P: Special Use Permit

STAFF REPORT 2016-16P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, August 4, 2016 To: From: Re: Paul Luke, Chairman, Skokie Plan Commission Steve Marciani, AICP, Planning Supervisor 2016-16P: Special Use Permit 4927 Main Street Related Cases 2016-13P: Zoning Chapter Amendment 2016-14P: Site Plan Approval 2016-15P: Parking Determination 2016-16P: Special Use Permit 2016-17P: Special Use Permit General Information Location Purpose Petitioner Size of Site Existing Zoning & Land Use 4927 Main Street To obtain a special use permit for an animal shelter at 4927 Main Street in a TX Transit Mixed-Use zoning district and any relief discovered during the review of this case. Tumbling River LP, on behalf of Community Animal Rescue Effort, Inc. 14,432 ft 2 with frontage on Main Street & Niles Center Road TX Transit Mixed-Use Adjacent Zoning & Land Use North South East West TX Transit Mixed-Use automotive repair facility TX Transit Mixed-Use automotive repair facility, office and light manufacturing M2 Light Industry Skokie Valley Trail TX Transit Mixed-Use warehousing, truck and freight transportation services B2 Commercial townhouse residences Comprehensive Plan The site is designated as transit oriented mixed-use. SITE INFORMATION The southern site has two adjacent multitenant buildings, one with a partial second story. There is a covered depressed loading dock on the east side of the north building. VOSDOCS-#499943-v1-Staff_Report_for_2016-16P special_use_permit_for_c_a_r_e animal_shelter_at_4927_main_street.docx 1 of 9

Parking for the site is located south of the buildings and on a separate lot north of Main Street. Portions of both parking lots and associated driveways encroach onto land formerly owned by the adjacent railroad and now owned by the Village; the occupied portion to the south of Main Street is the part of the Skokie Valley Trail. The south parking lot is deteriorated and lacks many improvements required by the Zoning chapter. It also contains 3 utility poles within the paved area of the lot. Public sidewalks run along Main Street and Niles Center Road. Overhead utilities run through the south side of the site, which also serve 2 buildings to the south of the property. Main Street has a dedicated bicycle lane and the Skokie Valley Trail provides an offroad cycle path. The site is served by the CTA 97 Skokie bus. The CTA 54A bus is ¼-mile to the east. The CTA Yellow Line Oakton-Skokie and CTA Yellow Line Dempster-Skokie are both about ½-mile away. STAFF ANALYSIS Petitioner s Submittal Tumbling River LP, on behalf of Community Animal Rescue Effort, Inc. is requesting a special use permit for an animal shelter at 4927 Main Street in a TX Transit Mixed-Use zoning district and any relief discovered during the review of this case. The petitioner submitted a full narrative, which is attached to this report. Here is a summary of that narrative with items relevant to this case: Our plan is to update the 4927 Main Street building, parking lots and surrounding landscaping for use as our animal shelter. C.A.R.E. is a "limited access, unlimited stay'' organization. This means that adoptable animals remain with us until the right home is found. The shelter will provide the Skokie community with an attractive, bright, and welcoming resource to find a companion animal, participate in humane educational programs, take advantage of volunteer and community service opportunities, and meet with knowledgeable volunteers who can assist with information, training tips, and support in caring for their pets. C.A.R.E. has already begun to actively participate in the many community events offered by Skokie and looks forward to expanding our engagement with the community through work with local schools and community groups, particularly those that serve children and teenagers, to provide shelter tours and humane education. C.A.R.E. would be an active community advocate for responsible pet ownership, including spaying and neutering, regular vaccinations, obedience training for dogs, and microchipping to ensure lost pets can be reunited with their owners. C.A.R.E. volunteers have long favored Skokie as an ideal location for our shelter. Not only are many of our volunteers Skokie residents, but also many of our adopters and supporters VOSDOCS-#499943-v1-Staff_Report_for_2016-16P special_use_permit_for_c_a_r_e animal_shelter_at_4927_main_street.docx 2 of 9

