HomeMy WebLinkAboutORDINANCES-2007-033-O-07•
3/1/2007
33-0-07
AN ORDINANCE
Extending By 30 Days the Moratorium Provided for by
Ordinance 25-0-07 on the Issuance of
Building Permits for Construction in
the West Evanston TIF District and Areas to the North
WHEREAS, the City Council adopted Ordinance 52-0-06 on
April 11, 2006, to provide for a moratorium on the issuance of building permits for
construction in the West Evanston TIF District designated and provided for by
Ordinance 102-0-05, Ordinance 103-0-05, and Ordinance 104-0-05, and the
• areas indicated on the map attached hereto as Exhibit A, and made a part hereof
("Original Moratorium Area"); and
WHEREAS, the moratorium provided for a one hundred twenty
(120) -day period expiring on August 9, 2006, 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 area, indicated on the map attached hereto
as Exhibit A, into an appropriate Zoning District; and
WHEREAS, the City Council adopted Ordinance 82-0-06 on July
24, 2006, to provide for a one hundred twenty-five (125) -day extension of the
moratorium, expiring on December 12, 2006; and
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WHEREAS, the City Council adopted Ordinance 120-0-06 on
December 11, 2006, to provide for a sixty (60) -day extension of the moratorium
for the area indicated on the map attached hereto as Exhibit B, expiring on
February 10, 2007 (the "Revised. Moratorium Area"); and
WHEREAS, the City Council adopted Ordinance 25-0-07 on
February 12, 2007, to re-establish, for thirty (30) days, the moratorium for the
Revised Moratorium Area, expiring on March 14, 2007; and
WHEREAS, the City Council approved the hiring of two consultants
at its meeting of June 24, 2006 to provide Physical Planning and Urban Infill
Design Services Within and Adjacent to the TIF District; and
WHEREAS, the consultants have studied the issues presented and •
prepared reports addressing land use and appropriate development planning
issues for consideration by the Plan Commission and City Council; and
WHEREAS, the Plan Commission reviewed and adopted the
consultants' reports at its January 29, 2007 meeting and issued a report to the
City Council; and
WHEREAS, the Planning and Development Committee of the City
Council considered the Plan Commission's report at special meetings on January
29, 2007, and February 22, 2007; and
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WHEREAS, Section 4 of Ordinance 25-0-07 provides that the City
Council may, upon finding that continuation of the moratorium for further study
beyond the thirty (30) days authorized thereby would serve the public health,
welfare, and safety, provide by ordinance(s) for extension(s) thereof; and
WHEREAS, the City Council finds that extending the moratorium
for an additional thirty (30) days for the Revised Moratorium Area is necessary to
allow time 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 said Report; and
WHEREAS, the City Council finds that extending the moratorium
• for an additional thirty (30) days for the Revised 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.
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 twenty
(120) days adopted by Ordinance 52-0-06, extended for one hundred twenty-five
• (125) additional days by Ordinance 82-0-06, re -extended for sixty (60) additional
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33-0-07
days by Ordinance 120-0-06, and re-established for thirty (30) days by
Ordinance 25-0-07, is hereby extended for an additional thirty (30) days, expiring
on April 13, 2007 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 Revised 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 February 12, 2007, the
effective date of Ordinance 25-0-07, and the planned development at 1613
Church Street, approved by Ordinance 38-0-06 on April 11, 2006.
SECTION 3:
(A) That, to enforce the provisions of this Ordinance during the •
moratorium period in the Revised Moratorium Area, the City Manager and all
other officers and personnel of the City are hereby authorized and directed as
follows:
(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; and
(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 February 12, 2007; and
(3) to perform or to refuse to perform any act not specifically provided for in
this Section 3, in a manner consistent with this Ordinance and required or
appropriate to enforce the moratorium.
(B) The planned development at 1613 Church Street is not •
affected by the provisions of this Ordinance.
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33-0-07
SECTION 4: That the City Council may, upon finding that
continuation of the moratorium for further study beyond the thirty (30) days
authorized hereby would serve the public health, welfare, and safety, provide by
ordinance(s) for extension(s) thereof.
SECTION 5: 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 6: All ordinances or parts or ordinances in conflict
herewith are hereby repealed.
SECTION 7: This Ordinance shall take effect immediately upon its
passage, due to the urgency of re-establishing the moratorium as aforedescribed
to prevent inconsistent and incompatible development.
Introduced:aA"'L 1 Z
Adopted: OUAJti 12
Attest:
IYU�
Mary P. r Aity Clerk
, 2007 Approved:
, 2007 l '6ik- 2007
L,6rraine H. Morton, Mayor
App,oved as to form:
Herbert D. Hill
First Assistant Corporation Counsel
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33-0-07
EXHIBIT A
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BuildingMoratori �j-
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EXHIBIT B
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