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Board of Trustees

Regular Meeting

Skokie, IL · September 22, 2021

AgendaMinutes

Minutes

13483 MINUTES of a regular meeting of the Mayor and the Board of Trustees of the Village of Skokie, Cook County, Illinois held in the Council Chambers at 5127 Oakton Street at 8 p.m. on Wednesday September 22, 2021 With Skokie and the entire State of Illinois now in Phase 5 of the Restore Illinois plan and the lifting of restrictions on in-person gatherings, Skokie Village Board meetings are in-person in the Council Chambers at Skokie Village Hall, 5127 Oakton Street. Village Board meetings begin at 8 p.m. and will continue to be broadcast live on the Village’s YouTube channel as well as on SkokieVision cable television channels 17 (Comcast) and 25 (RCN). Meetings also are re-broadcast on the cable channels in the weeks following each meeting, and the videos are archived on the Village’s YouTube channel. As of August 30, 2021, all individuals in Illinois shall be required to wear masks when indoors including Village buildings. Public comments may still be submitted to publiccomments@skokie.org; comments received prior to the meeting or during the meeting will be provided to the Village Board and will not be read aloud. Public comments also can be mailed or hand-delivered to Skokie Village Hall, 5127 Oakton Street, Skokie, Illinois, 60077, Attention: Village Manager’s Office or placed in the exterior drop box on the west side of Skokie Village Hall. Each Village Board meeting agenda includes time for public comments, and individuals wishing to speak on an issue will be allocated three minutes to address the Village Board. Pledge of Allegiance led by Village Clerk Pramod C. Shah. Mayor Van Dusen called the meeting to order. The Clerk called the Roll. Those present were Trustees Sutker , Robinson, Khoeun, Johnson, Pure Slovin , Klein and Mayor Van Dusen Motion to approve the Consent Agenda. Mayor Van Dusen removed Item B and C on the Corporation Counsel’s report. Moved: Trustee Klein Seconded: Trustee Sutker Ayes: Sutker , Robinson, Khoeun, Johnson, Pure Slovin, Klein and Mayor Van Dusen Nays: None. Absent: None. MOTION CARRIED * Approve, as submitted, minutes of regular meeting held Wednesday, September 8, 2021. Omnibus vote. * Approve Voucher List #9-FY22 of September 22, 2021. Omnibus vote. Proclamations and Resolutions. A. Proclamation Domestic Violence Awareness Month – October 2021 Mayor Van Dusen read the Proclamation “Domestic Violence Awareness Month” and call upon the people of Skokie to raise awareness about the societal problem of domestic violence throughout our community and its devastating effects on families and communities. Rebecca Weininger, Director of Domestic Violence from North Suburban Legal Aid Clinic, Highland Park thanked the Village and accepted the award. 13484 Meeting of the Mayor and Board of Trustees Wednesday September 22, 2021 Page Two *B. Appointments Mayor Van Dusen introduced the members of the Commission. Economic Development Commission: Steve Franklin, Scott Gendell, Joseph Hermiz, Brian Levinson and Katie Bulgrin as Chair Omnibus vote. *C. Reappointments Economic Development Commission: Mark Battisa and Howard Meyer as Vice Chair Omnibus vote. *D. Resignations Economic Development Commission: David Jacobson, Brad Rosen, Edwin Vdovets and Shalom Klein as Chair Performing Arts Center Board: Steve Franklin Zoning Board of Appeals: Billy Haido Omnibus vote. Report of the Village Manager. A. Cook County Class 6b Real Estate Tax Incentive – 8120 Central Park Avenue. Resolution 21-9-R-1512 Motion to concur with staff’s recommendation and request Mayor and Board approval that 8120 Central Park is an excellent candidate for a Class 6b classification. Moved: Trustee Klein Seconded: Trustee Johnson Ayes: Sutker , Robinson, Khoeun, Johnson, Pure Slovin, Klein and Mayor Van Dusen Nays: None. Absent: None. MOTION CARRIED * B. Safe Routes to School – Resolution of Financial Commitment and Administration. Resolution 21-9-R-1513 Motion to proceed with approval of a Resolution of financial commitment to the project. Omnibus vote. * C. High Priority Street Patching Program 2021 – Builders Paving, Hillside, Illinois – $288,200. Motion to award a contract to Builders Paving, Hillside, IL in the amount of $288,200 for High Priority Street Patching Program 2021 Omnibus vote. * D. FY2021 Thermoplastic Pavement Marking Maintenance Contract – Superior Road Striping, Melrose Park, Illinois - $100,000. Motion to award a contract to Superior Road Striping, Melrose Park, Illinois in the amount of $100,000 for FY 2021 Thermoplastic Pavement Marking Maintenance Contract. Omnibus vote Report of the Corporation Counsel. CONSENT: *A. Ordinance 21-9-P-4566 Motion to adopt an ordinance authorizing the sale of 8114-8116 Lincoln Avenue (locally known As 8110 Lincoln Avenue), Skokie, Illinois. This item is on the consent agenda for second reading and adoption. The first reading was on September 8, 2021. On the original motion on September 8, 2021, Trustee Johnson abstained. Omnibus vote 13485 Meeting of the Mayor and Board of Trustees Wednesday September 22, 2021 Page Three B. Ordinance 21-9-C-4567 This was taken off the Consent Agenda. Motion to adopt an ordinance amending Chapter 26, Article VI, of the Skokie Village Code Pertaining to the sale and delivery of electronic cigarettes and flavored electronic cigarette products. This item is on the consent agenda for second reading and adoption. The first reading was on September 8, 2021. Mike Charley, Director of Health and Human Services and Dr. Bill Werner, Chairman of the Skokie Board of Health answered questions from the Trustees. Moved: Trustee Khoeun Seconded: Trustee Sutker Ayes: Sutker , Robinson, Khoeun, Johnson, Pure Slovin, Klein and Mayor Van Dusen Nays: None. Absent: None. MOTION CARRIED C. Ordinance 21-9-Z-4568 This Item was taken off the Consent Agenda. Motion to adopt an ordinance granting a special use permit to allow truck and freight Transportation services at 7539 Linder Avenue, Skokie, Illinois in an M1 Office Assembly district (2021-14P). This item is on the consent agenda for second reading and adoption. The first reading was on August 16, 2021. Trustee Johnson commented about issues with the Sustainability Plan, Climate goals, labor issues, traffic and greenhouse gases. Josh at 4927 Birchwood and Shira Hammann, 8921 Lincolnwood also spoke about the Amazon project. Moved: Trustee Klein Seconded: Trustee Sutker Ayes: Sutker , Robinson, Khoeun, Pure Slovin, Klein and Mayor Van Dusen Nays: Johnson. Absent: None. MOTION CARRIED FIRST READING: D. An ordinance correcting a scrivener’s error regarding the vacation of certain portions of an unopened and unimproved residential street and alley within an area bounded by Grove Street, East Prairie Road and Lake Street, in an R1 Single-Family district (2017-28P). 