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HomeMy WebLinkAboutORDINANCES-2020-095-O-209/29/2020 95-0-20 AN ORDINANCE Amending Title 6 of the City Code to Revise Regulations Concerning Domestic Animal Daycare Centers and Kennels NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: City Code Section 6-18-3 "Definitions" of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 6-18-3. — DEFINITIONS. DAYCARE Any establishment for which the principal use or purpose is the CENTER— housing of domestic animals for periods of time that shall neither DOMESTIC exceed twelve (12) fourteen (14) hours in any twenty-four (24) hour ANIMAL: period, nor include overnight stays. Multiple animals shall be permitted outside on the premises when accompanied by staff and only between the hours of 8:30 a.m. and 4:30 p.m. on any day. Individual animals shall be permitted outside on the premises to relieve themselves at any time during the Center's hours of operation when accompanied by staff. Prior to beginning operation of any such Center, the operator shall submit to the Zoning Administrator a contingency plan for those times when an owner fails to claim his/her animal(s) before the Center closes for the day, and, thereafter, comply with said plan. The operator of any such Center shall comply with the applicable regulations of Title 8, Chapter 4, and Title 9, Chapter 4 of the City Code, as amended. SECTION 2: City Code Section 6-12-2-3 "Special Uses" of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 6-12-2-3.- SPECIAL USES. The following special uses may be permitted in the RP district, subject to the provisions set forth in Section 6-3-5 of this Title: Banquet hall. 95-0-20 Business or vocational school. Cannabis dispensary (subject to the general requirements of Section 6-4- 11 of this Title). Craft alcohol production facility. Davcare Center- Domestic Animal. Kennel. Open sales lot. Outdoor storage. Performance entertainment venue. Planned developments (subject to the requirements of Section 6-3-6 of this Title and Section 6-12-1-7 of this Chapter). Resale establishment. Restaurants —Type 2. Urban farm, rooftop. SECTION 3: That 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 Complied Statues and the courts of the State of Illinois. SECTION 3: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: This Ordinance 95-0-20 shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 5: If any provision of this Ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise -2- 95-0-20 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. Introduced: October 12 2020 Approved: Adopted: October 26 2020 April 23 2021 Stephen H. Hagerty, Mayor Approved as to form: Attest: 1 C\ Kelley AG'andurski,Corporation Counsel Devon Reid, City Clerk -3- APPROVED MEETING MINUTES City of PLAN COMMISSION Evanston Wednesday, September 9, 2020 7:00 P.M. Virtual Meeting through Zoom Platform Members Present: Peter Isaac (Chair), Jennifer Draper, George Halik, John Hewko, Brian Johnson, Jeanne Lindwall, Kristine Westerberg Members Absent: Staff Present: Scott Mangum, Planning and Zoning Manager Meagan Jones, Neighborhood and Land Use Planner Judy Frydland, City Attorney Presiding Member: Chair Isaac 1. CALL TO ORDER / DECLARATION OF QUORUM Chair Isaac called the meeting to order at 7:03 P.M. Ms. Jones called the roll and a quorum was established. 2. SUSPENSION OF THE RULES Members participating electronically or by telephone Commissioner Westerberg made a motion to suspend the rules to allow for electronic or telephone participation. Seconded by Commissioner Lindwall. A roll call vote was taken and the motion passed, 7-0. 3. APPROVAL OF MEETING MINUTES: August 12, 2020. Commissioner Hewko suggested an edit to page 12 of the minutes. Commissioner Lindwall made a motion to approve the minutes from the July 8, 2020 meeting. Seconded by Commissioner Draper. A roll call vote was taken and the motion passed, 7-0. 4. NEW BUSINESS A. Text Amendment — Domestic Animal Daycare Center 20PLND-0053 Sarah Lewis, applicant, submits for a TextAmendment to the Zoning Ordinance, Title 6 of the City Code, to either 1) amend Section 6-18-3 - Definitionsto increase the permitted hours of operation for a Domestic Animal Daycare Center then amend Section 6-12-2-3 —Special Uses to add Domestic Animal Daycare Centers and Kennels as Special Uses in the RP Research Park District or 2) amend Section Page 1 of 6 Plan Commission Minutes 9/9/20 Page 8 of 85 APPROVED 6-18-3 - Definitions to include a Kennel and increase the permitted hours of operation in the definition of Domestic Animal Daycare Center then add the amended definition as a Special Use to the RP Research Park District. Ms. Jones provided a brief summary of the proposed amendment and its two alternatives. She also provided existing locations of domestic animal daycare centers and kennels as well as the purpose of the RP District. Chair Isaac asked if there were any questions from Commissioners Commissioner Halik asked the main difference between the alternatives. Ms. Jones stated that the main difference between the two alternatives is the ability for Domestic Animal Daycare Centers to also have a Kennel as part of its operations without pursuing a separate Special Use. Commissioner Draper clarified that a Kennel could still be allowed as a Special Use. Ms. Jones confirmed that this would be the case. Alternative one would be adding 2 separate Special Uses to the