are from Skokie. Because of Skokie's central location, C.A.R.E. will be no more than a 30- minute drive from 10 suburbs and the north side of Chicago, making Skokie a destination of choice for those interested in responsible pet ownership and the mission of humane organizations (in addition to Skokie's well-deserved reputation as a destination for shopping, dining, and special events). C.A.R.E., which has worked with Skokie Animal Control in the past, would be available as a resource to Skokie's Animal Control personnel for referrals for people who need assistance with their animals-behavior, rehoming, food, etc. In addition, as resources and space allow, C.A.R.E. would be able to assist the Animal Control Division of the Skokie Health Department in its goal of finding homes for all unclaimed adoptable animals. By expanding into a sheltering facility C.A.R.E. will be able to help at least 50% more cats and dogs than we do currently. Committed to being a good neighbor that adds value to the community, we will enhance the existing outside area with a landscape plan that will also provide a buffer for noise. Shelter dogs will never be outside unsupervised and animal waste will be picked up immediately. The Adoption Center hours are at non-peak times so traffic should not be adversely impacted. Based on past experience, we expect visits from 1-3 individuals/families interested in adopting per weeknight; on weekends 6-10 potential adopters individuals or families. The site has over 35 parking spaces to accommodate both clients and volunteers some of who will be on bicycles. The number of people in the building during open hours (volunteers/public) is expected to be 20-30 in the evenings or on weekend days. Educational programs, shelter tours, etc. that are offered to the community will usually be for smaller groups and should normally be accommodated by the building's parking spaces. Hours of Operation: Adoption hours: Initially hours will be 6 to 8 pm Monday-Friday and noon to 4 pm Saturdays and Sundays. As our volunteer base increases additional adoption hours may be added. Four adoption counselors - 2 cat and 2 dog - will work with adopters to find an animal suitable for their home. Other Working Shifts: Mornings (approximately 8:30-11 am): Animal Care, Laundry and Cleaning; about 3-6 volunteers will be on location. Evenings (6-10 pm): About 10-12 volunteers will be on location (supervisor and cage/kennel crews.) Medical care hours: Volunteer medical personnel (max 2) will be present based on their schedules. Hours with no volunteers on-site: C.A.R.E. does not anticipate having volunteers in the center overnight 10 pm-8: 30 am). The building will be armed with a fire/burglary alarm/sprinkler system. Comments The proposed shelter is 9,534 ft 2 and will occupy the entire north building. The shelter activities will include the acceptance and kenneling of dogs and cats; volunteer and new pet owner training; a Community Area for school groups, meetings of volunteers, and VOSDOCS-#499943-v1-Staff_Report_for_2016-16P special_use_permit_for_c_a_r_e animal_shelter_at_4927_main_street.docx 3 of 9

for miscellaneous community purposes; fundraising events such as dog washes, nailtrimming, yard sales and auctions, holiday bazaars, bake sales, plant sales, and walks/runs; and the storage and transport of pet related foods and supplies to the food bank. A screened outdoor pet exercise area is proposed for the east side of the building (2016-17P). Although C.A.R.E. has no current plans to convert part of the building for retail sales or services to the general public, C.A.R.E. will evaluate its needs and opportunities as they arise. The Planning Division has worked with the applicant for many years to find a location for their animal shelter. At the request of the Village Manager, a set of zoning considerations and site selection criteria was previously developed to assist in the evaluation of locations for this use. Many of these were included in the proposed Zoning chapter amendment (2016-13P) for animal shelters. Staff evaluated the C.A.R.E. proposal for this location against the proposed site selection criteria. The site must have adequate off-street parking to meet the needs of customers and employees. Based on the recommended parking determination in 2016-15P there is adequate parking for this use, but only with the use of the shared public parking spaces in the site plan approval for the planned development in 2016-14P. The site should be on an arterial street with bus service, for convenient access by customers and employees. Niles Center Road is an arterial street with regular bus service 7 days a week. Other bus and train service is in close proximity. The building must be sound proofed. As a condition of this case, 4927 Main Street must be sound proofed so that the noise from inside the shelter cannot be heard offsite. The building should be adequately sized to allow space for required services and exercise for animals when outdoor exercise is not possible due to weather conditions. The proposed outdoor pet exercise area in 2016-17P is covered and mostly sheltered. Some indoor spaces are adequate to meet this condition. Nonprofit organizations should seek rental properties of currently tax exempt properties to preserve the Village s tax base. We are aware of multiple locations in Skokie that C.A.R.E. sought when looking for a new home. At least one was currently tax exempt. Others were not. This is particularly concerning for many on Staff because it is in the Downtown Science and Technology Tax Increment Financing (TIF) district. In TIF districts, all the property taxes collected above the established base go directly for public improvements and economic development programs defined for each district. This revenue is used to generate revenue to pay for the bonds to start the Illinois Science + Technology Park, building the Oakton- Skokie station, assist in funding façade improvements and interior rehabilitation for retail and restaurant uses, utility relocations, land acquisition, and other publicbenefit improvements. The assessed valuation of the TIF is above established base, which means that 100% of the property taxes collected from any increase in value VOSDOCS-#499943-v1-Staff_Report_for_2016-16P special_use_permit_for_c_a_r_e animal_shelter_at_4927_main_street.docx 4 of 9

