HomeMy WebLinkAboutORDINANCES-2007-090-O-07•
90-0-07
AN ORDINANCE
9/17/2007
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 2200 Central
Street (the "Moratorium Area"); and
WHEREAS, the moratorium provided for a one hundred eighty
(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 adopted Ordinance 31-0-07 on
February 26, 2007, to provide for a one hundred twenty (120) -day extension of
the moratorium, expiring on July 8, 2007; and
WHEREAS, the City Council adopted Ordinance 62-0-07 on June
25, 2007, to provide for a ninety-five (95) -day extension of the moratorium,
expiring on October 12, 2007; and
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WHEREAS, the City Council approved the hiring of consultants at is
its meeting of November 13, 2006 to provide Planning Services within the
Moratorium Area; and
WHEREAS, the consultants studied the issues presented and
prepared a plan (the "Central Street Master Plan") addressing land use and
appropriate development planning issues for consideration by the Plan
Commission and City Council; and
WHEREAS, at its June 13, 2007 meeting, the Plan Commission
voted to recommend the Central Street Master Plan to the Planning and
Development Committee of the City Council; and
WHEREAS, at its July 9, 2007 meeting, the Planning and
Development Committee considered and adopted the Plan Commission's 0
recommendation to approve the Central Street Master Plan; and
WHEREAS, Section 3 of 90-0-06 provides that the City Council
may, upon finding that continuation of the moratorium for further study beyond
the one hundred eighty (180) 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 one hundred twenty (120) days for the Moratorium Area is
necessary to allow time for the Plan Commission and City Council to conduct
public hearings regarding possible rezoning and related issues consistent with
the Central Street Master Plan; and
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• WHEREAS, the City Council finds that extending 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.
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, extended for one hundred twenty
(120) days by Ordinance 31-0-07, and re -extended for ninety-five (95) days by
Ordinance 62-0-07, is hereby extended for an additional one hundred twenty
(120) days, expiring on February 9, 2008, 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.
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SECTION 3: That, to enforce the provisions of this Ordinance •
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:
(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 September 11, 2006; 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.
SECTION 4: That the City Council may, upon finding that •
continuation of the moratorium for further study beyond the one hundred twenty
(120) 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.
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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:,59, �6.tiJe-,(. aLV , 2007 Approved:
Adopted: �'� , 2007 i��C �1 , 2007
r �
h,
Lo raine H. Morton, Mayor
Attest:
Mary o i , ity Clerk
Appt-ed as to for
HerYert D. Hill
First Assistant Corporation Counsel
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