RP District while the second alternative would only add one if the definition is amended. Chair Isaac asked if there are any zoning issues with combining the kennel and animal daycare definitions. Ms. Jones replied that there could be. Adding Kennels to the definition of Domestic Animal Daycare Centers would be a bit redundant as there is already a separate definition for Kennels with its own set of regulations. Commissioner Draper asked if the text amendment is just for the RP District or for the whole zoning code. Ms. Jones responded that the changes would be in two parts: changing the definition for Domestic Animal Daycare Center, which could affect all zoning districts, and adding the definition(s) as Special Uses to the RP District which would only affect that district. Chair Isaac asked if the existing daycare centers have kennels as part of their operations. Ms. Jones responded that she believes they also have kennels. Ms. Jones responded that these are the larger existing daycare facilities. She checked in with the Economic Development Division who confirmed this and stated that there are some smaller home based operations which would serve a small number of dogs. Chair Isaac asked if Kennels and Domestic Animal Daycare Centers are permitted as Special Uses in all districts in which they are permitted and if the Applicant would need to go through the Special Use process. Ms. Jones responded that she believes that to be the case but would need to confirm that. The Applicant will still need to go through the Special Use process. Further discussion occurred regarding the differences between the two alternatives. Mr. Mangum interjected and referred back to the previous question, confirming that in the districts where the two uses are allowed, they are only allowed as Special Uses. Page 2 of 6 Plan Commission Minutes 9/9/20 Page 9 of 85 APPROVED Ms. Nicole Daniel, attorney for the applicant provided an introduction of the applicant and other members of the project team speaking on behalf of the applicant. She then explained that they are simultaneously pursuing a Special Use to open a Dogtopia location at 900 Clark St within the RP District and provided some considerations for that space. Ms. Sarah Lewis, the applicant, provided background on why she is pursuing opening a Dogtopia location in Evanston. She explained that she will be the primary operator and present onsite most days. She then added that she will be working with Have Dreams to pursue employing adults with autism. Mr. George Kisiel, architect and certified planner, provided his professional background then explained the site context and surrounding locations and stated that the use will help fill vacant space and be similar to other daycare uses. Mr. Kisiel reviewed the standards that must be met for the proposed text amendment to be approved explaining how he believed they had been met by the proposal. Commissioner Johnson asked if there would be any outdoor space as part of the business operations. Ms. Lewis responded that the site would be completely self- contained. Ms. Daniel added that the sire would have a number of rooms for dogs to use. Ms. Kathy Halter added that Dogtopia has 140 locations with about half having outdoor play space. An indoor environment is provided with rubber floors, ample running space, planned activities and an HVAC system that cycles in 90% outdoor air every 10 minutes. Commissioner Westerberg asked why the expanded hours would be needed and if being on a smaller street would work for parking with other sites being located on wider, busier streets. Ms. Lewis responded that she would like to cater to commuters and capture their true work hours, this led to the proposed longer hours of operation. With regards to parking, the Maple Avenue garage is very close and Evanston is agreeable to providing pick—up/drop-off spots in front of the space in addition to the two spaces the landlord will provide in the alley. Ms. Halter then explained that an app is currently used to streamline and provide touchless pick-ups and drop-offs. Commissioner Hewko asked if there is a limit on the duration of overnight stays a customer can have. Ms. Lewis responded that overnight stays are typically the length of a vacation, one to two weeks. Sometimes, essential workers may choose to leave their dog overnight. Boarding is 20% to 25% of the operation but dogs are also a part of the pack. For Dogtopia specifically, there is a "3-plays before you stay" rule. Mr. Mangum added that there is no limit on the number of overnight stays permitted within the zoning code. Chair Isaac opened the hearing to questions from the public. Mr. Mangum reminded the Commission and the public that, since this a text amendment, questions should be more general and not be specific to one site within the district. Since the applicant has Page 3 of 6 Plan Commission Minutes 9/9/20 Page 10 of 85 APPROVED concurrently applied for a special use permit the Zoning Board of Appeals would be the best venue for discussion of operations specific to this location. Ms. Tina Paden asked if dogs would be inside all day and how waste would be handled. Ms. Halter responded that the dogs would be inside and with designated areas for waste and a strict cleaning schedule with animal -safe cleansers that are also non-irritant to humans. Ms. Paden then inquired about the number of dogs and employees. Ms. Lewis stated that they would