HomeMy WebLinkAbout108-O-23 Granting a Special Use for a Planned Development to Demolish the Existing Ryan Field and Ancillary Maintenance Building and Construct A New Stadium in the U2 University Athletics Facilities District11/20/2023
108-O-23
AN ORDINANCE
Granting a Special Use for a Planned Development to Demolish the
Existing Ryan Field and Ancillary Maintenance Building and Construct
A New Stadium in the U2 University Athletics Facilities 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
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WHEREAS, Northwestern University, (“Applicant”) has petitioned the City
Council of the City of Evanston for approval of a Planned Development to demolish the
existing Ryan Field and ancillary maintenance building and construct a new one
hundred sixteen foot (116’) tall stadium with a 35,000 spectator capac ity in the U2
University Athletics Facilities District, located at 1501 Central Street, legally described
herein (“Subject Property”), attached hereto and incorporated herein by reference as
Exhibit “A”; and
WHEREAS, Applicant has petitioned the City Council of the City of
Evanston, for approval of the following (collectively, the “Zoning Approval”):
A. A Special Use Permit for a Planned Development on the Subject Property
per Section 6-3-6 of the Zoning Ordinance.
B. The following Site Development Allowances as permitted by Section 6-3-6
of the Zoning Ordinance:
1. 1,408 total parking spaces (515 on-site, 893 in parking lot
within 1,000 feet) where 4,364 are required for the principal
uses on the zoning lot
2. A landscape strip of less than 35 feet (specifically, 16 feet, 3
inches at closest point at the north-south and east-west
property lines at the northeast corner of the lot) where 35
feet is required when abutting a residential district, and
3. Open parking area with a 6 feet, 10 inch interior side yard
setback where 15 feet is required
all to allow the construction and operation of a 116-foot tall stadium with a 35,000
spectator capacity on the Subject Property in the U2 University Athletics Facilities
District; and
WHEREAS, following due and proper publication of notice in the Pioneer
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North not less than fifteen (15) nor more than thirty (30) days prior thereto, and following
proper written notice to property owners, and following the placement of signs on the
Subject Property not less than ten (10) days prior thereto, the Evanston Land Use
Commission (“LUC”) conducted public hearings on September 6, 2023, September 27,
2023, and October 11, 2023 regarding case no. 23PLND-0035 to consider the
requested Zoning Approval at which the Applicant presented evidence, testimony, and
exhibits in support of the Zoning Approval, and at which interested parties were
provided the opportunity to provide public comment; and
WHEREAS, after having considered the evidence presented, the LUC
made the following findings regarding standards for a special use pursuant to Section 6-
3-5-10:
1. Is one of the listed special uses for the zoning district in which the property lies:
The stadium is a permitted use in the U2 District, so the standard is met.
2. Complies with the purposes and the policies of the Comprehensive General Plan
and the Zoning ordinance as amended from time to time: The Comprehensive
General Plan and the Zoning Ordinance support the growth and evolution of the
University while recognizing its place in a residential environment. The proposed
stadium aligns with these plans and regulations and aims to minimize adverse
effects such as traffic congestion, so the standard is met.
3. Will not cause a negative cumulative effect, when its effect is considered in
conjunction with the cumulative effect of various special uses of all types on the
immediate neighborhood and the effect of the proposed type of special use upon
the City as a whole: The rebuilding of the stadium offers an opportunity to
address existing issues related to traffic management, sound mitigation, and
accessibility. The reduced capacity of the stadium will likely have a positive
impact on the neighborhood and so the standard is met.
4. Does not interfere with or diminish the value of property in the neighborhood: The
construction of a smaller, more efficient stadium for football is expected to
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enhance the overall neighborhood and potentially increase property values
therefore the standard is met.
5. Is adequately served by public facilities and services: The development of a
state-of-the-art stadium will increase the demand on public facilities and services,
necessitating coordination between the University, the City, and MWRD for water
detention and management. The expectation is that the University is willing to
invest in necessary improvements to enhance their facility's functionality, thereby
meeting this standard.
6. Does not cause undue traffic congestion: The construction of the stadium will
impact traffic in the area, but there is an opportunity to create a more effective
traffic management plan and so the standard is met.
