Board of Trustees

MONDAY, JUNE 7, 2021 – 8:00 P.M. Until further notice, public comments will only be received electronically, in order to comply with the State of Illinois Gubernatorial Disaster Proclamation. 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 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 publiccomments@skokie.org before or during the meetings; by mail to Village of Skokie, Village Manager's Office, 5127 Oakton Street, Skokie, Illinois, 60077; or via the Village’s drop box located 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 Tuesday, May 18, 2021. * 5. Approve Voucher List #2-FY22 of June 7, 2021. 6. Proclamations and Resolutions. A. Proclamations * National Gun Violence Awareness Day – June 4, 2021 Juneteenth – June 18-19, 2021 7. Recognition, Awards and Honorary Presentations. * 8. Appointments, Reappointments and Resignations. A. Appointments Appearance Commission: Joseph Maschek Commission on Family Services: Harry Litberg Economic Development Commission: Megan Bunimovich, Michael Delanois and Curt Hansen Human Relations Commission: Daphnee Camilien, Jaili Fajardo, Jonathan Lavin and Jim McVane Plan Commission: Talia Gevaryahu and Mike Shah Sustainable Environmental Advisory Commission: Alma Likic Telecommunications & Technology Commission: Syed Mahmood Zoning Board of Appeals: Richard Perlin as Vice Chair B. Reappointments Beautification & Improvement Commission: Ferdinand Soco as Chair Consumer Affairs: Biju Krishnan as Vice Chair and Joanne Haeberlin as Chair Police Pension Board: Harold Primack Public Safety Commission: Mark Penning as Vice Chair and Paul Pitalis as Chair C. Resignations Board of Health: Ashley Moy-Wooten Commission on Family Services: Rebecca Abraham 588480v1  Consumer Affairs: Syed Mahmood Human Relations Commission: Michael Delanois and James Specker Zoning Board of Appeals: Mike Shah 9. Presentations and Reports. 10. Report of the Village Manager. A. Interior/Exterior TIF Rehabilitation Program Grant for 8038 Lincoln Avenue – Take Flight Spirits, LLC. B. Extension of Existing Agreement for Single Family Recycling Collection. 11. Report of the Corporation Counsel. CONSENT: * A. A resolution approving a plat of subdivision for the property located at 3500 Oakton Street, Skokie, Illinois, in an M3 Industry district (2021-08P). This item is on the consent agenda for second reading and adoption. * B. An ordinance amending the Zoning Map with regard to the property located at 9016 Gross Point Road, Skokie, Illinois, from an M2 Light Industry district to a B2 Commercial district (2021-09P). This item is on the consent agenda for second reading and adoption. * C. An ordinance granting a special use permit to allow a limited-service restaurant with drive-through at 3654 Touhy Avenue, Skokie, Illinois, in a B2 Commercial district and relief from Chapter 82, Sections 82-28(b)(1)a. and 82-22(b)(1) of the Skokie Village Code (2021-11P). This item is on the consent agenda for second reading and adoption. * D. An ordinance granting a special use permit to allow a limited-service restaurant with outdoor dining at 3654 Touhy Avenue, Skokie, Illinois in a B2 Commercial district (2021-12P). This item is on the consent agenda for second reading and adoption. E. Request for an executive session in accordance with paragraph 2(c)(11) of the Illinois Open Meetings Act pertaining to the review and discussion of pending litigation. 12. Unfinished Business. 13. New Business. 14. Plan Commission. A. Plan Commission Case 2020-12P – Special Use Permit: 5550 Howard Street. 15. Public Comment. (See information at top of page 1) 16. Adjournment. _______________________ Items marked with an asterisk (*) indicate they are part of the Consent Agenda that contains routine items or items which have already been discussed by the Mayor and Board at a previous public meeting and require a second reading. Items on the Consent Agenda are passed in one vote at the beginning of the Board Meeting. Prior to the vote on the Consent Agenda, the Mayor will inquire if there is any matter which anyone wishes to remove from the Consent Agenda. If there is an item on the Consent Agenda which you wish to address, please inform the Mayor at that time you wish to remove it from the Consent Agenda. 588480v1 A B  MML: 6/7/21 A PC: 2021-08P THIS RESOLUTION MAY BE CITED AS VILLAGE RESOLUTION NUMBER 21-6-R- A RESOLUTION APPROVING A PLAT OF SUBDIVISION FOR THE PROPERTY LOCATED AT 3500 OAKTON STREET, SKOKIE, ILLINOIS, IN AN M3 INDUSTRY DISTRICT 1 WHEREAS, the owners of the following described real property: 2 PARCEL 1: 3 A 20 FOOT STRIP OF LAND THAT RUNS THROUGH THE SOUTH ½ OF THE SOUTH EAST ¼ 4 OF SECTION 23, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL 5 MERIDIAN, THE CENTER LINE OF WHICH IS LYING 10 FEET WESTERLY AND NORTHERLY 6 OF A LINE DESCRIBED AS FOLLOWS: 7 COMMENCING AT A POINT 40 FEET NORTH OF THE SOUTH LINE AND 280 FEET EAST OF 8 THE WEST LINE OF THE SOUTH EAST ¼ OF SAID SECTION 23, THENCE CONTINUING 9 NORTHERLY ALONG SAID LINE 411.05 FEET ALONG A LINE 280 FEET EASTERLY FROM 10 COMMENCEMENT AT A POINT 40 FEET NORTH OF THE SOUTHLINE AND 280 FEET 11 EASTERLY FROM THE WEST LINE OF THE SOUTH EAST ¼ OF SAID SECTION 23 TO A 12 POINT OF TANGENCY OF A CURVED LINE CONVEX TO THE NORTHWEST, THENCE 13 NORTHEASTERLY ALONG SAID CURVED LINE WITH A RADIUS OF 349.26 FEET A 14 DISTANCE OF 538.66 FEET ARC MEASURED TO A POINT OF TANGENCY WHICH IS 2,008.0 15 FEET WESTERLY OF THE EAST LINE OF THE AFORESAID ¼ SECTION, THENCE 16 EASTERLY 118.01 FEET ALONG SAID LINE TO THE POINT OF TERMINATION, IN COOK 17 COUNTY, ILLINOIS. 18 PARCEL 2: 19 A STRIP OF LAND, 20 FEET IN WIDTH IN THE WEST ½ OF THE SOUTH EAST ¼ OF 20 SECTION 23, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL 21 MERIDIAN, IN COOK COUNTY, ILLINOIS, BEING 10 FEET ON EACH SIDE OF THE 22 FOLLOWING DESCRIBED CENTER LINE; BEGINNING AT A POINT 270 FEET EAST OF THE 23 WEST LINE OF SAID ¼ SECTION AND 295 FEET NORTH OF SOUTH LINE OF SAID ¼ 24 SECTION, THENCE NORTHERLY ALONG A LINE PARALLEL WITH AND 270 FEET EAST OF 25 THE WEST LINE OF SAID ¼ SECTION 499.72 FEET, TO A POINT, THENCE 26 NORTHEASTERLY ALONG A CURVED LINE, CONVEX NORTHERLY, TANGENT TO THE 27 LAST DESCRIBED COURSE, HAVING A RADIUS OF 359.26 FEET, 553.65 FEET TO A POINT, 28 THENCE EASTERLY ALONG A STRAIGHT LINE TANGENT TO THE LAST DESCRIBED 29 CURVED LINE 549.07 FEET TO APOINT IN THE WEST LINE OF LANDS CONVEYED TO 30 PETROLAGAR LABORATORIES, INC., RECORDED AS DOCUMENT 10896936, SAID POINT 31 BEING 183.65 FEET SOUTH OF THE NORTH LINE OF THE SOUTH ½ OF SAID SOUTH EAST 32 ¼, (EXCEPTING FROM THE ABOVE DESCRIBED TRACT OF LAND THAT PART WHICH 33 FALLS IN PARCEL 1 HEREINABOVE DESCRIBED AND THAT PART WHICH LIES NORTH OF 34 THE SOUTH 830 FEET OF THE SOUTH ½ OF SAID SOUTH EAST ¼) IN COOK COUNTY, 35 ILLINOIS. 36 PARCEL 3: 37 THAT PART OF THE SOUTH ½ OF THE SOUTH EAST ¼ OF SECTION 23, TOWNSHIP 41 38 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, COMMENCING AT A 39 POINT 40.00 FEET NORTH OF THE SOUTH LINE AND 200.00 FEET EAST OF THE WEST Page 1 of 6 VOSDOCS-#588237-v1-Resolution__2021-08P__Plat_of_Subdivision__3500_Oakton  1 LINE AS MEASURED ALONG A LINE 40.0 FEET NORTH OF AND PARALLEL WITH THE 2 SOUTH LINE OF THE SOUTH EAST ¼ OF SAID SECTION 23; THENCE CONTINUING 3 EASTERLY ALONG A LINE 40.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE 4 OF SAID ¼ SECTION, A DISTANCE OF 458.32 FEET TO A POINT 1800.0 FEET WESTERLY 5 OF THE EAST LINE OF SAID ¼ SECTION; THENCE NORTH ON A LINE FORMING AN 6 ANGLE OF 91 DEGREES 34 MINUTES 00 SECONDS MEASURED FROM AFORESAID LINE 7 40.