2019 September 11 - Plan Commission

9/11/19 Agenda Minutes Actions Packet Video

The Plan Commission [PC] meeting re. NU text amendment issue was postponed from August 28 to September 11, because the newest member supposedly did not have time to review the PC Aug 7 material.

Actions

PLAN COMMISSION Wednesday, September 11, 2019

A. Text Amendment (Continued from August 28, 2019)

Special Events in the U2 District 19PLND-0032

A Zoning Ordinance Text Amendment pursuant to City Code Title 6, Zoning, to Section 6-15-7-2 of the Zoning Ordinance, to revise permitted uses of the U2 University Athletic Facilities District.

Action: The Commission voted, 4-2, to recommend approval of the proposed text amendment with the following added conditions- 1.) Written notice shall be provided to residents within 500 ft. of site within 5 days of event approval, 2.) Parking shall be provided for at least 2,000 passenger vehicles, 1,300 of which within U2 district, 3.) Loitering and tailgaiting is prohibited before, during and after events, 4.) If approved, the ordinance expiration date shall be December 31, 2021, 5.) Remove language referencing "unless the City Council affirmatively votes to renew this amendment" (tied to above proposed expiration date), 6.) Revise language so that indoor events are limited to 7,000 persons and outdoor events are limited to 3,000 persons, and 7.) Require all events to be approved by the City of Evanston.

See below: Minutes

Notice: there is no video link included in the City published Plan Commission minutes for September 11 or August 7.

Packet p. 15 still includes the following Attachments. Notice: two attachments with a link:

• Updated Text Amendment Application

• Special Events held in 2018 and Special Event Application

• List of current events hosted at Welsh Ryan Arena

• Petition Against the Proposed Text Amendment (link)

• Communications and Historical Documents as submitted by residents (link)

• Signatures of business owners in opposition to proposed amendment

• Additional signatures for petition in opposition to proposed amendment

• Letter dated September 26, 1977 re: Zoning Board decision on proposed variation

• Comments received as of September 6, 2019

https://www.youtube.com/watch?v=CasYwPwVK84&feature=youtu.be

See below: 2019 September 11 PC packet (74 pages re. U2 issue)

Sept 11, 2019 Evanston Plan Commission- YouTube City Video 0:00 – 5:41:45

https://www.youtube.com/watch?v=CasYwPwVK84

The transcript is very long. Spotlight divided it into four sections.

See below transcript part 1: questions to NU & the City re. NU's previous presentation (August 7, 2019 PC)

0:00 - 2:25:36 of the YouTube video.

The transcript part 2 covers the presentations/power points by four residents, and a talk by the Director of the Chamber of Commerce. Time in the video is listed below.

• 2:26:34 Ken Proskie presents the power point Impact of the U2 Zoning text amendment

• 2:44:13 Lawyer Laurie McFarlane presents the power point A Brief History of Conflict & Litigation over For-Profit Events and Pro Sports in the U2 District

• 2:47:35 McFarlane's presents the power point Standards for Zoning

• 2:55:36 Economist John Nader's presents the power point Economic Impact power point

• 3:10:00 Yvi Russell's presents the power point The Impact of the Proposal's Uses on the U2 Neighborhood

• 3:19:54 Marc Sloan talks about the Chamber's survey and economic figures

To see the August 28, 2019 power points:

2019 Power-Points & Presentations

Below is transcript Part 2a: Proskie's presentation/power point

Impact of the U2 Zoning text amendment

Below see transcript part 2b, split in two sections and covering McFarlane's two presentations/power points

1. A Brief History of Conflict & Litigation over For-Profit Events and Pro Sports in the U2 District

2. Standards for Zoning Amendments

Below see transcript part 2c: Nader's presentation/power point

Economic Impact

Below see transcript part 2d: Russell's presentation/power point

The Impact of Uses on the U2 Neighborhood

Below see transcript part 2e: Sloan's Evanston Chamber presentation

Below see transcript part 3: public comment of individual residents

One quick note regarding Mr. Somyak's comments (3:43:28) regarding the contractor from a different ward who signed the petition against the amendment. The contractor was working on Broadway and Livingston when he signed the petition. He signed because most of his clients live in the area surrounding the U2 District, and he too, like his clients, had been impacted by the parking problems caused by NU events when on call in the neighborhood surrounding the U2.