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. Motion to approve the 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.. Moved: Trustee Pure Slovin Seconded: Trustee Sutker Ayes: Sutker , Robinson, Khoeun, Johnson, Pure Slovin, Klein and Mayor Van Dusen Nays: None. Absent: None. MOTION CARRIED Plan Commission. A. Plan Commission Case 2021-15P – Zoning Map Amendment: 5050 Mulford Street. Motion to concur with the Plan Commission that the petitioner’s request to amend the zoning map to change the zoning district for 5050 Mulford from R2 Single Family to NX Neighborhood mixed-use be approved subject all conditions. Moved: Trustee Klein Seconded: Trustee Sutker Ayes: Sutker , Robinson, Khoeun, Johnson, Pure Slovin, Klein and Mayor Van Dusen Nays: None. Absent: None. MOTION CARRIED 13486 Meeting of the Mayor and Board of Trustees Wednesday September 22, 2021 Page Four B. Plan Commission Case 2021-16P – Alley Vacation: Alley adjacent to 7800 Lincoln Ave. Motion to concur with the Plan Commission that the petitioner’s request to vacate the alley between 5050 Mulford and 7800 Lincoln Avenue in an NX Neighborhood Commercial district be approved subject to all conditions. Moved: Trustee Johnson Seconded: Trustee Klein Ayes: Sutker , Robinson, Khoeun, Johnson, Pure Slovin, Klein and Mayor Van Dusen Nays: None. Absent: None. MOTION CARRIED C. Plan Commission Case 2021-17P – Special Use Permit: Wintrust Bank at 7800 Lincoln. Motion to concur with the Plan Commission for the request of Wintrust Bank /North Shore Community Bank & Trust for a special use permit in association with a parking expansion project that involves the vacation of an alley and rezoning of a residential property. The special use permit includes a new site plan accounting for the expanded parking area. Moved: Trustee Sutker Seconded: Trustee Klein Ayes: Sutker , Robinson, Khoeun, Johnson, Pure Slovin, Klein and Mayor Van Dusen Nays: None. Absent: None. MOTION CARRIED D. Plan Commission Case 2021-20P – Zoning Chapter Amendment: FAR Adjustments in the NX Zoning District and Other Related Amendments. Motion to concur with the Plan Commission that Chapter 118 Zoning of the Skokie Village Code pertaining to FAR adjustments in the NX Zoning District and other related amendments be amended. Moved: Trustee Klein Seconded: Trustee Sutker Ayes: Sutker , Robinson, Khoeun, Johnson, Pure Slovin, Klein and Mayor Van Dusen Nays: None. Absent: None. MOTION CARRIED E. Plan Commission Case 2021-21P – Zoning Map Amendment: 3320-3340 Dempster St. Motion to concur with the Plan Commission to amend the zoning map to change the zoning district for 3320-3340 Dempster Street from B2 Commercial to NX Neighborhood Mixed-Use be approved subject to all conditions. Moved: Trustee Klein Seconded: Trustee Khoeun Ayes: Sutker , Robinson, Khoeun, Johnson, Pure Slovin, Klein and Mayor Van Dusen Nays: None. Absent: None. MOTION CARRIED F. Plan Commission Case 2021-22P – Site Plan Approval: 3320-3340 Dempster St. Motion to concur with the Plan Commission that the petitioner’s request for site plan approval to construct a mixed-use commercial/residential development at 3320 to 3340 Dempster Street in an NX Neighborhood Mixed-use zoning district be approved subject to all conditions. Moved: Trustee Sutker Seconded: Trustee Johnson Ayes: Sutker , Robinson, Khoeun, Johnson, Pure Slovin, Klein and Mayor Van Dusen Nays: None. Absent: None. MOTION CARRIED 13487 Meeting of the Mayor and Board of Trustees Wednesday September 22, 2021 Page Five Public Comment. 14 comments were received and submitted to the Board. Adjournment. Motion to adjourn 9:25 p.m. Moved: Trustee Sutker Seconded: Trustee Klein Ayes: Sutker. Robinson, Khoeun, Johnson, Pure Slovin, Klein and Mayor Van Dusen Nays: None. Absent: None. MOTION CARRIED ------------------------------- Pramod Shah, Village Clerk Approved: ---------------------------------- Mayor Van Dusen Closed Session A Closed Session was held in the main floor conference room at 9:30p.m.. Those present were Mayor Van Dusen, Manager Lockerby, Assistant Manager Wyatt, Corporation Counsel Lorge, Assistant Corporation Counsel McCarthy, Clerk Shah, Trustees Sutker, Robinson, Khoeun,, Johnson, Pure Slovin, and Klein. Also present was Risk Manager Prottsman. The meeting ended at 9:58 p.m. _______________________ 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. 13488 Meeting of the Mayor and Board of Trustees Wednesday September 22, 2021 Page Six

Agenda

WEDNESDAY, SEPTEMBER 22, 2021 – 8:00 P.M. With Skokie and the entire State of Illinois now in Phase 5 of the Restore Illinois plan and the lifting of restrictions on in-person gatherings, Skokie Village Board meetings are in- person in the Council Chambers at Skokie Village Hall, 5127 Oakton Street. Village Board meetings begin at 8 p.m. and will continue to be broadcast live on the Village’s YouTube channel as well as on SkokieVision cable television channels 17 (Comcast) and 25 (RCN). Meetings also are re-broadcast on the cable channels in the weeks following each meeting, and the videos are archived on the Village’s YouTube channel. As of August 30, 2021, all individuals in Illinois shall be required to wear masks when indoors including Village buildings. Public comments may still be submitted to publiccomments@skokie.org; comments received prior to the meeting or during the meeting will be provided to the Village Board and will not be read aloud. Public comments also can be mailed or hand-delivered to Skokie Village Hall, 5127 Oakton Street, Skokie, Illinois, 60077, Attention: Village Manager’s Office or placed in the exterior drop box on the west side of Skokie Village Hall. Each Village Board meeting agenda includes time for public comments, and individuals wishing to speak on an issue will be allocated three minutes to address the Village Board. 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 Wednesday, September 8, 2021. **go to** * 5. Approve Voucher List #9-FY22 of September 22, 2021. **go to** 6. Proclamations and Resolutions. A. Proclamation Domestic Violence Awareness Month – October 2021 **go to** * B. Appointments Economic Development Commission: Steve Franklin, Scott Gendell, Joseph Hermiz, Brian Levinson and Katie Bulgrin as Chair * C. Reappointments Economic Development Commission: Mark Battisa and Howard Meyer as Vice Chair * D. Resignations Economic Development Commission: David Jacobson, Brad Rosen, Edwin Vdovets and Shalom Klein as Chair Performing Arts Center Board: Steve Franklin Zoning Board of Appeals: Billy Haido 7. Recognition, Awards and Honorary Presentations. 