AGENDA MEMO

CITY COUNCIL

MEETING DATE:  May 3, 2010

 

 

Issue Statement

 

PZC 2010-03:           PetSmart, Darien Towne Centre, 2153 75th Street:  Petitioner seeks approval of a Major Amendment to the Darien Towne Centre Planned Unit Development (PUD) to allow an additional use within the PUD, a kennel (pet hotel), within the PetSmart store.

                                   

ORDINANCE                      PETITION                      SURVEY

 

Discussion/Overview

 

At their respective meetings, both the Planning and Zoning Commission and the Municipal Services Committee recommend approval of the petition as presented.  The required public hearing was held on April 7, 2010, by the Planning and Zoning Commission.

 

A draft ordinance is attached.

 

The full staff agenda memo follows as “Additional Information.”

 

 

Decision Mode

 

The Planning/Zoning Commission considered this item at its meeting on April 7, 2010.

The Municipal Services Committee considered this item at its meeting on April 26, 2010.

The City Council will consider this item at its meeting on May 3, 2010.

 

 


Additional Information

 

 

Issue Statement

 

PZC 2010-03:           PetSmart, Darien Towne Centre, 2153 75th Street:  Petitioner seeks approval of a Major Amendment to the Darien Towne Centre Planned Unit Development (PUD) to allow an additional use within the PUD, a kennel (pet hotel), within the PetSmart store.

 

Applicable Regulations:        Ordinance O-18-93:  Ordinance zoning certain property and approving the PUD.

                                                Zoning Ordinance, Section 5A-3-2-5:  Planned Unit Development Regulations, Changes in the Development

 

 

General Information

 

Petitioner:                              PetSmart, Inc.

                                                19601 N. 27th Avenue

                                                Phoenix, AZ 85027

 

                                                c/o  John Philipchuck, Esq.

                                                123 Water Street

                                                Naperville, IL 60540

 

Property Owner:                   Inland Southeast Darien, LLC

                                                2901 Butterfield Road

                                                Oakbrook, IL 60523                                     

 

Property Location:                Darien Towne Center, 2153 75th Street

 

PIN:                                         09-29-400-019

 

Existing Zoning:                     B-3 General Business District/PUD

                                               

Existing Land Use:                 Shopping center

 

Surrounding Zoning and Land Use (surrounding the Darien Towne Centre shopping center):

 

North:       B3 General Services and Highway Business, R5 Two Family Residence and R6 Multiple Family Residence (all within the Village of Downers Grove) – shopping center, multi-family residences.

South:       R4 Single-Family Residence (DuPage County) and R-2 Single-Family Residence (Darien) – single-family detached homes.

East:          B-2 Community Shopping Center Business and R-2 Single-Family Residence – Steak ‘n Shake and single-family detached homes.

West:        B-2 Community Shopping Center Business and R-2 Single-Family Residence – Marketplace at Darien shopping center, fire station, ComEd substation.

 

Comprehensive Plan Update: Commercial

 

Size of Property:                   50 +/-  acres (shopping center), 0.58 acres for store

 

Floodplain:                             West end of the shopping center, adjacent to Lyman Avenue.   

 

Natural Features:                  Wetland areas on the west and south sides of the shopping center.

 

Transportation:                     Property has frontage and access onto 75th Street and Lyman Avenue.

 

 

Documents Submitted

 

This report is based on the following information submitted to the Community Development Department by the petitioner:

 

1.         ALTA/ACSM Land Title Survey, 1 sheet, prepared by The Balsamo/Olson Engineering Company, dated September 14, 2000.

2.         Store floor plan (existing), 1 sheet, prepared by PetSmart.

3.         Store floor plan (proposed), 1 sheet, prepared by PetSmart.

4.         Information bulletin, 6 sheets, prepared by PetSmart.

 

 

Planning Overview/ Discussion

 

The Darien Towne Center was approved as a Planned Unit Development (PUD) in 1993.   The PUD includes the shopping center, anchored by Wal-Mart, PetSmart and Home Depot, and the outlots along 75th Street (Harris Bank, Aldi, Citi Bank, and Friday’s.)  Ordinance O-18-93 regulates the permitted uses within the PUD.  Per this ordinance, permitted uses within the B-1, B-2 and B-3 zoning districts are permitted within the PUD.