7. Preserves significant historical and architectural resources: The present
stadium, although designed by a prominent architect, is not historically
significant. The University is in discussions with the Potawatomi Tribe to address
their concerns regarding the protection of artifacts which will be noted as a
condition in the decision, so the standard is met.
8. Preserves significant natural and environmental resources: The proposal
includes a better use of the environment by utilizing outdoor spaces for various
events in the future. The plan addresses stormwater management and aligns
with sustainability standards, including LEED Gold certification, the Green
Building Ordinance, as well as Bird Friendly Evanston meeting the standard.
9. Complies with all other applicable regulations of the district in which it is located
and other applicable ordinances, except to the extent such regulations have been
modified through the planned development process or the grant of a variation:
Replacing a 100-year-old stadium with a more efficient, accessible, and code-
compliant facility meets the standard.
WHEREAS, after having considered the evidence presented, the LUC
made the following findings regarding standards for Special Use for Planned
Developments pursuant to Section 6-3-6-9:
1. The requested Site Development Allowance(s) will not have a substantial
adverse impact on the use, enjoyment or property values of adjoining properties
that is beyond a reasonable expectation given the scope of the applicable Site
Development Allowance(s) of the Planned Development location: The request
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for the stadium site allowances aligns with the existing conditions on the site,
including setbacks and parking so the standard is met.
2. The proposed development is compatible with the overall character of existing
development in the immediate vicinity of the subject property: The proposed
stadium design aligns with modern standards and improvements that are
necessary for a 21st-century collegiate stadium thus meeting the standard.
3. The development site circulation is designed to in a safe and logical manner to
mitigate potential hazards for pedestrians and vehicles at the site and in the
immediate surrounding area: The development site circulation is well-planned to
ensure the safety of pedestrians and vehicles in the area and builds upon a
century of experience operating football games on the site, so the standard is
met.
4. The proposed development aligns with the current and future climate and
sustainability goals of the City: The proposed stadium design incorporates
various codes, ordinances, and guidelines, incorporating bird-friendly building
design, and using eco-friendly materials so the standard is met.
5. Public benefits that are appropriate to the surrounding neighborhood and the
City as a whole will be derived from the approval of the requested Site
Development Allowance(s): Several public benefits have been discussed,
including local hiring initiatives for minority and women-owned businesses,
marketing and advertising support for Central Street, an all-electric Net Zero
Ryan Field, additional Divvy bike stations, environmental considerations such as
storm sewer replacement and others so the standard is met.
WHEREAS, at its meetings on October 30, 2023 and November 13, 2023,
held in compliance with the Illinois Open Meetings Act, the City Council considered the
aforementioned findings of fact, as amended and outlined herein, and finds it
appropriate to grant the Zoning Approval as recommended by the Land Use
Commission; and
WHEREAS, it is well-settled law that the legislative judgment of the City
Council must be considered presumptively valid (see Glenview State Bank v. Village of
Deerfield, 213 Ill. App.3d 747) and is not subject to courtroom fact-finding (see National
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Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The City Council has considered the findings and
recommendations of the LUC and the foregoing recitals are hereby found and adopted
as fact with regard to the requested Zoning Approval.
SECTION 2: Pursuant to the terms and conditions of this ordinance, the
City Council hereby grants the Zoning Approval as applied for in zoning case no.
23PLND-0035, being as follows:
A. A Special Use Permit for a Planned Development on the Subject Property
per Section 6-3-6 of the Zoning Ordinance.
B. The following Site Development Allowances as permitted by Section 6-3-6
of the Zoning Ordinance:
1. 1,408 total parking spaces (515 on-site, 893 in parking lot within 1,000
feet) where 4,364 spaces are required for the principal uses on the
zoning lot
2. A landscape strip of less than 35 feet (specifically, 16 feet, 3 inches at
closest point at the north-south and east-west property lines at the
northeast corner of the lot) where 35 feet is required when abutting a
residential district, and
3. Open parking area with a 6 feet, 10 inch interior side yard setback
where 15 feet is required
all to allow the demolition of the current Ryan Field and ancillary maintenance building
and construction and operation of a new one hundred sixteen (116) foot tall stadium
with seating capacity of approximately 35,000 spectators.
