HomeMy WebLinkAboutORDINANCES-2010-077-O-10•
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12/13/2010
Effective Date: December 29, 2010 10/5/2010
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AN ORDINANCE
Amending Various Portions of the Zoning Ordinance Relating to
Religious Institutions in the 131 and 133 Zoning Districts
WHEREAS, the City of Evanston is a home rule unit of government
pursuant to Article VII of the Illinois Constitution of 1970; and
WHEREAS, Article VII, Section 6a of the Illinois Constitution of 1970
confers certain powers upon home rule units, among which are the powers to
regulate for the protection of the public health, safety, and welfare; and
WHEREAS, the power to regulate development and land use is a
legitimate means of promoting the public health, safety, and welfare; and
WHEREAS, the creation of zoning districts and enforcement of
zoning regulations, is a legitimate and frequently -utilized means of regulating
development and land use; and
WHEREAS, the City of Evanston, has, pursuant to its home rule
authority, adopted zoning regulations, codified as Title 6 of the Evanston City
Code of 1979, as amended (the "Zoning Ordinance"); and
WHEREAS, in said Zoning Ordinance the City has created several
zoning districts, including Business, Commercial, and Downtown districts; and
WHEREAS, each such zoning district has a stated purpose; and
WHEREAS, the stated purposes of the Business zoning districts
include the promotion of shopping, businesses, and office uses; and
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WHEREAS, promoting the commercial vitality of the City's Business •
zoning districts, in order to increase revenues and strengthen the local tax base,
is a compelling governmental interest; and
WHEREAS, Religious Institutions generally do not offer shopping
opportunities or retail services, or generate property tax or sales tax revenue; and
WHEREAS, on October 13, 2010, the Plan Commission held a
public hearing, pursuant to proper notice, regarding case no. 10PLND-0074 to
consider various amendments to the text of the Zoning Ordinance, relating to the
Use known as "Religious Institution", including making it a Special Use in the
Business, Commercial, and Downtown zoning districts; and
WHEREAS, the Plan Commission received testimony and made
written findings pursuant to Section 6-3-4-5 of the Zoning Ordinance that the
isproposed amendments met the standards for text amendments and
recommended City Council approval thereof; and
WHEREAS, at its meetings of October 25, 2010, November 8,
2010, November 22, 2010, and December 13, 2010, the Planning and
Development Committee of the City Council considered the findings and
recommendation of the Plan Commission in case no. 10PLND-0074, amended
them to restrict them to the B1 and B3 Business zoning districts, and adopted
them and recommended City Council approval thereof, as amended; and
WHEREAS, the Howard Street, between the Chicago Transit
Authority station to the east, and Ridge Avenue to the west is the only area of the
City in the B3 Business zoning district; and •
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• WHEREAS, according to the City of Evanston's Comprehensive
General Plan and the Southeast Evanston Comprehensive Neighborhood Plan,
the economic revitalization of the aforementioned portion of Howard Street, is
one of the City's most important'priorities; and
WHEREAS, in support of its revitalization efforts, the City has,
among other efforts, established the West Evanston Tax Increment Financing
District, a redevelopment agreement that provided partial financing for the
development at 415 Howard Street, which transformed a parking lot into an
eighteen (18)-story apartment building; and
WHEREAS, on December 7, 2010, the City Council convened a
special meeting and engaged in a far-ranging dialogue with citizens and
• community religious leaders regarding this ordinance; and
WHEREAS, at its meeting of December 13, 2010, the City Council
considered and adopted the records and recommendations of the Plan
Commission, as amended by the Planning and Development Committee; and
WHEREAS, requiring Religious Institutions to apply for and obtain
Special Use permits in order to begin operation in the B1 and B3 Business
zoning districts would neither render the use of real property in the City, for the
purpose of religious exercise, impracticable, nor discourage Religious Institutions
from locating within the City; and
WHEREAS, Religious Institutions that currently operate in the B1
and B3 Business zoning districts could continue to operate as legal non-
conforming Uses, and would only need to applyfor Special Use Permits if the
p y
intended to expand or re -build if destroyed; and
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WHEREAS, in 2006, the City granted a Special Use Permit for a •
Religious Institution to the New Hope Christian Methodist Episcopal Church,
located at 2004-10 Emerson Street, permit its construction; and
WHEREAS, in 2006, the City granted a Special Use Permit for a
Religious Institution to the Jewish Reconstructionist Congregation, located at 303
Dodge Avenue, a legal non -conforming Use, to permit its demolition, rebuilding,
and expansion; and
WHEREAS, in 2008, the City amended the Special Use Permit for
a Religious Institution of the Bethel African Methodist Episcopal Church, located
at 1744 Darrow Avenue/1812 Lyons Avenue, to permit its expansion; and
WHEREAS, in 2009, the City amended the Special Use Permit for
a Religious Institution of the Seventh Day Adventist Church, Lake Region
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Conference, located at 1825 Dodge Avenue, to permit its expansion; and
WHEREAS, the City Council has exhaustively considered citizen
input and participation, and evaluated economic, zoning, planning, land use, due
process, and other relevant factors in the course of its legislative deliberations
regarding this ordinance; and
WHEREAS, the City Council and staff continue to devote resources
and attention to the economic development in the City, and that this ordinance is
but one step in a continually evolving and lawful approach to zoning as applied to
cultural and non-profit institutions in the City,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: •
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SECTION 1: That the foregoing recitals are found as fact and
incorporated herein by reference.
SECTION 2: That Subsection 6-9-2-2 of the Zoning Ordinance,
"Permitted Uses" in the B1 District, is hereby amended to delete the following:
"Religious Institution."
SECTION 3: That Subsection 6-9-2-3 of the Zoning Ordinance,
"Special Uses" in the 131 District, is hereby amended to include the following:
"Religious Institution."
SECTION 4: That Subsection 6-9-4-2 of the Zoning Ordinance,
"Permitted Uses" in the 133 District, is hereby amended to delete the following:
"Religious Institution."
SECTION 5: That Subsection 6-9-4-3 of the Zoning Ordinance,
"Special Uses" in the 133 District, is hereby amended to include the following:
"Religious Institution."
SECTION 6: That Subsection 6-16-1-2 of the Zoning Ordinance is
hereby amended to read as follows:
6-16-1-2: EXEMPTION FROM OFF-STREET PARKING AND LOADING
REQUIREMENTS FOR EXISTING BUILDINGS AND USES:
Changes in the use or intensity of use of a building and/or land area, which do
not include construction of a new building, or building addition (i.e., increase in
gross floor area), shall be exempt from the parking and loading requirements of
this Ordinance, except in the following cases:
(A) Changes in a use or intensity of a use regarding medical or dental offices
in the business, commercial, office or transitional manufacturing districts.
(B) Changes in use to religious institution in the business, commercial, or
downtown districts.
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SECTION 7: That all ordinances or parts of ordinances in conflict •
herewith are hereby repealed. .
SECTION 8: That 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 9: 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: &+QbLC
tM
, 2010 Approved:
Adopted:
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, 2010
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Attest:
Eli as eth B. Tisdahl, Mayor
Approved as to form:
Rodney Gree , City Clerk. Grant Farrar, City Attorney
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