Board of Trustees

MONDAY, APRIL 20, 2020 – 8:00 P.M. Until further notice, meetings of the Skokie Village Board will be held electronically, with a majority of Village officials participating via remote access in order to comply with the State of Illinois Stay-At-Home order. Members of the public who wish to comment as to an item on the published agenda or to comment during public comments must submit their statement or question in writing to the Village Manager’s Office no later than by noon (12 p.m.) on the day of the scheduled meeting and all properly submitted statements or questions will be presented and read during the relevant portion of the meeting. Written comments may be submitted by email to citizencomments@skokie.org by mail to Village of Skokie, Village Manager's Office, 5127 Oakton Street, Skokie, Illinois, 60077; or via the Village’s drop box location by the public entry to Village Hall. 1. Pledge of Allegiance led by Village Clerk Pramod C. Shah. 2. Call meeting to order and roll call. 3. Approve Consent Agenda. * 4. Approve, as submitted, minutes of regular meeting held Monday, April 6, 2020. * 5. Approve Voucher List #23-FY20 of April 20, 2020. * 6. Proclamations and Resolutions. A. Proclamations Arbor Day – April 24, 2020 Virtual Stand Against Racism Week – April 19 – April 25, 2020 7. Recognitions, Presentations and Awards. * 8. Appointments, Reappointments and Resignations. 9. Report of the Village Manager. A. COVID-19 Update. B. Request for Executive Session. 10. Report of the Corporation Counsel. Consent *A. This Resolution will approve and allow the Village of Skokie to enter into a Construction Engineering Services Agreement with Gewalt Hamilton Associates, Inc., for construction supervision services for a transmission water main to be constructed along almost two (2) miles of streets throughout the Village. This item is on the consent agenda for approval. *B. This ordinance will reclassify the zoning of the southern 160.63 feet along the east property line (the north line being the party wall line between 3412 Touhy and 3420 Touhy Avenue extended east and west to the lot lines) of the property located at 3412- 3426 Touhy Avenue, from an M3 Industry district to a B2 Commercial district. This item is on the consent agenda for second reading and adoption. 566385v1  *C. This ordinance will grant site plan approval for the property located at 3412-3426 Touhy Avenue. This item is on the consent agenda for second reading and adoption. *D. This ordinance will grant a special use permit to establish and operate a civic, social and fraternal organization in a B2 Commercial district. This item is on the consent agenda for second reading and adoption. 11. Unfinished Business. 12. New Business. 13. Plan Commission. A. Plan Commission Case 2020-07P – Special Use Permit: Good to Great Individuals - 8150 McCormick Boulevard. 14. Citizen Comments. (See information at top of page 1) 15. Adjournment. 566385v1  A MML: *4/20/2020 THIS RESOLUTION MAY BE CITED AS VILLAGE RESOLUTION 20-4-R- A RESOLUTION APPROVING AND AUTHORIZING A CONSTRUCTION ENGINEERING SERVICES AGREEMENT WITH GEWALT HAMILTON ASSOCIATES, INC. FOR THE LINCOLNWOOD TRANSMISSION WATER MAIN PROJECT IN THE VILLAGE OF SKOKIE 1 WHEREAS, the Village of Skokie (hereinafter “Village”) has secured funding from the 2 Village of Lincolnwood (hereinafter “Lincolnwood”) for full time construction engineering 3 observation for a transmission water main to be constructed along almost two (2) miles of streets 4 throughout the Village (hereinafter “Project”); and 5 WHEREAS, the Project will affect almost two (2) miles of streets within the Village with 6 multiple active work sites at any one time and will require the services of an engineer on site full 7 time to provide construction engineering services and help the Village ensure that any issues 8 encountered during construction will be resolved quickly and appropriately to allow for the safe but 9 expedient construction of the water main; and 10 WHEREAS, Gewalt Hamilton Associates, Inc. (hereinafter “Gewalt”), an engineering firm 11 that has previously been utilized by the Village for both design and construction supervision 12 services for various complex projects within the Village, is recommended to supervise this Project 13 predicated on the need to provide continued known service for similar type work, continuity to the 14 project area and Gewalt’s knowledge of this Project; and 15 WHEREAS, the total cost for the construction engineering services is an amount not to 16 exceed $116,400. Lincolnwood has agreed to pay the entire cost; and 17 WHEREAS, in order to commence the Project, the Village must enter into a Construction 18 Engineering Services Agreement with Gewalt Hamilton Associates, Inc., a copy of which is attached 19 hereto as Exhibit “1”, for an amount not to exceed $116,400 which includes construction supervision 20 services and documentation required for this Project; and 21 WHEREAS, the Village Manager recommended to the Mayor and Board of Trustees that the 22 Construction Engineering Services Agreement with Gewalt Hamilton Associates, Inc., be approved 23 substantially in the form attached hereto and marked as Exhibit “1”, subject to changes approved by 24 the Village Manager or designee and the Corporation Counsel of the Village of Skokie; 25 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village 26 of Skokie, Cook County, Illinois that the Construction Engineering Services Agreement with Gewalt 27 Hamilton Associates, Inc., a copy of which is attached hereto and marked Exhibit “1”, or subject to 28 changes approved by the Corporation Counsel and Village Manager or designee, be and the same 29 is hereby approved. 30 BE IT FURTHER RESOLVED by the Mayor and Board of Trustees of the Village of Skokie, 31 Cook County, Illinois that the Village Manager is hereby authorized to execute the Construction 32 Engineering Services Agreement with Gewalt Hamilton Associates, Inc., a copy of which is attached Page 1 of 9 VOSDOCS-#566833-v1- Resolution__Approving_Construction_Engineering_Services_Agreement__Gewalt_Hamilton__Lincolnwood_Transmission_Water_Main 1 hereto and marked Exhibit “1”, subject to changes approved by the Corporation Counsel and Village 2 Manager or designee. PASSED this day of April, 2020. Ayes: ____________________________________ Village Clerk Nays: Absent: Approved by me this day of Attest: April, 2020. Village Clerk Mayor, Village of Skokie Page 2 of 9 VOSDOCS-#566833-v1- Resolution__Approving_Construction_Engineering_Services_Agreement__Gewalt_Hamilton__Lincolnwood_Transmission_Water_Mai n  Exhibit 1 Page 3 of 9 VOSDOCS-#566833-v1- Resolution__Approving_Construction_Engineering_Services_Agreement__Gewalt_Hamilton__Lincolnwood_Transmission_Water_Mai n  Page 4 of 9 VOSDOCS-#566833-v1- Resolution__Approving_Construction_Engineering_Services_Agreement__Gewalt_Hamilton__Lincolnwood_Transmission_Water_Mai n  Page 5 of 9 VOSDOCS-#566833-v1- Resolution__Approving_Construction_Engineering_Services_Agreement__Gewalt_Hamilton__Lincolnwood_Transmission_Water_Mai n  Page 6 of 9 VOSDOCS-#566833-v1- Resolution__Approving_Construction_Engineering_Services_Agreement__Gewalt_Hamilton__Lincolnwood_Transmission_Water_Mai n  Page 7 of 9 VOSDOCS-#566833-v1- Resolution__Approving_Construction_Engineering_Services_Agreement__Gewalt_Hamilton__Lincolnwood_Transmission_Water_Mai n  Page 8 of 9 VOSDOCS-#566833-v1- Resolution__Approving_Construction_Engineering_Services_Agreement__Gewalt_Hamilton__Lincolnwood_Transmission_Water_Mai n  Page 9 of 9 VOSDOCS-#566833-v1- Resolution__Approving_Construction_Engineering_Services_Agreement__Gewalt_Hamilton__Lincolnwood_Transmission_Water_Mai n  B MML: * 4/20/2020 PC: 2019-47P THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 20-4-Z- AN ORDINANCE AMENDING THE ZONING MAP WITH REGARD TO THE PROPERTY LOCATED AT 3412-3426 TOUHY AVENUE, SKOKIE, ILLINOIS, FROM AN M3 INDUSTRY DISTRICT TO A B2 COMMERCIAL DISTRICT 1 WHEREAS, the owner of the following described real property: 2 THAT PART OF LOT 4 OF H AND M REALTY SUBDIVISION, BEING A SUBDIVISION OF PART OF 3 THE SOUTHEAST ¼ OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD 4 PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF 5 SAID LOT 4, THENCE NORTH 00d34’32” EAST ALONG THE EAST LINE OF LOT 4 AFORESAID 6 160.63 FEET; THENCE NORTH 89d25’28” WEST 426.80 FEET TO A POINT ON THE WESTERLY LINE 7 OF SAID LOT 4; THENCE SOUTH 22d33’59” WEST ALONG THE WESTERLY LINE OF LOT 4 8 AFORESAID 143.66 FEET TO THE MOST WESTERLY SOUTHWEST CORNER OF SAID LOT 4; 9 THENCE SOUTH 67d26’01” EAST ALONG THE SOUTHERLY LINE OF LOT 4 AFORESAID 100.00 10 FEET TO THE MOST SOUTHERLY SOUTHWEST CORNER OF SAID LOT 4; THENCE NORTH 11 89d05’42” EAST ALONG THE SOUTHERLY LINE OF LOT 4 AFORESAID 388.00 FEET TO THE POINT 12 OF BEGINNING, IN COOK COUNTY, ILLINOIS. 