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF AFORESAID ¼ SECTION 8 FROM WEST TO NORTH (SAID ¼ SECTION; THENCENORTH ON A LINE FORMING AN 9 ANGLE OF 91 DEGREES 34 MINUTES 00 SECONDS MEASURED FROM AFORESAID LINE 10 40.00 FEETNORTH OF AND PARALLEL TO THE SOUTH LINE OF AFORESAID ¼ SECTION 11 FROM WEST TO NORTH (SAID LINE BEING PARALLEL WITH THE EAST LINE OF THE 12 SOUTH EAST ¼ OF SECTION 23) THENCE NORTH ALONG SAID LINE 1890 FEET WEST A 13 DISTANCE OF 750.47 FEET TO A LINE 790.20 FEET MEASURED AT RIGHT ANGLES TO 14 THE SOUTH LINE OF THE SOUTH EAST ¼ OF SECTION 28 AFORESAID, THENCE 15 WESTERLY ALONG SAID LINE WHICH FORMS AN ANGLE OF 88 DEGREES 26 MINUTES 16 MEASURED FROM SOUTH TO WEST FROM THE LAST DESCRIBED COURSE, A DISTANCE 17 OF 118.01 FEET TO A POINT OF TANGENCY OF A CURVED LINE CONVEX TO THE 18 NORTHWEST; THENCE SOUTHWESTERLY ALONG SAID CURVED LINE WITH A RADIUS 19 OF 349.26 FEET A DISTANCE OF 536.66 FEET TO ITS POINT OF TANGENCY LYING ON A 20 LINE 280.00 FEET EASTERLY FROM THE WEST LINE OF THE SOUTH EAST ¼ OF SECTION 21 23, AFORESAID; THENCE SOUTH ALONG SAID LINE 411.05 FEET TO THE POINT OF 22 BEGINNING; (EXCEPTING THAT PART DEDICATED PER DOCUMENT 1022316044 FOR ST. 23 LOUIS AVENUE), IN COOK COUNTY, ILLINOIS. 24 PARCEL 4: 25 COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE EAST 1890 FEET AND 26 THE NORTH LINE OF THE SOUTH 810.48 FEET OF SAID QUARTER SECTION (AS 27 MEASURED ALONG LINES PARALLEL WITH THE SOUTH LINE AND THE EAST LINE OF 28 SAID QUARTER SECTION); THENCE SOUTH 87 DEGREES 57 MINUTES 53 SECONDS 29 WEST ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION 30 118.70 FEET TO A POINT; THENCE SOUTHWESTERLY ALONG A CURVED LINE TANGENT 31 TO THE LAST DESCRIBED COURSE HAVING A RADIUS OF 369.26 AND CONVEX TO THE 32 NORTH WEST 177.18 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 89 33 DEGREES 35 MINUTES 53 SECONDS WEST 123.52 FEET; THENCE SOUTH 00 DEGREES 34 24 MINUTES 07 SECONDS EAST, 111.87 FEET, FOR POINT “A” (FOR PURPOSE OF THIS 35 LEGAL DESCRIPTION); THENCE SOUTH 89 DEGREES 35 MINUTES 53 SECONDS WEST, 36 46.01 FEET, TO A POINT ON THE EAST LINE OF WEST 280.00 FEET, (AS MEASURED ON 37 THE SOUTH LINE OF SAID SECTION) OF SAID QUARTER SECTION; THENCE SOUTH 00 38 DEGREES 24 MINUTES 07 SECONDS EAST, ALONG EAST LINE OF WEST 280.00 FEET OF 39 SAID QUARTER SECTION, 90.82 FEET; THENCE NORTHEASTERLY ALONG A CURVED 40 LINE HAVING A RADIUS OF 369.26 FEET AND CONVEX TO THE NORTHWEST 102.14 FEET; 41 TO AFORESAID POINT “A”; THENCE CONTINUING ALONG LAST DESCRIBED CURVED 42 LINE 188.10 FEET, TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. 43 EXCEPTING FROM THE AFORESAID PARCELS 1, 2, 3 AND 4 TAKEN AS A TRACT, THAT 44 PART DESCRIBED AS FOLLOWS: 45 BEGINNING AT A POINT ON THE WEST LINE 260 FEET EAST OF THE WEST LINE OF THE 46 SOUTH ½ OF THE SOUTHEAST ¼ OF SECTION 23, TOWNSHIP 41 NORTH, RANGE 13, 47 EAST OF THE THIRD PRINCIPAL MERIDIAN, SAID POINT BEING 622.32 FEET NORTH OF A 48 LINE 40 FEET NORTH OF THE SOUTH LINE OF SAID SOUTHEAST ¼; THENCE NORTH 00 49 DEGREES 24 MINUTES 07 SECONDS WEST, ALONG SAID 260 FEET EAST OF THE WEST 50 LINE OF THE SOUTHWEST ¼, 133.00 FEET TO A POINT; THENCE NORTHEASTERLY 51 ALONG A CURVED LINE CONVEX, NORTHERLY TANGENT TO THE LAST DESCRIBED 52 COURSE, HAVING A RADIUS OF 369.26 FEET, 35.10 FEET TO A LINE 830 FEET NORTH; 53 THENCE NORTH 87 DEGREES 57 MINUTES 53 SECONDS EAST 20.16 FEET, TO A POINT; 54 THENCE SOUTHWESTERLY ALONG A CURVED LINE CONVEX NORTHERLY, HAVING A Page 2 of 6 VOSDOCS-#588237-v1-Resolution__2021-08P__Plat_of_Subdivision__3500_Oakton 1 RADIUS OF 349.26 FEET, 35.68 FEET TO A POINT OF TANGENCY; THENCE SOUTH 00 2 DEGREES 24 MINUTES 07 SECONDS EAST, 133.00 FEET; THENCE SOUTH 89 DEGREES 3 35 MINUTES 53 SECONDS EAST, 20.00 FEET TO THE POINT OF BEGINNING. 4 ALSO EXCEPTING THEREFROM THE FOLLOWING: 5 COMMENCING AT A POINT 40 FEET NORTH OF THE SOUTH LINE, AND 280 FEET EAST OF 6 THE WEST LINE AS MEASURED ALONG A LINE 40 FEET NORTH OF AND PARALLEL WITH 7 THE SOUTH LINE OF THE SOUTHEAST ¼ OF SAID SECTION 23; THENCE NORTH 8 CONTINUING EASTERLY ALONG A LINE 40 FEET NORTH OF AND PARALLEL WITH THE 9 SOUTH LINE OF SAID QUARTER SECTION A DISTANCE OF 458.32 FEET TO A POINT 1890 10 FEET WESTERLY OF THE EAST LINE OF SAID QUARTER SECTION; THENCE NORTH ON A 11 LINE FORMING AN ANGLE OF 91 DEGREES 34 MINUTES 00 SECONDS MEASURED FROM 12 AFORESAID LINE 40 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF 13 AFORESAID QUARTER SECTION FROM WEST TO NORTH (SAID LINE BEING PARALLEL 14 WITH THE EAST LINE OF THE SOUTHEAST ¼ OF SECTION 23, HAVING A BEARING OF 15 NORTH 00 DEGREES 28 MINUTES 07 SECONDS WEST), A DISTANCE OF 747.53 FEET TO 16 THE POINT OF BEGINNING, THENCE CONTINUING NORTH 00 DEGRESS 28 MINUTES 07 17 SECONDS WEST ALONG SAID LAST DESCRIBED LINE 22.96 FEET; THENCE SOUTH 87 18 DEGREES 57 MINUTES 53 SECONDS WEST 118.70 FEET, TO A POINT OF TANGENCY OF 19 A CURVED LINE, CONVEX TO NORTHWEST; THENCE SOUTHWESTERLY ALONG SAID 20 CURVED LINE WEST A RADIUS OF 369.62 FEET A DISTANCE OF 126.35 FEET; THENCE 21 NORTH 89 DEGREES 30 MINUTES 51 SECONDS WEST 57.02 FEET; THENCE NORTH 00 22 DEGREES 28 MINUTES 05 SECONDS WEST 5.00 FEET; THENCE NORTH 89 DEGREES 30 23 MINUTES 51 SECONDS EAST, 184.00 FEET TO THE POINT OF BEGINNING, IN COOK 24 COUNTY, ILLINOIS. 25 PIN: 10-23-406-047-0000 26 more commonly known as 3500 Oakton Street, Skokie, Illinois (hereinafter the “Subject 27 Property”) in an M3 Industry district, petitioned the Village of Skokie for a subdivision of the 28 Subject Property for the purpose of establishing eight (8) separate commercial spaces (separate 29 lots) with a common parking lot (separate lot) on the east side of the property as shown on the 30 “ROC Skokie Subdivision“ plat, dated, February 18, 2021, subsequently revised March 4, 2021, 31 a copy of which is marked as Exhibit “1” and attached hereto; and 32 WHEREAS, after the subdivision of the Subject Property, the legal description of the 33 Subject Property will be as follows: 34 LOTS 1 THRU 9 IN THE ROC SKOKIE SUBDIVISION PART OF THE SOUTH ½ OF THE WEST 35 ½ OF THE SOUTHEAST ¼ OF SECTION 23, TOWNSHIP 41 NORTH, RANGE 13, EAST OF 36 THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY ILLINOIS. 37 which it is anticipated that the individual lots will be commonly known as: 38 Lot 1: 3526 Oakton Street 39 Lot 2: 8060 St. Louis Avenue 40 Lot 3: 8044 St. Louis Avenue 41 Lot 4: 8038 St. Louis Avenue 42 Lot 5: 8034 St. Louis Avenue 43 Lot 6: 8028 St. Louis Avenue 44 Lot 7: 8024 St. Louis Avenue 45 Lot 8: 8020 St. Louis Avenue 46 Lot 9: 3500 Oakton Street 47 48 WHEREAS, private easements will be granted for ingress and egress and for shared 49 parking. These easements shall also specify that any reserved parking spaces must conform 50 with the Skokie Village Code; and Page 3 of 6 VOSDOCS-#588237-v1-Resolution__2021-08P__Plat_of_Subdivision__3500_Oakton 1 WHEREAS, the Skokie Plan Commission, after public hearing duly held April 15, 2021, 2 voted to recommend to the Mayor and Board of Trustees that the requested subdivision be 3 granted subject to the conditions stated in the Plan Commission Report dated May 3, 2021; 4 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on May 3, 5 2021 concurred in the aforesaid recommendation of the Skokie Plan Commission; 6 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the 7 Village of Skokie, Cook County, Illinois: 8 Section 1: That the requested subdivision of the Subject Property, legally described 9 above and commonly known as 3500 Oakton Street, Skokie, Illinois, in an M3 Industry district, 10 be and the same is hereby approved subject to the following conditions: 11 1. Upon the passage of the ordinance by the Board of Trustees, the Mylar of the 12 Subdivision must be submitted to the Village with all signatures other than Village 13 staff or elected officials; 14 2. ROC Skokie Subdivision dated February 18, 2021, subsequently revised March 4, 15 2021, shall be effective upon its recording by the Village in the Office of the 16 Recorder of Deeds of Cook County, Illinois; 17 3. All monuments must be set no later than 1 year after the date of the recording of 18 the plat; and 19 4. The petitioners must comply with all Federal and State statutes, laws, rules and 20 regulations and all Village codes, ordinances, rules, and regulations. 