start at 40 and work up to 100 dogs. There would be 18 total employees with about 9 on -site at a time. Ms. Halter stated that there will be ancillary staff and roving staff in addition to canine coaches; dogs would be separated by size and temperament. Ms. Daniel stated that space determines the number of dogs with a range of 21 sq. ft. required for small dogs and 42 sq. ft. for large dogs. Chair Isaac clarified that the Applicant would be going in front of the Zoning Board of Appeals and that questions that are more directed towards the specific site and its Special Use would be better suited at that meeting. Mr. Mangum confirmed this is the case and that the Zoning board meeting would be on September 15tn Ms. Paden asked how long build out would be and what operating procedures would be during Covid-19 pandemic. Ms. Halter responded that it will be 3 to 4 months and meet CDC regulations and procedures as they relate to operating during the pandemic. In response to Ms. Paden's concern about the safety of dogs overnight, Ms. Lewis stated that employees would not be present after 10pm, however, the location would be monitored and that she lives nearby. Employees would then arrive prior to the center's business hours at 5:30 AM. Chair Isaac opened the hearing to public testimony Ms. Paden stated she is neither for nor against the amendment but is a bit alarmed at the possible amount of dogs on -site without all 18 employees on -site at the same time. Chair Isaac asked if there was any eligible resident who wished to request a continuance for this item. Hearing none, he closed the public hearing and the Commission began deliberation. Chair Isaac inquired if other research park uses have been researched? Ms. Jones stated that staff had not researched other municipalities but looked into the intention of the RP District and uses that currently operate within it, which are varied. Chair Isaac added that he could not think of specific research types of uses currently in the district. Ms. Jones responded that there are some office uses and medical office use within the district but uses are generally fairly varied. Commissioner Lindwall stated that RP district was enacted in the early 80's but the notion behind that has changed over the years with additional uses. She believes the Page 4 of 6 Plan Commission Minutes 9/9/20 Page 11 of 85 APPROVED Commission should be considering if this is a use that is suited for the downtown instead of the Research Park District, given the Downtown Plan says the intent of the district is obsolete and it should be rezoned to Downtown districts. Chair Isaac agreed adding that the Church Street Plaza currently houses more entertainment uses. Commissioner Lindwall stated that the second alternative suggests that there is no need for a kennel definition and that the first alternative is the simplest option. Chair Isaac stated that he was leaning towards the first alternative as he had some worries regarding possible unintended consequences with including kennels in the definition of Domestic Animal Daycare Center. He then explained that there are several parts to the amendment: amending definition for hours of operation and/or kennel operations then adding one or both definitions as Special Uses within the RP District. In response to Commissioner Hewko, Ms. Daniel stated both Special Uses have been applied for. Neither existing definition fit what Dogtopia wants to do so modifications were proposed. There were some concerns about applying for a special use for a kennel, with potential connotations of other kennel operators, which is the reason for the second alternative. Chair Isaac clarified if alternative one is approved if the applicant would seek a Special Use for a kennel. Ms. Daniel confirmed that this is the case. A brief discussion followed regarding whether or not both Special Uses for a Kennel and Daycare Center would be necessary for this case. It was generally agreed that the first alternative would make the most sense. The Commission then reviewed the standards. There was discussion on each of the standards and there was general agreement that each had been met. With regards to adequate public facilities and services it was agreed that parking appears to be met but that this is more site specific and not necessarily the general district. Commissioner Johnson made a motion to recommend approval of the first alternative for the text amendment. Commissioner Lindwall seconded. Commissioner Westerberg asked as a point of clarification if outside kennels would then be permitted. It was confirmed that they would be allowed as a Special Use and still need to go through that process for approval. A roll call vote was taken and the motion passed by a 7-0 vote. Ayes: Isaac, Draper, Halik, Hewko, Johnson, Lindwall, Westerberg Nays: Respectfully Submitted, Page 5 of 6 Plan Commission Minutes 9/9/20 Page 12 of 85 APPROVED Wagan Jones Neighborhood and Land Use Planner Community Development Department Page 6of6 Plan Commission Minutes 9/9/20 Page 13 of 85 7/24/2020 CITY OF EVANSTON Mail - Fwd: Zoning Ordinance Text Amendment Application City of Meagan Jones <mmjones@cityofevanston.org> Evanston FWd: Zoning Ordinance Text Amendment Application 3 messages Melissa Klotz <mklotz@cityofevanston.org> To: Meagan Jones <mmjones@cityofevanston.org> Cc: Scott Mangum <smangum@cityofevanston.org> Wed, Jul 22, 2020 at 1:53 PM FYI text amendment application