in the TIF go directly to fund these programs. It also means that 100% of the property taxes lost from any decrease in value in the TIF are directly taken from these programs. C.A.R.E. has worked with the Village to reduce the impact seeking property tax-exempt status by agreeing to only seek exempt status for the tax parcel with the 4927 Main Street building. The site should be in an area where the animals can be brought outside for controlled exercise (walking on a leash). The proposed outdoor pet exercise area fulfills this requirement. Staff is supportive of the mission of C.A.R.E. but does have reservations about this location. It is a large site located in the TX Transit Mixed-Use district that is close to 2 rapid transit stations and could be used for much denser buildings. Because the use is all-volunteer, no jobs will be created from the use. This site has no retail component despite being on a retail street, and will generate no sales taxes except for sales at special events. There are also concerns whether the use will hamper the redevelopment of the adjacent properties. The second, attached building on the site is currently occupied by legal nonconforming uses that do produce employment and should be generating some sales tax. As a condition of this special use permit, the petitioner must agree that no other portion of the site plan in 2016-14P will be removed from the property tax rolls and that upon cession of any of the nonconforming uses, that portion of the building may only be re-occupied by an allowable use in the zoning district. This may require financial contributions in lieu of providing off-street parking, as required in the Zoning chapter. Staff strongly recommends that some accommodation be made for regular retail sales activities in the building such as pet supplies or a café (a cat café is under construction at the Tree House Humane Society in West Rogers Park). Because the use would be short of parking without the use of Village parking and the use will eliminate property tax TIF revenue that would otherwise be used to construct the public parking lot, Staff is requiring that C.A.R.E. fund 35% of the cost of the parking lot that is on Village property. Staff will only support the petitioner s request if all the Recommended Special Use Conditions are agreed to by the petitioner. Also, Staff was not able to make all positive Recommended Findings of Fact. APPEARANCE COMMISSION At its June 8, 2016, meeting, the Appearance Commission approved the proposed façade and landscape improvements, subject to only 1 awning to be located above the main entrance, proposed signs to be approved by Staff, landscaping to be modified and approved by Appearance Commissioner Klein, and loading dock fencing facing Main Street to be improved. Modifications to the façade and landscape plan have since been made, including new board-on-board wood fencing surrounding all 3 sides of the outdoor pet exercise area, replacing the previously-proposed chain link fencing. The VOSDOCS-#499943-v1-Staff_Report_for_2016-16P special_use_permit_for_c_a_r_e animal_shelter_at_4927_main_street.docx 5 of 9