 

PetSmart proposes to alter their store to provide a pet hotel within their store.  The proposed use falls under the definition of a “Kennel” under the Darien Zoning Ordinance.  A kennel is not a permitted use within the B-1, B-2 or B-3 zoning districts.

 

Per the Darien Zoning Ordinance, a change in the permitted uses within a PUD is considered a major change to the approved PUD.  A public hearing is required, and approval by the City Council is required, for approval of a major change to a PUD.

 

The information provided by the petitioner indicates that the alterations will be interior only.

 

The information provided by the petitioner concerning the operation of the pet hotel includes the following points:

 

            1.         Pet care specialists to be on site 24-hours a day, 7 days a week.

            2.         Veterinarian on-call at all times.

            3.         Facility is air conditioned, with separated dog and cat ventilation systems.

            4.         Playtime and exercise provided.

            5.         Facility is designed to mitigate sounds, odors and waste.

 

The petitioner should elaborate on the specifics of how the pet hotel will operate, confirming outdoor activities, if any.

 

The following PetSmart stores currently have pet hotels, the Commission members are encouraged to check out these locations:

 

            1.         3111 111th Street, Naperville

            2.         976 N. Route 59, Aurora

            3.         2775 Plainfield Road, Joliet

            4.         9277 159th Street, Orland Park

 

The PetSmart store in Darien currently provides veterinarian care and includes pets for sale.  Pets are able to be within the store, with their owners.  Staff is not aware of any issues from this store.

 

 

Staff Findings/Recommendations

 

Staff does not object to this petition based on the information presented.  The information provided by the petitioner indicates all activities will occur within the store and efforts will be made to minimize any impacts.  Currently, animals come and go with their owners for care, training and shopping.

 

Staff recommends the Planning and Zoning Commission make the following motion recommending approval of the petition:

 

Based upon the submitted petition and the information presented, the request associated with PZC 2010-03 is in conformance with the standards of the Darien City Code and, therefore, I move the Planning and Zoning Commission approve the petition as presented.

 

 

Planning and Zoning Commission Review – April 7, 2010

 

The Planning and Zoning Commission considered this matter at its meeting on April 7, 2010.  The following members were present:  Beverly Meyer – Chairperson, Robert Erickson, Donald Hickok, Gloria Jiskra, John Lind, Raymond Mielkus, Kenneth Ritzert, Michael Griffith – Senior Planner and Elizabeth Lahey – Secretary.

 

Members absent:  Ronald Kiefer and Susan Vonder Heide.

 

Michael Griffith, Senior Planner, reviewed the staff agenda memo.  He stated this petition is a major amendment to the PUD, since it involves changing the permitted uses within the PUD. 

 

He stated the petitioner proposes to establish a pet hotel within the store.  He stated the information indicates all activities will take place within the store with measures taken to minimize any nuisances.

 

John Philipchuck, attorney, representing PetSmart, and Andrew Whiteaker, PetSmart, were present.

 

Mr. Philipchuck described the proposed use.  He stated the petshotel will offer boarding for pet parents who need pet care while on vacation, but will also provide day care for pets.  He stated the petshotel will occupy 5,734 square feet of the stores 25,468 square feet.  He stated there will be 24-7 staffing of the petshotel and all activities take place inside.

 

Mr. Philipchuck stated the dog waste is directed to the sanitary sewer, while the cat waste is scooped into bags and placed in the dumpster like one would do at home.  He stated the area is designed to minimize noise from the animals.

 

Chairperson Meyer asked where pets are walked.

 

Mr. Philipchuck stated the pets are kept inside, the exercising is inside the petshotel.

 

Commissioner Lind asked about the cat waste.

 

Mr. Whiteaker stated the cat waste is scooped just like one would do at home, placed into a bag and put into a dumpster.

 

Commissioner Lind asked about the HVAC separation.

 

Mr. Whiteaker stated the air circulation system is filtered and the air is separated between the cat and dog area.

 

Commissioner Erickson asked about the number of pets that would be accommodated.

 

Mr. Whiteaker stated there will be 112 rooms.  He stated the holidays are a peak time, but typically the number is about 80 rooms used.  He stated that pets can be placed in a single room, or a double room, to accommodate pets from the same family.