below. In the many discussions with them we were all on the same page that they are applying to add Domestic Animal Daycare and Kennel as a special use in the RP and adjust the allowed hours by 2 more hours per day. Instead, they applied to change the definition of Domestic Animal Daycare to include a Kennel ... my opinion is we shouldn't do that since there is already a kennel definition as a separate use... In discussion with Alderman Braithwaite, we came to the agreement that many animal daycares and kennels are not appropriate for the downtown area (but this one claims a different business model that might be acceptable) so P&Z staff will likely make no recommendation. I'm sure the applicant wants to proceed asap. Please let me know PC timing so I can time their special use at ZBA for just after PC and get to P&D at the same time or in back to back meetings. Thanks, Melissa Klotz Zoning Administrator Planning & Zoning Division Community Development Department Morton Civic Center City of Evanston 2100 Ridge Ave. I Evanston, IL 60201 1 847-448-4311 mklotz@cityofevanston.org I citvofevanston.oro Shape rJn tedstatesO your future � suS- START HERE > 1 2020 Evanston is counting on you! Complete the 2020 U.S. Census at my202Ocensus.gov. Note: The contents of this electronic mail to/from any recipient hereto, any attachments hereto, and any associated metadata pertaining to this electronic mail, is subject to disclosure under the Illinois Freedom of Information Act, 5 ►LCS 140/1 et. seq. ---------- Forwarded message --------- From: <noreply@formstack.com> Date: Wed, Jul 22, 2020 at 1:27 PM Subject: Zoning Ordinance Text Amendment Application To: <zoning@cityofevanston.org> 1211 formstack https://mail.google.com/mail/u/O?ik=4ec545897d&view=pt&search=all&permthid=thread-f%3Al 672944341302753747&simpl=msg-f%3A16729443413... 1 /8 Page 14 of 85 7/24/2020 CITY OF EVANSTON Mail - Fwd: Zoning Ordinance Text Amendment Application Formstack Submission For: Zoning Ordinance Text Amendment Application Submitted at 07/22/20 1:26 PM Address: 900 Clark Street Evanston, IL 60201 Permanent Identification 11-18-125-014-0000 Number (PIN) 1: Permanent Identification Number (PIN) 2: Name: Sarah Lewis Organization: Dogtopia of Northshore LLC 222 W. Adams - Suite 3400 Address: c/o Nicole Daniel Chicago, IL 60606 Home or Office (773) 957-6597 Phone Number: Cell Phone (773) 957-6597 Number: Email: nicole.daniel@dinsmore.com Please choose primary means of Home or Office Phone contact: Is applicant also the property No owner?: Name: Organization: SCG Church Street PLaza LLC Address: 176 N. Racine - Suite 200 Chicago, IL 60607 Home or Office hftps://mail.goog le. com/mail/u/0?ik=4ec545897d &view=pt&search=all &permth id=threads-f%3Al 672944341302753747&si mpl=msg-f%3A16729443413... 2/8 Page 15 of 85 7/24/2020 CITY OF EVANSTON Mail - Fwd: Zoning Ordinance Text Amendment Application Phone Number: Cell Phone Number: Email: What is the relationship of the applicant to Lessee the property owner?: The applicant, Viewpoint Consulting, LLC d/b/a Dogtopia of Northshore, LLC seeks a text amendment under Section 6-12-2-3 to amend the definition of Domestic Animal Daycare and to add the amended definition as a Special Use to the RP Research Park District, or in the alternative, add Kennels as a Special Use to the RP Research Park District. The current text of the definition of Domestic Animal Daycare reads as follows: Any establishment for which the principal use or purpose is the housing of domestic animals for periods of time that shall neither exceed twelve (12) hours in any twenty-four (24) hour period, nor include overnight stays. Multiple animals shall be permitted outside on the premises Please state the when accompanied by staff and only between the hours of 8:30 a.m. Zoning and 4:30 p.m. on any day. Individual animals shall be permitted outside Ordinance on the premises to relieve themselves at any time during the Center's Section Number, hours of operation when accompanied by staff. Prior to beginning what the operation of any such Center, the operator shall submit to the Zoning Ordinance Administrator a contingency plan for those times when an owner fails to currently states, claim his/her animal(s) before the Center closes for the day, and, and how you thereafter, comply with said plan. The operator of any such Center shall would like to comply with the applicable regulations of Title 8, Chapter 4, and Title 9, amend the text.: Chapter 4 of the City Code, as amended. (Ord. No. 67-0-11, § 2, 9-12- 2011) Under Evanston's zoning ordinance, the closest definition and basis for this special use, is a "kennel" because Dogtopia offers overnight boarding as an ancillary part of its business. However, no outside access is required for the dogs. Accordingly, Applicant seeks to amend the definition of the Domestic Animal Daycare to extend the time period to fourteen hours and to allow overnight stays. The first sentence of the text would read as follows: "Any establishment for which the principal use or purpose is the housing of domestic animals for periods of time that shall not exceed fourteen (14) hours in any twenty-four (24) hour period, but the establishment may offer overnight stays for domestic animals." Is there another section you wish Yes to be amended?: Please state the In the event the request for the text amendment under Section 6-12-2-3 Zoning to amend the definition of Domestic Animal Daycare and to add the Ordinance amended definition as a Special Use to the RP Research Park District Section Number, is not granted, Applicant seeks to add Kennels as a Special Use to the what the RP Research Park District. Ordinance currently states, and how you hftps://mail.goog le. com/ma i I/u/0?i k=4ec545897d&view=pt&search=all &permth id=thread-f%3Al 672944341302753747&si mpl=msg-f%3A16729443413... 