13 PIN: 10-26-402-061-0000 14 commonly known 3412-3426 Touhy Avenue, Skokie, Illinois (hereinafter “Subject 15 Property”), petitioned the Village of Skokie (hereinafter “Village”) to reclassify the zoning of 16 the southern 160.63 feet as measured along the east property line (the north line being the 17 party wall line between 3412 Touhy and 3420 Touhy Avenue extended east and west to the 18 lot lines) of the Subject Property, from an M3 Industry district to a B2 Commercial district; 19 and 20 WHEREAS, the instant case is a companion case to Plan Commission Cases 2019- 21 48P for site plan approval and 2019-50P for a special use permit; and 22 WHEREAS, the Subject Property has an office and the property owner desires to 23 rezone a portion of the existing vacant building on the Subject Property to operate a civic, 24 social and fraternal organization at 3412 Touhy Avenue, which requires a special use permit 25 in a B2 district; and 26 WHEREAS, the Community Development Department staff is supportive of the 27 zoning changes, as the current trend along Touhy Avenue and McCormick Boulevard has 28 been from manufacturing/service employment uses to retail and service uses; and 29 WHEREAS, at the public hearing of the Skokie Plan Commission, duly held on 30 February 6, 2020, several interested parties spoke regarding traffic issues, parking and the 31 positive impact this use will have on the Village; and Page 1 of 2 VOSDOCS-#565907-v1-Ordinance__2019-47P__Zoning_Map_Amendment__3412-3426_Touhy 1 WHEREAS, after hearing all testimony, the Skokie Plan Commission: (i) determined 2 that proper notice had been given; (ii) made the appropriate findings of fact in the affirmative 3 as required under Section 118-6(h) of the Skokie Village Code and (iii) voted to recommend 4 to the Mayor and Board of Trustees that the requested zoning reclassification be granted 5 and the Official Zoning Map of the Village of Skokie be amended to reflect this 6 reclassification; and 7 WHEREAS, the Mayor and Board of Trustees, after public meeting duly held on 8 March 2, 2020, concurred in the aforesaid recommendation of the Plan Commission; 9 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the 10 Village of Skokie, Cook County, Illinois: 11 Section 1: That the southern 160.63 feet as measured along the east property 12 line (the north line being the party wall line between 3412 Touhy and 3420 Touhy Avenue 13 extended east and west to the lot lines) of the Subject Property legally described above and 14 commonly known as 3412-3426 Touhy Avenue, Skokie, Illinois, be and the same is hereby 15 reclassified from an M3 Industry district to a B2 Commercial district. 16 Section 2: That the Official Zoning Map of the Village of Skokie be and the same 17 is amended to reflect this reclassification. 18 Section 3: That a notice of approval of this Ordinance incorporating the 19 conditions contained herein shall be executed by the owner of the property in writing and 20 duly recorded with the Cook County Recorder of Deeds office at the owner’s expense. 21 Section 4: That this Ordinance shall be in full force and effect from and after its 22 passage, approval and recordation as provided by law. 23 ADOPTED this day of April, 2020. Ayes: Nays: Village Clerk Absent: Attested and filed in my Approved by me this day of office this day of April, 2020. April, 2020. Mayor, Village of Skokie Village Clerk 24 Page 2 of 2 VOSDOCS-#565907-v1-Ordinance__2019-47P__Zoning_Map_Amendment__3412-3426_Touhy  C MML: 4/20/2020 PC: 2019-48P SPA: 581.01 THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 20-4-Z- AN ORDINANCE GRANTING SITE PLAN APPROVAL FOR AN EXISTING MULTI-TENANT INDUSTRIAL/COMMERCIAL BUILDING ON A SITE GREATER THAN ONE ACRE IN SIZE AT 3412-3426 TOUHY AVENUE, SKOKIE, ILLINOIS, IN M3 INDUSTRY AND B2 COMMERCIAL DISTRICTS, AND RELIEF FROM CERTAIN SECTIONS OF CHAPTER 118 OF THE SKOKIE VILLAGE CODE WHEREAS, the owner of the following described real property: LOT 4 OF H AND M REALTY SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHEAST ¼ OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 10-26-402-061-0000 more commonly described as 3412-3426 Touhy Avenue, Skokie, Illinois (hereinafter “Subject Property”), petitioned the Village of Skokie to grant site plan approval for an existing multi-tenant industrial/commercial building on a site greater than one (1) acre in size, in M3 Industry and B2 Commercial districts; and WHEREAS, this case is a companion case to Plan Commission Cases 2019-47P for a zoning amendment and 2019-50P for a special use permit; and WHEREAS, petitioner is requesting site plan approval to renovate Unit A of the Subject Property in order to operate a civic, social and fraternal organization and to provide a strictly Kosher banquet hall within a community center to host weddings, lectures and other social and celebratory events; and WHEREAS, the proposed plan includes an 11,095 square foot ballroom alongside ancillary spaces that could be used in conjunction with the ballroom for weddings, or as stand- alone spaces for smaller social and cultural events and activities; and WHEREAS, the parking determination (Plan Commission Case 2019-49P) made by the Plan Commission and recommended by staff is one (1) parking space for every 2.75 seats of occupancy in conjunction with the four (4) items of relief set forth below. Consequently, valet parking will be allowed pursuant to certain granted relief and conditions set forth in Section 1; and WHEREAS, relief that was requested is from the following sections of Chapter 118 of the Skokie Village Code: (i) Section 118-206(d) to allow valet parking that will involve parking vehicles within drive aisles and outside regular parking space striping, Page 1 of 10 VOSDOCS-#566613-v1-Ordinance__2019-48P__Site_Plan_Approval__Site_Greater_than_1_Acre__3412-3426_Touhy  (ii) Section 118-207(b) to allow a temporary parking agreement instead of a covenant on the land for off-site parking on an as-needed basis only for overflow event parking for the special use in Plan Commission case 2019-50P, (iii) Section 118-211 to allow the cultural center to use the parking spaces required for the other tenant spaces on the site for activities on weeknights and weekends, provided they are not during those other tenants’ business hours, (iv) Section 118-218 to reduce the number of parking spaces required by applying a one space per 2.75 seats as the requirement; and WHEREAS, the Skokie Plan Commission, at a public hearing duly held on February 6, 2020: (i) determined that proper legal notice had been achieved, (ii) made the appropriate findings of fact in the affirmative, as required under Section 118-6(g) of the Skokie Village Code, and (iii) voted to recommend to the Mayor and Board of Trustees that (a) the requested site plan approval be granted subject to the conditions contained in the Plan Commission Report dated March 2, 2020, and (b) relief be granted from Chapter 118, Sections 118-206(d), 118-207(b), 118-211 and 118-218 of the Skokie Village Code; and WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on March 2, 2020, voted to concur in the aforesaid recommendations and findings of fact of the Skokie Plan Commission; NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Skokie, Cook County, Illinois: Section 1: That the site plan approval requested by the petitioner for an existing multi- tenant industrial/commercial building on a site greater than one (1) acre in size, commonly known as 3412-3426 Touhy Avenue, Skokie, Illinois, in M3 Industry and B2 Commercial districts, is hereby granted and approved subject to each of the conditions set forth below: 1. Prior to the issuance of a building permit and with the approval of staff, the petitioner shall: 2. a. Provide an operations plan for the valet parking that shows parking spaces, access and circulation, and any temporary fencing or directional signs, b. Amend the site plan to designate the area used for valet parking, c. Correct the geometrics of the drop off area to meet the design standard of the Village Code, d. Ensure adequate access is provided for Fire Department vehicles, e. The petitioner shall provide a detailed plan for the kitchen area as part of the building permit application that shows adherence to the Health and Sanitation Chapter of the Village of Skokie Code of Ordinances 3. The petitioner shall develop the Subject Property in substantial conformance with the final Village approved site plan and landscape plan dated October 14, 2019; 4. The petitioner shall provide a landscape plan as part of the building permit application that shows the installation of trees as per the site plan, dated October 14, 2019; 5. The petitioner shall modify the curbing at the ADA parking spaces according to ADA design standards so that person utilizing the space can walk onto the Page 2 of 10 VOSDOCS-#566613-v1-Ordinance__2019-48P__Site_Plan_Approval__Site_Greater_than_1_Acre__3412-3426_Touhy  adjacent sidewalk without an obstacle; 6. The petitioner shall provide a lighting plan as part of