MEMORANDUM REGULAR AGENDA NEW BUSINESS #2. TracyL.Jones 13 Staff Planner TO: The Honorable Mayor and City Council. DATE: September 14, 2017 SUBJECT:

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1 REGULAR AGENDA NEW BUSINESS #2 TO: MEMORANDUM The Honorable Mayor and City Council TracyL.Jones 13 Staff Planner DATE: September 14, 2017 SUBJECT: Zoning Application #17-21/ PIJD/ 703 Childs Street/ WoHan On September 12, 2017, the Planning and Zoning Board unanimously recommended approval of a special use pci-mit for a planned unit development (PUD) to allow a Kennel to occupy the existing building located at 703 Childs Street with a walking area future fenced area located on the north side of the existing building. subject to the following condition: 1 The six foot tall wood privacy fence and the artificial grass shall be installed within six months from the date the site development pennit is issued for the walking area/ future fenced area. BACKGROUND The subject property is zoned M-l Manufacturing District. Pennitted uses in the M-1 Manufacturing District include: Processing and manufacturing businesses, businesses that provide supplies andlor services primarily to industrial or manufacturing customers, contractor yards, motor freight tenninals. public utility and public service uses, automobile service stations, tennis clubs and business and professional offices. Special uses in the M-l Manufacturing District include: Buildings Primarily Devoted to Religious Worship and Kennels. Kennels are a defined by the Zoning Ordinance as An establishment where four (4) or more dogs or cats are bred, trained, or boarded, each having an age of four (4) months or more. PROPOSAL The applicant owns an existing Kennel, Lap of Luxury Pet Resort, located at 805 West Liberty Drive that opened in 2013 and provides dog daycare and overnight boarding for dogs, cats and small animals. The applicant is looking to purchase the existing building located at 703 Childs Street to relocate and expand her existing business. The subject property is.31 acres in size and adjacent to other M-1 zoned properties, with residential properties across the street. Kennels are permitted by special use penuit in the M-l Manufacturing District. Current hours of operation at the existing location are 7 am to 7 pin, Monday through Friday and 8 am to 6 pm. Saturday and Sunday. However, the applicant is considering extending her hours at the new location from 6 am to 9 pm, seven days a week. They currently have 6 employees, with 2-3 employees working at one time. Depending on the season, they service anywhere from dogs and 0-6 cats daily. The applicant has prepared a floor plan as part of her special use permit submittal. The front portion of the building includes a lobby and reception area. A cat area, restroom, utility room and kitchen are also included in the front portion of the building. The middle portion of the building includes the dog kennel area, with 26 kennels shown on the floor plan. The back portion of the building includes five playrooms and additional restrooms.

2 RECOMMENDATION north side of the building would be fully fenced for dogs to play off leash. Artificial grass will also be installed in the walking area! future fenced area to replace the existing asphalt. the City Attorney to prepare an Ordinance approving the planned unit development (PUD) request, 1. The six foot tall wood privacy fence and the artificial grass shall be installed within six months from the date the site development penriit is issued for the walking area future fenced area; and 2. Overnight staff shall be required. condition requiring overnight staff should be added. Staff recommends that direction should be given to subject to the following two conditions: Staff concurs with the Planning and Zoning Boards recommendation of approval but feels that a second customer parking that contains 13 parking spaces. The walking area! future fenced area located on the The subject property has an existing parking lot located to the east of the building for employee and