3/8 Page 16 of 85 7/24/2020 CITY OF EVANSTON Mail - Fwd: Zoning Ordinance Text Amendment Application would like to amend the text.: 2) Is there another section No you wish to be i amended?: Please state the Zoning Ordinance Section Number, what the Ordinance currently states, and how you would like to amend the text.: 3) Is there another section you wish to be amended?: Please state the Zoning Ordinance Section Number, what the Ordinance currently states, and how you would like to amend the text.: 4) Is there another section you wish to be amended?: Please state the Zoning Ordinance Section Number, what the Ordinance currently states, and how you would like to amend the text.: 5) Is there another section l you wish to be amended?: Please state all the remaining Zoning Ordinance hftps://mail.goog le. com/mail/u/0?i k=4ec545897d &view=pt&search=al I &permthid=thread-f%3Al 672944341302753747&simpl=msg-f%o3A16729443413... 4/8 Page 17 of 85 7/24/2020 CITY OF EVANSTON Mail - Fwd: Zoning Ordinance Text Amendment Application Section Numbers, what the Ordinances currently state, and how you would like to amend the text.: The applicant, Viewpoint Consulting, LLC d/b/a Dogtopia of Northshore LLC seeks a text amendment under Section 6-12-2-3 to amend the Please describe definition of Domestic Animal Daycare and to add the amended the reason for definition as a Special Use to the RP Research Park District, or in the the proposed alternative, add Kennels as a Special Use to the RP Research Park zoning ordinance District. Applicant seeks to develop the Property with a 5,000+ square text amendment.: foot state-of-the-art retail Dogtopia store providing dog daycare, spa, grooming and overnight boarding services for safety and convenience of residents. How is the The Evanston Comprehensive General Plan encourages the utilization proposed of vacant storefronts along existing commercial corridors to provide amendment with needed services to the community and encourage economic vitality. the goals, Specifically, the Comprehensive Plan includes objectives to promote objectives, and the growth and redevelopment of business, commercial and industrial policies of the areas and to retain and attract businesses in order to strengthen Comprehensive Evanston's economic base. General Plan, as Dogtopia will utilize over 5,000 square feet of longtime vacant space in adopted and Evanston which will include state-of-the-art features, including noise amended from and odor technology, to ensure there is no negative effects on nearby time to time by residential and commercial developments. In fact, the impact will be the City positive for the residential communities as Dogtopia will provide a Council?: much -needed service for dogs and dog parents in the community. The proposed use for domestic animal daycares and the specific In what ways is Dogtopia store are highly compatible with nearby RP zoned business the proposed and will offer residents a convenient place for their dog to be cared for amendment while utilizing nearby retail shopping, services and for working compatible with professionals. Dogtopia stores specifically are designed from the the overall ground up to be in retail locations and compatible with the other mixed character of commercial uses approved in the immediate area. Dogtopia seeks to existing enhance the joy of dog parenthood and enable dogs to positively development in change our world. The proposed Dogtopia store and similarly situated the immediate stores will unequivocally contribute to the well-being of Evanston vicinity of the families and provide services currently unavailable and much needed subject for residents. Further, at the meeting before the Plan Commission, property.: Dogtopia will present the land planning evaluation and opinions of George Kisiel, AIA, AICP of Okrent Kisiel Associates, Inc. to support this standard. Will the proposed The proposed amendment to include the special use, as amended, or amendment have to include Kennels as a special use as an alternative will not diminish or an adverse affect impair property values in the immediate vicinity of the Property. In fact, on the values of it will draw business to storefronts in Evanston and provide a much adjacent needed service for residents of Evanston. At the meeting before the properties and Zoning Board of Appeals, Dogtopia will present the valuation impact why?: opinions of Mary Linberger, MAI, of Mary Linberger & Company to support this standard. What change to Adequate parking, utilities, access roads, drainage, and other facilities existing public necessary to the operation of the special use already exist and no facilities and additional public facilities and services will be required. The owner of services, if any, the Property will provide two designated parking spaces for drop off and will be required pick up at the property. The improvements made to the vacant suite will hftps://mail.goog le. com/ma i I/u/0?i k=4ec545897d&vi-aw=pt&search=all &permthid=th read-f%3Al 672944341302753747&si mpl=msg-f°/a3A16729443413... 