Appearance Commissioner still needs to review the modifications to the landscaping plan. STAFF RECOMMENDATIONS Staff recommends that the petitioner s request for a special use permit for an animal shelter at 4927 Main Street be APPROVED, based upon the Proposed Findings of Fact and only subject to the recommended and standard special use permit conditions. RECOMMENDED SPECIAL USE CONDITIONS 1. The petitioner shall comply with all the conditions in the site plan approval ordinance for this location. 2. The petitioner shall develop the Subject Property in substantial conformance with the final Village approved sign plans dated <insert date of final approved plan> and building elevations dated <insert date of final approved plan>. (Standard) 3. 4927 Main Street must be soundproofed so that the noise from inside the shelter cannot be heard off-site. 4. The petitioner will pay for 35% of the cost of the Village of Skokie owned portion of the public parking lot north of Main Street in <insert ordinance number for 2016-14P>. 5. If any of the nonconforming users that currently occupy the building containing 8343-8347 Niles Center Road cease operation then that portion of the building may only be re-occupied by an allowable use in the zoning district. 6. If any PIN in any portion of the site plan approval ordinance <insert ordinance number for 2016-14P>, other than the parcel with the current boundaries of 10-21- 402-001-000 or a parcel owned by the Village of Skokie, is granted a property taxexemption for a 501(c)(2) or 501(c)(3) non-profit or any other exemption that reduces the amount of property tax 100%, this special use permit is immediately null and void. 7. Pet supplies sales and pet services as well as educational, orientation, and fundraising activities are allowed in conjunction with the use. Collection and remittance of all applicable sales and use taxes are required. 8. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to initiate hearings to determine whether the subject Ordinance, as well as any applicable business licenses, should be revised or revoked. The petitioner shall pay all costs related to any hearings conducted as a result of non-compliance with any of the provisions of the enabling ordinance. The costs shall include but not be limited to court reporter fees, attorney fees, and staff time required researching and conducting said hearing. (Standard) VOSDOCS-#499943-v1-Staff_Report_for_2016-16P special_use_permit_for_c_a_r_e animal_shelter_at_4927_main_street.docx 6 of 9

ATTACHMENTS 1. Community Animal Rescue Effort Adoption Center 4927 Main St. Project Narrative 2. Planned Uses for 4927 Main Street 3. Proposed Findings of Fact for 2016-16P 4. Site Plan, dated June 27, 2016 5. Floor Plan, dated June 27, 2016 6. Elevations, dated June 27, 2016 7. Signage detail, dated June 27, 2016 8. ALTA/Land Title Survey, dated April 11, 2016 9. Land Use and Zoning Map VOSDOCS-#499943-v1-Staff_Report_for_2016-16P special_use_permit_for_c_a_r_e animal_shelter_at_4927_main_street.docx 7 of 9

PLANNED USES FOR 4927 MAIN STREET 1. Acceptance and kenneling of adoptable dogs and cats. Lobby: When a dog or cat is accepted by C.AR.E: Paperwork is started, in the Lobby with a description of animal, how received, what medical work is needed. If animal is a give-up a relinquishment questionnaire is completed. Animal is then given flea treatment and placed in a cage a note is made to collect a fecal sample. C.A.R.E. s volunteer Medical Directors are informed on the new arrival. Animal will be medically assessed and transported by volunteers to a local Vet for spay/neutering, inoculating as needed, and microchipping. Lobby is to be used for adopters to fill out paperwork and then wait for available adoption counselors to determine the appropriateness of adoption. Interior Catios and/or Cages in the West part of building: (Our definition of catio is a large, single level, open room, housing multiple cats) Daily: Evaluate cats: youngest to oldest; healthy to sick Dry food / water dishes, opposite wall of litter pan whenever possible Towel bedding, basket and other beds and carrier. Evaluate cat litter contents, behavior, record findings Fresh water, ½ - ¾ full, dry food, ¾ full Beginning of each volunteer shift, we remove old wet food dishes (all rooms, all cages). Remove leftover food, rinse loose particles, dish soap and bleach, soak 2+ minutes, wash with sponge, washcloth, scrub brush. Rinse thoroughly, dry. Litter pans and Scoops: Rinse loose materials, capful bleach / light amount dish soap Soak 2+ minutes, scrub, rinse thoroughly, dry, put away.

Kennels in East part of building: Daily: First thing in the morning: walk the dog outside: This walk is for relief only, once dog has peed/pooped it is brought back into shelter. Clean dog cages and then clean dogs in dirty cages/clean cages. Remove bowls, toys, towels, etc. pick up poop and food with a plastic bag and throw away - Rinse with power sprayer, lay down Trifectant, scrub, rinse, squeegee to remove most of water and towel dry. Inspect cage to be sure it is completely decontaminated. Collect and wash food and water bowls, and toys/kong in all cages. Bowls/toys with fecal material on them go in bucket with bleach to soak. Empty food in garbage, use dish detergent and bleach, as needed. Dry and put away. Distribute and fill clean water bowls. Experienced C.A.R.E. volunteers shall provide medications to dogs, as directed by a local Veterinarian. Feed the dogs Dogs will be taken a second, longer walk and exercised by experienced volunteer. Dogs are not permitted to interact with each other or with the public. Poop clean-up is mandatory - not doing so is grounds for dismissal. Kennel shall be cleaned, Dishes shall be removed and washed. Water bowls shall be refilled and dogs shall be given toys/kongs Volunteers and potential adopters shall socialize with dog in adoption room. Volunteers shall play with dog on run, extra walks for high-energy dogs. Cage cleaning. Outside Dog Exercise area - will be used to play with dogs or work on obedience training. An experienced volunteer will supervise each dog. Inside Training Area - will be used to work with individual dogs/volunteer trainers. Kitchen will be available for Volunteer use only no animals