the building permit application in accordance with IES and Section 118-212 (k) lighting. The illumination level for an off-street parking area shall be an average maintained horizontal footcandle ratio of 1.0 to 3.0 footcandles or per IES standards for other application purposes. Uniform illumination is desirable, and the lowest footcandle value at any point on the pavement should not be less than 1/4 the designed average maintained horizontal foot candles; 7. A screened garbage corral with an impermeable surface shall be provided to contain all dumpsters; 8. At least once during every 4 hours of operation and before opening and closing of the business, employees shall patrol the Subject Property and clear it of debris; 9. Prior to the issuance of building permits, the petitioner shall submit for approval a lighting photometrics plan, fully developed civil engineering plans that comply with the county WMO requirements and Village’s stormwater control provisions, and redevelopment engineering plans to address all aspects of private and public utility services. Any reconfigurations within state ROW will require an IDOT highway/utility permit; 10. New parking lot and exterior lighting shall meet Illuminating Engineering Society of North America (IES) standards, be full cut-off design, and be directed away from adjacent properties, subject to the approval of the Engineering Division; 11. All existing damaged public sidewalks or public sidewalks damaged due to the implementation of this plan shall be replaced; 12. No objects are allowed within a 15' sight distance triangle, between 30" and 84" in height from grade except traffic control devices listed in the Manual on Uniform Traffic Control Devices; 13. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage, landscaping, structures, and any other facilities or infrastructure on the Subject Property shall be maintained in a good state of repair, and when needed, be repaired or replaced in a timely manner; 14. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other objects that may impede travel; 15. Trash shall only be allowed within a designated trash enclosure and shall be screened from public view in an enclosure approved by the Appearance Commission. All trash shall always be contained in such a way as to remain out of sight; 16. Waste receptacles shall be placed on the Subject Property for the use of customers, and that the Health Department shall determine the size, type, and location of these units. At least one approved covered container for litter at the main entrance to the premises for use by customers. The owner of the premises shall be responsible for the removal of litter every four hours; 17. All off-street parking spaces shall be legibly striped and maintained; 18. Any plan to modify parking lot striping must be approved by the Director of Engineering; 19. The handicapped parking spaces shall be installed and maintained in compliance Page 3 of 10 VOSDOCS-#566613-v1-Ordinance__2019-48P__Site_Plan_Approval__Site_Greater_than_1_Acre__3412-3426_Touhy  with State of Illinois Accessibility Standards and the Skokie Village Code, including required signage; 20. The owner of the Subject Property [and its tenant] shall ensure that employees park on the Subject Property unless an off-site parking agreement has been executed; 21. No required parking space on the site may be for the exclusive use of any tenant; 22. Prior to issuance of building permits, the petitioner shall submit evidence of issuance of permits for the construction and operation of the water main and associated equipment by the Illinois Environmental Protection Agency (IEPA) or provide a determination by IEPA that such permits are not required. Water mains that feed multiple building structures and/or create a "looped" system that require an IEPA permit will also require an easement and custodial agreement with the Village; 23. All new overhead utilities on the Subject Property or in adjacent right-of-way shall be placed or relocated underground. The petitioner shall bear the full cost of any utility relocation and/or conflicts; 24. The petitioner shall sign an "Agreement for Installation and Maintenance of Landscaping" to assure that the Subject Property and parkway landscaping is completed and maintained, including trimming, watering, and replacing of dead plant materials in a timely manner in accordance with the final approved landscape plan. A copy of said Agreement is attached hereto, marked Exhibit “A” and hereby made part of this Ordinance. This “Agreement for Installation and Maintenance of Landscaping" shall be recorded at the petitioner’s expense; 25. All new construction, alterations, and remodeling shall meet current International Building and NFPA Life Safety Codes as amended; 26. The petitioner shall obtain all required permits and approvals for improvements to County, State, or Federal rights-of-way from the governing jurisdiction; 27. The Subject Property must conform to the Village's storm water control requirements as contained in the Skokie Village Code, including the disconnection of any downspouts; 28. All signage shall conform to the Skokie Village Code. Any sign on the Subject Property that is in violation of that Code must be removed or modified to conform with the Village Code prior to the issuance of an occupancy permit; 29. All modifications to building elevations, signage, and landscaping shall be subject to the review and approval of the Skokie Appearance Commission; 30. The petitioner shall submit to the Planning Division electronic files of the site plan and landscape plan in their approved and finalized form; 31. Prior to the issuance of building permits, the petitioner shall submit to the Planning Division of the Community Development Department the name, property address, email address, and telephone number of the company and contact person responsible for site maintenance in compliance with this site plan approval; 32. If work is to be performed on public property or if public property is utilized or impacted during construction and/or development, the owner shall provide, or shall cause the developer and/or contractor to provide, the Village of Skokie with Page 4 of 10 VOSDOCS-#566613-v1-Ordinance__2019-48P__Site_Plan_Approval__Site_Greater_than_1_Acre__3412-3426_Touhy  a certificate of insurance naming the Village of Skokie as additionally insured for any and all claims related to any and all work. The owner shall hold, and shall cause the developer and/or contractor to hold, the Village of Skokie harmless and indemnify the Village for any and all claims for property damage or personal injury related to work on or use of public property; 33. The petitioner shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations; and 34. 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. Section 2: That relief from the following sections of Chapter 118 of the Skokie Village Code, is hereby granted: (i) Section 118-206(d) to allow valet parking that will involve parking vehicles within drive aisles and outside regular parking space striping, (ii) Section 118-207(b) to allow a temporary parking agreement instead of a covenant on the land for off-site parking on an as-needed basis only for overflow event parking for the special use in Plan Commission case 2019-50P, (iii) Section 118-211 to allow the cultural center to use the parking spaces required for the other tenant spaces on the site for activities on weeknights and weekends, provided they are not during those other tenants’ business hours, (iv) Section 118-218 to reduce the number of parking spaces required by applying a one space per 2.75 seats as the requirement; and Section 3: That a notice of the approval of this Ordinance incorporating the conditions contained herein shall be executed by the owner of the property in writing and duly recorded with the Cook County Recorder of Deeds Office at the owner’s expense. Section 4: That this Ordinance shall be in full force and effect from and after its passage, approval, and recordation as provided by law ADOPTED this day of April, 2020. Village Clerk Ayes: Nays: Absent: Approved by me this day of Attested and filed in my April, 2020. office this day of April, 2020. Mayor, Village of Skokie Village Clerk Page 5 of 10 VOSDOCS-#566613-v1-Ordinance__2019-48P__Site_Plan_Approval__Site_Greater_than_1_Acre__3412-3426_Touhy  Exhibit A AGREEMENT FOR INSTALLATION AND MAINTENANCE OF LANDSCAPING Plan Commission Case 2019-48P This Agreement is entered into this day of 2020 by and between ATERES AYALA, INC., an Illinois corporation, hereinafter referred to as "PROPERTY OWNER", and the VILLAGE OF SKOKIE, an Illinois municipal corporation, hereinafter referred to as "VILLAGE". The parties to this Agreement hereby agree as follows: PROPERTY OWNER is the owner of real property located in the Village of Skokie, LOT 4 OF H AND M REALTY SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHEAST ¼ OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 10-26-402-061-0000 1. At or near the time of execution of this Agreement, the VILLAGE granted an Occupancy Permit, Business License, Site Plan Approval or Special Use Permit hereinafter collectively referred to as “permit” pursuant to state statutes and local ordinances. 