5/8 Page 18 of 85 7/24/2020 CITY OF EVANSTON Mail - Fwd: Zoning Ordinance Text Amendment Application to serve the be substantial, aesthetically pleasing and state-of-the-art. effects of the There will be no required changes to existing pubic facilities and proposed services required for the special use as adequate facilities exist for the amendment?: Applicant and like establishments under this special use. Further, at the meeting before the Plan Commission, Dogtopia will present the land planning evaluation and opinions of George Kisiel, AIA, AICP of Okrent Kisiel Associates, Inc. to support this standard. Plat of Survey, if applicable - One copy of plat of survey, drawn to scale, that accurately reflects current conditions.: Date of Survey: Legal Descriptions of all properties as shown on Plat of Survey, if applicable.: Date of Descriptions: Proof of Ownership, if applicable - Accepted documents for Proof of Ownership include: a deed, mortgage, contract to purchase, closing documents, etc.: Document Submitted: Additional Documentation: Additional Documentation -: Quantity: Price: 1100 Credit Card: Card number: ************7672 Expiration: 08/24 hftps:Hmail.goog le. com/mail/u/O?ik=4ec545897d&view=pt&search=all&permthid=thread-f%3Al 672944341302753747&simpl=msg-f%3Al 6729443413... 6/8 Page 19 of 85 7/24/2020 CITY OF EVANSTON Mail - Fwd: Zoning Ordinance Text Amendment Application I certify that all of the above statements and all statements, information and exhibits that I am submitting in conjunction with this application Direct Link to Image for relief from the requirements of the Zoning Ordinance or for an appeal from the Zoning Administrator's decision are true to the best of my knowledge.: Copyright © 2020 Formstack, LLC. All rights reserved. This is a customer service email. Formstack, 11671 Lantern Road, Suite 300, Fishers, IN 46038 Meagan Jones <mmjones@cityofevanston.org> To: Melissa Klotz <mklotz@cityofevanston.org> Cc: Scott Mangum <smangum@cityofevanston.org> Thu, Jul 23, 2020 at 10:36 AM Melissa, Following up, we can notice this for the September 9th meeting (which will likely have one or two items on the agenda) and continue it if needed. If necessary, we can see if a second September meeting is possible, otherwise we will be going into October. Meagan Jones Neighborhood and Land Use Planner Community Development Morton Civic Center City of Evanston 2100 Ridge Ave. I Evanston, IL 60201 1 847-448-8170 mmjones@cityofevanston.org I cityofevanston.org Shape UnitedStxa%ea' your future CeniuS START HERE > 2020 Look for your 2020 U.S. Census invitation in the mail March 12-20. Make sure Evanston counts! cityofevanston.org/census https://maiI.google.com/mail/u/O?ik=4ec545897d&view=pt&search=all&permthid=thread-f%3Al672944341302753747&simpl=msg-f%3A16729443413— 7/8 Page 20 of 85 7/24/2020 CITY OF EVANSTON Mail - Fwd: Zoning Ordinance Text Amendment Application Note: The contents of this electronic mail to/from any recipient hereto, any attachments hereto, and any associated metadata pertaining to this electronic mail, is subject to disclosure under the Illinois Freedom of Information Act, 5 ILCS 140/1 et. seq. [Quoted text hidden] Scott Mangum <smangum@cityofevanston.org> To: Meagan Jones <mmjones@cityofevanston.org> Cc: Melissa Klotz <mklotz@cityofevanston.org> Thu, Jul 23, 2020 at 11:02 AM I'm currently waiting to hear whether 1900 Sherman will require a Ward meeting prior to DAPR/PC. If not, that item may be on the September agenda. [Quoted text hidden] Scott A. Mangum, AICP Planning and Zoning Administrator, Division Manager City of Evanston 1847.448.8675 1 smangum@cityofevanston.org https://mail.goog le. com/mail/u/0?i k=4ec545897d &view=pt&search=all &permthid=th read-f%3Al 672944341302753747&si mpl=msg-f%3A16729443413... 8/8 Page 21 of 85 MEMORANDUM IN SUPPORT OF VIEWPOINT CONSULTING, LLC d/b/a DOGTOPIA OF NORTHSHORE LLC'S APPLICATION FOR TEXT AMENDMENT I. SUMMARY Petitioner Viewpoint Consulting, LLC d/b/a Dogtopia of Northshore LLC ("Petitioner") requests approval of its application for a text amendment under Section 6- 18-3 to amend the definition of Domestic Animal Daycare and to add the amended definition as a Special Use to the RP Research Park District, or in the alternative, add Kennels as a Special Use to the RP Research Park District. Petitioner seeks to amend the definition of the Domestic Animal Daycare to extend the time period to fourteen hours and to allow overnight stays. If the event the amended definition of Domestic Animal Daycare or Kennels are allowed as a Special Use in the RP Research Park District, Petitioner has simultaneously submitted an application for a special use permit at 900 Clark Street, Evanston, Illinois (the "Subject Property") to allow for Domestic Animal Daycare (with amendment) or Kennels (the "Proposed Special Use"). The Subject Property is located in the RP Research Park District. For the reasons stated herein, the Text Amendment and subsequent Proposed Special Use will conform to the standards set forth in the Zoning Ordinance and satisfies the standards for granting such relief under the Zoning Ordinance. Furthermore, approval of the Proposed Special Use is supported by residents of the City of Evanston. II. BACKGROUND Dogtopia, established in 2002, is the industry leader in dog daycare services with more than 140 highly sophisticated, safe and incomparably clean stores across