21 Section 2: That the “ROC Skokie Subdivision” plat dated February 18, 2021, and 22 subsequently revised March 4, 2021, attached hereto and marked as Exhibit “1” be and the 23 same is hereby accepted and shall be recorded at the Petitioner’s expense with the Cook 24 County Recorder of Deeds Office. 25 Section 3: That a notice of approval of this Resolution incorporating the conditions 26 contained herein shall be approved by the owner of the property in writing and duly recorded 27 with the Cook County Clerk’s Office at the owner’s expense. 28 Section 4: That this Resolution shall be in full force and effect from and after its 29 passage, approval and recordation as provided by law. PASSED this day of June, 2021. Ayes: Nays: Village Clerk Absent: Approved by me this day of Attest: June, 2021. Village Clerk Mayor, Village of Skokie Page 4 of 6 VOSDOCS-#588237-v1-Resolution__2021-08P__Plat_of_Subdivision__3500_Oakton  Exhibit 1 1 2 Page 5 of 6 VOSDOCS-#588237-v1-Resolution__2021-08P__Plat_of_Subdivision__3500_Oakton 1 Page 6 of 6 VOSDOCS-#588237-v1-Resolution__2021-08P__Plat_of_Subdivision__3500_Oakton  B MML: *6/7/21 PC: 2021-09P THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 21-6-Z- AN ORDINANCE AMENDING THE ZONING MAP WITH REGARD TO THE PROPERTY LOCATED AT 9016 GROSS POINT ROAD SKOKIE, ILLINOIS FROM AN M2 LIGHT INDUSTRY DISTRICT TO A B2 COMMERCIAL DISTRICT 1 WHEREAS, the owner of the following described real property: 2 LOT 14 EAST OF RAILROAD EXCEPT THE WESTERLY 155 FEET IN COUNTY CLERK’S DIVISION 3 OF SECITON 16, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, 4 ALSO EXCEPT THAT PART OF SAID LOT 14 BOUNDED AND DESCRIBED AS FOLLOWS: 5 BEGINNING ON THE NORTH LINE OF SAID LOT 14 AT ITS INTERSECTION, WITH THE 6 NORTHWESTERLY LINE OF GROSS POINT ROAD AS ESTABLISHED IN “THE BRONX” BEING A 7 SUBDIVISION OF PARTS OF THE SOUTHEAST QUARTER OF SECTION 16 AFORESAID, THENCE 8 SOUTHWESTERLY ALONG SAID NORTHWESTERLY LINE OF GROSS POINT ROAD PRODUCED 9 SOUTHWESTERLY A DISTANCE OF 85 FEET, THENCE NORTHWESTERLY ON A LINE 10 PERPENDICULAR TO THE LAST DESCRIBED COURSE TO THE NORTH LINE OF SAID LOT 14, 11 THENCE EAST ALONG THE NORTH LINE OF SAID LOT 14 TO THE PLACE OF BEGINNING. 12 PIN: 10-16-410-031-0000 13 commonly known 9008-9018 Gross Point Road, Skokie, Illinois (hereinafter “Subject 14 Property”), petitioned the Village of Skokie to reclassify the zoning of the Subject Property 15 from an M2 Light Industry district to a B2 Commercial district; and 16 WHEREAS, the Subject Property is a single lot containing four (4) non-conforming 17 detached residences; and 18 WHEREAS the Subject Property has been zoned for industrial purposes since at 19 least 1946 and the property owner in now seeking to rezone it in order to construct a 20 proposed dental office, which is a permitted use in a B2 Commercial district; and 21 WHEREAS, the requested zoning change is consistent with the Comprehensive 22 Plan’s manufacturing/service employment designation for the Subject Property; and 23 WHEREAS, the Community Development Department staff is supportive of the 24 zoning changes, which would allow a greater variety of office uses that would be 25 appropriate for the site; and 26 WHEREAS, the Skokie Plan Commission, after public hearing duly held on April 15, 27 2021 at which no interested parties testified, (i) determined that proper notice had been 28 given; (ii) made the appropriate findings of fact in the affirmative as required under Section 29 118-6(h) of the Skokie Village Code and (iii) voted to recommend to the Mayor and Board of 30 Trustees that the requested zoning reclassification be granted and the Official Zoning Map 31 of the Village of Skokie be amended to reflect this reclassification; and Page 1 of 2 VOSDOCS-#588247-v1-Ordinance__2021-09P__Zoning_Map_Amendment__9016_Gross_Point_Rd___M2_to_B2 1 WHEREAS, the Mayor and Board of Trustees, after public meeting duly held on May 2 3, 2021, concurred in the aforesaid recommendation of the Plan Commission; 3 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the 4 Village of Skokie, Cook County, Illinois: 5 Section 1: That the Subject Property legally described above and commonly 6 known as 9008-9018 Gross Point Road, Skokie, Illinois, be and the same is hereby 7 reclassified from a M2 Light Industry district to a B2 Commercial district. 8 Section 2: That the Official Zoning Map of the Village of Skokie be and the same 9 is amended to reflect this reclassification. 10 Section 3: That a notice of approval of this Ordinance incorporating the 11 conditions contained herein shall be executed by the owner of the property in writing and 12 duly recorded with the Cook County Clerk’s office at the owner’s expense. 13 Section 4: That this Ordinance shall be in full force and effect from and after its 14 passage approval and recordation as provided by law. 15 ADOPTED this day of June, 2021. Ayes: Nays: Village Clerk Absent: Attested and filed in my Approved by me this day of office this day of June, 2021. June, 2021. Mayor, Village of Skokie Village Clerk Page 2 of 2 VOSDOCS-#588247-v1-Ordinance__2021-09P__Zoning_Map_Amendment__9016_Gross_Point_Rd___M2_to_B2  C MML: *6/7/21 PC: 2021-11P SUP: 460.02 THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 21-6-Z- AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW A LIMITED-SERVICE RESTAURANT WITH DRIVE-THROUGH AT 3654 TOUHY AVENUE, SKOKIE, ILLINOIS IN A B2 COMMERCIAL DISTRICT AND RELIEF FROM CHAPTER 82, SECTIONS 82-28(b)(1)a. AND 82-22(b)(1) OF THE SKOKIE VILLAGE CODE 1 WHEREAS, the owner of the following described real property: 2 LOT 2 IN TOUHY MARKETPLACE SUBDIVISION, BEING A SUBDIVISION OF PART OF 3 THE WEST HALF OF THE SOUTHEAST QUARTER AND EAST HALF OF THE 4 SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 13, EAST 5 OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. 6 PIN: 10-26-318-040-0000 7 more commonly described as 3654 Touhy Avenue, Skokie, Illinois (hereinafter “Subject 8 Property”), petitioned the Village of Skokie for a special use permit to allow a limited-service 9 restaurant with a drive-through in a B2 Commercial district; and 10 WHEREAS, this is a companion case to Plan Commission Case 2021-12P, a request 11 for a special use permit to allow outdoor dining at the Subject Property; and 12 WHEREAS, the petitioner desires to remodel and upgrade the site, which previously 13 housed the M Burger restaurant, into a Chipotle restaurant. The new restaurant will utilize the 14 existing drive-through for pick-up of mobile orders only. The plan includes a small addition on 15 the west side of the Subject Property, an area for outdoor dining, updating the appearance of 16 the existing structure and one additional parking space; and 17 WHEREAS, the petitioner requested relief from the following sections of Chapter 82 of 18 the Skokie Village Code: 19 i. 82-28(b)(1)a.