HomeMy WebLinkAbout107-O-23 Amending Section 6-15-7-2 of the City Code “Permitted Uses” in the U2 University Athletic Facilities District11/20/2023
107-O-23
AN ORDINANCE
Amending Section 6-15-7-2 of the City Code “Permitted Uses” in the U2
University Athletic 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 g iven 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, Northwestern University (“Applicant”), has petitioned the City
Council of the City of Evanston, for approval of an amendment to Section 6-15-7-2
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“Permitted Use” of the Zoning Ordinance per Section 6-3-4-6 of the City Code to modify
the list of permitted uses in the U2 University Athletic Facilities District and conditions
required for public-facing concerts; 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 August 3, 2023 and August 10, 2023 and in
the Chicago Sun-Times on August 3, 2023 and August 21, 2023, the Evanston Land
Use Commission (“LUC”) held public hearings, regarding case no. 23PLND-0010 on
September 6, 2023, September 27, 2023, and October 11, 2023 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 were presented, 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 pursuant to Section 6-3-4-5 of the Zoning Ordinance:
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 Comprehensive General Plan and the Zoning
Ordinance support the growth and evolution of the University while recognizing
its place in a residential environment meeting the standard. Large-capacity
public-facing concerts have little to do with the educational mission of the
University and do not meet the intent and goals of the Comprehensive Plan.
There was some disagreement, with the explanation that construction of a new
stadium for only 7 football games is not the highest and best use of the property.
2. Whether the proposed amendment is compatible with the overall character of
existing development in the immediate vicinity of the subject property: Given the
lack of nearby parking and the challenges of transporting large numbers of
people for concerts, the standard cannot be met. However, with appropriate
conditions and a MOU, the amendment can be adapted to better suit the
immediate neighborhood and then the standard could be met.
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3. Whether the proposed amendment will have an adverse effect on the value of
adjacent properties: Studies provided by the applicant mainly focus on sports
facilities and not concert venues. Neighbors presented evidence to support their
assertion that property values will be adversely affected through a comparable
concert venue. These issues do not meet the standard. Some disagreement
was expressed that the evidence and testimony submitted shows there would be
impacts from the proposed uses on adjacent properties, however, an MOU which
would regulate how these uses are managed as part of the Planned
Development Ordinance could ensure necessary mitigations to address any
concerns and thus meet the standard.
4. The adequacy of public facilities and services: The standard is not met
concerning public transportation infrastructure and a reduction in traffic flow at
certain intersections for the contemplated concerts and events. However, there
was testimony provided that indicated that the infrastructure was sufficient for
football games and implementing a Traffic Management Plan and negotiating
improvements with the university can lead to the adequacy of public facilities and
services being met for the contemplated concerts and events
WHEREAS, the LUC made written findings pursuant to Section 6-3-4-5 of
the Zoning Ordinance that the proposed amendments did not meet the Standards for
Amendments, and by a vote of two (2) “yays” and seven (7) “nays” recommended City
Council denial thereof; and
WHEREAS, at its meetings held on October 30, 2023 and November 13,
2023, the City Council considered the application, the materials within the record and
the applicable standards required by weighing the benefits to the City as a whole with
the impact to the neighborhood, made the following findings pursuant to Section 6-3-4-5
of the Zoning Ordinance:
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 Comprehensive General Plan and the Zoning
Ordinance support the growth and evolution of the University while recognizing
its place in a residential environment. Council determined that with the proper
conditions set forth in this ordinance to manage the large-capacity public-facing
concerts, this standard is met.
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2. Whether the proposed amendment is compatible with the overall character of
existing development in the immediate vicinity of the subject property:
Considering the lack of nearby parking and the challenges of transporting large
numbers of people for concerts, Council determined that with the appropriate
management conditions set forth in this ordinance and an executed MOU
between the City and NU outlining the operations management of these events,
the amendment suits the neighborhood and the standard is met.
3. Whether the proposed amendment will have an adverse effect on the value of
adjacent properties: Studies provided by the applicant mainly focus on sports
facilities and not concert venues. Neighbors presented evidence to support their
conclusion that property values will be adversely affected through a comparable
concert venue. Council determined that with the appropriate management
conditions set forth in this ordinance and an executed MOU between NU and the
City, this standard is met.