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SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance,
the City Council imposes the following conditions on the aforementioned Zoning
Approval granted hereby, being a Special Use Permit for a Planned Development with
Site Development Allowances as requested under zoning case no. 23PLND-0035,
which may be amended by future ordinance(s), and violation of any of which shall
constitute grounds for penalties or revocation of said Special Use Permit pursuant to
Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance:
1. A Traffic Management Plan for all events with expected capacity of more
than 5,000 attendees at the stadium shall be finalized prior to the completion of con-
struction and shall be reviewed administratively on an annual basis and when changes
to events are proposed.
2. A Memorandum of Understanding (MOU) between the City of Evanston
and Northwestern University shall be approved that includes but is not limited to the fol-
lowing:
● Use and reimbursement of City services for events.
● Coordination meetings for events.
● Security Plan
● Sustainability Plan
● Traffic Management Plan
● Alcohol Controls
● Public Benefits
● Community Input
3. Implementation of mitigation measures at the University’s expense su g-
gested within the Environmental Assessment Review and subsequent Peer Review, in-
cluding but not limited to:
● Maintain use of best practice design elements proposed for the stadi-
um including, utilization of a distributed house sound system within the
seating bowl that limits noise levels to 70 DBH at the property line for all
athletic events, use of enclosures and walls that help reduce sound emis-
sions to the surrounding community.
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● Add vertical barriers around the concourse areas or other openings in
the stadium. Barriers can be permanent or retractable. Utilization of
sound-absorbing materials on the exterior of stadium structures where ap-
propriate and effective shall also be incorporated into the building design.
● Implement the Best Management Practices (BMP) listed in the Trans-
portation Management Plan (TMP) to reduce traffic generated noise.
Incorporate sound dampening materials into design of mechanical
equipment enclosure.
4. Implementation of mitigation measures at the Applicant’s cost suggested
within the Traffic Impact Study and subsequent Peer Review, including but not limited
to:
● Implement specific roadway improvements where necessary, feasible
and practical, including:
● Identify and design mitigation measures to enhance pedestrian safe-
ty.
● Enhance connections and linkages to transit.
● Include on-site transit information kiosks.
● Provide off-site parking for employees.
● Ensure ongoing compliance with the City of Evanston Multi-Modal
Transportation Plan.
5. Use of the plaza shall comply with all City Codes relating to noise.
6. Truck traffic and deliveries used for events to load and unload equipment
shall be limited to the below grade area.
7. That the development complies with Chapter 4-13, Floodplain Regula-
tions, of the Evanston City Code and the Watershed Management Ordinance of the
Metropolitan Water Reclamation District, prior to the issuance of any building permits;
8. That the development complies with the City’s bird-friendly design re-
quirements per Ordinance 83-O-22 and Green Building Ordinance 82-O-22 prior to the
issuance of any building permits;
9. That the development complies with the City’s electric vehicle parking r e-
quirements per §4-2-2, Table 406.2.7.2 of the City Code prior to the issuance of any
building permits.
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10. That the Applicant repair any damage done to public right-of-ways as a
result of construction on site.
11. That the Applicant sign and agrees to a Construction Management Plan
(CMP) with the City of Evanston prior to the issuance of any building or demolition per-
mits. The CMP must include but is not limited to the following: water and sewer utility
connections, construction staging plan, off-site and on-site construction parking re-
strictions, construction truck routes, hours of operation, a plan including cross-sections
showing pedestrian access around the site with the use of curb ramps, signage and/or
striping, if necessary, foundation survey of surrounding structures including weekly re-
porting of seismographs for the duration of demolition and construction, submittal of en-
vironmental testing report prior to construction, visibility diagram for all construction site
access points, a proposed schedule for street opening for utility connections with cross-
section details, traffic management plan that addresses events being held in the U2 Dis-
trict during construction, and a communications plan including but not limited to project
updates via monthly newsletter and project website.
12. That the Applicant must record the approving ordinance with the Cook Coun-
ty Clerk’s Office.
