HomeMy WebLinkAboutORDINANCES-2007-031-O-072/27/2007
2/23/2007
31-0-07
AN ORDINANCE
Extending, By 120 Days the Moratorium Provided for by
Ordinance 90-0-06 on the Issuance of
Building. Permits. for Construction on
Central Street -from Ashland Avenue to 2200 Central Street
WHEREAS, the City Council adopted Ordinance 90-0-06 on
September 11, 2006, to provide for a moratorium on the issuance of building
permits for construction on Central Street, from Ashland Avenue to and including
2200 Central Street ("Moratorium Area"); and
WHEREAS, the moratorium provided for a" one hundred eighty
i
.(180) -day- period expiring on March 10, 2007, to allow for City consideration
through its Plan Commission and, Planning and Development Committee of the,
possible re -zoning of part or all of the Moratorium Area; and
WHEREAS, the City Council approved the hiring of a consultant at,
its meeting of November 13, 2006 to provide Planning Services within the
Moratorium Area; and
WHEREAS, the consultants must study the issues presented and
then ,prepare reports addressing land use and appropriate development planning
issues for consideration by the Plan Commission and City Council; and
WHEREAS, the consultant is to submit a report to .the City before
40 the meeting of the City Council on April 23, 2007; and
31-0-07
WHEREAS, an extension of the moratorium provided for by 0
Ordinance 90-0-06 is necessary to allow time for the Plan Commission to
conduct further public hearings and prepare its Report to the City Council; and
WHEREAS, additional time is necessary for the City Council to
review the Plan Commission's Report and conduct its own consideration of the
possible rezoning and related issues which may be presented in the Report; and
WHEREAS, conditions and reasons for enacting Ordinance 90-07
06 continue to exist in the Moratorium Area; and
WHEREAS, Section 3 of Ordinance 90-0-06 provide that the,City
Council may, upon finding Jhat continuation of the moratorium provided for
therein, for further study, would serve the public health, welfare, and safety,
provide by Ordinances) for extension(s) thereof; and
WHEREAS, the City Council finds that continuation -of the
moratorium for an additional one hundred twenty (120) days for the Moratorium
Area would serve the public.. health, welfare, and safety by allowing for
completion of the above -described tasks;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the foregoing recitals are found as fact and
incorporated herein.
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40, SECTION 2: That, in response to the need for additional time to
consider appropriate zoning and related amendments to the Zoning Ordinance
and/or other ordinances in the City Code, the moratorium for one hundred eighty
(180) days adopted by Ordinance 90-0-06 is hereby extended for one hundred
twenty (120) additional days on applications for and/or approval or issuance of all
subdivision plats, re -zonings, special uses, planned developments, variations,
and building permits for construction projects in the Moratorium Area, except for
those projects for, which a perfected building permit application for new
construction was . on file with the ' City on or prior to September 11, 2006,.the
effective date of Ordinance 90-0-06, and the planned development at 1700-1722 . - -
Central Street, approved by Ordinance 7-0-07 on February 12, 2007.
SECTION 3: That the Plan Commission and other appropriate City
bodies are hereby authorized and directed to continue to study and review the
zoning, regulations in the Moratorium Area, and to make any recommendations
that it or they may, have regarding amendments to such regulations and related
provisions of the City Code to the City Council.
SECTION 4:
(A) That, to enforce the provisions of this Ordinance and
Ordinance 90-0-06 during the moratorium period in the Moratorium Area, the
City Manager and' all other officers and personnel of the City are -hereby
authorized and directed as follows:
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(1) to refuse acceptance of any application for a plat of subdivision, building
permit, special use, planned development, unique use, variation, re -zoning
or any combination thereof; and to deny approval or issuance thereof, as
appropriate, of any such applications;
(2) to deny issuance of any building permit for new construction, except for a
perfected building permit application which was on file with the City on or
prior to September 11, 2006; and
(3) to perform or to refuse to perform any act not specifically provided for in
this Section 4, in a manner consistent with this Ordinance and Ordinance
90-0-06 and required or appropriate, to enforce. the moratorium.
(B) Theplanned development at 1700-1722 Central Street,
approved by Ordinance 7-0-07 on February 12, 2007, is .not affected by the
provisions of this Ordinance.
SECTION .5: That the City Council may, upon finding that.
extension of, the moratorium for further study beyond the extension of one
hundred twenty (120) days authorized hereby would. serve the public health,
welfare, and safety, provide by ordinance(s) for extension(s) thereof.
SECTION 6: If any provision of this,ordinance, or the application
thereof to any person or circumstance is held invalid, the invalidity does not affect
other provisions or applications of this ordinance which can be given effect
without the invalid provisions or applications thereof.
SECTION 7: All ordinances or parts or ordinances in conflict
herewith are hereby repealed.
SECTION 8: This Ordinance shall take effect immediately upon its
passage, due to the urgency of continuing the moratorium as aforedescribed to
prevent inconsistent and incompatible development. •
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Introduced: Zf , 2007 Approved:
Adopted:(c, , 2007 Z , 2007
TVIa r pro Tem Wynne
Attest: E roved as to forme
Ma P r'r City Clerk Herbert D. Hill
First Assistant Corporation Counsel
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