- to allow three (3) signs not facing public street frontage and to 20 allow the tower feature sign; 21 ii. 82-22(b)(1) - to allow signs to project above the physical dimensions of the 22 canopy; and 23 WHEREAS, the Skokie Plan Commission, at a public hearing duly held on April 15, 24 2021, for which proper legal notice had been achieved and no interested parties testified, (a) 25 made the appropriate findings of fact as required under Section 118-6(f) of the Skokie Village 26 Code and (b) voted to recommend to the Mayor and Board of Trustees that the requested 27 special use permit be granted subject to the conditions contained in the Plan Commission 28 Report dated May 3, 2021; and Page 1 of 3 VOSDOCS-#588265-v1-Ordinance__2021-11P__Special_Use_Permit__Limited-Service_Restaurant_with_Drive- Through__3654_Touhy 1 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on June 7, 2 2021, concurred in the aforesaid recommendations and findings of fact of the Skokie Plan 3 Commission; 4 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the 5 Village of Skokie, Cook County, Illinois: 6 Section 1: That the special use permit requested by the petitioner to allow a limited- 7 service restaurant with a drive-through at the Subject Property, described above and 8 commonly known as 3654 Touhy Avenue, Skokie, Illinois, in a B2 Commercial district be and 9 the same is hereby granted and approved subject to each of the conditions set forth below: 10 1. The petitioner shall develop the Subject Property in substantial conformance 11 with the final Village approved site plan (Chipotlane Exhibit) dated May 3, 12 2021, Landscaping Plan dated June 5, 2014 (with updated base map), and 13 sign plans and building elevations dated March 22, 2021; 14 2. The petitioner shall develop and use the Subject Property in accordance with 15 the site plan approval for this site; 16 3. Any outdoor sound systems shall at all times maintain audio levels that are 17 compliant with the Skokie Village Code; 18 4. No objects are allowed within a 15' sight distance triangle between 30" and 84" 19 in height from grade except traffic control devices listed in the Manual on 20 Uniform Traffic Control Devices; 21 5. Trash shall only be allowed within a designated trash enclosure and shall be 22 screened from public view in an enclosure approved by the Appearance 23 Commission. All trash shall be contained in such a way as to remain out of sight 24 at all times, except for waste receptacles referenced below; 25 6. Waste receptacles shall be placed on the Subject Property for the use of 26 customers, and that the Health Department shall determine the size, type, and 27 location of these units, including 1 waste receptacle near the drive-through exit 28 and 1 waste receptacle at the restaurant entrance; 29 7. At least once during every 4 hours of operation and before opening and 30 closing of the business, employees shall patrol the Subject Property and clear 31 it of debris; 32 8. All signage shall conform to the Skokie Village Code, except as provided in 33 this ordinance. Any sign on the Subject Property that is in violation of that 34 Code must be removed or modified to conform with the Village Code prior to 35 the issuance of an occupancy permit; 36 9. The petitioner shall implement any necessary operational improvements to 37 ensure that stacking of vehicles within the drive-through lane will be contained 38 on-site and not impede or obstruct pedestrian or vehicular movements; 39 10. All modifications to building elevations, signage, and landscaping shall be 40 subject to the review and approval of the Skokie Appearance Commission; 41 11. The petitioner shall comply with all Federal and State statutes, laws, rules and 42 regulations and all Village codes, ordinances, rules, and regulations; and Page 2 of 3 VOSDOCS-#588265-v1-Ordinance__2021-11P__Special_Use_Permit__Limited-Service_Restaurant_with_Drive- Through__3654_Touhy 1 12. Failure to abide by any and all terms of this Ordinance shall be cause for the 2 Village to initiate hearings to determine whether the subject Ordinance, as well 3 as any applicable business licenses, should be revised or revoked. The 4 petitioner shall pay all costs related to any hearings conducted as a result of 5 non-compliance with any of the provisions of the enabling ordinance. The 6 costs shall include but not be limited to court reporter fees, attorney fees, and 7 staff time required researching and conducting said hearing. 8 Section 2: That relief from Chapter 82, Section 82-28(b)(1)a. in order to allow 9 three (3) signs not facing public street frontage and to allow the tower feature sign, is hereby 10 approved. 11 Section 3: That relief from Chapter 82, Section 82-22(b)(1) in order to allow signs 12 to project above the physical dimensions of the canopy, is hereby approved. 13 Section 4: That a notice of the approval of this Ordinance incorporating the 14 conditions contained herein shall be executed by the owner of the property in writing and 15 duly recorded with the Cook County Clerk’s Office at the owner’s expense. 16 Section 5: That this Ordinance shall be in full force and effect from and after its 17 passage, approval and recordation as provided by law. 18 ADOPTED this day of June, 2021. 19 20 Village Clerk 21 Ayes: 22 Nays: 23 Absent: 24 Approved by me this day of 25 Attested and filed in my June, 2021. 26 office this day of 27 June, 2021. 28 29 Mayor, Village of Skokie 30 31 Village Clerk Page 3 of 3 VOSDOCS-#588265-v1-Ordinance__2021-11P__Special_Use_Permit__Limited-Service_Restaurant_with_Drive- Through__3654_Touhy  D MML: *6/7/21 PC: 2021-12P SUP: 461.02 10THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 21-6-Z- AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW A LIMITED-SERVICE RESTAURANT WITH OUTDOOR DINING AT 3654 TOUHY AVENUE, SKOKIE, ILLINOIS IN A B2 COMMERCIAL DISTRICT 1 WHEREAS, the owner of the following described real property: 2 LOT 2 IN TOUHY MARKETPLACE SUBDIVISION, BEING A SUBDIVISION OF PART OF 3 THE WEST HALF OF THE SOUTHEAST QUARTER AND EAST HALF OF THE 4 SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 13, EAST OF 5 THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. 6 PIN: 10-26-318-040-0000 7 more commonly described as 3654 Touhy Avenue, Skokie, Illinois (hereinafter “Subject 8 Property”), petitioned the Village of Skokie for a special use permit to allow outdoor dining in 9 a B2 Commercial district; and 10 WHEREAS, this is a companion case to Plan Commission Case 2021-11P, a request 11 for a special use permit to allow a small addition and drive-through at the Subject Property; and 12 WHEREAS, the petitioner desires to remodel and upgrade the site which previously 13 housed the M Burger restaurant into a Chipotle restaurant. The new restaurant will utilize the 14 existing drive-through for pick-up of mobile orders only. 15 The plan includes updating the appearance of the existing structure and one additional parking 16 space; and 17 WHEREAS, an outdoor dining area will have an 18-seat capacity and will be located at 18 the northwest corner of the building. The patio will be fully screened from the drive-through 19 area with fencing; and 20 WHEREAS, the Skokie Plan Commission, at a public hearing duly held on April 15, 2021, 21 for which proper legal notice had been achieved and no interested parties testified, (a) made the 22 appropriate findings of fact as required under Section 118-6(f) of the Skokie Village Code and 23 (b) voted to recommend to the Mayor and Board of Trustees that the requested special use 24 permit be granted subject to the conditions contained in the Plan Commission Report dated May 25 3, 2021; and 26 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on June 7, 27 2021, concurred in the aforesaid recommendations and findings of fact of the Skokie Plan 28 Commission; Page 1 of 2 VOSDOCS-#588514-v1-Ordinance_2021-12P_Special_Use_Permit__Limited_Service_Restaurant_Outdoor_Dining_3654_Touhy 1 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the 2 Village of Skokie, Cook County, Illinois: 3 Section 1: That the special use permit requested by the petitioner to allow a limited- 4 service restaurant with outdoor dining at the Subject Property, described above and commonly 5 known as 3654 Touhy Avenue, Skokie, Illinois, in a B2 Commercial district be and the same is 6 hereby granted and approved subject to each of the conditions set forth below: 7 1. The petitioner shall operate and maintain the Subject Property in substantial conformance 8 with the patio plan dated May 3, 2021; 9 2. The petitioner shall comply with all applicable conditions in the special use permit and site 10 plan approval ordinances for this site; 11 3. Any outdoor sound systems shall at all times maintain audio levels that are compliant with 12 the Skokie Village Code; 13 4. Waste receptacles shall be placed on the Subject Property for the use of customers, and 14 that the Health and Human Services Department shall determine the size, type, and 15 location of these units, including one (1) waste receptacle in the outdoor dining area and 16 1 waste receptacle at the restaurant entrance; 17 5. The use will comply with all standard conditions in Section 118-93(e) of the Skokie Village 18 Code for outdoor dining; and 19 6. At least once during every four (4) hours of operation and before opening and closing of 20 the business, employees shall patrol the Subject Property and clear it of debris. 