13. A Ryan Field Sustainability Plan that includes both “Construction” and
“Operations” with either an all-electric net zero building or a pathway to net zero green-
house gas emissions by 2040 where feasible:
a. “Construction”
1. Provide plan for deconstruction (not demolition) of the existing
structure.
2. Provide plan for onsite materials reuse
3. Use low-carbon steel and low-carbon concrete
4. Calculate embodied carbon
5. Conduct feasibility study of greywater digester for food prep waste
in concession areas
6. Collaborate with ComEd on full building electrification, EV charging,
and available incentives.
7. Conduct new feasibility study of solar PV or solar parking canopies
b. “Operations”
1. Plan a path towards net zero greenhouse gas emissions that pri-
marily addresses emissions from the building’s energy usage by
2040
2. Include food waste diversion services within the Stadium Complex.
3. Include reusable food and beverage wares and the needed infra-
structure.
4. Provide litter management plans for parking lot and neighboring ar-
eas
5. Install hand dryers in restrooms
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6. Utilize all electric shuttle buses for the transportation management
plans for events.
14. The Applicant consults with Native American Tribal representatives and
the State Historic Preservation Office relating to archaeological oversight before and
during excavation and construction to ensure that Native American ancestral burials and
archaeologically sensitive sites are treated in an appropriate manner.
15. The Applicant continues to engage with and address concerns from the
community with respect to the adequacy of on-site and off-site parking, pursuant to the
Memorandum of Understanding.
16. The Applicant provides funding for the City to initiate an independent peer
review of the stormwater management system and the geotechnical aspects of the pro-
ject.
17. The Applicant shall develop and operate the Planned Development au-
thorized by the terms of this ordinance in substantial compliance with the following: the
terms of this ordinance; the Development Plan in Exhibit B, attached hereto and incor-
porated herein by reference; all applicable City Code requirements; the Applicant's tes-
timony and representations and documents to the Land Use Commission and the City
Council.
18. The Applicant will provide the following public benefits:
In accordance with Section 6-3-6-3 of the Evanston Zoning Ordinance, in order to
provide benefits to the surrounding neighborhood and the City as a whole from the Ap-
proval Ordinances, to foster a broader relationship and strengthen a deeper connection
between Northwestern and the entire Evanston community, and to help provide more
opportunities for additional future collaboration and partnership between the Northwest-
ern and the Evanston community as a whole, and assuming the passage of the Approv-
al Ordinances, Northwestern retains its original rights therein, a new Ryan Field is re-
built, and a legal and regulatory environment that is substantially similar as existed as of
the Effective Date, Northwestern agrees to the following public benefits:
For a period of fifteen (15) years commencing in 2024:
a) Pay the City $3,000,000 annually as a Good Neighbor Fund, to further projects of
interest to the City and Northwestern, with final decision of such projects being that
of the City with a minimum of $1,000,000 dollars annually will be placed into the
City’s Affordable Housing Fund and a minimum of $500,000 will be placed into the
City’s Climate Action and Resiliency Fund.
For the first ten (10) years, on each annual anniversary date of this Memorandum,
the Good Neighbor Fund contribution will be adjusted by the change in the Consum-
er Price Index for the Chicago-Naperville-Elgin area published by the Bureau of La-
bor Statistics of the U.S. Department of Labor for the twelve -month period ending
with the month preceding such annual anniversary date, with such CPI adjustment
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being capped at 3% for each twelve-month period. For years 11-15, the annual
amount will be the same as year 10.
b) An annual investment of $500,000 (as supported by a $10 million gift from the Ryan
family to Northwestern) in Evanston local workforce development programming and
upskilling initiatives, which may include contributions to other organizations, City
programs or Northwestern programs that are committed to workforce development in
Evanston. The City and Northwestern shall work together to develop the local work-
force development program.
c) An annual investment of $500,000 in racial equity programming, which may include
contributions to other organizations or City programs committed to racial equity.
d) Contribute at least $1,000,000 per year in aggregate to Evanston nonprofit organiza-
tions, community groups, faith-based institutions and/or schools, which contributions
shall be documented and provided to the City.
e) Enhance efforts to increase applications and admittance of Evanston high school
students to Northwestern, including by establishing a fund of at least $2,000,000 per
year to award financial aid to such students.