8. Appointments, Reappointments and Resignations. 9. Presentations and Reports. 10. Report of the Village Manager. **go to** A. Cook County Class 6b Real Estate Tax Incentive – 8120 Central Park Avenue. **go to A** * B. Safe Routes to School – Resolution of Financial Commitment and Administration. **go to B** #591309 * C. High Priority Street Patching Program 2021 – Builders Paving, Hillside, Illinois - **go to C** $288,200. * D. F2021 Thermoplastic Pavement Marking Maintenance Contract – Superior Road **go to D** Striping, Melrose Park, Illinois - $100,000. 11. Report of the Corporation Counsel. **go to** CONSENT: * A. An ordinance authorizing the sale of 8114-8116 Lincoln Avenue (locally known as **go to A** 8110 Lincoln Avenue), Skokie, Illinois. This item is on the consent agenda for second reading and adoption. The first reading was on September 8, 2021. * B. An ordinance amending Chapter 26, Article VI, of the Skokie Village Code pertaining **go to B** to the sale and delivery of electronic cigarettes and flavored electronic cigarette products. This item is on the consent agenda for second reading and adoption. The first reading was on September 8, 2021. * C. An ordinance granting a special use permit to allow truck and freight transportation **go to C** services at 7539 Linder Avenue, Skokie, Illinois in an M1 Office Assembly district (2021-14P). This item is on the consent agenda for second reading and adoption. The first reading was on August 16, 2021. FIRST READING: D. An ordinance correcting a scrivener’s error regarding the vacation of certain portions **go to D** of an unopened and unimproved residential street and alley within an area bounded by Grove Street, East Prairie Road and Lake Street, in an R1 Single-Family district (2017-28P). 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 2021-15P – Zoning Map Amendment: 5050 Mulford Street. **go to 15P** B. Plan Commission Case 2021-16P – Alley Vacation: Alley adjacent to 7800 Lincoln Ave. **go to 16P** C. Plan Commission Case 2021-17P – Special Use Permit: Wintrust Bank at 7800 Lincoln. **go to 17P** D. Plan Commission Case 2021-20P – Zoning Chapter Amendment: FAR Adjustments in **go to 20P** the NX Zoning District and Other Related Amendments. E. Plan Commission Case 2021-21P – Zoning Map Amendment: 3320-3340 Dempster St. **go to 21P** F. Plan Commission Case 2021-22P – Site Plan Approval: 3320-3340 Dempster St. **go to 22P** 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. #591309 Return to Agenda Return to Agenda Return to Agenda Return to Agenda Return to Agenda Return to Agenda Return to Agenda Return to Agenda Return to Agenda Return to Agenda Return to Agenda Return to Agenda Return to Agenda Return to Agenda Return to Agenda Return to Agenda Return to Agenda Return to Mgr Rpt A Return to Mgr Rpt Return to Mgr Rpt Return to Mgr Rpt Return to Mgr Rpt Return to Mgr Rpt Return to Mgr Rpt Return to Mgr Rpt Return to Mgr Rpt Return to Mgr Rpt Return to Mgr Rpt Return to Mgr Rpt Return to Mgr Rpt Return to Mgr Rpt Return to Mgr Rpt Return to Mgr Rpt Return to Mgr Rpt Return to Mgr Rpt Return to Mgr Rpt Return to Mgr Rpt Return to Mgr Rpt Return to Mgr Rpt Return to Mgr Rpt Return to Mgr Rpt Return to Mgr Rpt Return to Mgr Rpt Return to Mgr Rpt MML: 9/22/21 Manager’s Report THIS RESOLUTION MAY BE CITED AS VILLAGE RESOLUTION NUMBER 21-9-R- A RESOLUTION FOR CLASS 6(b) REAL ESTATE TAX INCENTIVE FOR THE REAL PROPERTY LOCATED AT 8120 CENTRAL PARK AVENUE IN THE VILLAGE OF SKOKIE, ILLINOIS, PURSUANT TO THE COOK COUNTY REAL PROPERTY CLASSIFICATION ORDINANCE 1 WHEREAS, the Village of Skokie (hereinafter “Skokie”), a home rule municipality 2 situated in Cook County, State of Illinois, is a duly organized and existing village created under 3 the provisions of the laws of the State of Illinois, and is now operating under the provisions of 4 the Illinois Municipal Code and the Constitution of the State of Illinois; and 5 6 WHEREAS, the Mayor and Board of Trustees constitute the duly elected qualified and 7 acting officials of Skokie; and 8 9 WHEREAS, the Cook County Board of Commissioners has amended the Cook County 10 Real Property Classification Ordinance (hereinafter “County Ordinance”), to provide real estate 11 tax incentives to property owners who build, rehabilitate, enhance and occupy unoccupied 12 property which is located within Cook County and which is used for industrial purposes; and 13 14 WHEREAS, Skokie, consistent with the County Ordinance, desires to induce industry to 15 locate and expand in Skokie by supporting financial incentives in the form of property tax relief 16 offered by the County; and 17 18 WHEREAS, Class 6(b) of the County Ordinance requires that the municipality, in which 19 real estate proposed for Class 6(b) tax relief is located, determines that Class 6(b) real estate 20 tax relief is appropriate and approves a resolution supporting incentive abatement; and 21 22 WHEREAS, Aarya Properties, Inc. (hereinafter “Applicant”), has purchased a vacant 23 14,533 square foot building located on an approximately 23,087 square foot site at 8120 Central 24 Park Avenue, Skokie, Illinois (hereinafter “Subject Property”), and plans to undertake 25 redevelopment of the existing industrial building on the Subject Property to enable it to be used 26 primarily for pharmaceutical manufacturing, warehousing and/or distribution purposes; and 27 28 WHEREAS, the existing building on the Subject Property will have a total usable area of 29 approximately 14,533 square feet once it has been redeveloped, and it is anticipated that the 30 entire property will be eligible for Class 6(b) tax relief pursuant to the County Ordinance; and 31 32 WHEREAS, the Applicant intends to file with the Office of the Assessor of Cook County 33 an Eligibility Application for Class 6(b) classification based on reutilization of the abandoned 34 industrial building; and 35 36 WHEREAS, the granting of Class 6(b) tax incentives for the Subject Property is 37 necessary for the reutilization of the Subject Property and will benefit Skokie through increased Page 1 of 2 Doc. # 591482, Resolution, Class 6(b) Real Estate Tax Incentive, 8120 Central Park Avenue Return to Mgr Rpt 1 employment, both temporary and permanent, and through significant new revenues in the form 2 of additional real estate taxes and other tax revenues; and 3 4 WHEREAS, the Applicant has stated that to make the project viable, including the 5 purchase cost and redevelopment cost, tax relief under the County Ordinance is necessary to 6 realize the long term benefits to Skokie; and 7 8 WHEREAS, the Applicant has purchased the Subject Property for value, will engage in 9 substantial redevelopment and occupy the Subject Property; and 10 11 NOW THEREFORE, BE IT RESOLVED by the Mayor and the Board of Trustees of the 12 Village of Skokie, County of Cook, State of Illinois: 13 14 Section 1: The above stated Recitals are hereby restated and incorporated as if fully 15 set forth herein. 