281 DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST EASTERLY SOUTHERLY CORNER OF SAID LOT 1;
THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 19.88
• FEET; THENCE WESTERLY AT RIGHT ANGLES TO THE EAST LINE OF LOT 1, A -
DISTANCE OF 105 FEET; THENCE NORTHERLY, PARALLEL WITH THE EAST LINE OF
LOT 1, A DISTANCE OF 2 FEET TO THE POINT OF BEGINNING; THENCE WESTERLY,
AT RIGHT ANGLES TO THE EAST LINE OF LOT 1, A DISTANCE OF 307.33 FEET;
THENCE NORTHERLY, PARALLEL WITH THE EAST LINE OF LOT 1, A DISTANCE OF
38 FEET; THENCE EASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE, A
DISTANCE OF 114 FEET; THENCE NORTHERLY, PARALLEL WITH THE EAST LINE
LOT 1, A DISTANCE OF 195 FEET; THENCE EASTERLY AT RIGHT ANGLES TO THE
LAST DESCRIBED LINE, A DISTANCE OF 193.33 FEET; THENCE SOUTHERLY
PARALLEL WITH THE EAST LINE OF LOT 1, A DISTANCE OF 233 FEET TO THE
PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
ALSO EXCEPTING THEREFROM:
PART OF LOT 1 IN BANBURY CONSOLIDATION IN THE NORTHWEST 1/4 OF. SECTION
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24, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN,
RECORDED MARCH 19, 1986 AS DOCUMENT NUMBER 86107329 AND FILED MARCH
19, 1986 AS DOCUMENT NUMBER 3502281, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST EASTERLY SOUTHERLY CORNER OF SAID LOT 1;
THENCE NORTHERLY ALONG THE EAST LINE OF LOT 1, A DISTANCE OF 19.88
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FEET; THENCE WESTERLY AT RIGHT ANGLES TO THE EAST LINE OF LOT 1, A •
DISTANCE OF 15 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING
WESTERLY, AT RIGHT ANGLES TO THE EAST LINE OF LOT 1, A DISTANCE OF 90
FEET; THENCE NORTHERLY, PARALLEL WITH THE EAST LINE OF LOT 1, A
DISTANCE OF 235 FEET; THENCE EASTERLY AT RIGHT ANGLES TO THE LAST
DESCRIBED LINE, A DISTANCE OF 75 FEET; THENCE NORTHERLY PARALLEL WITH
THE EAST LINE OF LOT 1, A DISTANCE OF 5 FEET; THENCE EASTERLY AT RIGHT
ANGLES TO THE LAST DESCRIBED LINE A DISTANCE OF 15 FEET; THENCE
SOUTHERLY, PARALLEL WITH THE EAST LINE OF LOT 1, A DISTANCE OF 240 FEET
TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
ALSO EXCEPTING THEREFROM:
THAT PART OF BANBURY THIRD CONSOLIDATIONPLAT 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 24, 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 OF
BEGINNING IN COOK COUNTY, ILLINOIS.
PARCEL 2:
EASEMENT FOR THE BENEFIT OF PARCEL 1 FOR INGRESS AND EGRESS REQUIRED
FOR THE PURPOSE OF MAINTENANCE OF COMMON UTILITY FACILITIES AND
OTHER UTILITIES SERVING THE PARCEL AND FOR THE INSTALLATION,
OPERATION, MAINTENANCE, REPAIR, RELOCATION AND REMOVAL OF COMMON •
UTILITY FACILITIES, IF ANY, IN A MANNER WHICH DOES NOT INTERFERE WITH
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ANY BUILDING USE OR OPERATION, IN AND OVER THAT OF:
• PARTS OF LOT 1 IN BANBURY CONSOLIDATION IN THE NORTHWEST 1/4 OF
SECTION 24, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL
MERIDIAN, RECORDED MARCH 19, 1986 AS DOCUMENT 86107329 AND FILED
MARCH 19, 1986 AS DOCUMENT NUMBER 3502281 DESCRIBED AS FOLLOWS:
(A) COMMENCING AT THE MOST EASTERLY SOUTHERLY CORNER OF SAID LOT 1:
THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 19.88
FEET; THENCE WESTERLY AT RIGHT ANGLES TO THE EAST LINE OF LOT 1 A
