Long-delayed Dog Daycare at Florida and 14th Moves Forward

A long struggle to open a dog daycare facility on the ground floor of the View 14 apartment building (2303 14th Street NW, at the corner of Florida Avenue) appears headed toward a successful conclusion. The aspiring proprietors had to engage in a multi-year struggle to change DC zoning. In addition, they also had a conflict over the name of the new establishment, which was very similar to a local pet care organization of long standing.

From Doozy Dog's submission to DC zoning authorities

The establishment has changed its name -- it will now be called "Doozy Dog". This name was arrived at after much research, the management team told a committee of Advisory Neighborhood Commission (ANC) 1B/U Street. The research could uncover no establishment with this similar name, not only here in the DC area, but indeed anywhere in the US, a team from Doozy Dog told ANC1B's Zoning, Preservation and Development Committee on March 16.

Doozy Dog is the first branch east of the Mississippi for a Los Angeles-based chain of dog daycare facilities known elsewhere as Citydog! Club. When it first appeared before a committee of ANC1B over a year ago asking for zoning relief -- see SALM blog post of December 18, 2013 -- it used this name. Shortly afterward, a local business called City Dogs Daycare, Dupont Circle-based and open since 1999, objected to the new establishment's name -- see SALM blog post of January 6, 2014. The dispute seemed to lead to the decision to change the name of the local branch of the chain.

In addition to changing the name, the proprietors and their attorneys were involved in a successful effort to change DC zoning requirements regarding pet boarding, grooming, and care businesses. As a result, it is no longer required that such an establishment be at least 25 feet from a residence. Another revision to zoning regulations now allows pet care establishments to open in the basement of a mixed-use buildings as a "matter-of-right", that is, without needing any zoning relief.

In addition, the former requirement that such an establishment be in a "sound-proof building" was relaxed -- instead, the establishment must show it will produce no "noise objectionable to residential units" in the same building or nearby buildings. A similar relaxation of standards was made in regard to odor.

With all these problems solved, Doozy Dog is now ready to take the final steps. These involve obtaining an officially-blessed revision of a 2006 Planned Unit Development (PUD) agreement that allowed the View 14 building to be built in the first place. This revision will allow Doozy Dog to open without seeking further zoning relief.

Representatives of Doozy Dog allowed that applying for a revision of a PUD so long after the initial agreement was "unusual".

The ANC committee heard the case for the planned revision of the PUD. The proprietors and their attorney reviewed some details of their planned operation, including disposal of animal waste. Parking was also discussed -- there will be a 15-minute drop-off zone. No other parking mitigation is planned. The proprietors expected most of their customers would come on foot.

The committee voted unanimously to endorse the proposed revision to the PUD. The committee's recommendation will go the full ANC for approval. It will probably be on the agenda of the next scheduled meeting of the full ANC on April 2. The meeting will be at the Reeves Center (14th and U Streets) and is scheduled to start at 6:30pm -- 30 minutes earlier than usual.

A hearing before DC zoning authorities on this case is scheduled for April 20. There was no mention at the meeting of when Doozy Dog was planning to open.

City Dog Fight at ANC1B

It was Citydog! vs. City Dogs at the January 4 meeting of Advisory Neighborhood Commission (ANC) 1B/U Street. The two canine daycare establishments seem headed toward a long and unpleasant turf battle.

City Dogs: 15 years in D.C.

The dogs in the fight 

The struggle appears to center on trademark infringement -- not an area where ANCs have any say. 

CityDog! Club, a newcomer to the D.C. area, aims to start operations near City Dogs Daycare. City Dogs Daycare has been in business in D.C. since 1999, according to a statement by an owner at the ANC meeting. The CityDog! Club plans to do business at the corner of Florida Avenue and 14th Street NW; the City Dogs Daycare is located at 1832 18th Street (between T and Swann Streets).

City Dogs Daycare also shares space and management with City Dogs Rescue, a non-profit operating since September 2011 and "formed for one reason: to rescue adoptable dogs in overcrowded and high-kill shelters", according to its FAQ page.

Citydog! Club: first franchise in D.C.

Partisans of City Dogs Daycare/Rescue have established both a Facebook page in opposition to Citydog! Club as well as an online petition at Change.org that has gathered more than 100 electronic signatures.

The newcomer CityDog! Club came before ANC1B January 4 to request endorsement of requests from D.C.'s Board of Zoning Adjustment (BZA) for zoning variances and special exceptions that would allow it to operate on the first floor of a mixed-use building. ANC1B's Design Review Committee had already recommended the full ANC endorse CityDog! Club's request -- see SALM blog post of December 18, 2013. (No representatives of City Dogs Daycare came to the Design Review Committee meeting, which took place on December 16.)

At the January ANC meeting, City Dogs Daycare told the ANC the establishment of a nearby business with a similar name would confuse customers and have an adverse effect on the community, and urged the ANC not to endorse the request.

Discussion

There followed a long discussion about what exactly the ANC should be discussing. Citydog! Clubs argued that their request to the BZA only required a demonstration that the operation of a canine daycare/grooming service would not inconvenience the neighbors directly abutting the proposed location of the business. Citydog! Club said they had demonstrated to the Design Review Committee that abutting neighbors would not be adversely effected. In reply, City Dogs Daycare advocated consideration of the impact on the wider community.

An attorney for Citydog! Club said their zoning-related requests met the letter of the law. City Dogs Daycare had a different interpretation.