16 17 Section 2: The Subject Property is vacant and appropriate for Class 6(b) tax relief 18 pursuant to the County Ordinance special circumstances provisions. 19 20 Section 3: The Mayor and Board of Trustees determine that the incentives provided 21 by the Class 6(b) real property classification are applicable to the Subject Property and 22 necessary for the reutilization of an abandoned building on the Subject Property. 23 24 Section 4: Pursuant to the County Ordinance, Skokie hereby approves, consents 25 and supports the filing of the Class 6(b) application for the classification of the entire value of the 26 Subject Property and determines that Class 6(b) tax relief shall apply to the entire value of the 27 Subject Property identified by the affected Permanent Index Number 10-23-325-040-0000. 28 29 Section 5: The Clerk of the Village of Skokie is authorized to and shall send a 30 certified copy of this Resolution to the Office of the Cook County Assessor, Room 312, County 31 Building, Chicago, Illinois 60602. 32 33 Section 6: This resolution shall be effective immediately upon its passage and 34 approval, or as otherwise provided by law. 35 PASSED this day of September, 2021. 36 37 Ayes: ____________________________________ 38 Village Clerk 39 Nays: 40 Absent: 41 Approved by me this day of 42 Attest: September, 2021. 43 44 45 ___ 46 Village Clerk Mayor, Village of Skokie 47 Page 2 of 2 Doc. # 591482, Resolution, Class 6(b) Real Estate Tax Incentive, 8120 Central Park Avenue Return to Mgr Rpt B Return to Mgr Rpt Return to Mgr Rpt MML: 9/22/21 Manager’s Report THIS RESOLUTION MAY BE CITED AS VILLAGE RESOLUTION NUMBER 21-9-R- A RESOLUTION OF FINANCIAL COMMITMENT FOR THE CONSTRUCTION OF A MULTI-USE PATH ON THE SOUTH SIDE OF OAKTON STREET FROM GROSS POINT ROAD TO WEST OF CALDWELL AVENUE 1 WHEREAS, the Village of Skokie in conjunction with the Villages of Morton Grove and 2 Niles (hereinafter collectively “Villages”) have been working to improve pedestrian access along 3 Oakton Street which connects these communities; and 4 WHEREAS, access and safety will greatly be improved with the planned Multi-Use Path 5 (hereinafter “Path”) which will be constructed, in part, along Oakton Street from Gross Point 6 Road to the west side of Caldwell Avenue. The effected portion of Oakton Street in Skokie 7 begins at Gross Point Road and follows Oakton Street to west of Caldwell Avenue in Morton 8 Grove; and 9 WHEREAS, funds for the Path have been allocated from several sources. The Villages 10 received a grant from Cook County to fund the majority of the preliminary and design 11 engineering associated with this portion of the Path. Preliminary engineering is almost 12 complete, but additional funding is required for land acquisition and construction of the path at 13 the Metra railroad crossing; and 14 WHEREAS, in conjunction with School District 69, Skokie intends to apply for the 15 maximum grant of $200,000 in funds from the Illinois Safe Routes to School Program for 16 construction of the Path. While District 69 is located in Morton Grove, the Path to the school will 17 utilize sidewalks located in Skokie; and 18 WHEREAS, as part of the grant application process Illinois Safe Routes to School 19 Program requires a financial commitment on the part of the applicants; and 20 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the 21 Village of Skokie, Cook County, Illinois, that the Village of Skokie is financially committed to the 22 Path and for various projects associated with the Path. 23 PASSED this day of September, 2021. 24 25 Ayes: 26 Nays: Village Clerk 27 Absent: 28 Approved by me this day of 29 Attest: September, 2021. 30 31 32 33 Village Clerk Mayor, Village of Skokie Page 1 of 1 VOSDOCS-#591508, Resolution, Financial Commitment, Multi-Use Path, Oakton between Gross Point to west of Caldwell Ave. Return to Mgr Rpt C Return to Mgr Rpt Return to Mgr Rpt Return to Mgr Rpt D Return to Mgr Rpt Return to Mgr Rpt Return to Agenda Return to Agenda Return to Corp Rpt MML: 9/8/21 1st Reading (Manager’s Report) A *9/22/21 LAND DISPOSITION THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 21-9-P- AN ORDINANCE AUTHORIZING THE SALE OF 8114-8116 LINCOLN AVENUE (LOCALLY KNOWN AS 8110 LINCOLN AVENUE) SKOKIE, ILLINOIS 1 WHEREAS, the Village of Skokie (hereinafter the “Village”) is a home rule 2 municipality in accordance with the Constitution of the State of Illinois (1970); and 3 4 WHEREAS, as a home rule municipality, the Village has the authority to adopt 5 ordinances pertaining to its government and affairs, the declaration of surplus property, 6 the disposition of property and the protection of the public health, safety, and welfare of 7 its citizens; and 8 9 WHEREAS, the Village is the owner of the following described real property: 10 11 PARCEL 1: 12 THE SOUTH 44 FEET OF LOT 320 (EXCEPT THE WEST 138 FEET THEREOF) IN 13 PETER BLAMEUSER’S SUBDIVISION OF THE SOUTH 105 ACRES OF THE 14 SOUTHEAST ¼ OF SECTION 21, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE 15 THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. 16 17 PARCEL 2: 18 LOT 1 (EXCEPT THE WEST 105.0 FEET THEREOF) IN SUBDIVISION OF LOT 31 IN 19 THE SUBDIVISION OF THE SOUTH 105 ACRES OF THE SOUTHEAST ¼ OF 20 SECTION 21, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL 21 MERIDIAN, IN COOK COUNTY, ILLINOIS. 