2. By the terms of the aforesaid permit, the PROPERTY OWNER is required to install and maintain landscaping in accordance with the plan dated October 14, 2019, or as it may be subsequently revised with the approval of the Village Manager, or designee, and the Corporation Counsel. 3. The parties to this Agreement recognize that the installation and maintenance of landscaping is an integral part of the PROPERTY OWNER's plan for development and/or use of the property and is necessary to carry out the purpose and intent of the VILLAGE's land use objectives, and that the permit would not have been approved by the VILLAGE without the assurance that this Agreement would be executed by the PROPERTY OWNER. 4. The purpose of this Agreement is to assure: (a) installation of the landscaping in accordance with the landscaping plan approved by the VILLAGE, and (b) continued maintenance and care of the landscaping, including any landscaping indicated in the parkway area. 5. The property, which is the subject matter of this Agreement, is legally described above. The portions of the Subject Property which are to be landscaped and maintained pursuant to the terms and conditions of this Agreement are indicated on the Landscape Plan attached hereto, marked Exhibit “1” and are hereby made a part of this Agreement. Page 6 of 10 VOSDOCS-#566613-v1-Ordinance__2019-48P__Site_Plan_Approval__Site_Greater_than_1_Acre__3412-3426_Touhy  6. PROPERTY OWNER agrees that the installation and maintenance of the landscaping which is required in accordance with the permit issued by the VILLAGE and this Agreement will materially benefit the Subject Property. Such landscaping is necessary in order for the PROPERTY OWNER to comply with the conditions of the permit issued or granted by the VILLAGE for the PROPERTY OWNER’s requested development or use of the property. 7. PROPERTY OWNER shall diligently maintain and care for the landscaping which is installed and required by the permit and this Agreement, using generally accepted methods of cultivation and watering. The PROPERTY OWNER shall maintain a standard of care necessary to prevent the landscaping from deteriorating to the extent that its value as landscaping is destroyed. If Exhibit “1”, attached hereto or permit specifies maintenance standards or procedures, such procedures are hereby adopted as part of this Agreement, and by such adoption, become enforcement conditions of this Agreement. 8. Failure to maintain the landscaping as required by this Agreement shall be a nuisance. In the event the PROPERTY OWNER fails to meet the standard of maintenance necessary to keep the landscaping in a healthy condition as required by this Agreement, the VILLAGE shall give written notice of the deficiency to the PROPERTY OWNER who shall have 20 days to make the necessary correction or replacement. If such correction or replacement is not made within the aforesaid 20- day period, the VILLAGE may elect to abate the nuisance and take necessary action to assure that the landscaping is replaced and/or maintained. In the event, the VILLAGE so elects; the VILLAGE shall serve notice of its intent to enter the premises for this purpose. The VILLAGE shall either personally serve the notice upon the PROPERTY OWNER or mail a copy of it by certified mail to the PROPERTY OWNER's last known address, or as shown on the tax rolls, at least 15 days in advance of the date when the VILLAGE or its agent intends to enter the premises. 9. For this purpose, the VILLAGE or its agent may enter upon the property and perform such work as it considers reasonably necessary and proper to restore, maintain, or replace the landscaping required by this Agreement. The VILLAGE may act either through its own employees or through an independent contractor. 10. The VILLAGE shall be entitled to reimbursement for abating the nuisance in restoring, maintaining or replacing the landscaping, provided that the VILLAGE follows the procedures set forth in this Agreement. Costs shall include but shall not be limited to actual costs incurred by the VILLAGE and administrative costs. The VILLAGE shall make demand upon the PROPERTY OWNER for payment. If the PROPERTY OWNER fails to pay the costs within 30 days of the date on which demand is made, the VILLAGE may cause a lien to be placed on the Subject Property. The VILLAGE may record a notice with the Recorder of Deeds for Cook County stating that it has incurred expenses under the terms this Landscape Agreement. The VILLAGE shall be entitled to collect interest at the statutory rate on the amount owed. 11. In addition to having a lien placed on the Subject Property, the VILLAGE may institute a legal action to collect the amount owed. The PROPERTY OWNER agrees to pay the VILLAGE a reasonable sum for attorney's fees and court costs. Page 7 of 10 VOSDOCS-#566613-v1-Ordinance__2019-48P__Site_Plan_Approval__Site_Greater_than_1_Acre__3412-3426_Touhy  12. If either party upon the execution of this Agreement or during the course of performance considers that it is necessary to have the PROPERTY OWNER post additional security to guarantee the performance of his obligations hereunder, the VILLAGE may require the PROPERTY OWNER to post additional security. The VILLAGE may require either a cash deposit or a surety bond guaranteeing performance in a form signed by sureties satisfactory to the VILLAGE. The condition of the security shall be that if the PROPERTY OWNER fails to perform any obligation under this Agreement, the VILLAGE may, act on behalf of the PROPERTY OWNER and use the proceeds of the cash bond, or in the case of a surety bond, require the securities to perform the obligations of this Agreement. 13. The PROPERTY OWNER hereby agrees to indemnify and hold harmless the VILLAGE, its trustees, officials, employees and agents for any costs, claims, actions or causes of action for personal injury, property damage or otherwise, including reasonable attorney’s fees, which may arise from the VILLAGE exercising any of its rights or obligations and performance under this Agreement. 14. All notices required or to be given pursuant hereto shall be in writing and either delivered personally or by a nationally recognized "over-night" courier service or mailed by United States certified or registered mail, postage prepaid, addressed to the VILLAGE and the PROPERTY OWNER as follows: If to VILLAGE: If to the PROPERTY OWNER: Village of Skokie Ateres Ayala, Inc. 5127 Oakton Street 4655 Chase Ave. Skokie, IL 60077 Lincolnwood, IL 60712 Attention: Village Clerk Attention: Yosef Meystel, President With copies to: Village Manager Village of Skokie 5127 Oakton Street Skokie, IL 60077 Corporation Counsel Village of Skokie 5127 Oakton Street Skokie, IL 60077 Either Party may change the names and addresses of the persons to whom notices or copies thereof shall be delivered, by written notice to the other Party, as the case may be, in the manner herein provided for the service of notice. 15. The Parties and the individuals whose signature is affixed to this Agreement, each acting with due authority have executed this Agreement. 16. This Agreement pertains to, runs with the Subject Property, and shall be binding on the successors, assigns, and heirs in interest. Page 8 of 10 VOSDOCS-#566613-v1-Ordinance__2019-48P__Site_Plan_Approval__Site_Greater_than_1_Acre__3412-3426_Touhy  17. This Agreement shall be recorded at the PROPERTY OWNER’s expense in the Office of the Recorder of Deeds for County of Cook. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above. ATERES AYALA, INC. VILLAGE OF SKOKIE an Illinois corporation By: By: its Village Manager Title: ATTEST: ATTEST: _____________________________ its Village Clerk Its: Page 9 of 10 VOSDOCS-#566613-v1-Ordinance__2019-48P__Site_Plan_Approval__Site_Greater_than_1_Acre__3412-3426_Touhy 1 Page 10 of 10 VOSDOCS-#566613-v1-Ordinance__2019-48P__Site_Plan_Approval__Site_Greater_than_1_Acre__3412-3426_Touhy  D MML: *4/20/2020 PC: 2019-50P SUP: 582.01 THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 20-4-Z- AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ESTABLISH AND OPERATE A CIVIC, SOCIAL AND FRATERNAL ORGANIZATION AT 3412 TOUHY AVENUE, SKOKIE, ILLINOIS, IN A B2 COMMERCIAL DISTRICT 1 WHEREAS, the owner of the following described real property: 2 THAT PART OF LOT 4 OF H AND M REALTY SUBDIVISION, BEING A SUBDIVISION OF PART OF THE 3 SOUTHEAST ¼ OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD 4 PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF 5 SAID LOT 4, THENCE NORTH 00d34’32” EAST ALONG THE EAST LINE OF LOT 4 AFORESAID 160.63 6 FEET; THENCE NORTH 89d25’28” WEST 426.80 FEET TO A POINT ON THE WESTERLY LINE OF 7 SAID LOT 4; THENCE SOUTH 22d33’59” WEST ALONG THE WESTERLY LINE OF LOT 4 AFORESAID 8 143.66 FEET TO THE MOST WESTERLY SOUTHWEST CORNER OF SAID LOT 4; THENCE SOUTH 9 67d26’01” EAST ALONG THE SOUTHERLY LINE OF LOT 4 AFORESAID 100.00 FEET TO THE MOST 10 SOUTHERLY SOUTHWEST CORNER OF SAID LOT 4; THENCE NORTH 89d05’42” EAST ALONG THE 11 SOUTHERLY LINE OF LOT 4 AFORESAID 388.00 FEET TO THE POINT OF BEGINNING, IN COOK 12 COUNTY, ILLINOIS. 