HomeMy WebLinkAbout038-O-23 Amending Section 6-9-2-3 of the City Code Adding Performance Event Venues As A Special Use in the B1 Business District3/27/2023
38-O-23
AN ORDINANCE
Amending Section 6-9-2-3 of the City Code Adding Performance Event
Venues As A Special Use in the B1 Business District
WHEREAS, the City of Evanston is a home-rule municipality pursuant to
Article VII of the Illinois Constitution of 1970; and
WHEREAS, as a home rule unit of government, the City has the authority
to adopt legislation and to promulgate rules and regulations that protect the public
health, safety, and welfare of its residents; and
WHEREAS, Article VII, Section 6(a) of the Illinois Constitution of 1970,
states that the “powers and functions of home rule units shall be construed liberally,”
was written “with the intention that home rule unit be given the broadest powers
possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164, 174-75 (1992)); and
WHEREAS, it is a well-established proposition under all applicable case
law that the power to regulate land use through zoning regulations is a legitimate means
of promoting the public health, safety, and welfare; and,
WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1,
et seq.) grants each municipality the power to establish zoning regulations; and,
WHEREAS, pursuant to its home rule authority and the Illinois Municipal
Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the
Evanston City Code of 2012, as amended (“the Zoning Ordinance”); and
WHEREAS, Hana Samuels of Blue Star Properties and applicant on
behalf of the property located at 1243-45 Chicago Avenue in the B1 Business District,
~1~
Page 1 of 5
38-O-23
~2~
has petitioned the City Council of the City of Evanston, for approval of an amendment to
Section 6-9-2-3 of the Zoning Ordinance (“Code Amendments”) per Section 6-3-4-6 of
the City Code and in relation to their application for a Special Use Permit to allow for a
performance entertainment venue on the property and one Major Variation to not
provide one (1) loading stall where one (1) is required by City Code Section 6-16-5,
Table 16-E for an addition to an existing Type 1 Restaurant (Union Pizzeria) in the B1
Business District; and
WHEREAS, following due and proper publication of notice in Evanston
Review, a suburban publication of the Chicago Tribune, not less than fifteen (15) nor
more than thirty (30) days prior thereto, on February 22, 2023, the Evanston Land Use
Commission (“LUC”) held a public hearing, regarding case no. 23PLND-0007 to
consider an amendment to the text of Title 6 of the Evanston City Code of 2012, as
amended (the “Zoning Ordinance”), to consider the proposed Code Amendment at
which evidence, testimony, and exhibits in support of the Code Amendment were
presented, and at which interested parties were provided the opportunity to provide
public comment; and
WHEREAS, the LUC received testimony and made written findings
pursuant to Section 6-3-4-5 of the Zoning Ordinance that the proposed amendments
met the Standards for Amendments, and by a vote of eight (8) “yays” and zero (0)
“nays” recommended City Council approval thereof with the below findings incorporated
into the record:
1. Whether the proposed amendment is consistent with the goals, objectives, and
policies of the Comprehensive General Plan, as adopted and amended from time
to time by the City Council: The current use is in existence and meets the plan
goals.
Page 2 of 5
38-O-23
~3~
2. Whether the proposed amendment is compatible with the overall character of
existing development in the immediate vicinity of the subject property: SPACE
has been successfully operating for years and is compatible with the character of
the neighborhood.
3. Whether the proposed amendment will have an adverse effect on the value of
adjacent properties: No serious issues have been provided as testimony having
an adverse effect.
4. The adequacy of public facilities and services: Yes, facilities are adequate.
WHEREAS, at its meeting of March 27, 2023, the Planning and
Development Committee of the City Council (“P & D Committee”) considered and
adopted the findings and recommendation of the LUC in case no. 23PLND-0007 and
recommended City Council approval thereof; and
WHEREAS, at its meetings of March 27, 2023 and April 10, 2023, the City
Council considered and adopted the respective records, findings, and recommendations
of the LUC and the P & D Committee, as amended,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The foregoing recitals are hereby found as fact and
incorporated herein by reference.
SECTION 2: Section 6-9-2-3 of the Zoning Ordinance, “Special Uses” of
the Evanston City Code of 2012, as amended, is hereby amended as follows:
6-9-2-3. - SPECIAL USES.
The following uses may be allowed in the B1 district, subject to the provisions set forth
in Section 6-3-5, "Special Uses," of this Title:
Administrative review uses, pursuant to Section 6-3-5-16(B) "Applicable Uses."
Animal hospital.
Aquaponics.
Page 3 of 5
38-O-23
~4~
Banquet hall.
Bed and breakfast establishments.
Boarding house.
Business or vocational school.
Convenience store.
Craft alcohol production facility.
Daycare center—Adult.
Daycare center—Child.
Daycare center—Domestic animal.
Dwelling—Multiple-family.
Dwelling—Single-family detached.
Food store establishment.
Funeral services excluding on-site cremation.
Government institutions.
Kennel.
Membership organization.
Micro-Distillery.
Open sales lot.
Performance Entertainment Venue.
Planned development.
Public utility.
Religious institution.
Resale establishment.
Page 4 of 5
38-O-23
~5~
Residential care home—Category II.
Urban farm, rooftop.
Uses permitted pursuant to Section 6-9-2-2 of this Chapter and this Section exceeding
seven thousand five hundred (7,500) square feet.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 4: If any provision of this ordinance or application thereof to
any person or circumstance is held unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 5: This ordinance shall be in full force and effect from and after
its passage, approval and publication in the manner provided by law.
SECTION 6: The findings and recitals contained herein are declared to
be prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
Introduced: _________________, 2023
Adopted: ___________________, 2023
Approved:
__________________________, 2023
_______________________________
Daniel Biss, Mayor
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Approved as to form:
______________________________
Nicholas E. Cummings, Corporation Counsel
Page 5 of 5
March 27
April 10 April 11