3 ZONING APPLICATION #17-21/ PU1/ 703 CHILDS STREET! WOLLAN MAYOR OF WHEATON AND CITY COUNCIL noise. Michael Mc Fadden, 808 Childs Street, Wheaton was sworn in. Mr. Mc Fadden stated that he was concerned about lie submitted a copy of Wheaton s Animal Noise Regulation that was incorporated into the record. Bill Hottendorf. 720 Childs Street, Wheaton was sworn in. Mr. I-lottendorf stated that he was concerned about noise. Ms. Wollan stated that she had not received any noise complaints to date at her existing location Chair Weller questioned whether she had received any noise complaints to date at her existing location. Wheaton Zoning Ordinance. She stated that the proposed special use permit would not be detrimental to the public health. safety, morals, comfort, convenience, or general welfare of the neighboring property owners. Ms. Wollan addressed the special use permit standards for a planfled unit development as required by the with artificial grass if financing pemits. would he fenced to allow the dogs to play off leash. The existing asphalt would also be replaced in the future the existing building designated on the site plan as the walking area! future fenced area. Eventually, this area employee and customer parking that contains 13 parking spaces. She plans to walk the clogs in the area north of Ms. Wollan stated that the subject property has an existing parking lot located to the east of the building for portion of the building includes a lobby and reception area. A cat area, restroom, utility room and kitchen are additional restrooms. also included in the front portion of the building. The middle portion of the building includes the clog kennel area, with 26 kennels shown on the floor plan. The back portion of the building includes five playrooms and Ms. Wollan reviewed the floor plan that was submitted as part of her special use permit submittal. The front and 0-6 cats daily. at one time but no overnight staff at this time. Depending on the season, they service anywhere from dogs Friday and 8 am to 6 pm, Saturday and Sunday. However, she is considering extending her hours at the new location from 6 am to 9 pm, seven days a week. They currently have 6 employees, with 2-3 employees working Ms. Wollan stated that her current hours of operation at the existing location are 7 am to 7 pm, Monday through in size and zoned M-l Manufacturing District. The site is adjacent to other Ni-I zoned properties with residential Lap of Luxury Pet Resort, located at 805 West Liberty Drive that opened in 2013 and provides clog daycare and Lindsey Wollan, 815 Lakeside Drive, Wheaton was sworn in. Ms. Wollan stated that she owns the existing Kennel, overnight boarding for dogs, cats and small animals. Ms. Wollan stated that she is looking to purchase the existing building located at 703 Childs Street to relocate and expand her existing business. The subject property is.31 acres properties across the street. Kennels are permitted by special use permit in the M-l Manufacturing District. Wheaton was incorporated into the record. Pursuant to notice duly published on August 4, 2017 and letters mailed to neighboring property owners on August 2, 2017, Chair Weller called to order the August 22, 2017 public hearing requesting a special use permit for a planned unit development (PIJD) to allow a Kennel to occupy the existing building located at 703 Childs Street with a walking area! future fenced area located on the north side of the existing building. The property is zoned M-l Manufacturing District. A letter from K & B Properties, LLC, 300 S. Carlton Avenue, TO THE REPORT OF THE WHEATON PLANNING & ZONING BOARD

4 noise. Ms. Greenberg questioned whether there was a better location for the business that wasn t next to residential next to commercial and not residential properties. Bob Greenberg. 816 Childs Street. Wheaton was sworn in. Mr. Greenberg stated that he was concerned about noise. He added that Ms. Wollan most likely hasn t received any noise complaints to date because her existing location is Arlene Greenberg. 816 C hilds Street. Wheaton was sworn in. Ms. Greenberg stated that she was concerned about properties. She added that she was also concerned about the cleanliness of the proposed artificial grass. The six foot tall wood privacy fence and the artificial grass shall be installed within six months from the date the site development peniiit is issued. following condition: Mr. Gudmundson moved and then Mr. Dabovich seconded the motion to approve ZA # subject to the RECOMMENDATION The Board decided to vote this evening. all voted aye. Mr. Dabovich moved and (lien Mr. Wanzung seconded the motion to close the public hearing. On a voice vote, daytinie noise when the dogs are outside. Ms. Wollan stated that she would take the dogs out in smaller groups and keep loud dogs inside to reduce Mr. Greenberg stated that lie still has reservations about daytinie noise when the dogs are outside. existing location. Ms. Wollan stated that the existing windows are double pane and much better quality then the windows at his Chair Weller questioned the quality of the existing windows. arc dependent on weather. and stated that she would like to open at her new location in early to mid November but the site improvements overnight staff imniediately once the special use perniit is approved. She reviewed her timeline with the Board Ms. Wollan stated the she reviewed her finances and she is prepared to install the fence, artificial grass and hire (lie additional information requested by (lie Board at the previous meeting. Chair Weller reconvened the public hearing on Tuesday, September 12, 2017 and asked (lie applicant to provide information requested by the Board. On a voice vote, all voted aye. next regular meeting on Tuesday, September 12, 2017 to give the applicant time to provide the additional Mr. Gudtiiundson moved and then Mr. Plunkett seconded the motion to continue the public hearing until the Board s ability to reduce sound before (lie Board makes a recommendation. The rest of the Board concurred with this request. Mr. Dabovich further requested additional information on the quality of (lie existing windows to deterniine their Mr. Wanzung requested a proposed timeline for installing the fence, artificial grass and hiring overnight staff before the Board makes a recommendation. The rest of the Board concurred with this request. 703 Childs Street and that he was supportive of Ms. Wollan s request to open a Kennel at this location. Steven Davis. 703 Childs Street. Wheaton was sworn in. Mr. Davis stated that he was the current property owner of Kathy Evers, 716 Childs Street. Wheaton was sworn in. Ms. Evers stated that she was concerned about noise. Page 2 of3 Zoning Application 17-2l