22 23 PINS: 10-21-409-024-0000, 10-21-409-025-0000 24 25 commonly now known as 8114-8116 Lincoln Avenue, Skokie, Illinois by the Cook 26 County Assessor and locally as 8110 Lincoln Avenue, Skokie, Illinois (hereinafter 27 “Subject Property”); and 28 WHEREAS, the Village purchased this real estate in 2009 with the intention of 29 selling it for development. With that intent, the building was razed, and it has been 30 vacant for over 10 years. After the purchase of the Subject Property, the Cook County 31 Assessor revised the PINS and address, evidently due to several subdivisions in the 32 area and abutting the Subject Property; and Page 1 of 10 VOSDOCS-#591089-v1-Ordinance__Land_Disposition__Sale_of_8114-8116_Lincoln__(formerly_8110_Lincoln) Return to Corp Rpt 1 WHEREAS, over the years as development projects like Streetscape, small 2 houses and the Luxury on Lincoln Townhouses (hereinafter “Townhouses”) on Floral 3 Avenue and Lincoln Avenue came to fruition, the Village was looking for the right fit for 4 the Subject Property; and 5 WHEREAS, after another developer who showed interest and was in 6 negotiations with the Village for an extended period of time fell through, Nea Maya 7 Development, who developed the Townhouses, began talks with the Village in earnest 8 for the Subject Property in 2017; and 9 WHEREAS, Nea Maya’s proposal for a four-story mixed-use development with 10 approximately 2,268 square feet of ground floor commercial space, 18 upper story 11 residential units, and 19 parking spaces has been approved by both the Village 12 Appearance Commission and the Plan Commission in 2019. The Developer will also 13 contribute $60,000 toward the Downtown Parking Fund, because of a four parking- 14 space deficiency; and 15 WHEREAS, a copy of the Real Estate Sale Contract (hereinafter “Contract”) with 16 8110 Lincoln Ltd is attached hereto as Exhibit “1” for the purchase of the Subject Property 17 “AS IS” for $292,000; and 18 WHEREAS, at a meeting duly held on September 8, 2021, the Village Manager 19 recommended to the Mayor and Board of Trustees that the Subject Property be sold to 20 8110 Lincoln LLC pursuant to the Contract, or as it may be revised or amended subject to 21 the approval of the Village Manager and Corporation Counsel; and 22 WHEREAS, the Mayor and Board of Trustees concurred in the aforesaid 23 recommendation; 24 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of 25 the Village of Skokie, Cook County, Illinois: 26 Section 1: That the foregoing recitals are material to this Ordinance and are 27 hereby incorporated and restated as though they were fully set forth in their entirety in this 28 Section. 29 Section 2: That pursuant to its home rule authority and applicable statutes, the 30 Mayor and Board of Trustees of the Village of Skokie hereby find that it is no longer 31 necessary, appropriate, or in the best interest of the Village of Skokie that it retain the real 32 property, legally described above, and commonly known as 8114-8116 Lincoln Avenue, 33 Skokie, Illinois by the Cook County Assessor’s Office and locally as 8110 Lincoln 34 Avenue, Skokie, Illinois, and that the sale shall proceed according to the Contract 35 between 8110 Lincoln LLC and the Village, a copy of which is attached hereto as Exhibit 36 “1”. 37 Section 3: That the Contract is hereby approved, subject to any revisions or 38 amendments approved by the Village Manager and the Corporation Counsel. Page 2 of 10 VOSDOCS-#591089-v1-Ordinance__Land_Disposition__Sale_of_8114-8116_Lincoln__(formerly_8110_Lincoln) Return to Corp Rpt 1 Section 4: That the Village Manager is hereby authorized to execute the 2 Contract and is directed to proceed with the sale of the Subject Property. 3 Section 5: That this Ordinance shall be in full force and effect from and after its 4 passage, approval and publication in pamphlet form and in the Skokie Review on October 5 ______ and _____ as provided by law. 6 ADOPTED this day of September, 2021. Ayes: Village Clerk Nays: Absent: Approved by me this day of Attested and filed in my office September, 2021. this day of September, 2021; and published in the Skokie Review according to law on October _____, 2021 and October_____, 2021. Mayor, Village of Skokie Village Clerk Page 3 of 10 VOSDOCS-#591089-v1-Ordinance__Land_Disposition__Sale_of_8114-8116_Lincoln__(formerly_8110_Lincoln) Return to Corp Rpt Exhibit 1 Page 4 of 10 VOSDOCS-#591089-v1-Ordinance__Land_Disposition__Sale_of_8114-8116_Lincoln__(formerly_8110_Lincoln) Return to Corp Rpt Page 5 of 10 VOSDOCS-#591089-v1-Ordinance__Land_Disposition__Sale_of_8114-8116_Lincoln__(formerly_8110_Lincoln) Return to Corp Rpt Page 6 of 10 VOSDOCS-#591089-v1-Ordinance__Land_Disposition__Sale_of_8114-8116_Lincoln__(formerly_8110_Lincoln) Return to Corp Rpt Page 7 of 10 VOSDOCS-#591089-v1-Ordinance__Land_Disposition__Sale_of_8114-8116_Lincoln__(formerly_8110_Lincoln) Return to Corp Rpt Page 8 of 10 VOSDOCS-#591089-v1-Ordinance__Land_Disposition__Sale_of_8114-8116_Lincoln__(formerly_8110_Lincoln) Return to Corp Rpt Page 9 of 10 VOSDOCS-#591089-v1-Ordinance__Land_Disposition__Sale_of_8114-8116_Lincoln__(formerly_8110_Lincoln) Return to Corp Rpt Page 10 of 10 VOSDOCS-#591089-v1-Ordinance__Land_Disposition__Sale_of_8114-8116_Lincoln__(formerly_8110_Lincoln) Return to Corp Rpt B MML: 9/8/21 Manager’s Report *9/22/21 THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 21-9-C- AN ORDINANCE AMENDING CHAPTER 26, ARTICLE VI, OF THE SKOKIE VILLAGE CODE PERTAINING TO THE SALE AND DELIVERY OF ELECTRONIC CIGARETTES AND FLAVORED ELECTRONIC CIGARETTE PRODUCTS 1 WHEREAS, the Village of Skokie (hereinafter “Skokie”) as a home rule unit of local 2 government as provided by Article VII, Section 6 of the Illinois Constitution of 1970, has the 3 authority to exercise any power and perform any function pertaining to its government and 4 affairs except as limited by Article VII, Section 6 of the Illinois Constitution of 1970; and 5 6 WHEREAS, pursuant to Skokie’s home rule authority, Skokie may regulate cigarette 7 and tobacco dealers within Skokie including the sale of tobacco and flavored tobacco 8 products; and 9 10 WHEREAS, Skokie further has the authority to regulate the sale of electronic 11 cigarette flavored products pursuant to its statutory police powers, which are codified in the 12 applicable provisions of the Illinois Municipal Code, including, but not limited to, Divisions 1- 13 2, 11-1, 11-20 and 11-42 thereof (65 ILCS 5/1-2, 5/11-1, 5/11-20 and 5/11-42); and 14 15 WHEREAS, Chapter 26, Article VI, of the Skokie Village Code provides for the 16 prohibition of sales of certain tobacco products; and 17 WHEREAS, on October 12, 2020, the Skokie Board of Health submitted a letter to 18 the Mayor urging the Village Board to halt the sale of flavored e-cigarettes (otherwise known 19 as “vaping”) and flavored e-liquids (hereinafter collectively “flavored electronic cigarette 20 products”); and 21 22 WHEREAS, according to the Centers for Disease Control and Prevention, the use of 23 e-cigarettes is unsafe for children and young adults. Most e-cigarettes contain harmful 24 substances including nicotine, which is highly addictive and can harm brain development 25 through a person’s mid-20s; and 26 27 WHEREAS, e-cigarettes are being marketed to children using the same tactics that 28 have been used in the past to market tobacco products to children, with 69.3% of middle 29 school and high school students reported having seen e-cigarette advertising in 2016. 