21 Section 2: That a notice of the approval of this Ordinance incorporating the 22 conditions contained herein shall be executed by the owner of the property in writing and duly 23 recorded with the Cook County Clerk’s Office at the owner’s expense. 24 Section 3: That this Ordinance shall be in full force and effect from and after its 25 passage, approval and recordation as provided by law. ADOPTED this day of June, 2021. Village Clerk Ayes: Nays: Absent: Approved by me this day of Attested and filed in my June, 2021. office this day of June, 2021. Mayor, Village of Skokie Village Clerk Page 2 of 2 VOSDOCS-#588514-v1-Ordinance_2021-12P_Special_Use_Permit__Limited_Service_Restaurant_Outdoor_Dining_3654_Touhy PLAN COMMISSION REPORT 2020-12P: Special Use Permit Plan Commission Council Chambers, 8:00 PM, June 7, 2021 To: Mayor and Board of Trustees From: Paul Luke, Plan Commission Chairperson Re: 2020-12P: Special Use Permit PLAN COMMISSION ANALYSIS During its October 1, 2020, meeting, the Plan Commission heard a request for a special use permit for outdoor storage in conjunction with BCLS Landscaping in an M2 Light Industry zoning district and any relief that may be discovered during the review of this case. Although the site is an aesthetic improvement to the previous use, the property is already being used for outdoor storage and has been since well before this petition. Some of the existing site improvements were made without prior review by the Village. This special use permit will legalize the use of the site and correct previous and current deficiencies, including the completion of the fencing, removing parking spaces that encroach into the right-of-way, and improved parking lot and driveway surfaces. The Commission has included enforceable timelines for required improvements in the recommended conditions. The petitioner has provided all the requested corrections to the site and landscaping plans. Discussion from the Commission included whether corrective actions should have been completed before the hearing of the case and praise for the clean-up and beautification efforts by the petitioner. No additional relief was discovered during the review of this case. Additional analysis and the discussion can be found in the attached Staff Report and meeting minutes. INTERESTED PARTIES Legal notice was advertised, posted, and delivered to property owners in the area as prescribed by the Zoning chapter of the Village Code. No interested parties provided testimony at the hearing. APPEARANCE COMMISSION This petition did not need to be reviewed by the Appearance Commission. PLAN COMMISSION RECOMMENDATIONS AND VOTING The Plan Commission recommended, by a vote of 9 ayes and 0 nays, that the petitioner’s request for a special use permit for a special use permit for outdoor storage at 5550 VOSDOCS-#588644-v1-Master_Plan_Commission_Report_for_2020- 12P__special_use_permit_for_outdoor_storage_at_5550_Howard 1 of 13 Howard Street be APPROVED, based upon the Proposed Positive Findings of Fact and the recommended conditions below. ATTENDANCE AYES NAYS ABSENT Mitchell X Quane X Berman (second) X Robinson X Franklin X Laxpati X Burman (moved) X Mathee X Luke X ATTACHMENTS 1. Plan Commission Recommended Conditions for 2020-12P, dated June 7, 2021 2. Plan Commission Positive Findings of Fact for 2020-12P, dated June 7, 2021 3. Plan Commission Minutes for the October 1, 2020 meeting 4. Staff Report for 2020-12P, dated October 1, 2020 5. Site plan (dimension plan) and landscape plan (permit plan), dated April 26, 2021 6. Land Use Map VOSDOCS-#588644-v1-Master_Plan_Commission_Report_for_2020- 12P__special_use_permit_for_outdoor_storage_at_5550_Howard 2 of 13 PLAN COMMISSION RECOMMENDED CONDITIONS 2020-12P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, Jun 7, 2021 1. The petitioner shall develop the Subject Property in substantial conformance with the final Village approved site plan (dimension plan) and landscape plan (permit plan), dated April 26, 2021. 2. Within 60 days of the approval of this petition by the Village Board, the petitioner must: a. Resolve all outstanding citations issued for the property. b. Complete construction of the fencing and screening approved by this special use permit. 3. No landscaping materials shall be permitted to be stored within any driveway or required parking space at the subject site. 4. 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. (Standard) 5. Parking lot and exterior lighting shall meet IES standards, be full cut-off design, and directed away from adjacent properties, and subject to the approval of the Engineering Division. (Standard) 6. All required off-street parking spaces shall be legibly striped and maintained. (Standard) 7. The Subject Property must conform to the Village's Storm Water Control Ordinance as contained in the Skokie Village Code, including the disconnection of any downspouts. (Standard) 8. All modifications to building elevations, signage, and landscaping shall be subject to the review and approval of the Skokie Appearance Commission. (Standard) 9. The handicapped parking spaces shall be installed and maintained in compliance with State of Illinois Accessibility Standards and the Skokie Village Code. All handicapped parking spaces shall be included in the Village Handicapped Parking Space Maintenance Program. (Standard) 10. Vehicles shall not be allowed to be parked in or otherwise block driveways, sidewalks, aisles, or other points of access the lead to required parking at any time, shall always be parked in designated parking spaces, and shall not overlap the striped lines of designated parking spaces. All employees shall park on the Subject Property. (Standard) 11. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other objects that may impede travel. (Standard) 12. All landscaping shall be maintained to a maximum height of 30 inches for a distance of 15 feet from any vehicular access point or intersection in order to maintain adequate sight distance. (Standard) VOSDOCS-#588644-v1-Master_Plan_Commission_Report_for_2020- 12P__special_use_permit_for_outdoor_storage_at_5550_Howard 3 of 13 13. 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 and watering, 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. All dead landscaping shall be replaced in a timely manner. (Standard) 14. The petitioner shall submit to the Planning Division electronic files of the Plat of Survey, Site Plan, and Landscape Plan in approved and finalized form. The files shall be scaled CADD 2D drawing files on non-compressed, non-read only, IBM formatted, CD-ROM .DWG AutoCAD format (version 2004). The drawings shall be formatted to SPCS, NAD83, HARN1997, with SPCS north being straight up, and the primary units in U.S. Survey Feet. All elements shall be contained within a single file, no XREF or PDF attachment files shall be used. (Standard) 15. Prior to the issuance of building permits, the petitioner shall submit to the Planning Division of the Community Development Department the name, address, and telephone number of the company and contact person responsible for site maintenance in compliance with the special use permit. (Standard) 16. 