5 Zoning Application #17-21 Page 3 of3 Roll Call Vote Ayes: Nays: Absent: Nicole Aranas Christopher Dabovich Bob Gudmundson Cecilia Horejs Mark Plunkett Dan Wanzung Scott Weller None None Motion Passed Unanimously Scott Weller, Chair Wheaton Planning and Zoning Board FINDINGS OF FACT The Planning and Zoning Board members present at the September public hearing made the following findings of fact: The proposed development meets the objectives of the City of Wheaton Comprehensive Plan; and 2. The establishment, maintenance, or operation of the PUI) will not be detrimental to the public health. sal ety, morals. comfort, convenience, and general welfare; and 3. The PUT) will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the puiioses already permitted.

6 Michael To: Chair Weller and Board Members of the Wheaton Planning and Zoning Board City of Wheaton! Illinois www wheaton ii us Wheaton, IL City Council - Suzanne Fax TDD Fitch - John Prendiville John Rutledge Michael Barbier Todd Scalzo Phil Suess Mayor - Michael J. Gresk City Manager - Dzugan Wheaton City Hall 303 W. Wesley Street Wheaton, IL Provided the applicant sufficiently addresses the special use pemit standards for a planned unit development (PIJD) at the public hearing, stafl would recommend approval ofza #17-21 as presented Staff has no reason to believe that the expansion and relocation of the existing business would prevent the business from being operated in a similar manner. The applicant has successfully operated her existing business at 805 W. Liberty Drive without issue since RECOMMENDATION For reference, a copy of the initial staff report dated August 18, 2017, the letter from K & B Properties, a copy of Wheaton s Animal Noise Regulations and the transcript from August 22, 2017 are also attached. Following a presentation by the petitioner and cluestions and comments from the Board and public, the August 22, 2017 public hearing was continued until September 12, 2017 to provide the applicant with time to create a proposed timeline for installing the fence, artificial grass and hiring overnight staff before the Board makes a recommendation. The Board further requested additional information on the quality olthe existing windows to determine their ability to reduce sound. To date, no new information has been provided. The applicant is planning to provide tins information at the meeting. with a walking area! future fenced area located on the north side of the existing building. The property is zoned planned unit development (PUD) to allow a Kennel to occupy the existing building located at 703 Childs Street M-l Manufacturing District. A letter from K & B Properties and a copy of Wheaton s Animal Noise Regulations were incorporated into the record. A public hearing was held on August 22, 2017 to consider an application requesting a special use permit for a Subject: ZA #17-21/ PUD! 703 Childs Street! Wollan Date: September 7, 2017 From: Tracy L. Jones, Staff Planner 303 W. Wesley Street City of Wheaton

7 Suzanne Childs Michael City of Wheaton, Illinois City of Wheaton 303 W Wesley Street Wheaton, IL www wheaton H us August 18, 2017 Wheaton Planning and Zoning Board 303 West Wesley Street Wheaton, IL RE: ZA #17-21/ P1.JD/ 703 Childs Street/ Wollan Dear Members of the Board: Attached to this memorandum is an application requesting a special use permit for a plaimed unit development (PUD) to allow a Kernel to occupy the existing building located at 703 Childs Street with a walking area/ future fenced area located on the north side of the existing building. The property is zoned M-1 Manufacturing District. The application has been submitted by Lindsey Wollan, 815 Lakeside Drive, Wheaton, IL on behalf of the property owner, 7+ Properties, LLC - Street Series, 703 Childs Street, Wheaton, IL ZONING ANALYSIS Proposal: Applicant: Subject Property: Current Zoning: An application requesting a special use permit for a planned unit development (PUD) to allow a Kennel to occupy the existing building located at 703 Childs Street with a walking area! future fenced area located on the north side of the existing building. The property is zoned M-1 Manufacturing District. Lindsey Wollan 81 5 Lakeside Drive Wheaton, IL Childs Street Wheaton, IL M-l Manufacturing District Surrounding Conditions: North: Manufacturing Properties/ M-1 Manufacturing District East: Manufacturing Properties! M-l Manufacturing District South: Multi-Family Residential Properties/ R-5 Residential District West: Manufacturing Properties/ M-1 Manufacturing District City Council - Wheaton City Hall 303 W. Wesley Street Wheaton, IL Fax TDD Mayor Michael J. Gresk City Manager - Dzugan Fitch John Prendiville John Rutledge Michael Barbier Todd Scalzo Phil Suess