A representative of Citydog! Club said they would not consider renaming their business, which is part of a chain.

A proposal by Commissioner Jeremy Leffler (district 02) to send the matter back to the Design Review Committee for reconsideration went nowhere. It was determined that, by the time the Design Review Committee met, made a decision, and sent the decision back to the full ANC for another vote, CityDog! Club's hearing at the BZA would already have passed, rendering the activity pointless.

The vote

The motion to endorse the request for zoning variances and special exceptions failed on a tie vote of 4 - 4.

Commissioners voting to endorse the request: Sedrick Muhammed (district 03), Ricardo Reinoso (05), James Turner (09), and Tony Norman (10).

Commissioners voting against the endorsement: Marc Morgan (01), Jeremy Leffler (02), Juan Lopez (07), Zahra Jilani (12).

Commissioners Deborah Thomas (04), Emily Washington (08), and E. Gail Anderson Holness (11) were not present at the meeting.

Commissioner Dyana Forester (06) was present earlier at the meeting but had to leave before the vote due to a family emergency.

Next steps

The request by CityDog! Club will now proceed to the BZA without ANC1B endorsement. The BZA hearing is scheduled for February 4, at 9:30am, at the Zoning Commission's hearing rooms, located at One Judiciary Square, 441 4th Street, Room 220 South.

Meanwhile, on its anti-CityDog! Club Facebook page, City Dogs Daycare put out a request for ANC1B residents, especially residents of the mixed-used building where CityDog! Club is intending to set up shop (View 14, 2303 14th Street), to come forward and support its attempt to block CityDog! Club's petition before the BZA.

Citydog! Club First DC Location at 14th and Florida

A committee of Advisory Neighborhood Commission (ANC) 1B/U Street voted December 16 to endorse the request for zoning variances necessary for the establishment of a day-care service for dogs on the first floor of a mixed-use building at the corner of 14th Street and Florida Avenue NW. The recommendation of the Design Review Committee will now go to the full ANC for consideration at the next meeting in January.

CityDog! Club seeks to open here

CityDog! Club aims to set up its first franchise east of the Rockies at a building whose address was given variously at the meeting as 2301 and 2303 14th Street. However, the building also has humans living in it, so it needs a handful of zoning adjustments. Specifically, D.C. zoning regulations state animal shelters, animal boarding, and pet grooming establishment shall not abut a residential building. This case is somewhat unusual in that the abutting neighbors are not to the east, west, north, or south of the establishment seeking relief, but above it, i.e., the residents of the second floor apartments.

Presentation to ANC

A team lead by attorney Leila Batties of the law firm of Holland & Knight made the presentation to the committee. Also present were representatives of Citydog! Club and building owner-operator UDR.

Batties reported they had reached out to residents of the building five weeks ago. They had collected 105 signatures of residents saying they had no objection. This is 60 percent of the occupied units. Of the five apartments directly above the proposed canine day-care center, three had signed letters of support, and one apartment is vacant.

The presentation included a comprehensive summary of the planned business's layout and procedures. Half of the area of the business will be rooms for dogs to run around in. Ten percent is for canine sleeping and eating. There will never be more than 50 dogs on the premises at any time, and at most times there will be far fewer. Dogs may be dropped off for long or short periods, regularly or irregularly. Overnight boarding will be possible -- there will be staff on the property overnight to mind the dogs.

The two possible irritants for neighbors of this business will be odor and noise. The presenters demonstrated why they believe their business will be a good neighbor, meaning, the neighbors will not be subject to unpleasant smells or sounds.

Smells

Speaking about their experience opening the other branches, one presenter said: "What we learned is -- you can't be too clean."

The entire space will be cleanable and will be cleaned four times a day, the presenters said. Ventilation will be planned so that the air in the establishment will "turn over" eight to twelve times an hour. The presenters also showed  pictures of "Pet-o-Potties" (trade name: "PooPee Patches"), an indoor toilet for dogs. They are raised platforms with grass and a fire hydrant. Each dog "play room" will have one. These will be sanitized throughout the day and will drain directly to the sewer. The grass on the platform will be replaced monthly.

Sounds

The team brought along a sound consultant from the Polysonics Corporation to explain noise alleviation measures.

The consultant proposed a worst-case scenario. If the establishment was filled to capacity with 50 dogs and they were all barking continuously without stopping, the sound would probably be about 100 decibels (similar to the noise of a hand drill or a power lawnmover at three feet). The seven-inch-thick concrete slab between the first and second floors only alleviates sound up to 80 decibels. So, Citydog! Club will have an additional dropped ceiling, containing two layers of drywall and insulation. These measures taken together, the consultant said, would attenuate sound up to 100 decibels.

The representative of UDR pointed out that, because the company owns and manages both the residential and retail portions of the mixed-use building, it is in their interest to mitigate the noise as completely as possible.

The vote to support Citydog! Club's application was passed unanimously, with one abstention. 

CityDog! Club currently has two locations in the Los Angeles area, and one each in Dallas and Seattle. The first branch was opened two years ago.

The DC branch plans to employ 15 people, about half of them full time. Representatives of Citydog! Club said they planned to hire all staff locally.

The next meeting of ANC1B will be Thursday, January 2 9, 2014, at the Reeves Center, located at the corner of 14th and U Streets. CityDog! Club will want ANC1B's endorsement at that time so they will have it in hand for their scheduled hearing at DC's Board of Zoning Adjustment (BZA) on February 4.

(Photo credit: Google Street View)