13 PIN: 10-26-402-061-0000 14 more commonly described as 3412 Touhy Avenue, Skokie, Illinois (hereinafter “Subject 15 Property”), petitioned the Village of Skokie for a special use permit to establish and operate 16 a civic, social and fraternal organization in a B2 Commercial district; and 17 WHEREAS, this case was presented in conjunction with 2019-47P, 2019-48P and 18 2019-49P (Parking Determination); and 19 WHEREAS, the Subject Property was reclassified to B2 in order to allow Unit A of the 20 existing building to be utilized as a Jewish Community Center (hereinafter “Center”). The 21 Center will be able to accommodate large events such as weddings and bar mitzvahs on the 22 weekends, as well as smaller events such as lectures and classes on weekdays; and 23 WHEREAS, it is anticipated that the Center will fill a community need for a space to 24 hold events on this scale, as well as be a source of revenue for the Village; and 25 WHEREAS, various items of relief were granted in Village Ordinance Number _ 26 allowing valet parking on the Subject Property. Occupancy limits shall correspond to the 27 number of parking spaces available onsite, which will differ between weekdays, weekends and 28 weeknights; and Page 1 of 3 VOSDOCS-#566735-v1-Ordinance__2019-50P__Special_Use_Permit__Civil__Social__Fraternal_Organization__3412_Touhy 1 WHEREAS, on weekdays the occupancy limit will be 376 people, weeknights, and 2 weekends 528 people. If needed, valet parking or off-site parking can be utilized for a 3 maximum occupancy of 750; and 4 WHEREAS, the Skokie Plan Commission, at a public hearing duly held on February 6, 5 2020, for which proper legal notice had been achieved and no interested parties appeared, (a) 6 made the appropriate findings of fact as required under Section 118-6(f) of the Skokie Village 7 Code and (b) voted to recommend to the Mayor and Board of Trustees that the requested 8 special use permit be granted subject to the conditions contained in the Plan Commission 9 Report dated March 2, 2020; and 10 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on March 11 2, 2020, concurred in the aforesaid recommendations and findings of fact of the Skokie Plan 12 Commission; 13 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the 14 Village of Skokie, Cook County, Illinois: 15 Section 1: That the special use permit requested by the petitioner to establish and 16 operate a civic, social and fraternal organization at the Subject Property, described above and 17 commonly known as 3412 Touhy Avenue, Skokie, Illinois, in B2 Commercial district, be and 18 the same is hereby granted and approved subject to each of the conditions set forth below: 19 1. The petitioner shall develop the Subject Property in substantial conformance with the 20 final Village approved floor plans dated September 18, 2019; 21 2. Occupancy limits shall be based on parking availability, as follows: 22 a. Occupancy for events during weekdays shall be limited to 376 occupants based on 23 the 137 spaces available. Valet is not permitted on weekdays before 5:00 pm, 24 b. Occupancy for events on weeknights and weekends shall be limited to 528 guests 25 based on 192 spaces available, 26 c. If valet parking or off-site parking is provided, occupancy may increase for weeknight 27 and weekend events at a rate of 2.75 seats for every parking space available, up to 28 a maximum of 750 guests; 29 3. Any outdoor sound systems shall at all times maintain audio levels that are compliant 30 with the Skokie Village Code; 31 4. Trash shall only be allowed within a designated trash enclosure and shall be screened 32 from public view in an enclosure approved by the Appearance Commission. All trash 33 shall be contained in such a way as to remain out of sight at all times, except for waste 34 receptacles referenced in Condition Number 5 below; 35 5. Waste receptacles shall be placed on the Subject Property for the use of customers, 36 and that the Health Department shall determine the size, type, and location of these 37 units, including one (1) waste receptacle near the drive-through exit and one (1) waste 38 receptacle at the restaurant entrance; 39 6. At least once during every four (4) hours of operation and before opening and closing of 40 the business, employees shall patrol the Subject Property and clear it of debris; Page 2 of 3 VOSDOCS-#566735-v1-Ordinance, 2019-50P,Special Use Permit, Civic, Social & Fraternal Organization, 3412 Touhy 1 7. All signage shall conform to the Skokie Village Code, except as provided in this 2 ordinance. Any sign on the Subject Property that is in violation of that Code must be 3 removed or modified to conform with the Village Code prior to the issuance of an 4 occupancy permit; 5 8. All modifications to building elevations, signage, and landscaping shall be subject to the 6 review and approval of the Skokie Appearance Commission; 7 9. The petitioner shall comply with all Federal and State statutes, laws, rules and 8 regulations and all Village codes, ordinances, rules, and regulations; and 9 10. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to 10 initiate hearings to determine whether the subject Ordinance, as well as any applicable 11 business licenses, should be revised or revoked. The petitioner shall pay all costs 12 related to any hearings conducted as a result of non-compliance with any of the 13 provisions of the enabling ordinance. The costs shall include but not be limited to court 14 reporter fees, attorney fees, and staff time required researching and conducting said 15 hearing. 16 Section 2: That a notice of the approval of this Ordinance incorporating the 17 conditions contained herein shall be executed by the owner of the property in writing and 18 duly recorded with the Cook County Recorder of Deeds Office at the owner’s expense. 19 Section 3: That this Ordinance shall be in full force and effect from and after its 20 passage, approval and recordation as provided by law. 21 ADOPTED this day of April, 2020. 22 23 Village Clerk 24 Ayes: 25 Nays: 26 Absent: 27 Approved by me this day of 28 Attested and filed in my April, 2020. 29 office this day of 30 April, 2020. 31 32 Mayor, Village of Skokie 33 34 Village Clerk Page 3 of 3 VOSDOCS-#566735-v1-Ordinance, 2019-50P,Special Use Permit, Civic, Social & Fraternal Organization, 3412 Touhy PLAN COMMISSION REPORT 2020-07P: Special Use Permit Plan Commission Council Chambers, 8:00 PM, April 20, 2020 To: Mayor and Board of Trustees From: Paul Luke, Plan Commission Chairperson Case: 2020-07P Special Use Permit 8150 McCormick Boulevard #228 PLAN COMMISSION ANALYSIS This case was heard at the March 5, 2020 Plan Commission meeting and involves a request for a special use permit for a “technical, trade, and specialty school” in the M3 Industry zoning district. The petitioner, Good to Great, is proposing to occupy a 3,000 square foot tenant space on the 2nd floor of the building and provide daytime learning program services to developmentally disabled adults. As addressed in the staff report, staff is recommending several items of relief including 1) reduce the required parking to only account for required staff since the clientele will not drive to the site, 2) allow the buildings amenities to be exempted from required parking calculations, and 3) allow shared parking for uses that are occupied at different times of the day. While the site is fully parked with the proposed use, staff recommends the relief items in consideration of vacant space in the building that could be occupied in the future. At the meeting, the Plan Commission inquired about specifics of the floor plan and program operations. The applicant said the clients will always be supervised during program hours, and the required ration of client to staff is 10:1. The applicant said that clients will be dropped off along the side of the building by bus or a guardian and will be escorted to the tenant space. When asked about licensing, the applicant said the State will issue a license once local zoning is approved. A Commissioner asked about life safety requirements and wanted to have assurance that codes will be followed. He also asked that staff provide assurances that a permit will not be issued unless a state license is provided. Staff said the Building Division and Fire Department will review the buildings plans against the required codes and will ensure all improvements are constructed to code. Staff agreed to require the state license as part of the building permit review. The