HomeMy WebLinkAboutORDINANCES-2006-090-O-06A
• 9/13/2006
8/9/2006
8/4/2006
90-0-06
AN ORDINANCE
Establishing a 180-day Moratorium on the
Issuance of Building Permits for Construction on Central Street
from Ashland Avenue to 2200 Central
WHEREAS, the City of Evanston is a home rule municipality pursuant
to the Illinois Constitution of 1970; and
WHEREAS, the City adopted a Zoning Ordinance in 1993 pursuant
to its home rule powers which, among other things, divided the City into various
Zoning Districts, regulated the types of land uses allowable in those Districts, and
placed certain restrictions on those land uses, including, but not limited to, lot size
and restrictions on the location, height, bulk, density, and setbacks of the
structures thereon; and
WHEREAS, the purposes and intents of the Zoning Ordinance as set
forth therein include "Promoting the public health, safety, comfort, morals,
convenience, general welfare, and the objectives and policies of the Comprehensive
General Plan, as adopted and amended, from time to time, by the City Council";
"Preventing the overcrowding of land by regulating and limiting the height and bulk
of buildings hereafter erected, as said buildings relate to land area"; "Establishing,
regulating, and limiting the building or setback lines on or along streets, alleys, and
property lines"; "Regulating and limiting the intensity of the use of lot areas, and
regulating and determining the area of open spaces within the surrounding
buildings"; "Establishing standards to which buildings or structures shall conform";
"Prohibiting uses, buildings, or structures that are incompatible with the character of •
established zoning districts"; and "Encouraging the preservation and enhancement
of natural resources, historic resources, natural features, and aesthetic amenities
in the City;" and
WHEREAS, the City adopted a Comprehensive General Plan in 2000
which, among other things, adopted certain "Values and Goals", including:
"Neighborhood , assets should be enhanced while recognizing that each
neighborhood contributes to the overall social and economic quality of Evanston";
"Promote activities that help strengthen communities and improve neighborhood
quality of life"; "Evanston's housing stock should continue to offer buyers and
renters a desirable range of choice in terms of style and price"; "Buildings and
landscaping should be of attractive, interesting and compatible design"; and "The •
historic heritage of Evanston should continue to be identified and preserved for the
benefit of current and future residents;" and
WHEREAS, the 2000 Comprehensive General Plan provided for
implementation of its "Values and Goals by "Objectives". and "Policies/Actions"; and
WHEREAS, among the several "Objectives" were "Make quality design
a priority for the construction and maintenance of all property"; "Continue to identify
historic resources in Evanston"; "Promote Evanston's reputation as a community
where historic preservation is a vital part of the community's identity"; "Address
concerns about cost and affordability"; "Address high property tax concerns";
"Preserve Evanston's historic residential architecture and ambience"; "Maintain the
appealing character of Evanston's neighborhoods while guiding their change";
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• "Recognize the effect of housing on the quality of neighborhoods"; and "Maintain
and enhance property values and positive perceptions of housing in Evanston"; and
WHEREAS, among the "Policies/Actions" to implement the 2000
Comprehensive General Plan were "Encourage evaluation of structures, sites,
areas, and neighborhoods for their historical and cultural significance"; "Increase
recognition of historic preservation issues beyond architecture, including lakefront
preservation, preservation of open space, cultural history, personal history of
individuals, important events, sites associated with important events or individuals,
and societal trends"; "Continue to connect City officials with residents to address
issues identified as adversely affecting neighborhood quality of life"; "Continue
assisting neighborhoods to recognize and preserve their own historically significant
• assets"; "Encourage high quality design and a heightened sensitivity toward
appearance in proposed developments through the Site Plan and Appearance
Review Committee"; "Encourage collaboration among neighborhood stakeholders
(e.g., property owners, residents, businesses, and institutions) and City staff to
improve housing conditions that are negatively impacting surrounding property
values"; "Preserve neighborhood character while supporting redevelopment efforts
that add to neighborhood desirability"; "Encourage creative adaptive reuse of
properties available for redevelopment using zoning standards and the Site Plan
and Appearance Review process to protect historic character"; and "Encourage the
preservation and creation of neighborhood open and green space"; and