4. The adequacy of public facilities and services: Council determined that by
implementing a Traffic Management Plan and negotiating improvements with the
university, the adequacy of public facilities and services is met for the
contemplated concerts and events.
WHEREAS, at its meetings of October 30, 2023 and November 13, 2023,
the City Council considered and adopted the respective records and findings,
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 6-15-7-2 of the Zoning Ordinance, “Permitted Uses”
of the Evanston City Code of 2012, as amended, is hereby amended as follows:
6-15-7-2. - PERMITTED USES.
The following uses shall be permitted in the U2 district:
Business or vocational school.
Fieldhouse.
Indoor recreational facility (college and university).
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Outdoor recreational facility (college and university).
Parking lot (college and university).
Playground.
Stadium.
The following uses shall be considered permitted uses when conducted in association
with the above permitted uses:
- Intramural, and intercollegiate or amateur sports and athletic events and
practice therefor.
- Local, regional and State elementary and high school athletic events and
practice therefor.
- Band playing and practice in connection with another permitted use the above events.
- Commencement, convocation and graduation exercises.
- University-sponsored lecture, speakers, musical performances and other
cultural events held within an enclosed building provided that attendance is limited
to ten thousand (10,000) or less.
Outdoor lectures, speakers, non-musical festivals, social events and other community
or cultural events, and musical performances in conjunction or associated with the
foregoing (which shall require loudspeaker permits from the City for any noise
amplification), hosted by the University or City and designed for the University or
local community, provided that the capacity for such events is no greater than 7,500,
and no more than 60 days of programming occurs annually. Outdoor plazas shall not
be rented to organizations not affiliated with the University or City.
- Luncheons and dinners and dining room facilities in a stadium provided
that attendance is limited to the seating capacity of the facilities.
Banquet halls, including breakfasts, luncheons, dinners, meeting and dining room
facilities, provided that attendance is limited to the capacity of the specific facilities.
- Accessory uses to the above permitted uses, including administrative and
faculty offices, classroom, auditoriums, athletic facilities and parking spaces.
- Off-street parking for hospital employees and for university students, and
employees, guests and invitees.
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Temporary event (provided they are of a community or cultural nature and further
provided they meet the conditions listed below):
This Subsection provides standards to ensure that temporary uses shall not impose an
undue adverse effect on neighboring streets or property.
Community and cultural events intended primarily for residents of the City and athletic
events shall be permitted provided that the following conditions are met:
Public facing concerts (provided they meet the conditions below):
This Subsection provides standards to ensure that temporary uses shall not impose an
undue adverse effect on neighboring streets or property.
1) Sponsors of the temporary event shall obtain City Council approval, provide proof of
event logistics approval by the City's Special Events Committee, and obtain a certificate
of zoning compliance pursuant to Section 6-4-8-2 of this Title.
1 2) Attendance at such events is limited to 28,500 persons ten thousand (10,000)
persons or less.
2) A coordinated Transportation Management Plan shall be submitted to the City
Manager or its designee.
a. Intersections within 1,000 feet shall return to baseline traffic counts within 1 hour
of the end of a concert event.
Enforcement: Traffic counters & police personnel shall be supplied at Northwestern’s
expense and deployed by the City of Evanston before, during and after events to
evaluate traffic counts. The location of traffic counters, timing of deployment, and
baseline traffic counts shall be determined within the Memorandum of Understanding
negotiated between the City of Evanston and Northwestern.
Penalty: Violation of the traffic standard shall result in a $25,000 penalty per event.
3) Adequate university parking is available and is provided to all persons attending the
event.
3 4) Private security is provided for those parking areas University-owned parking
areas utilized. Northwestern shall provide three police officers or private security
personnel, approved by the City, to address potential public safety impacts before,
during, and after concert events.
Enforcement: Three police officers or private security personnel approved by the City
shall be provided at Northwestern's expense. The City of Evanston shall document the
number of substantiated 911 calls within 1,000 feet of the U2 zone before, during, and
after each event and provide a report to Northwestern. If substantiated 911 calls
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associated with concerts exceed the baseline average by more than 50% additional
police officers or private security personnel, approved by the City, may be required as
part of the concert operations plan at Northwestern’s expense. The baseline calls for
service shall be determined within the Memorandum of Understanding negotiated
between the City of Evanston and Northwestern.
