HomeMy WebLinkAboutORDINANCES-2000-110-O-00d
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09/20/00
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AN ORDINANCE
Granting a Special Use for a
Type 2 Restaurant at 2209 Oakton Street
WHEREAS, the Zoning Board of Appeals (' ZBA") held a public hearing on
September 5, 2000, pursuant to proper notice in case no. ZBA 00-27-SU(R) on the
application of Matthew Anderson of Joseph A. Schudt and Associates, as agent for the
contract purchaser, Steak'n Shake, Inc., for a special use to allow use of the premises at
2209 Oakton Street ("subject property") as a type 2 restaurant with a drive -through facility,
• placed by the 1993 Zoning Ordinance in the 11/oRD Industrial/Office District and
Redevelopment Overlay District;
WHEREAS, the subject property is subject to a Redevelopment Agreement dated
August 9, 1994 between the City of Evanston and Home Depot, U.S.A., Inc.; and
WHEREAS, said Redevelopment Agreement provided for applicability to the subject
property of the City's 1960 Zoning Ordinance, Ordinance 41-0-60, as recodified by
Ordinance 96-0-78, and thereafter further amended, Title 6 of the City Code (" 1960 Zoning
Ordinance"); and
WHEREAS, the 1960 Zoning Ordinance placed the subject property in the M4
General Manufacturing District and classified the proposed use as a special use because
0 of the drive -through facility; and
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WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made
written findings pursuant to section 6-12-7 and section 6-12-10 of the 1960 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 recommendation at its September 25,
2000 meeting and recommended City Council approval of the special use, and
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 in the aforedescribed case •
no. ZBA 00-27-SU(R) and grants said special use on property legally described as follows:
LOT 4 IN HOME DEPOT SUBDIVISION EVANSTON, BEING
A SUBDIVISION OF PART OF THE SOUTHWEST '/4 OF
SECTION 24, TOWNSHIP 41 NORTH, RANGE 13 EAST OF
THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE
PLAT RECORDED THEREOF DECEMBER 24, 1997 AS
DOCUMENT NO. 97969559, IN COOK COUNTY, ILLINOIS.
SECTION 2: That pursuant to section 6-12-7(D) of the 1960 Zoning Ordinance,
which provided that the City Council may impose conditions on the grant of special uses,
these conditions are hereby imposed:
a. The grant of special use authorizes a type 2 restaurant
located in a one-story structure, with a drive -through
facility. •
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b. Development, use, and operation of the type 2
restaurant, including the drive -through facility, shall be
in substantial compliance with the testimony presented
by the applicant, documents placed on file by the
applicant, and approved plans, all in connection with
this case.
C. The grant of zoning relief is subject to compliance with
all applicable provisions of the Zoning Ordinance and all
other applicable legislation, including but not limited to,
Title 8, Health and Sanitation, of the City Code, as
amended.
d. The litter collection plan shall be implemented and
maintained as described in the letter regarding
"Proposed Litter Plan" from Thomas A. Simpson, Illinois
Division Manager of Steak `n Shake, Inc. to Matt
Anderson, dated August 23, 2000, attached hereto as
Attachment 1 and made a part hereof, except that the
• obligations agreed to in said plan shall extend to the
area within five hundred (500) feet of the subject
property, which 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 attached plan.
"Litter" shall have the meaning in section 8-4-6-1 of the
City Code of 1979, as amended, as it may be further
amended.
e. Litter receptacles and scavenger service pickups shall
be provided in numbers and frequency, respectively, to
ensure that at no time will the subject property lack
sufficient litter receptacle capacity to contain litter
present on the subject property between pickups. All
litter receptacles at all times shall be maintained in good
condition and with tight -fitting lids and shall be kept on
surfaces that meet applicable City Code requirements.
• Litter shall not be stored or allowed to accumulate on
the subject property except in accordance with
applicable City Code requirements.
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f. Violation of any of the above conditions or any other
applicable laws or regulations may, at the City's option,
void the special use permit granted hereby.
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 upon passage and
approval and publication in the manner provided by law.
Introduced: 2000
Adopted: 2000
ATTEST:
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Approved as to fo-/M-
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hWn Counsel
Approved: 2000
Mayor
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ATTACHMENT 1
Steak n Shake, Inc.
1704 West Washington
Street
Bloomington, Illinois
61701
(309) 827-
8411
FAX (309) 827-0142
August23, 2000
City of Evanston
Attn: Matt Anderson
Community Development Department, Zoning Division
Civic Center
2100 Ridge Avenue, Room 3700
Evanston, IL. 60201-2798
Re: Proposed Litter Plan
Dear Mr. Anderson,
This letter is in response to your recent request that we provide you with a Litter Plan for the Steak
n Shake restaurant we would like to locate in the city of Evanston.
Steak n Shake has built its reputation on quality, cleanliness, and service. We will continue to
moat the high standards set by our company and expected from our guest.
Our Litter plan will be as follows:
1. We will pick up around the outside of our facility three times a day. This will include
any Steak n Shake paper located on adjacent lots.
2. We will place trash containers outside the front entrance for our guest to throwaway
any excess thrash.
3. Our dumpsters will be enclosed and the dumpster area will be maintained and cleaned
daily.
4. We have a trash container on wheels that we use to remove trash from the inside of
our facility to the dumpsters. This helps us maintain the cleanliness of our facility
inside and out.
S. We will have our trash picked up five times per week initially; as business decreases
we will decrease the number of pickups. The minimum number of pickups per week
will be no less than three. .
We want to be a part of the Evanston community. We have always gotten along very well with our
neighbors. We are very receptive to suggestions for improvement. Thank you in advance for the
opportunity to locate a Steak n Shake in Evanston.
Sincerely,
Thomas A. Simpson
Illinois Division Manager
08/25/00 09:21 TX/RX N0.8364 P.002 0
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