• WHEREAS, there has been substantial interest in new residential
development on former commercial land in the Central Street Commercial
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Corridor; and
WHEREAS, there is a community concern about the potential planned
developments and resulting density, and connectivity of new development to the
existing neighborhoods to the north and south; and
WHEREAS, a reference has been made by the City Council to the
Plan Commission for rezoning of some of the parcels located in this area; and
WHEREAS, the Plan Commission must conduct a public hearing and
prepare a report for consideration by the City Council; and
WHEREAS, the City has issued a Request for Qualifications and
Physical Planning Design Services for the Central Street corridor from Ashland
Avenue west to Hartrey Avenue ("Moratorium Area"); and
WHEREAS, the consultant the City selects to provide the aforesaid •
Services must study the issues presented and then prepare a report addressing
land use and appropriate development planning issues for consideration by the
City Council; and
WHEREAS, preparation -.of- the aforedescribed reports and their
consideration by the City Council are estimated to require one hundred eighty
(180) days; and
WHEREAS, construction of buildings is, for the most part, irreversible; and
WHEREAS, a moratorium during the City's review of possible re-
zoning in the Moratorium Area is necessary to prevent construction which may be
inconsistent with any revised zoning regulations; and •
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• WHEREAS, the Planning and Development Committee considered
this Ordinance at its meeting of August 14, 2006, and recommended City Council
approval thereof; and
WHEREAS, at its August 14, 2006 meeting, the City Council
considered the record and recommendation of the Planning and Development
Committee; and
WHEREAS, at its September 11, 2006 meeting, the City Council
adopted the record and recommendation of the Planning and Development
Committee,
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 made
a part hereof.
SECTION 2: That, in response to the need to consider appropriate
planning, design, and other issues with possible recommendation for related
amendments to the Zoning Ordinance -regarding properties located in the
Moratorium Area on Central Street from Ashland Avenue to Hartrey Avenue, a
one hundred eighty (180) -day moratorium is established and declared on the
application 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.
• SECTION 3: The City Council may, upon finding that continuation of
the moratorium for further study beyond the one hundred eighty (180) -day
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moratorium authorized hereby would serve the public health, welfare, and safety, •
provide by ordinance(s) for extension(s) thereof.
SECTION 4: This Ordinance shall not apply in the following
circumstances:
a) to a perfected building permit application for new construction,
rehabilitation, or repair which is on file with the City on or prior to the effective date
of this Ordinance;
b) to an application for a building permit filed to construct a
planned development at 1700 Central Street in the event City Council approves an
ordinance to allow said planned development;
c) to an application for zoning analysis filed for any planned
development applications filed prior to the adoption of this Ordinance 90-0-06. •
SECTION 5: That the Plan Commission, Preservation Commission,
and other appropriate City bodies are hereby authorized and directed to study and
review concerns about Zoning District regulations and other building and land use
regulations in.the Moratorium Area, as expressed in this Ordinance, and to make
any recommendations they may have for amendments to such regulations and
related provisions of the City Code to the City Council. Said bodies shall conduct
their study and review with regard for the purposes and intents of the Zoning
Ordinance and the "Values and Goals", "Objectives", and "Policies/Actions" of the
2000 Comprehensive General Plan, all as expressed in this Ordinance.
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• SECTION 6: That the City Manager is hereby directed to enforce the
moratorium provided for in this Ordinance during its period of effectiveness in
accordance with the terms of this Ordinance.
SECTION 7: 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 8: All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
SECTION 9: This Ordinance shall take effect immediately upon its
passage, due to the urgency of implementing a moratorium as aforedescribed to
• prevent inconsistent and incompatible development.
Introduced: UiC,c��,� )q , 2006 Approved:
_ 1.e s� �1
Adopted: �acs�' , 2006 (�' �j�..►�&? , 2006
�rraine
Morton, Mayor
Attest: Appr d as to for
Mary rP.�M4rri,yClerk Corppration Counsel
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