the U.S. and Canada. Dogtopia sets itself apart from other establishments who offer similar services. The Subject Property is located in the RP Research Park District and is a part of the Church Street Plaza, a mixed use development. Petitioner proposes to occupy a first floor retail space consisting of over 5,000 square feet. See Ex. A, Site Plan. The site is bound by three public streets, accessible by two train lines and a short walk from a 1,400 space public parking garage with short term free parking. The Landlord has designated two short term parking spaces and the city parking manager is willing to change the spaces in front of 900 Clark Street to 30 minute parking to create more turnover for Dogtopia and others. Dogtopia has gone to great lengths to differentiate itself from its competitors. First, because pet parents have pet safety as their first priority, Dogtopia has taken great measures in design, maintenance and technology to meet safety expectations. Each playroom within the facility is soundproofed and the HVAC and air filtration system is industrial grade. Because of this design and requirement, no part of the facility smells of dogs and noise cannot be heard from the reception area, let alone the exterior of the building. Further, the air filtration system diminishes the spread of airborne illness and diseases between dogs. 1 Page 22 of 85 Live streaming is also available throughout the facility. The following links will provide tours of atypical facility. • https://www.do2tor)ia.com/webster/3d-tour/ • https://www.do2toaia.com/stDeters-cottleville/3d-tour/ Second, Dogtopias are designed to be in neighborhood retail shopping centers and densely populated areas for community convenience, such as Evanston and within zoning districts such as the RP Research Park District. To further enhance the ease and experience for pet parents, Dogtopia has developed a smartphone application which allows for curbside drop-off and pick-up to reduce stress, amount of time and provide convenience for those who work and live in flourishing communities such as Evanston. Last, Dogtopia is unique because it focuses on daycare rather than overnight boarding. 74% of Dogtopia's revenues are from daycare rather than overnight boarding and the Evanston location expects the same or higher percentage of daycare versus overnight boarding. The current text of the definition of Domestic Animal Daycare reads as follows: Any establishment for which the principal use or purpose is the housing of domestic animals for periods of time that shall neither exceed twelve (12) hours in any twenty-four (24) hour period, nor include overnight stays. Multiple animals shall be permitted outside on the premises when accompanied by staff and only between the hours of 8:30 a.m. and 4:30 p.m. on any day. Individual animals shall be permitted outside on the premises to relieve themselves at any time during the Center's hours of operation when accompanied by staff. Prior to beginning operation of any such Center, the operator shall submit to the Zoning Administrator a contingency plan for those times when an owner fails to claim his/her animal(s) before the Center closes for the day, and, thereafter, comply with said plan. The operator of any such Center shall comply with the applicable regulations of Title 8, Chapter 4, and Title 9, Chapter 4 of the City Code, as amended. (Ord. No. 67-0- 11, § 2, 9- l 2-2011) Under Evanston's zoning ordinance, the closest definition and basis for this type of facility being allowed as a Special Use, is a "kennel" because Dogtopia offers overnight boarding as an ancillary part of its business. However, no outside access is required for the dogs. Accordingly, Applicant seeks to amend the definition of the Domestic Animal Daycare to extend the time period to fourteen hours and to allow overnight stays. The first sentence of the text would read as follows: "Any establishment for which the principal use or purpose is the housing of domestic animals for periods of time that shall not exceed fourteen (14) hours in any twenty-four (24) hour period, but the establishment may offer overnight stays for domestic animals." X, Page 23 of 85 In the event the request for the text amendment under Section 6-18-3 to amend the definition of Domestic Animal Daycare and to add the amended definition as a Special Use to the RP Research Park District is not granted, Applicant seeks to add Kennels as a Special Use to the RP Research Park District. III. STANDARDS FOR AMENDMENT Section 6-3-4-5 of the Zoning Ordinance states: The wisdom of amending the text of the Zoning Ordinance or the Zoning Map is a matter committed to the sound legislative discretion of the City Council and is not controlled by any one standard. In making their determination, however, the City Council should, in determining whether to adopt or deny, or to adopt some modification of the Plan Commission's recommendation consider, among other factors, the following: (A) 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. (B) Whether the proposed amendment is compatible with the overall character of existing development in the immediate vicinity of the subject property. (C) Whether the proposed amendment will have an adverse effect on the value of adjacent properties. (D) The adequacy of public facilities and services. IV. APPLICATION OF THE STANDARDS FOR AMENDMENT TO THE FACTS In support of its application for the text