What Mr. Somyak failed to take into account in his arguments about location and times of operation of businesses that partook in the petition, is that the language of the Zoning objection simply states an opposition to the proposed Zoning Ordinance Text Amendment. It does not describe the various reasons why a signee was opposed. It's telling however, that so many businesses obviously could not find any benefits from the proposed amendment that would have outweighed their objections.

ZONING OBJECTION

We the undersigned, being residents, owners or tenants of property in Evanston, Illinois, hereby object to any proposed Zoning Ordinance Text or Map Amendment pursuant to City Code Title 6, Zoning, to Section 6-15-7-2 of the Zoning Ordinance to revise permitted uses of the U2 University Athletic Facilities District, that would allow professional sport events and for profit events to be held in the University Athletic Facilities of the U2 zoning district.

Below see transcript part 4: commissioners' questions to NU, and discussion that leads to PC's decision to recommend the proposed text amendment.

Mike Vasilko sent the following email to Alderman Rue Simmons and to Alderman Revelle where he listed the irregularities of the September 11, 2019 PC vote re. NU amendment

Hello Eleanor and Robbin,

I am asking if you would call for reconsideration the NU vote in light of the many irregularities stated below,

1. Staff recommended the amendment without any required documentation of impact documentation.

2. Staff determined it was a text and not map amendment without any back up legal documentation, and this was a change of use from noncommercial to commercial. The text amendment clear that this is only to make adjustments necessary I light of changed condition or changes in public policy. What were the changed conditions or changes in public policy that allowed this. At minimum please call for reconsideration and have those questions answered. https://youtu.be/QEbE5CvAHog?t=7671 from city video

:The amendment process is not intended to relieve particular hardships nor to confer special privileges or rights upon any person, but only to make adjustments necessary in light of changed conditions or changes in public policy (§6-3-4-1 of City Code). The Zoning Ordinance establishes standards that “the City Council should … consider, among other factors.” (§6-3-4-5)

1. None of the documentation presented on behalf of the chamber of commerce was produced for the record, yet some alderman, including Alderman Braithwaite said, “it’s about the money” The money should be clarified.

2. NU said that athletic tax to the city is $1,450,000 but city budget for last 3 years and projected 2020 is only $1,000,000 and that discrepancy has not been addressed.

3. Every time NU presented, the amount of money that the city was projected to receive decreased. It started at $400-$600,000 then about $300,000 and finally it is $195,000 for the city.

4. The proposal changed at 3 times and the residents were not allowed time to ask questions at the last change of P&D.

5. Don Wilson said for profit events are currently permittedhttps://youtu.be/QEbE5CvAHog?t=6968 existing use allow for profit events, nothing precludes profit making profits. We contend that Don Wilson that is incorrect, below is the current zoning and this text amendment removes the condition that concerts be non profit

- 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.

Existing permitted uses: Community and cultural events of a nonprofit nature intended primarily for residents of the City and amateur athletic events shall be permitted provided that the following conditions are met:

Northwestern University's document "City of Evanston payments FY 2018" lists the Athletic Event Tax to be $1,468,758.69.

The City's budget 2020 document shows that the 2018 NU athletic tax was $1,166,760. NU inflated the figure by 25.8%.

https://www.cityofevanston.org/home/showdocument?id=53967 p. 65

Note: NU includes in their City contributions, the type of payments that every Evanston property owner and/or resident and/or business is liable for, i.e., water payments, permits, wheel tax, electricity tax etc.