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Home My WebLink AboutORDINANCES-2013-037-O-13I • Effective Date: June 23, 2013 5/14/2013 37-0-13 AN ORDINANCE Amending the Zoning Map to Re -Zone Certain Properties From the C2 District to the MXE 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 37-0-13 WHEREAS, on March 13, 2013, the Plan Commission held a public hearing, pursuant to proper notice, regarding case no. 13PLND-0011, to consider amendments to the Zoning Map, cited in Section 6-7-2 of the Zoning Ordinance, to place certain properties within the MXE Mixed Use Employment 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 May 28, 2013, the Planning and Development Committee of the City Council considered and adopted the findings and recommendation of the Plan Commission in case no. 13PLND-0011 and recommended City Council approval thereof; and WHEREAS, at its meetings of May 28 and June 10, 2013, 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— u 0 S • 37-0-13 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 C2 Commercial District and place them within the MXE Mixed Use Employment 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. Introduced: \-M(2,�j , 2013 Adopted: lv—t— ICE 2013 Attest: Edney GrgC1ne, i Clerk Approved: 3 , 2013 Eliz,a'Veth B. Tisdahl, Mayor Approved as to form: W. Grant rarrar, Corporation Counsel —3— EXHIBIT A Addresses and PINs of Properties Removed from the C2 District and Placed Within the MXE Mixed Use Employment District 2143-2145 Ashland Avenue 2153 Ashland Avenue 1515 Payne Street 1523 Payne Street 2150 Green Bay Road 2156 Green Bay Road PIN 10-12-416-008-0000 PIN 10-12-416-006-0000 PIN 10-12-416-010-0000 PIN 10-12-416-009-0000 PIN 10-12-416-016-0000 10-12-416-017-0000 PIN 10-12-416-011-0000 10-12416-012-0000 10-12-416-015-0000 10-12-416-018-0000 IE 37-0-13 C7 I • • S • EXHIBIT B Map of Properties Removed from the C2 District and Placed Within the MXE Mixed Use Employment District -5- 37-0-13 www.cityofevanston.org �3 �1342 41 ___T2U4 L. NoYESST F 16 r 2 - --------- fj2 500 4143 �1412 R �,.['^')10 �Z �'VN VN 2264 --?t6 = zzotV �;3` aC2 71 AM � r z '215 pp i. i 2T, 73" § " z , � N: 17 jo: W 17". � 2 L�6 R4 v�, 2122 112112121211 fa- 2120 m 18 ME N �I, I iwo V NOw U_Z M7 DISCLAIMER: This map and data are provided as -in without warranties of any kind. See www.cityofevanston.org/mapdisciaimers.htmi for more information IL 2208 '1 2206 202 W > D D 10 U) \ Aj 0 402 411 402 D41 410 LEONARD PL r777 lb __2100. j 2134 41b 41, rD 2130 [2�1�2 2124 1Fj211& I ku �14 V' �V\ 10 '� tt L 2106 V)I Scale 1:1,790 Made with Evanston's GIS Printed: Feb 4, 2013 2:48:21 PM