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HomeMy WebLinkAboutOrdinance 43-O-26 Approving a SUP for an Animal Hospital in the B2 Business District (720 Main St) (1) (1) (1)5/11/2026 43-O-26 AN ORDINANCE Granting a Special Use Permit for 720 Main Street for an Animal Hospital In the B2 Business District and oDM Dempster-Main Overlay 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 ordinances 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, which states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule units be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164); 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 Page 1 of 8 43-O-26 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, the Land Use Commission (“LUC”) met on April 22, 2026, pursuant to proper notice, to consider case no. 26ZMJV-0010, an application filed by Sarah Grunder of RWE Planning and Design, Inc., (the “Applicant”), on behalf of Dr. Gail Henry, owner of Evanston Animal Hospital, for the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 720 Main Street (the “Subject Property”) and located in the B2 Business District and oDM Dempster- Main Overlay District for a Special Use Permit to establish, pursuant to Subsections 6-9- 3-3 and 6-15-17-4 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), an Animal Hospital on the Subject Property; and WHEREAS, after having considered the evidence presented, including the exhibits and materials submitted, and public testimony provided, the LUC made the following findings per Section 6-3-5-10 of the Zoning Ordinance: 1.Is one of the listed special uses for the zoning district in which the property lies: The proposed animal hospital is listed as a special use in the B2 Business District and the standard is met. 2.Complies with the purposes and the policies of the Comprehensive General Plan and the Zoning ordinance as amended from time to time: The development is compatible with the Comprehensive General Plan. The proposed use will fill a vacant space on a street with a mix of uses including residential, offices, retail and restaurants and promotes the goal of retaining and enhancing a diversity of business, commercial and industrial areas as desirable locations of economic activity. This standard is met. 3.Will not cause a negative cumulative effect, when its effect is considered in conjunction with the cumulative effect of various special uses of all types on the immediate neighborhood and the effect of the proposed type of special use Page 2 of 8 43-O-26 upon the City as a whole: There are no other animal hospitals in the immediate vicinity and the proposed use will be occupying a currently vacant space. In consideration of the conditions of approval, the proposal will not cause a negative cumulative impact on the immediate area. This standard is met. 4. Does not interfere with or diminish the value of property in the neighborhood: This standard is met. 5. Is adequately served by public facilities and services: The City did not express concerns over adequate service from public facilities and services and no evidence has been provided showing that the special use could not be adequately served by public facilities and services. This standard is met. 6. Does not cause undue traffic congestion: The proposed special use is not anticipated to increase traffic congestion with its limited appointment times. Two off-street parking spaces are available on the site for employees to use and customers can utilize available street parking. This standard is met. 7. Preserves significant historical and architectural resources: The Subject Property is not landmarked or located in a historic district, so this standard is met. 8. Preserves significant natural and environmental resources: There is nothing particularly significant on the Subject Property in terms of natural or environmental features. The 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 planned development process or the grant of a variation: The Applicant indicated that they will comply with all other applicable regulations and so this standard is met. WHEREAS, the LUC, after hearing testimony and receiving other evidence, made a written record and written findings that the application for a Special Use Permit for an Animal Hospital met the standards for Special Uses in Section 6-3-5-10 of the Zoning Ordinance and, with a vote of six (6) “yay” votes, zero (0) “nay” votes, with three (3) commissioners absent, recommended City Council approval thereof; and WHEREAS, at its meeting of May 11, 2026, the Planning and Development Committee of the City Council (“P&D Committee”) considered the LUC’s record and Page 3 of 8 43-O-26 findings and recommended the City Council accept the LUC’s recommendation and approved the application in case no.26ZMJV-0010; and WHEREAS, at its meeting of May 11, 2026, the City Council considered and adopted the respective records, findings, and recommendations of the LUC and 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 