HomeMy WebLinkAboutORDINANCES-2005-091-O-05• 7/19/2005
91-0-05
AN ORDINANCE
Extending by 90 Days the Moratorium
Established by Ordinance 43-0-05 and
Extended by Ordinance 56-0-05 on Issuance of
Building Permits for That Portion of Central Street
Between Bennett Avenue and Marcy Avenue
WHEREAS, the City Council enacted Ordinance 43-0-05 on
March 14, 2005 to provide for a moratorium until June 11, 2005 on certain
building construction on Central Street between Bennett Avenue and Marcy
• Avenue ("the moratorium area"), presently located in a B2 Zoning District; and
WHEREAS, the moratorium was established to prevent
construction which is, for the most part, irreversible, during the City's
consideration of potential amendments to the zoning regulations set forth in
Title 6 of the City Code as they apply to the moratorium area; and
WHEREAS, the Plan Commission's full agenda has not allowed
for scheduling of a public hearing to consider various potential amendments to
provide for optimum zoning regulations in the moratorium area; and
WHEREAS, the conditions and reasons which gave rise to the
moratorium still exist; and
•
91-0-05
WHEREAS, the City Council extended the aforedescribed •
moratorium to September 9, 2005 by Ordinance 56-0-05, adopted on
May 23, 2005; and
WHEREAS, Section 8 of Ordinance 56-0-05 provides that the
City Council may, upon finding that continuation of the moratorium for further
study beyond the ninety (90) days established thereby would serve public
health, welfare, and safety, provide by Ordinances(s) for extension(s)
thereof; and
WHEREAS, at its July 25, 2005 meeting, the Planning and
Development Committee considered a ninety- (90-) day extension of the
moratorium and determined that said additional time would be necessary to
allow for completion of all tasks precedent to City Council consideration of any •
recommended amendments to the Zoning Ordinance; and
WHEREAS, the City Council hereby finds that a ninety- (90) day
continuation of said moratorium would serve public health, welfare, and safety
by allowing time for the Plan Commission to conduct a public hearing,
complete its study, and make its recommendation to City Council, and for City
Council consideration thereof, and
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.
6,
—2—
91-0-05
• SECTION 2: That the City Council hereby finds that continuation
of the moratorium for further study beyond the period established by
Ordinance 43-0-05 and extended by Ordinance 56-0-05 would serve the
public health, welfare, and safety inasmuch as the conditions and reasons
which gave rise to the moratorium still exist.
SECTION 3: That the moratorium established .and declared by
Ordinance 43-0-05 and extended by Ordinance 56-0-05 is hereby extended
for an additional ninety (90) days on the issuance of any permits for building
construction in the area described as "all properties located on Central Street
between Bennett Avenue and Marcy Avenue", the moratorium area; and
SECTION 4: That the City Manager and all other City officers
is and personnel are authorized hereby to refuse acceptance of any application
for a special use, planned development, unique use, variation, or any
combination thereof and are further authorized to deny. issuance of any
building permit, in the moratorium area, except as provided in Section 6 of
this Ordinance.
SECTION 5: That the Plan Commission is hereby' authorized
and directed to continue to study and review the zoning regulations in the
moratorium area, and to make any recommendations that they may have
regarding amendments to such regulations, and any related provisions of the
Zoning Ordinance, to the Planning and Development Committee and the
0 City Council.
—3—
91-0-05
SECTION 6: That this Ordinance shall not apply in the following •
circumstances:
(a) Where a perfected building permit application is on file
with the City on or prior to the effective date of Ordinance 43-0-05; or
(b) Where the City Manager or her designee determines that
the issuance of a demolition permit for a property within the moratorium area
is necessary and in the interest of the public health, safety, or welfare.
SECTION 7: That this moratorium shall continue in force and
effect through December 8, 2005.
SECTION 8: That the City Council may, upon finding that
continuation of the moratorium for further study beyond the period authorized
hereby would serve public health, welfare, and safety, may provide by •
Ordinance(s) for extension(s) thereof.
SECTION 9: 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 provision or application.
SECTION 10: That all ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 11: That this Ordinance shall be in full force and
effect from and after its passage, approval, and publication in the manner
provided by law.
•
MZ
•
Introduced: 'L 2 `-
Adopted: cJ f'Q4_ 1 Z
Attest:
Mary F�- I(O
is,_�ity Clerk
i t
Ap , tit
ved as to form:
Cokoration Counsel
, 2005
, 2005
Approved:
91-0-05
13 , 2005
rraine H. Morton, Mayor
—5—