f) Contribute at least $250,000 annually towards the revitalization of downtown Evans-
ton, including programs such as the “clean team,” with the goal of continuing to
make the downtown business district attractive for Northwestern students and Ev-
anston community members alike.
g) Develop a local hiring and contracting program for design and construction jobs that
encourages the hiring of minority and women-owned business enterprises
(“M/WBE”), with priority given to Evanston-based businesses, which program shall
reasonably target at least thirty-five percent 35% M/WBE participation in the design
and construction of Ryan Field. In connection with its commitment to achieve 35%
M/WBE participation, Northwestern shall implement or cause to be implemented ini-
tiatives for maximizing participation in the design and construction of Ryan Field, in-
cluding: developing and maintaining a project website where contractors and ven-
dors can access all project documents and sign up to receive notifications; collabo-
rating with local, small and minority business organizations to identify firms that may
be interested in participating in the project, including, by way of example only, Re-
building Exchange, Hire360, HACIA and the Evanston Chamber of Commerce; host-
ing pre-construction job fairs; encouraging partnerships between M/WBEs and other
vendors; and participating in workforce development initiatives. Northwestern shall
publicize its progress towards the commitments above by providing transparent out-
line of efforts and reports at each major stage of the project.
h) In partnership with the Kellogg School of Management, provide marketing and ad-
vertising support during the period of construction to help local businesses (including
through the Central Street Business Association) maximize the positive impact of the
new stadium. Engage with the City and other business districts during the construc-
tion period to endeavor to develop a cohesive plan to leverage the additional visitors
to Evanston driven by Concerts to benefit businesses across the City. Such plan
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may include elements such as ticket packages, meal discounts, marketing, and
parking/transportation coordination.
i) Partner with the City to assist with fundraising efforts for the Guaranteed Basic In-
come Program.
j) Coordinate with the City to establish an internship program at the City for North-
western students.
k) Partner with the City to evaluate and explore joint development projects in a manner
that can strategically address key issues and opportunities in the City. Where im-
pactful, make available and utilize the University’s research and policy expertise to
inform decision-making on key issues.
For a period of fifteen (15) years commencing in the year of completion of the
newly rebuilt Ryan Field:
a) Implement a Concert ticket surcharge in the targeted amount of $3 per ticket and
coordinate with the City to remit the proceeds equitably between the two Evanston
public school districts to be used for equitable purposes, and Northwestern will
guarantee such proceeds of at least $500,000 in the aggregate annually.
For the first ten (10) years, on each annual anniversary date of this Memorandum,
such guaranteed proceeds from the Concert ticket surcharge will be adjusted by the
change in the Consumer Price Index for the Chicago-Naperville-Elgin area published
by the Bureau of Labor Statistics of the U.S. Department of Labor for the twelve-
month period ending with the month preceding such annual anniversary date, with
such CPI adjustment being capped at 3% for each twelve-month period. For years
11-15, the annual amount will be the same as year 10.
b) Guarantee at least $2,500,000 in tax revenue, from liquor and amusement taxes col-
lected directly from all events held at Ryan Field. A minimum of $1,000,000 annually
of the tax revenue received by the City will be placed into the City’s Affordable Hous-
ing Fund. Annually, provide the City with the difference between (a) $2,500,000 and
(b) the amount of taxes collected annually by the City from all events held at Ryan
Field. In connection with the foregoing, the City shall provide Northwestern with the
amount of collected taxes the previous year by January 31 and Northwestern shall
pay the difference, if any, due within 60 days. Such $2,500,000 tax guarantee is reli-
ant on the ability of Northwestern to rebuild Ryan Field and host Concerts at Ryan
Field as provided for in the Approval Ordinances without unreasonable restraints im-
posed by the City beyond those contained in the Approval Ordinances, provided that
the amusement and liquor tax rates in effect as of the Effective Date shall not be
deemed unreasonable restraints. In the event that Northwestern demonstrates that
such unreasonable restraints being imposed by the City adversely effect Concerts
beyond general market risk factors, then such public benefit will be reduced and/or
eliminated accordingly at Northwestern’s discretion. Any disputes between the Par-
ties related to such restraints and their impact on Concerts that remain unresolved
after good faith negotiations between the Parties shall then be subject to mediation.