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 any and all claims for property damage or personal injury related to work on or use of public property. (Standard) 17. The petitioner shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. (Standard) 18. 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. (Standard) 19. The petitioner shall pay all costs related to any hearings conducted as a result of non- compliance with any of the provisions of the enabling ordinance. The costs shall include but not be limited to court reporter fees, attorney fees, and staff time required researching and conducting said hearing. (Standard) VOSDOCS-#588644-v1-Master_Plan_Commission_Report_for_2020- 12P__special_use_permit_for_outdoor_storage_at_5550_Howard 4 of 13 PLAN COMMISSION POSITIVE PINDINGS OF FACT 2020-12P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, June 7, 2021 Consideration Finding The request is consistent with the intent of the The site is designated as manufacturing/ Comprehensive Plan. service employment in the Comprehensive Plan, of which the outdoor storage for landscaping materials is an appropriate use for such designation. The request will not adversely affect adjacent The proposed use will not adversely affect properties. adjacent properties if the outdoor storage is properly screened from view. The request is compatible with the existing or The proposed use is compatible with the allowable uses of adjacent properties. existing or allowable uses of adjacent properties. The request demonstrates that adequate public The request is expected to demonstrate that facilities, including roads, drainage, utilities, adequate public facilities, including roads, and police and fire protection exist or will exist drainage, utilities, and police and fire to serve the requested use at the time such protection exist or will exist to serve the facilities are needed. requested use at the time such facilities are needed. The request demonstrates adequate provision The request demonstrates adequate provision for maintenance and use of the associated for maintenance and use of the associated structures. structures. The request has considered and, to the degree The request has considered and has possible, addressed the adverse effects on the addressed or will address the adverse effects natural environment. on the natural environment, once site drainage is evaluated. The request will not create undue traffic The proposed use is not expected to create congestion. undue traffic congestion. The request will not adversely affect public The proposed use will not adversely affect health, safety, and welfare. the public health, safety, or general welfare if drainage issues are clarified and resolved, if necessary. The request conforms to all applicable There are outstanding Code compliance provisions of this code, except where relief is issues on this site, including existing outdoor granted with the request. storage and lack of issuance of a Certificate of Occupancy. Once resolved, this request will conform to all applicable provisions of this code. VOSDOCS-#588644-v1-Master_Plan_Commission_Report_for_2020- 12P__special_use_permit_for_outdoor_storage_at_5550_Howard 5 of 13  Plan Commission Meeting Minutes Date: October 1, 2020 A motion was made by Commissioner S. Berman and seconded by Commissioner J. Burman to approve the minutes of the September 3, 2020 Plan Commission meeting. The chairman read the following statement into the record. Until further notice, meetings of the Skokie Plan Commission will be electronically, with a majority of members participating via remote access in order to comply with the State of Illinois Gubernatorial Disaster Proclamation. Members of the public who wish to comment as to an item on the published legal notice must submit their statement or question in writing to Steve Marciani at steve.marciani@skokie.org and all properly submitted statements or questions will be presented and read during the relevant portion of the meeting. Written comments also may be submitted by email to citizencomments@skokie.org ; by mail to Village of Skokie, Attn: Matt Brandmeyer, Ex Officio Plan Commissioner, 5127 Oakton Street, Skokie, IL 60077; or via the Village’s drop box (no later than noon the day of the meeting) located by the public entry to Village Hall. The chairman called the roll to confirm a quorum for this virtual meeting. Case Description: 2020-12P – Special Use Permit: 5550 Howard Street Chicago Title Land Company, a corporation of Illinois as trustee under the provisions of a certain trust agreement dated November 6, 2018, and known as Trust Number 8002379462, requests a special use permit for outdoor storage in conjunction with BCLS Landscaping in an M2 Light Industry zoning district and any relief that may be discovered during the review of this case. PINs: 10-28-215-034-0000 and 10-28-215-035-0000 Discussion and Interested Parties Legal notice was determined to be proper and correct at a prior Plan Commission meeting. At that time staff requested a continuation to this date. William Szydlowski, president of BCLS, presented the case and gave a brief timeline of events. The previous owner, Harig Industries, submitted plans in 2015 for expanding the site including putting up a new building. The right-of-way in front of the curb on Howard Street was expanded. He purchased the property 18 months ago and those submitted plans have been discarded. He wishes to continue using the existing building (not used for daily operations) and obtain a special use permit for outdoor storage of landscape material and equipment. Staff requested that the report be accepted as presented. Outdoor storage without a principal use is not allowed. This is clearly an expansion since the property was most recently left vacant. Staff is recommending that MWRD needs to be involved for code compliance. Despite several issues, they are recommending approval. Civil plans were VOSDOCS-#588644-v1-Master_Plan_Commission_Report_for_2020- 12P__special_use_permit_for_outdoor_storage_at_5550_Howard 6 of 13 never submitted or reviewed; an occupancy permit was never issued for the building; the parking spaces in the right-of-way need to be removed, and the parking spaces need to be on an approved paved surface – not gravel or stone. Mr. Szydlowski spoke with the Village’s senior engineer, Russ Rietveld, for his interpretation and recommendations prior to this meeting. There are no additions or reductions to the grade or water shed other than the front berm for landscaping and therefore he foresees no need for a MWRD review, but the petitioner will reach out to them anyway. A commissioner suggested waiting until the violations have been cleared before continuing the process towards Village Board final approval. It is his opinion that the case is not “ripe” yet. He asked staff if a special use permit was ever approved with so much yet to be finished. Staff is assigning a 60-day deadline after the Village Board meeting to complete the fencing and submit scaled plans. Staff added that the use is already operational and once an ordinance is passed and items are not completed within the timeframe, staff would be in control for enforcement by requiring them to come back for terms to be amended or by administrative hearings and tickets. The commissioner voiced his dislike for the order that it is being handled but is in favor of having the use reach compliance. The chairman stated that it is a unique case and staff has come up with a solution and is being more tolerant. The petitioner stated that was acceptable; financially he can do it, but weather conditions must be right to set the fenceposts into the ground. Currently, the fence is about 