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Home My WebLink About115-O-23 Approving an Amendment to the Special Use Permit For 2105 Crawford Avenue Previously Authorized by Ordinance 81-O-97 12/11/23 115-O-23 AN ORDINANCE Approving an Amendment to the Special Use Permit For 2105 Crawford Avenue Previously Authorized by Ordinance 81-O-97 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, 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, in 1997, the City Council enacted Ordinance 81-O-97, attached hereto as Exhibit 2 and incorporated herein by reference, which granted a Special Use Permit for an Animal Hospital (the “Animal Hospital”) at 2107 Crawford Avenue; and ~1~ Page 1 of 10 Doc ID: 8f7b8b433b2778d7dfd5c02bb88552b750d22a5c 115-O-23 ~2~ WHEREAS, David Heredia, (the “Applicant”), the Project Manager for Blue River Pet Care/Fox Animal Hospital, submitted an application for an expansion of the existing Special Use at 2107 Crawford into the adjacent space previously occupied by a nail salon at 2105 Crawford Avenue, in the C1 Commercial District, all of which are located at the property commonly known as 2105-2107 Crawford Avenue, legally described and attached by reference herein as Exhibit 1; 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 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 Land Use Commission (“LUC”) met on November 8, 2023, to consider case no. 23ZMJV-0056, the application filed by Applicant requesting an amendment to Ordinance 81-O-97, to expand the existing Special Use for an Animal Hospital, Blue River Pet Care/Fox Animal Hospital, into 2105 Crawford Avenue in the C1 Commercial District ; and WHEREAS, after having considered the evidence presented, including the exhibits and materials submitted, and public testimony provided, with respect to the Special Use Permits pursuant to Section 6-3-5-10 of the Code, the LUC found that: 1. Is one of the listed special uses for the zoning district in which the property lies: An animal hospital is an approved special use within the C1 District. 2. Complies with the purposes and the policies of the Comprehensive General Plan and the Zoning ordinance: An animal hospital that utilizes existing vacant space aligns with the goals and standards of the plan, so the standard is met. 3. Does not cause a negative cumulative effect in combination with existing special uses or as a category of land use: The minimal impact standard is met because the nature of the business suggests that the impact on the neighborhood will be minimal. Page 2 of 10 Doc ID: 8f7b8b433b2778d7dfd5c02bb88552b750d22a5c 115-O-23 ~3~ 4. Does not interfere with or diminish the value of property in the neighborhood: A functioning thriving business in use in the neighborhood increases values, so the standard was found to be met. 5. Is adequately served by public facilities and services: The standard was found to be met. 6. Does not cause undue traffic congestion: The standard was found to be met. 7. Preserves significant historical and architectural resources: There is no change to the outside of the building so that standard is met. 8. Preserves significant natural and environmental resources: There is no change to the outside of the building so that standard is met. 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 planning development process or the grant of a variation: The standard was found to be met. WHEREAS, after making its findings as set forth herein, the LUC recommended approval of the requested Special Uses pursuant to Sections 6-3-5-7 and 6-3-5-10 of the Zoning Ordinance by a vote of five (5) “yes” votes and zero (0) “no” votes to the Planning and Development Committee (“P & D Committee”) of the City Council; and WHEREAS, at its meeting of December 11, 2023, held in compliance with the Open Meetings Act and the Zoning Ordinance, the Planning and Development Committee of the City Council (“P&D Committee”) considered the LUC’s record and findings and recommended the City Council accept the LUC’s recommendation and approved the application in case no. 23ZMJV-0056; and WHEREAS, at its meeting of December 11, 2023, held in compliance with the Open Meetings Act and the Zoning Ordinance, the City Council considered and adopted the respective records, findings, and recommendations of the LUC and P&D Committee, as amended, Page 3 of 10 Doc ID: 8f7b8b433b2778d7dfd5c02bb88552b750d22a5c 115-O-23 ~4~ 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: Pursuant to the terms and conditions of this ordinance, the City Council hereby grants an amendment to the Special Use Permit previously authorized by Ordinance 81-O-97, as applied for in zoning case no. 23ZMJV-0056 for an expanded animal hospital in the C1 Commercial District. . SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council imposes the following conditions on the amended Special Use Permit for an Animal Hospital requested under zoning case no. 23ZMJV-0056, 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. Hours of operation shall not exceed 8 am – 9 pm, 7 days a week. 2. One outdoor refuse container is required along with a pet waste station that includes pet waste bags. 3. The dead bushes at the front of the property shall be replaced within one year of the special use approval. 4. No more than 20% of the store windows shall be covered as allowed by the Sign Code. 5. The Applicant shall submit for a permit to tie the existing fire alarm panel at the Animal Hospital to the expanded area, as required by the Fire Department. 6. Substantial compliance with the documents and testimony on record is required. 7. Recordation of the special use ordinance with the Cook County Recorder of Deeds is required prior to operation. Page 4 of 10 Doc ID: 8f7b8b433b2778d7dfd5c02bb88552b750d22a5c 115-O-23 ~5~ SECTION 5: Except as otherwise provided for in this Ordinance 115-O- 23, all applicable regulations of Ordinance 81-O-97, the Zoning Ordinance, and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. To the extent that the terms and/or provisions of any of said documents conflict with any of the terms herein, this Ordinance 115-O-23 shall govern and control. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 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 herein are hereby 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. Page 5 of 10 Doc ID: 8f7b8b433b2778d7dfd5c02bb88552b750d22a5c 115-O-23 ~6~ Introduced:_________________, 2023 Adopted:___________________, 2023 Approved: __________________________, 2023 _______________________________ Daniel Biss, Mayor Attest: _____________________________ Stephanie Mendoza, City Clerk Approved as to form: _______________________________ Alexandra B. Ruggie, Interim Corporation Counsel December 11 December 11 Page 6 of 10 Doc ID: 8f7b8b433b2778d7dfd5c02bb88552b750d22a5c December 14 115-O-23 ~7~ EXHIBIT 1 LEGAL DESCRIPTION LOT 8 (EXCEPT THE WEST 10 FEET THEREOF), LOT 9 (EXCEPT THE WEST 10 FEET THEREOF) AND LOT 10 (EXCEPT THE WEST 10 FEET THEREOF) IN BLOCK 4 IN THE HIGHLANDS EVANSTON LINCOLNWOOD FIRST ADDITION, BEING A SUBDIVISION OF THE SOUTH WEST ¼ OF THE SOUTH WEST ¼ (EXCEPT THE WEST 20 ACRES THEREOF) OF SECTION 11, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 10-11-317-025-0000 Page 7 of 10 Doc ID: 8f7b8b433b2778d7dfd5c02bb88552b750d22a5c 115-O-23 ~8~ EXHIBIT 2 ORDINANCE 81-O-97 Page 8 of 10 Doc ID: 8f7b8b433b2778d7dfd5c02bb88552b750d22a5c Page 9 of 10 Doc ID: 8f7b8b433b2778d7dfd5c02bb88552b750d22a5c Page 10 of 10 Doc ID: 8f7b8b433b2778d7dfd5c02bb88552b750d22a5c