HomeMy WebLinkAboutORDINANCES-2019-127-O-1910/2/2017
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AN ORDINANCE
Amending the Zoning Map to Rezone 951-1125 Howard Street
From the C1 Commercial District to the B2 Business District
WHEREAS, the City of Evanston is a home -rule municipality pursuant to
Article VII of the Illinois Constitution of 1970; and
WHEREAS, as a home rule unit of government, the City has the authority
to adopt ordinances and to promulgate rules and regulations that protect the public
health, safety, and welfare of its residents; and
WHEREAS, Article VII, Section (6)a of the Illinois Constitution of 1970,
which states that the "powers and functions of home rule units shall be construed
liberally," was written "with the intention that home rule units be given the broadest
powers possible" (Scadron v. City of Des Plaines; 153 111.2d 164); and
WHEREAS, it is a well -established proposition under all applicable case
law that the power to regulate land use through zoning regulations is a legitimate means
of promoting the public health, safety, and welfare; and
WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1,
et seq.) grants each municipality the power to establish zoning regulations; and
WHEREAS, pursuant to its home rule authority and the Illinois Municipal
Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston
City Code of 2012, as amended, ("the Zoning Ordinance"); and
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WHEREAS, on September 11, 2019, the Plan Commission held a public
hearing, pursuant to proper notice, regarding case no. 19PLND-0080, to consider
amendments to the Zoning Map, cited in Section 6-7-2 of the Zoning Ordinance, to
place 951-1125 Howard Street from the C1 Commercial District to the B2 Business
District. Prior to receiving testimony, the Plan Commission continued case no.
19PLND-0080 to its meeting on September 25, 2019; and
WHEREAS, On September 25, 2019, the Plan Commission held a public
hearing, pursuant to proper notice, regarding case no. 19PLND-0080, to consider
amendments to the Zoning Map, cited in Section 6-7-2 of the Zoning Ordinance, to
place 951-1125 Howard Street from the C1 Commercial District to the B2 Business
District; and
WHEREAS, the Plan Commission received testimony and made findings
pursuant to Subsection 6-3-4-6 of the Zoning Ordinance and unanimously
recommended City Council approval thereof; and
WHEREAS, at its meeting of October 14, 2019, the Planning and
Development Committee of the City Council considered and reviewed the findings and
recommendation of approval of the Plan Commission in case no. 19PLND-0080 and
recommended City Council approval thereof; and
WHEREAS, at its meetings of October 14, 2019 and October 28, 2019,
the City Council considered and adopted the records and recommendations of the
Planning and Development Committee; and
WHEREAS, it is well -settled law that the legislative judgment of the City
Council must be considered presumptively valid (see Glenview State Bank v. Village of
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Deerfield, 213 III.App.3d 747) and is not subject to courtroom fact-finding (see National
Paint & Coating Assn v. City of Chicago, 45 F.3d 1124),
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The foregoing recitals are found as fact and incorporated
herein by reference.
SECTION 2: The City Council hereby amends the Zoning Map to remove
those properties with the addresses and PINs listed in Exhibit A and identified in Exhibit
B, both attached hereto and incorporated herein by reference, from the C1 Commercial
District and place them within the B2 Business District.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 4: If any provision of this ordinance or application thereof to
any person or circumstance is held unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 5: This ordinance shall be in full force and effect from and
after its passage, approval and publication in the manner provided by law.
SECTION 6: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
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Introduced: (IC c)bef- I W , 2019
Adopted: nC�o,be� c` 3 , 2019
Attest:
�VOI I r �Cij, ��-ief'if v
�' (,Ir do G omet-, )Dp-� C Gay CW.
Approved:
�C�r✓�GLA ,s�J �`� 12019
S ephen ag6rt"i yore
Approved as to form:
Michelle L. Masoncup, Corporati n
Counsel
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EXHIBIT A
Addresses and PINs of Properties Removed from the C1 Commercial District and
Placed Within the B2 Business District
Propertv Address
951-959 Howard St.
999 Howard St.
1015 Howard St.
1029-1101 Howard St.
1117 Howard St.
1123-1125 Howard St.
PIN
11-30-122-058-0000
11-30-122-053-0000
11-30-122-052-0000
11-30-122-051-0000
11-30-122-050-0000
11-30-122-049-0000
11-30-122-048-0000
11-30-122-047-0000
11-30-122-046-0000
11-30-122-045-0000
11-30-122-044-0000
11-30-122-043-0000
11-30-122-042-0000
11-30-122-057-0000
11-30-122-037-0000
11-30-122-036-0000
11-30-122-059-0000
11-30-122-032-0000
11-30-122-031-0000
11-30-122-030-0000
11-30-122-029-0000
11-30-122-028-0000
11-30-122-02770000
11-30-122-026-0000
11-30-122-025-0000
11-30-122-024-0000
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EXHIBIT B
Map of Properties Removed from the C1 Commercial District and
Placed Within the B2 Business District