45% complete. Another commissioner commented that he drives past the site regularly and the petitioner’s clean-up efforts have made a huge improvement to the property. Mr. Szydlowski stated that his intention was never to sneak in a storage facility. He cleared out 4 or 5 abandoned vehicles and over 70 loads of debris. He removed dead and infected trees and planted at least 35 new ones. He installed security cameras and lighting for the 60-70 snow plows being stored on-site until they are staged on job sites. He didn’t know that what he did was not a positive thing. He plans on being there for a long time and is committed to be a responsible property owner. Since he is a landscape company, he hopes to use his property as a way to advertise his business to the public. There were no public comments submitted regarding this case. Recommendations and Voting A motion was made to accept staff’s recommendations including all conditions and timeframes as presented for a special use permit for outdoor storage in conjunction with BCLS Landscaping in an M2 Light Industry zoning district at 5550 Howard Street. Motion: S. Berman Second: J. Burman Ayes: 9 Nays: 0 The chairman welcomed Commissioner Keith Robinson to his 1st meeting and announced that this meeting was the last one for Commissioners Scott Berman and Dakshes Laxpati. The Commission thanked them for their devotion, time, and service to the Village of Skokie and wished them well. VOSDOCS-#588644-v1-Master_Plan_Commission_Report_for_2020- 12P__special_use_permit_for_outdoor_storage_at_5550_Howard 7 of 13 STAFF REPORT 2020-12P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, October 1, 2020 To: Paul Luke, Chairman, Skokie Plan Commission From: Steve Marciani, AICP, Planning Supervisor Re: 2020-12P: Special Use Permit General Information Location 5550 Howard Purpose To obtain a special use permit for outdoor storage in conjunction with BCLS Landscaping in an M2 Light Industry zoning district and any relief that may be discovered during the review of this case. PINs: 10-28-215-034-0000 and 10-28-215-035-0000 Petitioner Chicago Title Land Trust Company, a corporation of Illinois as trustee under the provisions of a certain trust agreement dated November 6, 2018, and known as Trust Number 8002379462 Size of Site 141,110 square feet (2.74 acres) with 302.4’ of frontage on Howard Street and 86.01’ of frontage on Parkside Avenue. Existing Zoning & M2 Light Industry – landscaping services Land Use Adjacent Zoning & North M1 Office Assembly Industry (R2 Single-Family) – vacant Land Use office building (proposed Arie Crown Day School) South M1 Office Assembly Industry – light industrial and office uses M Limited Manufacturing (Village of Niles) – multitenant industrial building) East M1 Office Assembly Industry – newly renovated office building West M1 Office Assembly Industry – primary metal manufacturing, landscaping service, special trades contractors Comprehensive Plan The site is designated as manufacturing/service employment. SITE INFORMATION  Overhead utilities are present in the Howard Street parkway adjacent to the site.  Public sidewalks are present along Howard Street and Parkside Avenue.  The site is served by the Pace 225 Central-Howard bus. VOSDOCS-#588644-v1-Master_Plan_Commission_Report_for_2020- 12P__special_use_permit_for_outdoor_storage_at_5550_Howard 8 of 13 STAFF ANALYSIS This case was originally prepared for the September 3, 2020. Staff had requested that the case be continued pending the resolution of certain items. After the writing of the original Staff Report for the September 3 hearing, the petitioner submitted a response letter to that report, which was provided to the Commissioners at that public hearing. This report reflects both the petitioner’s and Staff’s response. Petitioner’s Submittal The petitioner is requesting approval for a special use permit for outdoor storage for BCLS, Inc. and any relief discovered during the review of this case. The President of BCLS, Inc. submitted the following statement: Thank you for reviewing BCLS's application for special use outdoor storage at 5550 Howard St. Since BCLS purchased the property 18 months ago, we immediately started the clean up process. The property was previously vacant for some time. We removed over 70 semi loads of debris and waste resulting from the property being used for illegal dumping. BCLS informed all adjacent property owners that their abandoned vehicles and unsightly materials needed to be cleared from the property. BCLS removed all dead, diseased, and compromised trees (qty=215) and posted $9500.00 tree bond with the Village of Skokie. BCLS also cleared weeds and unwanted incidental vegetation from the property. We installed a planting area aligning Howard St. frontage with over twenty premium specimen 3 ½” trees. BCLS applied for and was granted a fence permit for the property. We have installed 300' of wrought iron fence on the Howard frontage and are continuing to completely fence in the property. (We are running behind with all the disruptions due to the current pandemic situation.) BCLS does occupy the on-site 5,500 sq. ft building. It is used primarily for storage of off- season equipment. We do have an office where our computer system and surveillance/security hardware are located. It is used for on-site tracking of equipment and material, monitoring of surveillance footage as well as other paperwork tasks. The parking lot for the building has been restriped and is utilized for those working in the office as it has from the previous owners for 56 years. BCLS will use said site to orderly store equipment, plants, and materials. The property is maintained on a weekly basis. BCLS patrols the property regularly and has preventatively treated area for mosquitos and rodents. BCLS is in no way negatively affected any business or esthetics of the area. In fact, we have been complimented regularly on how clean, neat, and aesthetically pleasing the area looks, especially compared to its prior condition. We will continue to plant trees and material to further improve the site. We take pride in the property and will adorn it in VOSDOCS-#588644-v1-Master_Plan_Commission_Report_for_2020- 12P__special_use_permit_for_outdoor_storage_at_5550_Howard 9 of 13  seasonal displays and lighting to make it an attractive addition to the Howard frontage of the Village of Skokie. Thank you for your consideration. Comments Staff review requests were sent to all pertinent departments. Staff comments on the subject case were received from the Forestry, Engineering, and Planning Divisions. All other departments had no comments. Forestry Division The Forestry Division notes that tree number 703 on the tree survey is dead in the field and needs to be removed. The other trees look good. Forestry would also like to thank the petitioner for saving as many trees as they did. Engineering Division As was stated in the petitioner’s preliminary plan reviews, at least 2 of the existing parking spaces south of the building are now in the public right-of-way following the dedication of land from the previous subdivision (2015-10P) and site plan approval (2015-12P). This portion of the existing parking area needs to be removed and restored to approved parkway landscaping. The easternmost Howard street curb cut should also be removed. An MWRD permit determination shall be obtained with respect to the work performed to date. All areas for required parking must be paved, drained, curbed, and landscaped to Village standards. The parking requirement for landscaping services is 1 space for each 1,500 ft2 of net building floor area, plus 1 parking space for each employee, plus 1 parking space for each vehicle owned, rented, or leased by the business. The number of required parking spaces for this use is then 6 plus 1 for each vehicle owned, renter or leased by