8 PLANNING DEPARTMENT CONCERNS AND COMMENTS BACKGROUND The M-1 Manufacturing District is situated just west of Downtown Wheaton. The main boundaries of the M-1 Manufacturing District are Lincoln Avenue on the north, Canton Avenue on the east, Childs Street on the South and Commerce Drive on the west. Wheaton s Comprehensive Plan states that the M-1 Manufacturing District consists of 38.6 acres and represents.5 % of the property within the City of Wheaton, with no new sites being considered for expansion. Permitted uses in the M-1 Manufacturing District include: Processing and manufacturing businesses, businesses that provide supplies andor services primarily to industrial or manufacturing customers, contractor yards, motor freight terminals, public utility and public service uses, automobile service stations, tennis clubs and business and professional offices. Special uses in the M-l Manufacturing District include: Buildings Primarily Devoted to Religious Worship and Kennels. Kemiels are a defined by the Zoning Ordinance as An establishment where four (4) or more dogs or cats are bred, trained, or boarded, each having an age of four (4) months or more. PROPOSAL The applicant owns an existing Kennel, Lap of Luxury Pet Resort, located at 805 West Liberty Drive that opened in 2013 and provides dog daycare and overnight hoarding for dogs, cats and small animals. The applicant is looking to purchase the existing building located at 703 Childs Street to relocate and expand her existing business. The subject properly is.31 acres in size and zoned M-1 Manufacturing District. The site is adjacent to other M l zoned properties. Kennels are permitted by special use permit in the M-l Manufacturing District. Current hours of operation at the existing location are 7 am to 7 pm. Monday through Friday and 8 am to 6 pm, Saturday and Sunday. l[owever, the applicant is considering extending her hours at the new location from 6 am to 9 pm, seven days a week. They currently have 6 employees, with 2-3 employees working al one time. Depending on the season, they service anywhere from dogs and 0-6 cats daily. The applicant has prepared a floor plan as part of her special use permit submittal. The front portion of the building includes a lobby and reception area. A cat area, restroom, utility room and kitchen are also included in the front portion of the building. The middle portion of the building includes the dog kennel area, with 26 kennels shown on the floor plan. The back portion of the building includes five playrooms and additional restrooms. The subject property has an existing parking lot located to the east of the building for employee and customer parking that contains 13 parking spaces. The applicant initially plans to walk the dogs in the area north of the existing building designated on the site plan as the walking area/ future fenced area. Eventually, this area would be fenced to allow the dogs to play off leash. The existing asphalt may also he replaced in the future with synthetic grass if financing permits. PLANNED UNIT DEVELOPMENT Any redevelopment in the M-l Manufacturing District, in this case adding the fenced area to the north of the existing building, requires a special use permit for a planned unit development (PT.JD). The Zoning Ordinance states that various uses for which a special use permit is required may or may not be compatible with adjacent uses, depending upon their location relative to other uses. the capacity of adjacent

9 streets, the characteristics of the proposed use, and other factors. The purpose of the special use permit procedure is to ensure that all granted special uses comply with the purposes and intent of the Zoning Ordinance. According to Article 5.1OD of Wheaton s Zoning Ordinance, the applicant must provide sufficient evidence at the public hearing that the following special use permit standards for a planned unit development (PUD) will be met: I. The establishment, maintenance, or operation of the special use shall not be detrimental to the public health, safety, morals, comfort, convenience, and general welfare; 2. The special use shall not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, not substantially diminish property values within the neighborhood; 3. The establishment of the special use shall not impeded the normal and orderly development and improvement of the surrounding property for uses already permitted; 4. Adequate utilities, access ways, drainage, and other necessary facilities shall be provided; 5. Adequate measures shall be taken to provide ingress and egress designed to minimize traffic congestion in the public streets; 6. The special use shall comply with the objectives of the Wheaton Comprehensive Plan; and 7. The special use shall conform to the applicable requirements of the district in which it is located as well as any other applicable requirements of this ordinance, except as many be varied by the Planning and Zoning Board or City Council. RECOMMENDATiON The applicant has successfully operated her existing business at 805 W. Liberty Drive without issue since Staff has no reason to believe that the expansion and relocation of the existing business would prevent the business from being operated in a similar manner. Provided the applicant sufficiently addresses the special use permit standards for a planned unit development (PUD) at the public hearing, staff would recommend approval of ZA #17-21 as presented. Respectfully submitted, Tracy L. Jones, AICP Staff Planner Attacliment s

