HomeMy WebLinkAbout49-O-24, Special Use to Expand a Religious Institution at 1819-1825 Dodge Avenue in the R4 General Residential District05/28/2024
49-O-24
AN ORDINANCE
Granting an Expansion to an Existing Special Use Permit for an
Addition to a Religious Institution for the Seventh Day Adventist
Church Located at 1819-1825 Dodge Avenue
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 b roadest 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, John Turner, the architect from Group A Architecture, “the
Applicant”, requests approval of an expansion of an existing Special Use to construct a
building addition for a larger sanctuary space for the Seventh Day Adventist Church in
the R4 General Residential District, located at the property commonly known as 1819-
1825 Dodge Avenue, legally described and attached by reference herein as Exhibit A;
and,
WHEREAS, the existing special use granted the original construction and
use of the religious institution at 1825 Dodge Avenue pursuant to Ordinance 21 -O-80,
attached by reference herein as Exhibit B; and
WHEREAS, expansion for an addition at 1819-1823 Dodge Avenue was
previously approved by Special Use and Major Variation Ordinance 63 -O-09, attached
by reference herein as Exhibit C; and
WHEREAS, the Special Use expansion granted by Ordinance 63-O-09
expired because the expansion did not occur within one year of the Special Use
approval pursuant to City Code Section 6-3-5-15; and
WHEREAS, the Applicant’s current request is for reapproval of the
expansion for a Religious Institution that was previously granted by Ordinance 63-O-09;
and
WHEREAS, pursuant to Subsection 6-8-5-3, a Religious Institution is an
allowed Special Use in the R4 General Residential District; and
WHEREAS, following due and proper publication of notice in Pioneer
North, a suburban publication of the Evanston Review, not less than fifteen (15) nor
more than thirty (30) days prior thereto, and following written notice to all property
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owners within 500 feet of the Subject Property, and following the placement of signs on
the Subject Property not less than ten (10) days prior thereto, the Evanston Land Use
Commission conducted a public hearing on May 8, 2024, in compliance with the
provisions of the Illinois Open Meetings Act (5 ILCs 120/1 et seq.) on the application for
an expansion of the Special Use for a Religious Institution , filed as zoning case no.
24ZMJV-0017; and
WHEREAS, the Land Use Commission received extensive testimony,
heard public comment, and made findings pursuant to Subsection 6-3-5-10, of the
Zoning Ordinance, and by a vote of eight (8) “yays” and zero (0) “nays” with one (1)
Commissioner absent, recommended City Council approval with conditions of the
application for expansion of Special Use Permit for a Religious Institution with the below
findings incorporated into the record:
1. Is one of the listed special uses for the zoning district in which the property
lies: Religious institutions are a special use within the R4 zoning district,
so this standard was met.
2. Complies with the purposes and the policies of the Comprehensive
General Plan and the Zoning Ordinance: The current Comprehensive
General Plan allows for a religious institution in this zoning district, and
this is merely the expansion of an existing special use, so this standard
was met.
3. Does not cause a negative cumulative effect in combination with existing
special uses or as a category of land use: This is merely the expansion of
an existing special use, which will not cause a negative cumulative effect,
so this standard was met.
4. Does not interfere with or diminish the value of the property in the
Neighborhood: The Commission believed that this standard was met.
5. Is adequately served by public facilities and services: The Commission
believed that this standard was met.
6. Does not cause undue traffic congestion: With additional on -site parking
provided, the Commission believed this standard was met.
7. Preserves significant historical and architectural resources: There are no
known such resources, so this standard is met.
8. Preserves significant natural and environmental resources: The
Commission believes the standard is met.
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9.Complies with all other applicable regulations: The Commission believes
this standard is met.
WHEREAS, on May 28, 2024, the Planning and Development (“P&D”)
Committee of the City Council held a meeting, in compliance with the provision of the
Open Meetings Act and the Zoning Ordinance, received input from the public, carefully
considered the findings and recommendation for approval of the Land use Commission,
and recommended approval thereof by the City Council; and
WHEREAS, at its May 28, 2024 meeting, held in compliance with the
Open Meetings Act and the Zoning Ordinance, the City Council considered the
recommendation of the P&D Committee, received additional public comment, made
certain findings, and adopted said recommendation; 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
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 foregoing recitals are found as fact and incorporated
herein by reference.
SECTION 2: Pursuant to the terms and conditions of this ordinance, the
City Council hereby grants the expansion of the Special Use Permit, as applied for in
zoning case no. 24ZMJV-0017, to allow the expansion of the existing special use for a
Religious Institution in the R4 General Residential District .
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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 aforem entioned zoning relief
granted hereby, being an expansion of Special Use Permit for Religious Institutions as
requested under zoning case no. 24ZMJV-0017, which may be amended by future
ordinance(s), and violation of any of which shall constitute grounds f or 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. Compliance with Applicable Requirements: The Applicant shall
develop and use the Subject Property in substantial compliance with a ll
applicable legislation, with the testimony and representations of the
Applicant to the LUC, the P&D Committee, and the City Council, and with
the approved plans and documents on file in this case.
2. Subsurface Stormwater Detention System: The Applicant shall
construct a sub-surface stormwater detention system on the Subject
Property that shall be subject to review and approval by the City’s Public
Works Department.
3. Fine for Non-Compliance: Should the City determine that the Applicant
has failed to comply with any of the terms of this ordinance, the City may
deliver written notice of non-compliance to the Applicant. If the Applicant
does not cure the non-compliance identified in said notice within five (5)
days, the Applicant shall owe the City a fine of two hundred fifty and
no/100 dollars ($250.00) per day that the Applicant fails to comply. If, in
the City’s determination, the Applicant is diligently pursuing the cure of
such non-compliance and that such cure cannot be completed within five
(5) days, the City may grant the Applicant additional time that the City
determines to be reasonably necessary. The Applicant shall pay any such
fine within thirty (30) days of written notice from the City to do so.
4. Recordation: The Applicant must record the Special Use Permit with the
Cook County Recorder of Deeds.
SECTION 4: When necessary to effectuate the terms, conditions, and
purposes of this ordinance, “Applicant” shall be read as “Appli cant’s tenants, agents,
assignees, and successors in interest.”
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.
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SECTION 6: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 7: 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 8: 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 a s
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
Introduced: ______May 28_____, 2024
Adopted: ________May 28___, 2024
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Approved: ________May 28_, 2024
_______________________________
Daniel Biss, Mayor
Approved as to form:
______________________________
Alexandra Ruggie, Corporation Counsel
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