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Home My WebLink AboutORDINANCES-2007-039-O-07• 3/29/2007 39-0-07 AN ORDINANCE. Extending By 35 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 TIFF District designated, and provided for by Ordinance 102-0-05; Ordinance 103-0-05, and Ordinance 10470-05, and the, areas indicated on the map attached. hereto as Exhibit A, andmade 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 39-0-07 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'.adopted Ordinance 33-0707 on March . 12, 2007, .to re-establish, for thirty (30) days, the moratorium for the Revised Moratorium Area, expiring on April 13, 200T 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 20, 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 regular and special meetings on January 29, 2007, February 22, 2007, and. April 10, 2007; and • —2— 39-0-07 • 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-five (35) 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-five (35) days for the Revised Moratorium Area is necessary to allow time for the City Council Jo 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-five (35) 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 —3— 39-0-07 days by Ordinance 120-0-06, re-established for thirty (30) days by Ordinance 25- • 0-07, and re -extended for thirty (30) days by Ordinance 33-0-07, is hereby extended for an additional thirty-five (35) days, expiring on May 18, 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 eff ective. date of Ordinance 25- 0-07, and the . planned development- at 1613 Church Street, approved by O,rd.inance 38-0-06 on April 1-1;..2006: SECTION 3: 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: (A) ,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 (B) 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 (C) 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. ' • -4- . 39-0-07 • SECTION 4: That the City Council may, upon finding that continuation of.the moratorium for further study beyond the thirty-five (35) days authorized hereby woul&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 a's aforedescribed to prevent'inconsistent and incompatible development. . .-Introduced: G�, , 2007 Approved: Adopted:' . �ry. j- , 2007 . . t 2007 rraine H. Morton, Mayor Attest: Ap'p oved as tc form, .�: Mary r i' , H ity Clerk - bert D. Hill Fit Assistant Corporation Counsel • -5- 39-0-07 EXHIBIT A yu West Evanston Building Moratorium 7� (Ordinance 52-0-06) JLA -SIR" Moratorium Area Vr Building Footprint Tax Parcel' -7TrL .T,x � ZZ, 9T 1,000 Feet J !J 1_J� 14jfTjjj LU'1'JLt:-,j r D t CiLy EN7ahs Genraphit Infamiafi t famiafi-11 0 C I -6- 39-0-07 • EXHIBIT B Proposed West Evanston Building Moratorium Extension with revised. boundaries U-JIL; —�: 4 mill NP M k1i 1. isi WV: -.HT Moratorium Area Building Footprint 11 L Tax Parcel 773 2 = r L ,wr L rFm- .1 1:1-t 1,I)o 500 0 Feet 19 E A rMTE cil,N of EvaTistoly Geographic Infam atior, .? N*- - -7-