30 31 WHEREAS, a 2020 Illinois Youth Survey reported high usage of e-cigarettes 32 amongst Suburban Cook County Community youth, with 14% of 12th graders, 11% of 10th 33 graders, and 5% of 8th graders having “vaped” within the previous 30 days; and 34 Document Number: 588668 Version: 1 Page 1 of 3 VOSDOCS-#588668-v1-Ordinance__Code_Amendment__Chapter_26__Flavored_Electronic_Cigarette_Products Return to Corp Rpt 1 WHEREAS, flavored e-cigarettes are specifically marketed to youth, with enticing 2 offerings mimicking the flavors of an exhaustive variety of fruits and candies. In 2020, 3 82.9% of youth using e-cigarettes reported using flavored e-cigarette products; and 4 5 WHEREAS, according to a Surgeon General’s report, nicotine exposure during 6 adolescence can cause addiction and can harm the developing adolescent brain, and e- 7 cigarettes can also expose users to carbonyl compounds, solvents and toxicants; and 8 9 WHEREAS, on January 2, 2020, the U.S. Food and Drug Administration (hereinafter 10 “FDA”) finalized an enforcement policy that prohibits the sale of prefilled, flavored e- 11 cigarette cartridges and is continuing to take further steps to curtail the sale of flavored e- 12 cigarettes; and 13 14 WHEREAS, in the interest of promoting the health, safety and welfare of Skokie 15 residents and as Skokie did in an earlier legislation by raising the age of smoking, it is 16 necessary and desirable to prohibit the sale of flavored electronic cigarette products as set 17 forth herein; and 18 19 WHEREAS, the Skokie Board of Health and the Village Manager recommended to the 20 Mayor and Board of Trustees that Chapter 26, Article IV, Sections 26-275, 26-278 and 26- 21 279, of the Skokie Village Code be amended accordingly; and 22 WHEREAS, the Mayor and Board of Trustees at a public meeting duly held on 23 September 8, 2021, concurred in the aforesaid recommendation of the Skokie Board of 24 Health and Village Manager; and 25 NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Board of Trustees of the 26 Village of Skokie, Cook County, Illinois; 27 Section 1: That Chapter 26, Article VI, Sections 26-275, 26-278 and 26-279, of the 28 Skokie Village Code be and the same are hereby amended in the manner hereinafter 29 indicated. The new material is highlighted in bold and the material to be deleted is 30 highlighted and stricken through. 31 ARTICLE VI. CIGARETTE AND TOBACCO SALES 32 DIVISION 1. GENERALLY 33 … 34 Sec. 26-275. Prohibited Sales: Flavored Electronic Cigarette Products; Vending 35 machines and self-service sales. 36 (a) It shall be unlawful for any person, including any licensee, to sell, offer for 37 sale, give away or deliver flavored electronic cigarette products including flavored e- 38 liquid that contain a component that imparts a characterizing flavor that contain 39 nicotine in liquid, non-leaf form. The term “characterizing flavor” means a 40 distinguishable taste or aroma other than the taste or aroma associated with non- 41 flavored electronic cigarette products imparted either prior to or during consumption 42 of the electronic cigarette product including but not limited to tastes or aromas of mint, Document Number: 588668 Version: 1 Page 2 of 3 VOSDOCS-#588668-v1-Ordinance__Code_Amendment__Chapter_26__Flavored_Electronic_Cigarette_Products Return to Corp Rpt 1 wintergreen, chocolate, vanilla, honey, cocoa, candy, any dessert, any alcoholic 2 beverage, any fruit, any herb or any spice. 3 (b) It shall be unlawful for any person to operate or maintain a vending machine or 4 self-service display for the sale or dispensing of tobacco, or cigarette products, cigarette or 5 electronic cigarette products. Self-service display means open displays of tobacco or 6 cigarette products and point of sale tobacco or cigarette promotional products that the public 7 has access to without the intervention or assistance of a store employee. 8 … 9 Sec. 26-278. Distribution of single products. 10 No cigarette or tobacco products, or cigarette products, cigarette or electronic 11 cigarette products licensee or any officer, associate, member, representative, agent or 12 employee of such licensee shall sell, give or deliver cigarette or tobacco products in any form 13 other than an original factory-wrapped package. 14 Sec. 26-279. Distribution of free products or coupons. 15 No person shall give away, barter, exchange, distribute or in any way dispense free 16 of charge or at nominal cost any cigarette or tobacco products, or cigarette products, 17 cigarette or electronic cigarette products, samples, and/or coupon redeemable for any 18 tobacco products on any public street, alley, or sidewalk or in any public park, ground or 19 playground. This section does not prohibit the distribution of coupons included in newspapers, 20 magazines or other publications. 21 Section 2: That this Ordinance shall be in full force and effect 30 days from and 22 after its passage, approval and publication in pamphlet form as provided by law. 23 ADOPTED this day of September, 2021. Ayes: Village Clerk Nays: Absent: Approved by me this day of Attested and filed in my office September, 2021. this day of September, 2021; and published in pamphlet form according to law from September , 2021 to September , 2021. Mayor, Village of Skokie Village Clerk 24 Document Number: 588668 Version: 1 Page 3 of 3 VOSDOCS-#588668-v1-Ordinance__Code_Amendment__Chapter_26__Flavored_Electronic_Cigarette_Products Return to Corp Rpt C MML: *9/22/21 PC: 2021-14P SUP: 586.01 THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 21-9-Z- AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW TRUCK AND FREIGHT TRANSPORTATION SERVICES AT 7539 LINDER AVENUE, SKOKIE, ILLINOIS IN AN M1 OFFICE ASSEMBLY DISTRICT 1 WHEREAS, the owner of the following described real property: 2 LOT 1 IN LINDER SUBDIVISION, BEING A SUBDIVISION IN THE SOUTHWEST 3 QUARTER OF SECTION 28, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD 4 PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. 5 PIN: 10-28-305-024-0000 6 more commonly described as 7939 Linder Avenue, Skokie (formerly commonly known as 7 7515-7555 Linder Avenue and 7520 Long Avenue, Skokie, Illinois) (hereinafter “Subject 8 Property”), petitioned the Village of Skokie, on behalf of Amazon.com Services, LLC, for a 9 special use permit to allow truck and freight transportation services in an M1 Office 10 Assembly district; and 11 WHEREAS, Amazon.com Services, LLC in only one of several tenants in the building. 