DISTANCE OF 105 FEET; THENCE NORTHERLY, PARALLEL WITH THE EAST LINE OF
LOT 1 A DISTANCE OF 2 FEET TO THE POINT OF BEGINNING; THENCE WESTERLY,
AT RIGHT ANGLES TO THE EAST LINE OF LOT 1, A DISTANCE OF 307.33 FEET;
THENCE NORTHERLY, PARALLEL WITH THE EAST LINE OF LOT 1, A DISTANCE OF
38 FEET; THENCE EASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE, A
DISTANCE OF 114 FEET; THENCE NORTHERLY, PARALLEL WITH THE EAST LINE OF
LOT 1, A DISTANCE OF 195 FEET; THENCE EASTERLY AT RIGHT ANGLES TO THE
LAST DESCRIBED LINE, A DISTANCE OF 193.33 FEET; THENCE SOUTHERLY,
PARALLEL WITH THE EAST LINE OF LOT 1, A DISTANCE OF 233 FEET TO THE
PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
(B) COMMENCING AT THE MOST EASTERLY SOUTHERLY CORNER OF SAID LOT 1;
• THENCE NORTHERLY ALONG THE EAST LINE OF LOT 1, A DISTANCE OF 19.88
FEET; THENCE WESTERLY AT RIGHT ANGLES TO THE EAST LINE OF LOT 1, A
DISTANCE OF 15 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING
WESTERLY, AT RIGHT ANGLES TO THE EAST LINE OF LOT 1, A DISTANCE OF 90
FEET; THENCE NORTHERLY, PARALLEL WITH THE EAST LINE OF LOT 1, A
DISTANCE OF 235 FEET, THENCE EASTERLY AT RIGHT ANGLES TO THE LAST
DESCRIBED LINE, A DISTANCE OF 75 FEET; THENCE NORTHERLY, PARALLEL WITH
THE EAST LINE OF LOT 1, A DISTANCE OF 5 FEET; THENCE EASTERLY AT RIGHT
ANGLES TO THE LAST DESCRIBED LINE A DISTANCE OF 15 FEET; THENCE
SOUTHERLY, PARALLEL WITH THE EAST LINE OF LOT 1, A DISTANCE OF 240 FEET
TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
•
PURSUANT TO RECIPROCAL EASEMENT AND OPERATION AGREEMENT MADE BY
LASALLE NATIONAL BANK, TRUSTEE UNDER TRUST AGREEMENT DATED JUNE 17,
1985 AND KNOWN AS TRUST NUMBER 109877 AND TOYS R' US, INC., A
CORPORATION OF DELAWARE, DATED JUNE 9, 1986 AND RECORDED JUNE 27, 1986
AS DOCUMENT NUMBER 86264888, IN COOK COUNTY, ILLINOIS.
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PARCEL 3:
BENEFIT OF PART •
NON EXCLUSIVE PERPETUAL UTILITY EASEMENT FOR THE BE OF
PARCEL 1 ON, OVER, UNDER, THROUGH AND ACROSS:
THE WESTERLY 15 FEET, AS MEASURED AT RIGHT ANGLES TO THE WEST LINE
THEREOF, OF THE FOLLOWING DESCRIBED PROPERTY:
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.
AS CONTAINED IN EASEMENT AGREEMENT MADE BY NORTH WEST NATIONAL
BANK OF CHICAGO, TRUSTEE UNDER TRUST AGREEMENT DATED AUGUST 14,1979
AND KNOWN AS TRUST NUMBER 5502, NORTHERN TRUST BANK OF PALM BEACH,
FLORIDA N.A., NAN P. NORTON DELATUSCH (FORMERLY KNOWN AS NAN P.
NORTON) AND MICHAEL C. NORTON AS TRUSTEES UNDER THAT CERTAIN
CALHOUN-NORTON MARITAL TRUST CREATED BY A TRUST AGREEMENT DATED
DECEMBER 6, 1979 (COLLECTIVELY THE NORTON TRUSTEES), ARENS CONTROLS,
INC., CORPORATION OF ILLINOIS, LASALLE NATIONAL BANK, TRUSTEE UNDER
TRUST AGREEMENT DATED JUNE 9, 1986 AND KNOWN AS TRUST NUMBER 111203,
(THE LASALLE TRUST) AND BANBURY/EVANSTON LIMITED PARTNERSHIP, AN •
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• ILLINOIS LIMITED PARTNERSHIP, DATED OCTOBER 1, 1986 RECORDED
NOVEMBER 16, 1986 AS DOCUMENT 86522197, IN COOK COUNTY, ILLINOIS-
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COMMON ADDRESS: SOUTHWEST CORNER OF DODGE AVENUE AND DEMPSTER
STREET, EVANSTON, ILLINOIS
TAX IDENTIFICATION NUMBERS: 10-24-108-032
10-24-108-033
10-24-108-034
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