Plan Commission is supportive of the proposal. A more detailed discussion of the case is in the attached findings, staff reports, and minutes. INTERESTED PARTIES Legal notice was advertised, posted, and delivered to property owners in the area as prescribed by the Zoning Chapter. It was determined by Corporation Counsel that notice was proper and correct. Other than the applicants, no one spoke at the hearing. VOSDOCS-#566923-v1-Master_Plan_Commission_Report_-_2020-07P_SUP 1 PLAN COMMISSION RECOMMENDATIONS AND VOTING The Plan Commission recommended, by a vote of 8 ayes, 0 nays, and 1 absent that the petitioner’s request for a Special Use Permit be APPROVED, based upon the Plan Commission Positive Findings of Fact. ATTENDANCE AYES NAYS ABSENT VACANT Mathee X J. Burman X Laxpati X Franklin X Villegas X S. Berman X Quane X Mitchell X Luke X See individual motions in the attached draft Plan Commission meeting minutes. ATTACHMENTS 1. Plan Commission Recommended Conditions for the Special Use Permit 2. Positive Findings of Fact for the Special Use Permit 3. Staff Report, dated March 5, 2020 4. Draft Plan Commission meeting minutes, dated March 5, 2020 5. Building Plan 6. Floor Plans 7. Land Use Map VOSDOCS-#566923-v1-Master_Plan_Commission_Report_-_2020-07P_SUP 2 PLAN COMMISSION RECOMMENDED CONDITIONS Council Chambers, 8:00 PM, April 20, 2020 RECOMMENDED SPECIAL USE CONDITIONS 1. Prior to the issuance of building permits, the petitioners must: a. Remove the banners from the front of the building that are in violation of the Village of Skokie Code of Ordinances. b. Remove the signs for dedicated parking spaces that are in violation of the Village of Skokie Code of Ordinances. c. Remove the parking spaces along the west side of the building that are in violation of the Village of Skokie Code of Ordinances. d. Provide a scaled floor plan showing accurate depictions of the interior square footages. STANDARD SPECIAL USE CONDITIONS 2. The petitioner shall develop the Subject Property in substantial conformance with the final Village approved site plan dated <insert date of final approved plan>, floor plans dated <insert date of final approved plan>, landscape plans dated <insert date of final approved plan>, and building elevations dated <insert date of final approved plan>. 3. New parking lot and exterior lighting shall meet Illuminating Engineering Society of North America (IES) standards, be full cut-off design, and be directed away from adjacent properties, subject to the approval of the Engineering Division. 4. Any outdoor sound systems shall at all times maintain audio levels that are compliant with the Skokie Village Code. 5. The owner of the Subject Property [and its tenants] shall ensure that employees park on the Subject Property. 6. No required parking space on the site may be for the exclusive use of any tenant. 7. All new construction, alterations, and remodeling shall meet current International Building and NFPA Life Safety Codes as amended. 8. The petitioner shall obtain all required permits and approvals for improvements to County, State, or Federal rights-of-way from the governing jurisdiction. 9. The Subject Property must conform to the Village's storm water control requirements as contained in the Skokie Village Code, including the disconnection of any downspouts. 10. All signage shall conform to the Skokie Village Code, except as provided in this ordinance. Any legal nonconforming sign on the Subject Property that shall conform with the Village Code when it is damaged >50%, modified, or replaced in the future. VOSDOCS-#566923-v1-Master_Plan_Commission_Report_-_2020-07P_SUP 3 11. All modifications to building elevations, signage, and landscaping shall be subject to the review and approval of the Skokie Appearance Commission. 12. The petitioner shall submit to the Planning Division electronic files of the plat of survey, site plan, and landscape plan in their approved and finalized form. The files shall be scaled 2-dimensional drawing files on non-compressed, non-read only CD- ROM *.dwg AutoCAD format. 13. Prior to the issuance of building permits, the petitioner shall submit to the Planning Division of the Community Development Department the name, property address, email address, and telephone number of the company and contact person responsible for site maintenance in compliance with this site plan approval. 14. If work is to be performed on public property or if public property is utilized or impacted during construction and/or development, the owner shall provide, or shall cause the developer and/or contractor to provide, the Village of Skokie with a certificate of insurance naming the Village of Skokie as additionally insured for any and all claims related to any and all work. The owner shall hold and shall cause the developer and/or contractor to hold, the Village of Skokie harmless and indemnify the Village for all claims for property damage or personal injury related to work on or use of public property. 15. The petitioners shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. 16. 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 petitioners 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. VOSDOCS-#566923-v1-Master_Plan_Commission_Report_-_2020-07P_SUP 4 Proposed Positive Findings of Fact 2020-07P: Special Use Permit Council Chambers, 7:30 PM, April 20, 2020 Consideration Finding The request is consistent with the intent of The proposed use does not meet the the Comprehensive Plan. intent of the service employment designation, but the building as a whole meets the designation. The request will not adversely affect The proposed use will not adversely adjacent properties. affect adjacent properties. The request is compatible with the existing The proposed use is compatible with the or allowable uses of adjacent properties. existing or allowable uses of adjacent properties. The request demonstrates that adequate Adequate public facilities, roads, public facilities, including roads, drainage, drainage, utilities, and police and fire utilities, and police and fire protection exist protection exist at this time. or will exist to serve the requested use at the time such facilities are needed. The request demonstrates adequate The request demonstrates adequate provision for maintenance and use of the provision for maintenance and use of the associated structures. associated structures. The request has considered and, to the There should be no adverse effects on degree possible, addressed the adverse the natural environment from the effects on the natural environment. request. The request will not create undue traffic The use is not expected to create undue congestion. traffic congestion. The request will not adversely affect public The request will not adversely affect the health, safety, and welfare. public health, safety, or general welfare. The request conforms to all applicable The requested items of relief are provisions of this code, except where relief justifiable because parking is the primary is granted with the request. issue with the building. The request conforms to all other applicable provisions of this code. VOSDOCS-#566923-v1-Master_Plan_Commission_Report_-_2020-07P_SUP 5 STAFF REPORT 2020-07P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, March 5, 2020 To: Paul Luke, Chairman, Skokie Plan Commission From: Matt Brandmeyer, Community Development Director Re: 2020-07P: Special Use Permit 8150 McCormick Boulevard #228 General Information Location 8150 McCormick Boulevard #228 Purpose A request for a special use permit for a other technical, trade, and specialty school in the M3 Industry zoning district and any other relief that may be discovered during the review of this case. Petitioner Im Daas Torah Investments, LLC and Shem Tov, LLC on behalf of Good to Great Individuals, LLC Size of Site Approximately 92,000 square foot multi-tenant office building on 2.73 acres of land along McCormick Blvd, south of Cleveland St. Existing Zoning & M3 Industry – multi-tenant office building Land Use Adjacent Zoning & North M3 Industry – various small single use buildings, Land Use primarily auto-related users South M3 Industry – multi-tenant building – Best Cutting Die, Signarama East M3 Industry – sculpture park and canal West M3 Industry – Chicago Protective Apparel Comprehensive Plan The site is designated as Manufacturing/Service Employment. SITE INFORMATION  The site is accessible directly from an unrestricted curbcut on McCormick Blvd and from two curbcuts on Cleveland  A special use permit was issued for Keshet’s GADOL program in 2014. VOSDOCS-#565514-v1-Staff_Report_-_2020-07P_-_Special_Use_Permit_8150_McCormick_Boulevard_#228 1 of 6 STAFF ANALYSIS The Petitioner provided the following narrative regarding the proposed use: The Good to Great Individuals program has been created with one goal in mind; to fill a growing need for community based daytime programs serving individuals with developmental