12 All share the common address of 7939 Linder Avenue, Skokie. The portion of the building 13 occupied by Amazon.com Services, LLC will house a package distribution facility; and 14 WHEREAS, the package delivery service will be utilized and coordinated by Amazon, 15 using drivers who are not employees of Amazon. These drivers will be using their own 16 vehicles to deliver packages in a specific geographical area; and 17 WHEREAS, the facility will be smaller in scale than a typical Amazon operation, with 18 six (6) semi docks for delivery and pick-up only. The site will not be used for fleet storage. It is 19 anticipated that this will be a 24-hours a day, seven (7) days a week operation, with peak 20 delivery periods in the early morning and at night; and 21 WHEREAS, the Subject Property meets the off-street parking requirement with 209 22 parking spaces provided for the 67 drivers and the 140 employees who will work in the facility; 23 and 24 WHEREAS, the Skokie Plan Commission, at a public hearing duly held on June 3, 25 2021, for which proper legal notice had been achieved and no interested parties appeared, (a) 26 made the appropriate findings of fact as required under Section 118-6(f) of the Skokie Village 27 Code and (b) voted to recommend to the Mayor and Board of Trustees that the requested 28 special use permit be granted subject to the conditions contained in the Plan Commission 29 Report dated August 16, 2021; and Page 1 of 4 VOSDOCS-#591463-v1-Ordinance__2021- 14P__Special_Use__Truck_&_Freight_Transportation_Services__7539_Linder_Ave___Amazon Return to Corp Rpt 1 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on June 3, 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 truck and 7 freight transportation services at the Subject Property, described above and commonly known 8 as 7539 Linder Avenue, Skokie, Illinois, in an M1 Office Assembly district be and the same is 9 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 dated June 29, 2021; 12 2. The stopping or standing of any vehicle associated with the operation of the 13 facility in the public right-of-way must not prohibit two-way movement, block 14 driveways, or limit the ability of other vehicles to maneuver into neighboring 15 properties; 16 3. The applicant should provide a Traffic Signal Warrant Study by no later than 17 September 30, 2021, and if such study finds that a traffic signal is warranted, 18 and Village agrees to such improvements, Amazon should be responsible for 19 the costs of new signal and any other associated improvements, which must 20 be installed no later than one-year from the date the Village Board approves 21 this ordinance; 22 4. All existing damaged public sidewalks or public sidewalks damaged due to the 23 implementation of this plan shall be replaced; 24 5. No objects are allowed within a 15' sight distance triangle, between 30" and 25 84" in height from grade except traffic control devices listed in the Manual on 26 Uniform Traffic Control Devices; 27 6. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, 28 signage, landscaping, structures, and any other facilities or infrastructure on 29 the Subject Property shall be maintained in a good state of repair, and when 30 needed, be repaired or replaced in a timely manner; 31 7. All private and public sidewalks shall be maintained free of snow, ice, sleet, or 32 other objects that may impede travel; 33 8. Trash shall only be allowed within a designated trash enclosure and shall be 34 screened from public view in an enclosure approved by the Appearance 35 Commission. All trash shall be contained in such a way as to remain out of 36 sight at all times; 37 9. All off-street parking spaces shall be legibly striped and maintained; 38 10. Any plan to modify parking lot striping must be approved by the Director of 39 Engineering; 40 11. The handicapped parking spaces shall be installed and maintained in 41 compliance with State of Illinois Accessibility Standards and the Skokie Village Page 2 of 4 VOSDOCS-#591463-v1-Ordinance__2021- 14P__Special_Use__Truck_&_Freight_Transportation_Services__7539_Linder_Ave___Amazon Return to Corp Rpt 1 Code, including required signage; 2 12. Vehicles shall not be allowed to be parked in or otherwise block common 3 driveways, sidewalks, aisles, or other points of access at any time, shall only 4 be parked in designated parking spaces, and shall not overlap the striped lines 5 of designated parking spaces; 6 13. The owner of the Subject Property shall ensure that employees park on the 7 Subject Property; 8 14. No required parking space on the site may be for the exclusive use of any 9 tenant; 10 15. All overhead utilities on the Subject Property or in adjacent right-of-way shall 11 be placed or relocated underground. The petitioner shall bear the full cost of 12 any utility relocation and/or conflicts; 13 16. The petitioner shall obtain all required permits and approvals for 14 improvements to County, State, or Federal rights-of-way from the governing 15 jurisdiction; 16 17. The Subject Property must conform to the Village's storm water control 17 requirements as contained in the Skokie Village Code, including the 18 disconnection of any downspouts; 19 18. All signage shall conform to the Skokie Village Code; 20 19. All modifications to building elevations, signage, and landscaping shall be 21 subject to the review and approval of the Skokie Appearance Commission; 22 20. The petitioner shall submit to the Planning Division electronic files of the site 23 plan and landscape plan in their approved and finalized form; 24 21. Prior to the issuance of building permits, the petitioner shall submit to the 25 Planning Division of the Community Development Department the name, 26 property address, email address, and telephone number of the company and 27 contact person responsible for site maintenance in compliance with this 28 special use permit; 29 22. If work is to be performed on public property or if public property is utilized or 30 impacted during construction and/or development, the owner shall provide, or 31 shall cause the developer and/or contractor to provide, the Village of Skokie 32 with a certificate of insurance naming the Village of Skokie as additionally 33 insured for any and all claims related to any and all work. The owner shall 34 hold, and shall cause the developer and/or contractor to hold, the Village of 35 Skokie harmless and indemnify the Village for any and all claims for property 36 damage or personal injury related to work on or use of public property; 37 23. The petitioner shall comply with all Federal and State statutes, laws, rules and 38 regulations and all Village codes, ordinances, rules, and regulations; and 39 24. Failure to abide by any and all terms of this Ordinance shall be cause for the 40 Village to initiate hearings to determine whether the subject Ordinance, as well 41 as any applicable business licenses, should be revised or revoked. The 42 petitioner shall pay all costs related to any hearings conducted as a result of Page 3 of 4 VOSDOCS-#591463-v1-Ordinance__2021- 14P__Special_Use__Truck_&_Freight_Transportation_Services__7539_Linder_Ave___Amazon Return to Corp Rpt 1 non-compliance with any of the provisions of the enabling ordinance. The 2 costs shall include but not be limited to court reporter fees, attorney fees, and 3 staff time required researching and conducting said hearing. 