 

Commissioner Erickson asked if the vet at the store is employed by PetSmart and if the pet care people will be employed by PetSmart.

 

Mr. Whiteaker stated there are typically two people that stay over night to care for the pets, the night shift.  He stated the vet at the store is not employed by PetSmart, but that the pet care specialists will be trained PetSmart employees.  He stated there would be about 8 employees staffing the petshotel, during normal operations.  He stated they make arrangements with local vets for emergency care.

 

Commissioner Ritzert asked if there will be adequate sound insulation.

 

Mr. Whiteaker stated the walls as constructed provide sound insulation, and the petshotel is designed to minimize noise to adjacent businesses.  He stated they have done sound studies are other stores and have not found any problems with adjacent business tenants experiencing noise issues.

 

Commissioner Lind asked about a fire, how the pets are evacuated.

 

Mr. Whiteaker stated they work with the local fire department evacuation procedures.  He stated, typically, the fire department wants the animals kept in their cages when they arrive so the fire department can take the animals out of the building.  He stated the store has sprinklers and fire rated construction materials.

 

Commissioner Hickok asked about the sizes of the cages, and stacking of the cages.  He questioned the area of the petshotel and how the space could accommodate the number of rooms stated earlier, play rooms, offices, etc.  He asked if the cages have a solid bottom.

 

Mr. Whiteaker stated the cages vary in sizes with a solid bottom.  He stated the cages are double stacked.  He stated the follow the humane society guidelines on cage sizes.

 

Mr. Whiteaker confirmed that the petshotel will occupy over 5,000 square feet and there is room to accommodate the stated rooms, play rooms, etc.

 

Commissioner Lind stated that they have done this before and have worked out the operation details.  He stated they know what they are doing.

 

Commissioner Ritzert asked if the other businesses in the shopping center had been notified of the petshotel and if they had signed off on the use.  He stated that he questioned how he could vote on the matter without approval from the other businesses.

 

Mr. Philipchuck stated no, the adjacent businesses had not been contacted.  He stated public hearing notices went out to adjacent property owners, the property owner is listed on the petition and there is a public hearing sign on the property that would likely be seen by the managers of the businesses within the shopping center.

 

Mr. Griffith stated that he did receive a phone call from a manager at Wal-Mart to inquire about the public hearing.  He also stated that it is the property owner who has the vested interest in the permitted uses on the property, not the businesses who lease space.  He stated that he did not think the City could require the petitioner to get approval from the other businesses within the shopping center.  He stated the property owner is on the petition form.

 

There was not anyone from the public to offer comments.

 

            Without further discussion, Commissioner Lind made the following motion, seconded by Commissioner Hickok:

 

Based upon the submitted petition and the information presented, the request associated with PZC 2010-03 is in conformance with the standards of the Darien City Code and, therefore, I move the Planning and Zoning Commission approve the petition as presented.

 

            Upon a roll call vote, THE MOTION CARRIED by a vote of 5-2:

 

            Ayes:              Meyer, Hickok, Jiskra, Lind, Mielkus

            Nays:              Erickson, Ritzert

            Absent:          Kiefer, Vonder Heide

 

 

Municipal Services Committee Review – April 26, 2010

 

The Municipal Services Committee considered this matter at its meeting on April 26, 2010.  The following members were present:  Alderman Joseph Marchese – Chairman, Alderman John Galan, Alderman Ted Schauer, Dan Gombac – Director, Michael Griffith – Senior Planner and Elizabeth Lahey – Secretary.

 

Michael Griffith, Senior Planner, briefly reviewed the agenda memo, described the petition and noted the public hearing and the Planning and Zoning Commission’s recommendation.  Mr. Griffith stated the Committee had received the information provided by the petitioner concerning the operation of the pet hotel, and that all activity will occur inside.

 

John Philipchuck, attorney, representing PetSmart, the petitioner, was present.

 

There were not any questions from the Committee.

 

There was not anyone from the public to offer comment.

 

Without further discussion, Alderman Galan made a motion to recommend    approval of the petition, seconded by Alderman Schauer.

 

            Upon a voice vote, THE MOTION CARRIED by a vote of 3-0.