disabilities. The purpose behind this program is to teach invaluable vocational, social, and general life skills to a growing community of individuals with developmental disabilities. Under the guidance of a highly‐trained supportive staff of directors and specialists, the skills that will be taught in this program will open up new opportunities in the lives of these individuals as they are provided with the tools to help them reach their full potential. Good to Great Individuals is looking to lease space at 8150 McCormick Suite 228 and they would be a wonderful addition to the building as well as to the area. This request is consistent with the intent of the Comprehensive Plan and it will not adversely affect adjacent properties, in fact it can be a benefit. This request is compatible with existing or allowable uses of an adjacent space, in fact one of the adjacent tenants in the building (the Keshet GADOL Program) already has this special use permit allowed. Since Keshet GADOL’s special use permit approval, there has been no material change to the building, parking lot, or tenants’ general use. This request will not have any effect on the natural environment and will not adversely affect public health, safety and welfare. This use will not create any undue traffic congestion, as none of the participants can legally drive. All of the participants will be dropped off or take public transportation, and they will not create any parking issues onsite. Only the employees will be parking onsite, and there will be just 2‐3 employees. Lastly, the request conforms to all applicable provisions of this code, except where relief is granted with the request. Comments Staff Comment and Review sheets were sent to all pertinent departments. Staff comments on the subject case were received from the Traffic Engineering. All other departments returned the sheets with no comments regarding the subject case. Traffic Engineering Please find attached a parking analysis worksheet for the multi-tenant building with vacant spaces accounted for with a standard 1 parking space / 300 square feet of building. Traffic engineering also noted the following: 1. While the proposed use meets parking requirements with an exact 215 required spaces and 215 spaces provided, occupancy of vacant spaces will not be able to meet requirements. If fully occupied, at 1/300 standard parking requirement, the building will be short 62 spaces. 2. Floor plans that were provided are not to scale and tenant spaces cannot be verified. Future occupancy permits will require scaled floor plans. 3. All signs for dedicated spaces are not permitted and must be removed. VOSDOCS-#565514-v1-Staff_Report_-_2020-07P_-_Special_Use_Permit_8150_McCormick_Boulevard_#228 2 of 6 Parking Relief Staff has been working with the building owner to address parking issues on the site. Our concern is there is not enough parking on-site to accommodate the future occupancy of vacant spaces. To provide an avenue to allow vacant space to be occupied, staff is requesting the approval of relief for 3 items in the parking requirements as follows: 1. If the parking requirement for the proposed use is reduced from 15 spaces to 3 spaces, which reflects the petitioner’s narrative, then there will be more spaces for other future tenants. Please note that this step can be justified since the clientele for Good to Great Individuals will not drive to the site. Parking is only required for the 3 staff members. 2. If the square footage of the building’s amenities can be subtracted from the parking calculations, then more parking spaces will be available for future tenants. According to the building owner, the amenities include a café, gym, conference room, and a building engineer’s room. Please note that the uses need to be verified that they are only available to tenants and not the general public. If the amenities are open to the public and they drive to the site, the parking demand is not reduced. 3. If some spaces can be shared or collectively used by more than one tenant, then more parking will be available for future tenants. In order to allow shared parking, the tenant can only have work hours at night and on weekends, opposite regular work day hours. The tenant’s hours will need to be verified before allowing collective use. It’s also worth noting that we could work with the building owner for users who have partial operations during weekdays and are fully operational nights and weekends. Overall, these items of relief will address many of the issues the building owner faces in regard to our requirements. Please note though that parking is observably scarce, and staff has received complaints from users who have difficulty finding parking spaces. We strongly encourage the owner find tenants who are operational during off-working hours and/or tenants who have less of a need for parking. STAFF RECOMMENDATIONS Staff recommends that the petitioners’ request for a special use permit for a other technical, trade, and specialty school in a M3 Industry district be APPROVED, based upon the Proposed Positive Findings of Fact and subject to the recommended and standard special use permit conditions listed below. Staff also recommends that relief be granted from §118-218 to reduce the required number of parking spaces from 15 to 3 based on the applicant’s narrative, §118-218 to VOSDOCS-#565514-v1-Staff_Report_-_2020-07P_-_Special_Use_Permit_8150_McCormick_Boulevard_#228 3 of 6 allow the square footage of amenities reserved for building occupants (and not regularly open to the public) to be deducted from the required parking calculation, and §118-211 to allow the collective use of parking for tenants that have nights and weekends work hours (opposite regular weekday parking demand). RECOMMENDED SPECIAL USE CONDITIONS 1. Prior to the issuance of building permits, the petitioners must: a. Remove the banners from the front of the building that are in violation of the Village of Skokie Code of Ordinances. b. Remove the signs for dedicated parking spaces that are in violation of the Village of Skokie Code of Ordinances. c. Remove the parking spaces along the west side of the building that are in violation of the Village of Skokie Code of Ordinances. d. Provide a scaled floor plan showing accurate depictions of the interior square footages. STANDARD SPECIAL USE CONDITIONS 2. The petitioner shall develop the Subject Property in substantial conformance with the final Village approved site plan dated <insert date of final approved plan>, floor plans dated <insert date of final approved plan>, landscape plans dated <insert date of final approved plan>, and building elevations dated <insert date of final approved plan>. 3. New parking lot and exterior lighting shall meet Illuminating Engineering Society of North America (IES) standards, be full cut-off design, and be directed away from adjacent properties, subject to the approval of the Engineering Division. 4. Any outdoor sound systems shall at all times maintain audio levels that are compliant with the Skokie Village Code. 5. The owner of the Subject Property [and its tenants] shall ensure that employees park on the Subject Property. 6. No required parking space on the site may be for the exclusive use of any tenant. 7. All new construction, alterations, and remodeling shall meet current International Building and NFPA Life Safety Codes as amended. 8. The petitioner shall obtain all required permits and approvals for improvements to County, State, or Federal rights-of-way from the governing jurisdiction. 9. The Subject Property must conform to the Village's storm water control requirements as contained in the Skokie Village Code, including the disconnection of any downspouts. 