HomeMy WebLinkAboutOrdinance 59-O-26 Approving a Text Amendment in the oCSC District (1)
08/24/2026
59-O-26
AN ORDINANCE
Text Amendment Amending Section 6-15-14-10, “Site Development
Allowances” in the oCSC 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, 2722 Green Bay Road LLC (the “Applicant”) has initiated a
text amendment to Section 6-15-14-10 of the Zoning Ordinance (“Code Amendment”)
Page 1 of 4
59-O-26
pursuant to Section 6-3-4-6 of the City Code, to amend the allowable site development
allowances in the oCSC 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 July 22, 2026, and August 12, 2026, the
Evanston Land Use Commission (“LUC”) held a public hearing, regarding case no.
26PLND-0039 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 six (6) “yays” and zero (0) “nays,” with
three (3) Commissioners absent, 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 text amendment is very limited in its scope and will
be consistent with the intent of the Zoning Code. This standard is met.
2.Whether the proposed amendment is compatible with the overall character of
existing development in the immediate vicinity of the subject property: The Overlay
District does not reflect the current development realities of this particular site and
the standard is met.
3.Whether the proposed amendment will have an adverse effect on the value of
adjacent properties: The standard is met.
4.The adequacy of public facilities and services: The site has successfully
accommodated commercial uses of a comparable scale in the past. The standard
is met.
Page 2 of 4
59-O-26
WHEREAS, at its meeting of August 24, 2026, 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. 2 6PLND-0039 and
recommended City Council approval thereof; and
WHEREAS, at its meetings of August 24, 2026 and September 14, 2026,
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 6-15-14-10 of the Zoning Ordinance, “Site
Development Allowances” of the Evanston City Code of 2012, as amended, is hereby
amended as follows:
6-15-14-10. SITE DEVELOPMENT ALLOWANCES.
Except with respect to Commercial Indoor Recreation Facilities in Subarea 7, site Site
development allowances for any overall building height increase, FAR increase or
density (number of dwelling units) increase for planned developments in the oCSC
district are not permitted.
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
Page 3 of 4
59-O-26
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 and approval 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: _________________, 2026
Adopted: ___________________, 2026
Approved:
__________________________, 2026
_______________________________
Daniel Biss, Mayor
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Approved as to form:
______________________________
Alexandra B. Ruggie, Corporation Counsel
August 24
September 14
Page 4 of 4