10 Proposal & Standards Applicable to Special Use Permits Lap of Luxury Pet Resort provides dog daycare and overnight boarding for dogs, cats. and small animals. The dogs play and socialize in plarooms during the day. Every hour we take the dogs for a walk outside on leash. We plan on fencing in an outdoor area adjacent to the northern face of the building so the dogs may play outside off leash. At night the dogs are kept indoors in separate kennels. Our business hours are 7am to 7pm Monday through Friday. Sam to 6pm Saturday and Sunday. \Ve plan on possibly extending our hours to be 6am to 9pm seven days a week. After 7pm the lobby would be closed except possibly for training classes. The dogs hoarding overnight would only he outside after 7pm to 9pm for quick potty breaks to help them wind down for bedtime. We currently have 6 employees. 2-3 Employees work at one time. We may have dogs daily depending on the season and 0-6 cats depending on the season. Lap of Luxury Pet Resort has been located at 805 West Liberty Drive in Wheaton for four years. We have decided to move to 703 C hilds St. in Wheaton in order to expand the business and provide a dedicated facility to our customers. Lap of Luxury Pet Resorts will not he modifying any existing outdoor facilities (aside from the previously mentioned fence addition) or ingress egress. and its normal day to day business activities will he in compliance with items 1-7 of the Standards Applicable to Special Use Permits.

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17 Wheaton, IL S. Canton Ave., Ste. 200 LLC Managing Member be located at the property known as 703 Childs Street under Zoning Application # (Subject property) rain water and melted snow is tolerable, but this run off mixed with animal urine and excrement would cause an extremely unpleasant smell and sight and would create a health risk. including its current use that will enable the subject property to continue being a good neighbor. Donald A. Kosar We are strongly opposed to the issuance of a special use permit for a PUD to allow a Kennel to property. There are mutual use easements between both properties. We are concerned that the close proximity of the proposed fenced walking area (presumed to be (The current use of the subject property is also office space.) Incessant dog barking will used to walk dogs) will disturb the current relative peace and quiet that exists in this general area. building, at 300 S. Carlton Ave. in Wheaton. for the most part by K&B, with a small portion of the easement drive owned by the subject K&B Properties, LLC (K&B) is the owner of the property known as 300 Carlton Centre, an office Tuesday, August 22, 2017 at 7:00pm. The subject property abuts our property at its northeast corner along a driveway easement owned The reasons for our opposition are as follows: The inability to retain or attract tenants will have a detrimental effect on the value of our property. undoubtedly be heard even through closed windows and doors and even walls. This will be detrimental to retaining our current office tenants as well as the ability to attract future tenants. Our standard tenant lease provides our tenants with quiet enjoyment of their leased spaces. property on to our property (primarily the easement drive) during rains and winter thaws. Clean Over the past 17 years that we have owned our building, we are aware of run off from the subject We believe that approving the pending zoning application will create a nuisance and detrimentally affect the neighboring properties. We further believe that there are better uses for the property Respectfully submitted, To the Members of the Wheaton Planning and Zoning Board: To be presented at the Wheaton Planning and Zoning Board Public Hearing scheduled for K&B PROPERTIES, LLC

18 R/7)lrn7 j.4 j Dity of Wheaton flup;f/ US! L W1 uiiiiti 1JuIn..c, aiiiiaia1wiil1. i.cu[,a Animal Contro Lost Pets If you lose a pet, you should inunediately report the missing pet to both: the Wheaton Police Department non-emergency number at , and DuPage County Animal Control at 63o When you contact the Wheaton Police Department, we will ask questions about the pet and record the information. When the Police Department finds stray pets, it attempts to match them up with lost animal reports and reunite pets with their owners. When a Community Service Officer picks up a stray pet and there is no reported owner information, the animal is taken to DuPage County Animal Control. Animal Noise Regulation The Wheaton Police Department enforces the portion of Wheaton s City Code that regulates barking dogs. Under WciycL SL4:97, it is a violation for anyone to keep an animal that creates a noise disturbance (through loud, frequent barking, howling, yelping, whining or creating other oral noises) for: io minutes or more in the same hour between 7 a.m. and ii p.m. 5 minutes or more in the same hour between 11:01 p.m. and 6:59 a.m. Please be a good neighbor by adhering to the City s animal noise regulations. Excrement Removi]l The City of Wheaton requires animal owners or caregivers to clean up their dogs or cats excrement from other people s property. Not cleaning up after your pet s waste violates Leash Laws For the safety of our community and the safety of pets, the City of Wheaton requires dogs to be on a leash or securely enclosed within a