HomeMy WebLinkAboutORDINANCES-2014-083-O-14•
5/14/2013
83-0-14
AN ORDINANCE
Amending the Zoning Map to Re -Zone Certain Properties
From the 12 District to the R4 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 1979, as amended, ("the Zoning Ordinance"); and
0
83-0-14
WHEREAS, on June 11, 2014, the Plan Commission held a public is
hearing, pursuant to proper notice, regarding case no. 14PLND-0043, to consider
amendments to the Zoning Map, cited in Section 6-7-2 of the Zoning Ordinance, to
place certain properties within the R4 General Residential District; and
WHEREAS, the Plan Commission received testimony and made findings
pursuant to Subsection 6-3-4-6 of the Zoning Ordinance and recommended City Council
approval thereof; and
WHEREAS, at its meeting of July 14, 2014, the Planning and
Development Committee of the City Council considered and adopted the findings and
recommendation of the Plan Commission in case no. 14PLND-0043 and recommended
City Council approval thereof; and
WHEREAS, at its meetings of July 14, 2014 and July 28, 2014, the City
Council considered and adopted the records and recommendations of the Plan •
Commission and 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
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.
•
-2-
83-0-14
• . 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 12 General
Industrial District and place them within the R4 General Residential 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 recitais 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.
Introduced:��-� tL\ 2014 Approved:
Adopted,-�V�1 a1� 2014 �U� , 2014
J
Eli. beth B. Tisdahl, Mayor
Attest:
• Rodne Greene, I
Clerk
Approved as to form:
W. Gra t Farrar, Corporation Counsel
—3—
83-0-14
EXHIBIT A
Addresses and PINs of Properties Removed from the 12 General Industrial District
and Placed Within the R4 General Residential District
1409 Dodge Avenue PIN 10-1-3-419-041-0000
1825 Greenwood Street PIN 10-13-419-040-0000
•
U
•
•
U
•
83-0-14
EXHIBIT B
Map of Properties Removed from the 12 General IndustrialDistrict and
Placed Within the R4 General Residential District
-5-
www.cityofevanston.org
1471
1423
1419
i it
416
1417
1414
uj
Lj•
Wei
0
R4
142D
2 VE
R3 1404
1813 lell
1823 17V
1825
1909
... ..... ..
GREENWOOD ST
3RESNW00(D'V'