Penalty: Violation of the public safety & nuisance standard for not providing minimum
staffing as detailed above, shall result in a $25,000 penalty per event.
5) Adequate provision of traffic-control devices at no City expense, including personnel,
shall be provided to ensure the free flow of traffic and the security and safety of said
traffic flow.
4) Northwestern shall provide two parking officials to monitor parking before, during,
and after events.
Enforcement: Two parking enforcement staff shall be provided by the City for events at
Northwestern’s expense. The City of Evanston shall document the number of parking
tickets within 1,000 feet of the U2 zone before, during, and after each event and
provide a report to Northwestern. If parking tickets associated with concerts exceed
the baseline average by more than 50% additional parking officials may be required as
part of the concert operations plan at Northwestern’s expense. The baseline parking
tickets shall be determined within the Memorandum of Understanding negotiated
between the City of Evanston and Northwestern.
Penalty: Violation of the parking standard for not providing minimum staffing as
detailed above, shall result in a $25,000 penalty per event.
5) Reasonable provision of multi- modal traffic-control devices at no City expense
including personnel, shall be provided to ensure the free flow of pedestrian, bike and
vehicular traffic and the security and safety of said traffic flow.
6) Live animals used in conjunction with any event may only be stored within a
completely enclosed building.
7) No more than seven (7) such events shall be held in any calendar year in any one
facility, and each event shall not exceed five (5) consecutive days in duration.
7) There shall be no more than six (6) total days of such events in any calendar year
within the U2 district, excluding setup and takedown. Such events shall not occur on the
same date as other full-capacity events at the stadium or fieldhouse. If a concert is de-
layed or canceled due to weather or force majeure (including illness or pandemic), the
concert may be rescheduled in the same calendar year without counting as an addition-
al concert towards the 6 concert maximum. The Mayor may grant a waiver in the case
of a delay due to weather or force majeure (including illness or pandemic) to the addi-
tional standards, enforcement, and penalty provisions below.
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8) Lighting associated with such events shall be directed away from adjacent
residences.
9) Tractor trailers may not remain running while parked on the public street or in off-
street parking areas.
9) Any uses not outlined herein shall require approval by the City’s Special Events
Committee.
Sound Limitation: Sound levels during concert events shall not exceed an average of 80 dba
at specified locations. Curfew: All sound systems shall be off by 10:00 p.m. Sunday through
Thursdays & 10:15 p.m. Fridays, Saturdays, and days preceding national holidays and legal
school holidays enumerated in 105 ILCS 5/24-2. During the school regular session calendar
from approximately Labor Day to Memorial Day, Northwestern agrees that evening concerts
on Sunday through Thursday (assuming the next day is not a holiday) will not be permitted
without prior approval from the City.
Enforcement: A noise monitoring system shall be installed by Northwestern at the
property line surrounding the stadium and within 1,000 feet throughout the adjacent
residential neighborhoods. The Evanston Police Department shall receive the output
and monitor for compliance. The location of the noise monitoring system and ongoing
maintenance and calibration shall be determined within the Memorandum of
Understanding negotiated between the City of Evanston and Northwestern.
Penalty: Violation of the sound limitation and curfew standards shall result in the
penalties outlined below.
Standard Penalty
Sound Level $50,000 per event
Curfew $0 (0-15 minutes over)
$30,000 (15:01-16:00 minutes over)
$30,000 + $2,000/minute or fractional minute beyond 16
minutes
*For example, an event ending at 10:32:13 on a Friday would
receive a $34,000 penalty ($30,000 + (2 x $2,000) = $34,000)
10) Northwestern shall hold logistics meetings between the City of Evanston and
Northwestern before each concert event. This meeting should also include relevant
agencies & concert staff that will support the implementation of the transportation man-
agement and concert operations plans.
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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 except that all new contemplated uses proposed shall not commence until
the issuance of a Temporary Certificate of Occupancy (TCO) issued by the City of
Evanston for the development plan outlined in Ordinance 108-O-23.
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:
______________________________
Alexandra B. Ruggie, Interim Corporation Counsel
October 30
November 20
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