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For the first ten (10) years, on each annual anniversary date of this Memorandum,
such guaranteed tax revenue from liquor and amusement taxes collected directly
from all events held at Ryan Field will be adjusted by the change in the Consumer
Price Index for the Chicago-Naperville-Elgin area published by the Bureau of Labor
Statistics of the U.S. Department of Labor for the twelve-month period ending with
the month preceding such annual anniversary date, with such CPI adjustment being
capped at 3% for each twelve-month period. For years 11-15, the annual amount will
be the same as year 10.
c) Host and co-sponsor with the City an annual signature event in Evanston, contrib-
uting at least $250,000 per year to such programming. The City shall determine the
details for the signature event, which shall be coordinated with Northwestern.
d) Provide reasonable access for the public to the new open spaces from 7:00am to
9:00pm free of charge, subject to reasonable rules and regulations and closures for
other purposes.
e) Use efforts to communicate with any Concert promoters to determine whether ad-
vance ticket pre-sale windows or other ticket arrangements might be made available
exclusively for members of the Evanston community.
f) Coordinate community movie nights and seasonal festivals at dates and times in-
formed by public input, free of entry charge.
g) Coordinate with the City to facilitate the installation of a local, Evanston-focused mu-
ral on the southeast façade of the rebuilt Ryan Field which may include Evanston-
focused promotion, text and/or names.
For the avoidance of doubt, none of the above eighteen (18) public benefits shall be
binding, enforceable or paid unless the Approval Ordinances are passed, Northwestern
retains its original rights therein, a new Ryan Field is rebuilt, and the legal and
regulatory environment is substantially similar as existed as of the Effective Date.
Northwestern agrees it will not hold Concerts as authorized by Ordinance 107-O-23 un-
less Ryan Field is rebuilt. However, if the Approval Ordinances are passed but North-
western decides not to rebuild a new Ryan Field , Northwestern agrees to the following
single public benefit (which shall not be deemed a tax or payment in lieu thereof):
For a period of ten (10) years commencing in 2024:
1. Pay the City $3,000,000 annually as a Good Neighbor Fund, to further projects of
interest to the City and Northwestern, with final decision of such projects being that
of the City (which shall include Affordable Housing).
On each annual anniversary date of this Memorandum, the Good Neighbor Fund
contribution will be adjusted by the change in the Consumer Price Index for the Chi-
cago-Naperville-Elgin area published by the Bureau of Labor Statistics of the U.S.
Department of Labor for the twelve-month period ending with the month preceding
such annual anniversary date, with such CPI adjustment being capped at 3% for
each twelve-month period.
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19. The Applicant shall follow the general conditions, site controls and stand-
ards as enumerated in Section 6-18-1-9 of the Evanston City Code.
SECTION 4: When necessary to effectuate the terms, conditions, and
purposes of this ordinance, “Applicant” shall be read as “Applicant’s tenants, agents,
assigned, and successors in interest.”
SECTION 5: The City Council may, for good cause shown, waive or
modify any conditions set forth in this Ordinance without requiring that the matter return
for public hearing.
SECTION 6: The Building Official is hereby authorized and directed to
issue building permits for the Subject Property, consistent with the approvals granted
herein, provided that all conditions set forth hereinabove have been met and that the
requested construction complies with all other applicable laws and ordinances. This
grant of the approvals shall expire and become null and void twenty-four (24) months
from the date of passage of this Ordinance per Section 6-3-6-4(D) unless a building
permit to begin construction per this Ordinance is applied for within said twenty-four (24)
month time period and construction is continuously and vigorously pursued provided,
however, the City Council, by motion, may extend the period during which permit
application, construction, and completion shall take place.
SECTION 7: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
SECTION 8: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
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SECTION 9: If any provision of this ordinance or application thereof to
any person or circumstance is ruled 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 10: 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:
______________________________
Alexandra B. Ruggie, Interim Corporation Counsel
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October 30
November 20
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November 26
108-O-23
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EXHIBIT A
LEGAL DESCRIPTION
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108-O-23
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EXHIBIT B
Development Plan
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