found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for an Animal Hospital on the Subject Property as applied for in case no. 26ZMJV-0010. SECTION 3: Pursuant to Subsection 6-3-5-8 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Applicant’s Special Use Permit, violation of any of which shall constitute grounds for penalties or revocation of said Permit pursuant to Subsections 6-3-5-12 of the Zoning Ordinance: A. That overnight stays shall not be permitted. Should overnight stays be proposed in the future, a new Special Use Permit application shall be applied for ; and B. That employees are not to park on the street during hours of operation; and C. The Applicant shall construct the associated improvements to the Subject Property in accordance with the Development Plans, a copy of which is attached hereto and incorporated therein, as described herein, as authorized by the terms of this ordinance in substantial compliance with all applicable City Code requirements and the Applicant's testimony and representations to the Land Use Commission, the P&D Committee, and the City Council; and D. That the applicant is to record the Ordinance granting the Special Use with the Cook County Recorder of Deeds and provide the City with a recorded copy prior to the issuance of a building permit. Page 4 of 8 43-O-26 SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” 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: 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 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 Page 5 of 8 May 11 May 11 43-O-26 EXHIBIT A LEGAL DESCRIPTION LOTS 5 AND 6 IN BLOCK 1 IN ADAMS AND BROWN’S ADDITION TO EVANSTON, IN THE NORTH ½ OF THE NORTH 1/2 OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. and EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED BY AN EASEMENT AGREEMENT DATED OCTOBER 14, 1974, RECORDED NOVEMBER 26, 1974 AS DOCUMENT NO. 22917993 AND REFERRED TO IN A DEED BY THE SAME PARTIES CREATING SAID EASEMENT AGREEMENT DATED OCTOBER 15, 1974, RECORDED NOVEMBER 26, 1974 AS DOCUMENT NO. 22917995, FOR EGRESS AND INGRESS OVER AN AREA DESCRIBED AS FOLLOWS: BEGINNING AT A POINT AT THE SOUTH WEST CORNER OF LOT 4 IN BLOCK 1 IN ADAMS AND BROWN’S ADDITION TO EVANSTON IN THE NORTH ½ OF THE NORTH ½ OF THE SOUTH WEST ¼ OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, THENCE NORTH ALONG SAID WEST LOT LINE OF LOT 4, A DISTANCE OF 66 FEET; THENCE EAST PARALLEL TO THE SOUTH LOT LINE OF SAID LOT 4, A DISTANCE OF 62 INCHES TO A POINT; THENCE SOUTH PARALLEL TO THE WEST LINE OF SAID LOT 4, A DISTANCE OF 66 FEET TO THE SOUTH LOT LINE OF LOT 4; THENCE WEST ALONG SAID SOUTH LOT LINE A DISTANCE OF 62 INCHES TO THE POINT OF BEGINNING, ALL IN THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, EXCEPTING FROM SAID ABOVE DESCRIBED PARCEL SUCH AREA CURRENTLY OCCUPIED BY THE BUILDING ENCROACHMENT OF THE BUILDING CONSTRUCTED TO THE WEST OF LOT 5 IN BLOCK 1 IN ADAMS AND BROWN’S ADDITION TO EVANSTON, AFORESAID, ALL IN COOK COUNTY, ILLINOIS. and LOT 1 IN BAYLEY’S SUBDIVISION OF LOTS 7 AND 8 IN BLOCK 1 IN ADAMS AND BROWN’S ADDITION TO EVANSTON IN THE NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PINs: 11-19-303-030-0000, 11-19-303-029-0000 COMMONLY KNOWN AS: 718-732 MAIN STREET Page 6 of 8 43-O-26 EXHIBIT B DEVELOPMENT PLANS Page 7 of 8 FREEZER W/D 8 F T C A G E S 7 FT CAGES 3' x 5' RUN3' x 5' RUN MOBILE SC A L E 3' x 5' RUN RE F RE F RE F MOP MW REF 1 2 ABCDE EXAM 1 WORK STATION PREP AD J A C E N T T E N A N T N. I . C . N.I.C. 14'-0"12'-1"7'-0"6'-10"6'-3"15'-3"11'-10 1/2"12'-11 1/2" 7' - 8 1 / 2 " 6' - 1 " 10 ' - 0 " 7' - 8 " 6'-4"55'-4 1/2"14'-0"12'-10"10'-6" 14 ' - 0 " 7' - 0 1 / 2 " 11 ' - 6 " 8' - 1 0 " 8' - 1 1 " 6' - 6 " 5' - 0 " 10 ' - 0 " 6' - 1 " 10 ' - 0 " 10'-0"7'-4"7'-4"7'-4"7'-4"12'-1"7'-4" 26 ' - 4 " 9'-1 1/2" 18 ' - 1 1 " RAMP 9'-4" LAB 10 ' - 0 " 5'-0" WH 8' - 0 " RAMP DOWN 2' - 0 " 3' x 4' RUN WAITING 100 RECEPTION 101 PUBLIC RR 102 EXAM 1 103 EXAM 2 104 EXAM 3 105 EXAM 4 106 EXAM 5 107 EXAM 6 / COMFORT 108 HALL 109 BREAKROOM 110 JC 111 LAUNDRY 112 PHARMACY 113STAFF RR 114 PM OFFICE 115CAT WARD 116 X-RAY 117 DOG WARD 118 SURGERY 119 TREATMENT 120 DENTAL 121 DVM 122 AD J A C E N T B U I L D I N G N. I . C . SPRINKLERED /3 = 35' - 6 1/2", MIN EXIT SEPARATION DISTANCE DIAGONAL LENGTH = 106'-11" EXIT 'A' EXIT 'B' EXIT 'C' 80'-0" TO EXIT 'A' 87'-1" TO EXIT 'A' 41'-6" TO EXIT 'B'COMMON TRAVEL = 56' EXISTING FENCE AND GATE TO REMAIN EXISTING FENCE AND GATE TO REMAIN NEW ANIMAL RELIEF AREA W/ ARTIFICIAL TURF BUILDING SHARED PARKING GARAGE N.I.C. 4'-0" 7' - 0 " COPYRIGHT RWE PLANNING & DESIGN INC. 2026 PROJECT #: ARCHITECTURE PLANNING DESIGN 1303 OGDEN AVE., DOWNERS GROVE, IL 60515 CHECKED BY:DRAWN BY: 3/ 1 8 / 2 0 2 6 9 : 4 9 : 4 4 A M NA-01 PRELIMINARY FLOOR PLAN EV A N S T O N A N I M A L H O S P I T A L 72 0 M A I N S T R E E T . EV A N S T O N , I L 6 0 2 0 2 25.143 MM BH 3/16" = 1'-0"1 N.A. PLAN REV. DESCRIPTION DATE ZONING REVIEW 02/13/2026 ZONING REV #1 03/18/2026 Page 8 of 8