amendment and with respect to the standards for amendment, Petitioner submits the following: • Exhibit B: Report of George Kisiel, AIA, AICP of Okrent Kisiel Associates, Inc. • Exhibit C: Report of Mary Linberger, MAI of Linberger & Company, LLC Mr. Kisiel concluded that the proposed amendments reinforce the stated goals, objective, and policies of the Evanston Comprehensive Plan by supporting efforts to improve the variety of retail businesses in Downtown Evanston to strengthen it as a regional shopping center and encouraging a compatible mix of land use in the Downtown. (See Exhibit B at p. 17 and Section 6-3-4-5(A)). He concluded that the proposed amendments to permit a Domestic Animal Day Care Center in the RP Research District is consistent with the goals of increasing housing and attracting Baby Boomers and Millennials to downtown multi -family housing as it provides an amenity and needed service close to their housing. (See Exhibit B at p. 12 and Section 6-3-4-5(A)). Mr. Kisiel 3 Page 24 of 85 concluded that the text amendment which will allow the Proposed Special Use is compatible with the overall character of existing developments. (See Exhibit B at p. 12- 13 and Section 6-3-4-5 (B)). He stated that this proposed text amendment seeks to allow a particular use as a Special Use in an entire district rather than in a particular location with the end goal of establishing a Dogtopia at the Subject Property (See Exhibit B at p. 12). He further stated that the Domestic Animal Day Care is most similar to a day care center where patrons drop off and pick up their dogs at certain times and the dogs will be cared for by staff. Much like day cares, Dogtopia's proposed hours of operation are similar to other daycares which would allow parents to drop off their dogs prior to work and pick up after work or for shorter term stays. See Ex. B, at p.13. Mr. Kisiel concluded that with respect to noise, vibration, odor, glare, threat of fire or explosion, the proposed use would be similar to other uses permitted in the RP Research District. However, a plan for noise and odor are present. Specifically, Dogtopia has designed an acoustically sealed sound barrier wall. See Group Ex. D. (Diagram of Wall type for adjacent and shared walls and Dogtopia Sound Control Specifications). In addition, Dogtopia mandates that there are separate HVAC systems with numerous controls and regulations and procedures for everyday operations. See Exhibit E (Requirements for Odor Reduction). Dogtopia also mandates a waste management plan with stringent protocols and procedures. See Exhibit F. Mr. Kiesel concurred with Mary Linberger that the land use will not have any negative impact on property values in the immediate vicinity due to the text amendment. See Exhibit B at p.13 and Section 6-3-4-5(C)). Mr. Kisiel concluded that the text amendment will have no additional demands on public facilities and services. See Exhibit B at p.13 and Section 6-3-4-5(D)). Further, there are numerous parking options in the near vicinity and Dogtopia developed a smartphone application which makes drop-off and pick- up efficient and accommodating to pet parents but also non -disruptive to non -pet parents. See Ex. G. Based on the aforementioned conclusions and analysis related thereto, Mr. Kisiel concluded that (1) the proposed text amendments satisfy the criteria for the zoning text amendments; (2) the proposed amendments reinforce the stated goals, objectives, and policies of the Evanston Comprehensive Plan; (3) the amendments allow for a use that is particularly attractive to Baby Boomers and Millennials thereby reinforcing the Comprehensive Plan; (4) the Proposed Special Use will have no negative impact on surrounding uses; and (5) the amendments allow for a use which will not create an undue burden on public facilities and services. (Exhibit B at p. 17). Ms. Linberger concluded that the text amendment will in no way diminish or impair the values of properties in the immediate vicinity. (See Exhibit C at p. 1 and Section 6-3- 4-5(C)). Ms. Linberger inspected the Subject Property as well as six other Dogtopia facilities. (Exhibit C at p. 3). Ms. Linberger stated that the bases for her conclusion are as follows: (1) The Dogtopia use is consistent with a retail environment that includes upscale service providers; (2) The Evanston market is not over -served with companies who provide dog daycare services; (3) the Domestic Animal Daycare can operate in a manner that is not n Page 25 of 85 intrusive to surrounding businesses and property owners; and (4) there is no evidence that their presence has negatively impacted surrounding property values. (Exhibit C at p. 6). In addition to the above referenced evidence and expert opinions establishing that the text amendment satisfies the standards contained in the Zoning Ordinance, the text amendment is supported by the public, including residents of Evanston. (Group Exhibit H). V. CONCLUSION For the reasons stated herein, the text amendment will conform to the standards set forth in the Zoning Ordinance and satisfies the standards for granting a text amendment under Section 6-3-4-5 of the Zoning Ordinance. Respectfully submitted, By: /s/ Nicole H. Daniel Dinsmore & Shohl LLP One of the Attorneys for Petitioner Nicole H. Daniel Dinsmore & Shohl LLP 222 W. Adams Suite 3400 Chicago, IL 60606 Phone: 312-372-6060 Email: nicole.daniel@dinsmore.com Fax:312-372-6085 5 Page 26 of 85