the business. Planning Division Planning is supportive of the petitioner’s request and acknowledges that much of the site is an aesthetic improvement from the previously undeveloped site; however, the property is already being used for outdoor storage and has been since well before this petition and the current health crisis. Some of the existing site improvements were made without prior review by the Village. The completion of the fencing and the VOSDOCS-#588644-v1-Master_Plan_Commission_Report_for_2020- 12P__special_use_permit_for_outdoor_storage_at_5550_Howard 10 of 13 improvements required by the Engineering Division to the parking and driveway need to be made immediately. Staff is recommending enforceable timelines for required improvements be included in the conditions of the Special Use Permit ordinance. Since the first public hearing, it was determined that the PIN consolidation petition was received by Cook County, but they are behind in processing those requests. The petitioner did provide information on employment, but the number of vehicles owned, rented, or leased by the business associated with occupancy of 5550 Howard Street is still needed. Engineering has modified and reduced the scope of its requirements for the civil drawings; however, the fact that new buildings are not being constructed on the site does not negate the need to bring other portions of the site into conformance with the Village Code. The site is being used for outdoor storage, which was previously vacant woods and underbrush, is a clear intensification of the use that would require the requested improvements. APPEARANCE COMMISSION This petition does not need to be reviewed by the Appearance Commission. STAFF RECOMMENDATIONS Staff recommends that the petitioner’s request for a special use permit for outdoor storage at 5550 Howard Street be APPROVED based upon the Proposed Positive Findings of Fact and subject to the recommended and standard special use permit conditions, including the submission of items in Condition 1. RECOMMENDED SPECIAL USE CONDITIONS 1. Prior to the hearing of the subject case before the Board of Trustees, the petitioner must submit to the Planning Division a. A dimensioned and scaled plan showing the current conditions, the removal of parking spaces in the Howard Street right-of-way, and legal vehicle and bicycle parking spaces on approved surfaces for all required parking for the site, meeting all Village Codes. b. An updated landscape plan with the plants from the petitioners response letter dated September 1, 2020. 2. Within 60 days of the approval of this petition by the Village Board, the petitioner must: a. Resolve all outstanding citations issued for the property. VOSDOCS-#588644-v1-Master_Plan_Commission_Report_for_2020- 12P__special_use_permit_for_outdoor_storage_at_5550_Howard 11 of 13  b. Complete construction of the fencing and screening approved by this special use permit. 3. No landscaping materials shall be permitted to be stored within any driveway or required parking space at the subject site. STANDARD SPECIAL USE CONDITIONS 4. The petitioner shall develop the Subject Property in substantial conformance with the final Village approved site plan, dated <insert date of final approved plan> and landscape plan, dated <insert date of final approved plan>. 5. 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. (Standard) 6. Parking lot and exterior lighting shall meet IES standards, be full cut-off design, and directed away from adjacent properties, and subject to the approval of the Engineering Division. (Standard) 7. All required off-street parking spaces shall be legibly striped and maintained. (Standard) 8. The Subject Property must conform to the Village's Storm Water Control Ordinance as contained in the Skokie Village Code, including the disconnection of any downspouts. (Standard) 9. All modifications to building elevations, signage, and landscaping shall be subject to the review and approval of the Skokie Appearance Commission. (Standard) 10. The handicapped parking spaces shall be installed and maintained in compliance with State of Illinois Accessibility Standards and the Skokie Village Code. All handicapped parking spaces shall be included in the Village Handicapped Parking Space Maintenance Program. (Standard) 11. Vehicles shall not be allowed to be parked in or otherwise block driveways, sidewalks, aisles, or other points of access the lead to required parking at any time, shall always be parked in designated parking spaces, and shall not overlap the striped lines of designated parking spaces. All employees shall park on the Subject Property. (Standard) 12. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other objects that may impede travel. (Standard) 13. All landscaping shall be maintained to a maximum height of 30 inches for a distance of 15 feet from any vehicular access point or intersection in order to maintain adequate sight distance. (Standard) 14. 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 and watering, in accordance with the final approved landscape plan. A copy of said Agreement is attached hereto, VOSDOCS-#588644-v1-Master_Plan_Commission_Report_for_2020- 12P__special_use_permit_for_outdoor_storage_at_5550_Howard 12 of 13  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. All dead landscaping shall be replaced in a timely manner. (Standard) 15. The petitioner shall submit to the Planning Division electronic files of the Plat of Survey, Site Plan, and Landscape Plan in approved and finalized form. The files shall be scaled CADD 2D drawing files on non-compressed, non-read only, IBM formatted, CD-ROM .DWG AutoCAD format (version 2004). The drawings shall be formatted to SPCS, NAD83, HARN1997, with SPCS north being straight up, and the primary units in U.S. Survey Feet. All elements shall be contained within a single file, no XREF or PDF attachment files shall be used. (Standard) 16. Prior to the issuance of building permits, the petitioner shall submit to the Planning Division of the Community Development Department the name, address, and telephone number of the company and contact person responsible for site maintenance in compliance with the special use permit. (Standard) 17. 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 any and all claims for property damage or personal injury related to work on or use of public property. (Standard) 18. The petitioner shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. (Standard) 19. 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. (Standard) 20. The petitioner shall pay all costs related to any hearings conducted as a result of non-compliance with any of the provisions of the enabling ordinance. The costs shall include but not be limited to court reporter fees, attorney fees, and staff time required researching and conducting said hearing. (Standard) ATTACHMENTS 1. Proposed Positive Findings of Fact for 2020-12P 2. Letter Response from petitioner, dated September 1, 2020 3. Landscaping/site plan drawn on plat of survey dated May 17, 2018 4. Tree survey drawn on plat of survey dated May 17, 2018 5. Land Use and Zoning Map for 2020-12P VOSDOCS-#588644-v1-Master_Plan_Commission_Report_for_2020- 12P__special_use_permit_for_outdoor_storage_at_5550_Howard 13 of 13  A T N ST EET BCLS T NG E LL N S ST B C B LD NG DATE AP E S N AP E S N AP A D ST EET S E LL N SCALE D ENS N PLAN S ST B C B LD NG P P SED P P SED ASP ALT D E A PA NG SPACES PA NG B LLA DS PLANT LEGEND PC P B P B E AC GAS ETE PA P N S E ST NG P LLA N PA NG A A A B B B G T PLANTE ST P NG T T L E EAD L G T N B LD NG C PN A T PA PN P A P T C C C L D PE T S S CA C D B CA G S PC S B TTAL S CA ESE ED PA NG P P SED PA NG L T B DE PC NE E ST NG PA NG L T B DE PA NG S GNS P P SED PA NG L T B DE L L PC E ST NG PA NG L T B DE PC DED CATED P BL C ST EET PE D C N T SCALE SCALE PE T PLAN