10. All signage shall conform to the Skokie Village Code, except as provided in this ordinance. Any legal nonconforming sign on the Subject Property that shall conform VOSDOCS-#565514-v1-Staff_Report_-_2020-07P_-_Special_Use_Permit_8150_McCormick_Boulevard_#228 4 of 6  Plan Commission Meeting Minutes Date: March 5, 2020 A motion was made by Commissioner S. Berman and seconded by Commissioner J. Burman to approve the minutes of the February 6, 2020 Plan Commission meeting. Case Description: 2020-07P – Special Use Permit – 8150 McCormick Boulevard, #228 Im Daas Torah Investments, LLC, and Shem Tov, LLC, on behalf of Good to Great Individuals, LLC, request a special use permit for an other technical, trade, and specialty school in an M3 Industry zoning district and any relief discovered that may be discovered during the review of this case. PIN: 10-23-406-006-0000 Discussion and Interested Parties Legal notice was advertised, posted, and delivered to property owners in the area as prescribed by the Zoning Chapter. Corporation Counsel determined that notice was proper and correct. Avi Dimarsky, Director of Operations for Weiss Properties, Inc., presented the case on behalf of Good to Great Individuals, LLC. He is requesting a special use permit for a specialty school to lease space in a re-purposed office building. The subject site, which is located on the west side of the building on the 2nd floor, has been a difficult area to lease and considered to be dead space. It remains vacant after 5 years. A special use is required as a school of this type is not permitted to operate in the M3 Industry zoning district. Mr. Dimarsky gave a brief history of Weiss Properties. Weiss Properties specializes in helping local municipalities and villages bring property values up by finding vacant and under-performing properties breathe new life by adapting them for a variety of smaller businesses and venues. He displayed before and after pictures as examples of the work his company has done. In this case, the industrial building was built in the 1920s and was last used for manufacturing by the U. S. Robotics company. It sat vacant for a long time until Weiss Properties purchased it in 2005. They fully remodeled it; making exterior and interior changes to become a stable multi-tenant office building. They carved up the large building helping small business owners succeed. They added amenities for their tenants such as: a conference room, café, and gym. Mr. Dimarsky spoke of 2 small businesses that were incubated at the building and later sold for billions of dollars to well-known national and global companies. He also stated that they are attracting businesses from Evanston who are paying high rents to their high-quality office building. Camiko Smith, a Skokie resident, is the director of Good to Great Individuals, LLC, and spoke of the specialty school she plans on opening at the subject building. Ms. Smith’s goal for the school is to teach individuals life and vocational skills so that they can be self- 565991 sufficient. The school will not be responsible for any medical treatment. Various divisions of the Illinois Department of Human Services have already been on-site for inspections of the 3,000 sq. ft. space and has given their preliminary approval for handicap access and safety. A commissioner asked if there were other similar places operating in Skokie. Ms. Smith answered that there is another tenant at the building on the 1st floor which caters to the orthodox Jewish community (Keshet GADOL) providing the same type of services, but it is not designed for African Americans. She also mentioned the Douglas Center, a not for profit facility, also located in the manufacturing district, which offers similar services. The commissioner asked if she was non-profit and how do the clients get to the school. Ms. Smith answered that she is a for profit provider. The Department of Human Services fund these daytime facilities and oversees payment for these individuals and, as these students cannot legally drive, IDHS provides transportation via Pace bus from their residences to the facility and their return home. Another commissioner asked about her experience and license. For the past 12 years she has been involved with Community Integrated Living Arrangement (CILA); owning and operating 3 CILA homes; 2 on the south side of Chicago and 1 in Rogers Park providing care for special needs adults over 18. The Department of Children & Family Services (DCFS) cares for the developmental disabled up until age 18, and after that they have no place to go unless they are accepted into a CILA program. She currently has 20 clients with various degrees of behavior disorders that she is responsible for. Ms. Smith is licensed by the Illinois Department of Human Services to run the facilities and her caregivers operate through her license. Another commissioner asked about her staff and how large of a student body she will have. She stated that she has 3 qualified people besides herself and is licensed for up to 60 people. The ratio is 1 to 10. She stated that all but 4 of her clients are capable of taking care of themselves and will attend her school. Some of them have jobs at the nearby Walmart and Mariano’s. No one will be unsupervised if they can’t be. Another commissioner asked about meals. Ms. Smith answered that she has lessons on how to prepare sandwiches and simple meals. There is a kitchen on-site with a microwave oven to warm up food; not a commercial kitchen. Food is brought in by students’ families. Matt Brandmeyer, Director of Community Development Department, requested that the staff report be entered into the record with a minor change to condition #2. Site, landscape, and elevation drawings are not necessary attachments, but the floor plans dated February 11, 2020 should be entered into the record and will be an attachment in the Plan Commission’s report to the Village Board. Also, in consideration of the Open Meetings Act, he also wished to have some emails exchanges originated by a commissioner entered into the record as well. Staff is supportive of the request and recommends approval. A commissioner asked about bus drop-off. Mr. Dimarsky stated that the buses will travel along McCormick Blvd. and drop off in the parking lot near the main entrance. He displayed the building layout showing that there are 2 sections of the 2nd floor which are 565991 not connected. Students will access unit #228 by means of an elevator or stairs and walk down a corridor. The commissioner also asked about the on-going violations of the petitioner. Mr. Brandmeyer stated that the building owners are willing to comply and will take down the banners at the front of the building which were only allowed temporarily; remove the reserved parking signs as dedicated parking spaces are in violation of Village Code; and at the request of the Fire Department, remove the few parking spaces along the west side of the building. While the proposed use meets the parking requirement with 215 parking spaces provided, future tenants cannot be accommodated. Therefore, 3 items of relief are being requested, although not germane for approval. They are: 1) reducing the parking requirement from 15 to 3 spaces for the school staff only; the clientele cannot legally drive. This would ensure that there will be more spaces for future building tenants; 2) subtracting the building’s amenities from the parking calculations if it can be proven that they are reserved for building occupants; leaving more parking available for future tenants; and 3) instituting a shared parking arrangement by seeking future tenants that have working hours at night and on weekends, opposite regular work day hours, so that more than one tenant can utilize existing spaces. Another commissioner asked if the building was ever fully occupied. Mr. Dimarsky stated that until one of the businesses was bought out and moved, it was more than 90% occupied for many years. When converting an old industrial building to an office building, the parking shortfall becomes obvious. Along a portion of Cleveland Avenue, a no parking zone was created by the Village for a business which no longer exists today. The applicant is working with staff to remove the restriction. By not allowing truck parking on Cleveland Avenue, there is plenty of available street parking. Another commissioner asked if a state license was already obtained. Ms. Smith answered that the state license comes after the Plan Commission’s approval. He suggested tabling the case until more information is known about the school and its potential growth. He made comparisons to a daycare center with a parking ratio of 3 spaces for every 1,000 sq. ft. [Sec. 118-218(4) states the parking ratio is 2 spaces for every 1,000 sq. ft.] He commented that in the past, specifics about the school’s operations describing the physical space was included in the staff report; entrances and exits, the use of bollards, the number of rooms in the facility, the numbers of staff and students, etc. Mr. Brandmeyer stated it is not uncommon for the state to wait until the local approval is granted first. If the Plan Commission approves the special use permit, then the state can approve the license. If the state does not approve, then the school cannot open. The specifics of the school are subject to the building permit & Certificate of Occupancy processes and not necessary to be discussed at the Plan Commission meeting. The number of students is tied to the amount of staff. If she expands to the adjacent space, she can increase her staff. 565991 Recommendations and Voting A motion was made to approve the request, with modifications made by staff, for a special use permit for an other technical, trade, and specialty school in an M3 Industry zoned district including 3 items of relief. Motion: D. Laxpati Second: J. Burman Absent: R. Quane Before his vote, a commissioner stated that the proposal was not as fully formed as he would have liked when comparing this proposal for a school to a daycare center request. He would prefer future proposals that impact the health and safety of juveniles and the disabled to be fully formed. Ayes: 8 Nays: 0 565991