2. Educational: When a C.A.R.E. dog is adopted, the adopters will be given a training session with their new dog, going over basics that the dog has already learned. Should the adopter have issue with their new dog, they will be given individual lessons with their dog. Prior to the animal s adoption, volunteers will work the shelter dogs alone and in groups with a trainer. Community Area is to be used for school groups, for meetings of volunteers and for miscellaneous community purposes. The Shelter will be a destination for occasional school and community field trips. Community Area and other available areas will use for orientation sessions for small groups of new volunteers 3. Community Involvement: The Shelter shall provide an opportunity for members of the community, including local high school and college students, to volunteer their time and work on behalf of C.A.R.E. 4. Fundraising: C.A.R.E. is a Sec. 501(c)3, all-volunteer, Illinois not-for-profit corporation that intends to request charitable donations from adopters as well as other members of the community. C.A.R.E. also plans to use the shelter property occasionally for fundraising events such as dog washes, nail-trimming, yard sales and auctions, holiday bazaars, bake sales, plant sales, walks/runs, etc. 5. Partnering with Food Banks: C.A.R.E. currently partners with local food banks, providing pet related foods and supplies to persons of need. This cooperation includes, but is not limited to, the storage and transport of foods and supplies to the food bank. 6. Retail Use. Although C.A.R.E. has no current plans to convert part of the building for retail sales or services to the general public, C.A.R.E. will evaluate its needs and opportunities as they arise.

Proposed Findings of Fact 2016-16P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, August 4, 2016 Consideration The request is consistent with the intent of the Comprehensive Plan. The request will not adversely affect adjacent properties. The request is compatible with the existing or allowable uses of adjacent properties. The request demonstrates that adequate public facilities, including roads, drainage, utilities, and police and fire protection exist or will exist to serve the requested use at the time such facilities are needed. Finding The site is not consistent with the Comprehensive Plan. No jobs will be created from the use, there is no retail component despite being on a retail street, and no sales taxes will be generated except for sales at special events. The condition requiring nonconforming users on the site be replaced with conforming uses will speed up conformance with those portions of the site with the Comprehensive Plan, as will assisting in the construction of public parking for the commercial uses in the area. The proposed use does not adversely affect the current uses on adjacent properties. It is unclear if the use will not adversely affect the redevelopment potential of adjacent properties in the future. The proposed use is currently compatible with the existing or allowable uses of adjacent properties. It is unclear if the use will be compatible in the future with conforming uses. The proposed request does demonstrate that all existing public facilities are adequate. The request demonstrates adequate provision for maintenance and use of the associated structures. The request has considered and, to the degree possible, addressed the adverse effects on the natural environment. The request will not create undue traffic congestion. The request will not adversely affect public health, safety, and welfare. The request demonstrates adequate provision for maintenance and use of the associated structures. With the implementation of the site plan in 2016-14P, which increases the amount of permeable surface, there should be no adverse effects on the natural environment from the proposed use. The proposed use is not expected to create undue traffic congestion. The proposed use will not adversely affect the public health, safety, or general welfare. VOSDOCS-#499943-v1-Staff_Report_for_2016-16P special_use_permit_for_c_a_r_e animal_shelter_at_4927_main_street.docx 8 of 9

Sheltering stray or abandoned animal provides a public benefit. The request conforms to all applicable provisions of this code, except where relief is granted with the request. The request conforms to all applicable provisions of this code. VOSDOCS-#499943-v1-Staff_Report_for_2016-16P special_use_permit_for_c_a_r_e animal_shelter_at_4927_main_street.docx 9 of 9