4 Section 2: That a notice of the approval of this Ordinance incorporating the 5 conditions contained herein shall be executed by the owner of the property in writing and 6 duly recorded with the Cook County Clerk’s Office at the owner’s expense. 7 Section 3: That this Ordinance shall be in full force and effect from and after its 8 passage, approval and recordation as provided by law. 9 ADOPTED this day of September, 2021. 10 11 Village Clerk 12 Ayes: 13 Nays: 14 Absent: 15 Approved by me this day of 16 Attested and filed in my September, 2021. 17 office this day of 18 September, 2021. 19 20 Mayor, Village of Skokie 21 22 Village Clerk Page 4 of 4 VOSDOCS-#591463-v1-Ordinance__2021- 14P__Special_Use__Truck_&_Freight_Transportation_Services__7539_Linder_Ave___Amazon Return to Corp Rpt MML: 9/22/21 1st Reading D *10/4/21 PC: 2017-28P THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 21-10-Z- AN ORDINANCE CORRECTING A SCRIVENER’S ERROR REGARDING THE VACATION OF CERTAIN PORTIONS OF AN UNOPENED AND UNIMPROVED RESIDENTIAL STREET AND ALLEY WITHIN AN AREA BOUNDED BY GROVE STREET, EAST PRAIRIE ROAD AND LAKE STREET, IN AN R1 SINGLE-FAMILY DISTRICT 1 WHEREAS, on March 5, 2018, the Mayor and Board of Trustees of the Village of Skokie 2 adopted Village Ordinance Number 18-3-Z-4362 (hereinafter “Ordinance”), a certified copy of 3 which is attached hereto as Exhibit “A”, vacating certain portions of an unopened and 4 unimproved residential street and alley within an area bounded by Grove Street, East Prairie 5 Road and Lake Street; and 6 WHEREAS, pursuant to the Village’s Comprehensive Plan, the Village of Skokie 7 (hereinafter “Village”), the owner of a portion of Central Park Avenue, west of and adjacent to 8 the properties at 3550 Lake Street and 8950 East Prairie Road, east of and adjacent to a portion 9 of the property at 62 Williamsburg Road, and east of and adjacent to the properties at 63 10 Williamsburg Road and 64 Williamsburg Road and an alley west of and adjacent to the west 11 side of 8950 East Prairie Road (hereinafter collectively “Subject Property”), petitioned the 12 Skokie Plan Commission to vacate the Subject Property and to vest to the property owners of 13 3550 Lake Street, 8950 East Prairie Road, 62 Williamsburg Road, 63 Williamsburg Road and 64 14 Williamsburg Road; and 15 WHEREAS, the Subject Property was dedicated along with the original subdivisions, 16 however, it was never improved when the homes were constructed; and 17 WHEREAS, the Subject Property is depicted on the Plats of Vacation, dated August 2, 18 2017, copies of which are attached hereto in Exhibit “A”; and 19 WHEREAS, due to a Scriveners error, not all the Permanent Index Numbers (hereinafter 20 “PINs”) that were listed on the Plats of Vacation dated August 2, 2017, were listed in Exhibit “2” 21 of the Ordinance, attached hereto as Exhibit “A”. However, the Plats of Vacation in Exhibit “1” 22 of the Ordinance, attached hereto as Exhibit “A”, was accepted and approved with all the 23 affected PINs; and 24 WHEREAS, the title and ownership of the portion of the Subject Property to be vacated, 25 pursuant to 65 ILCS 5/11-91-2, should vest to the abutting property owners as identified by the 26 amended PINs, listed with the corresponding legal description, in Exhibit “B”, attached hereto; 27 and Page 1 of 11 VOSDOCS-#588643-v1-Ordinance__2017-28P__Correcting_Scrivener_s_Error_RE_18-3-Z- 4362__Vacation_of_Portions_of_Central_Park_Ave_ Return to Corp Rpt 1 WHEREAS, the Mayor and Board of Trustees of the Village of Skokie, at a public 2 meeting duly held October 4, 2021, concurred in the recommendation 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 Exhibit “2” of Village Ordinance Number 18-3-Z-4362, attached 7 hereto as Exhibit “A”, is hereby amended as depicted on Exhibit “B” attached hereto, by 8 strikethrough and highlighting the deleted language and highlighting and bold the new language. 9 Section 2: That the following portion of the street and alley commonly described below, 10 and legally described in Exhibit “B” attached hereto, and depicted on the Plat of Vacation, dated 11 August 2, 2017, a copy of which is attached in Exhibit “A” as Exhibit “1”, located in the Village of 12 Skokie, be and the same is hereby vacated: 13 a portion of Central Park Avenue, west of and adjacent to the properties at 3550 Lake 14 Street and 8950 East Prairie Road, east of and adjacent to a portion of the property at 15 62 Williamsburg Road, and east of and adjacent to the properties at 63 Williamsburg 16 Road and 64 Williamsburg Road and an alley west of and adjacent to the west side of 17 8950 East Prairie Road, 18 and the title to the vacated alley and street shall vest to the abutting property owners pursuant 19 to 65 ILCS 5/11-91-2, as identified by their Permanent Index Numbers set out in Exhibit “B” 20 attached hereto. 21 Section 3: It is and has always been the intention of the Village that ownership and 22 title to the vacated alley and street shall pass to and vest in the adjacent property owners, as 23 listed by the Permanent Index Numbers in Exhibit “B”, as amended, in equal proportions of the 24 vacated alley or as directed. 25 Section 4: That this Ordinance shall be in full force and effect from and after its 26 passage, approval, and recordation as provided by law. ADOPTED this day of October, 2021. Ayes: Nays: Village Clerk Absent: Attested and filed in my office Approved by me this day of this day of October, 2021. October, 2021. Village Clerk Mayor, Village of Skokie Page 2 of 11 VOSDOCS-#588643-v1-Ordinance__2017-28P__Correcting_Scrivener_s_Error_RE_18-3-Z- 4362__Vacation_of_Portions_of_Central_Park_Ave_ Return to Corp Rpt Exhibit A Page 3 of 11 VOSDOCS-#588643-v1-Ordinance__2017-28P__Correcting_Scrivener_s_Error_RE_18-3-Z- 4362__Vacation_of_Portions_of_Central_Park_Ave_ Return to Corp Rpt Page 4 of 11 VOSDOCS-#588643-v1-Ordinance__2017-28P__Correcting_Scrivener_s_Error_RE_18-3-Z- 4362__Vacation_of_Portions_of_Central_Park_Ave_ Return to Corp Rpt Page 5 of 11 VOSDOCS-#588643-v1-Ordinance__2017-28P__Correcting_Scrivener_s_Error_RE_18-3-Z- 4362__Vacation_of_Portions_of_Central_Park_Ave_ Return to Corp Rpt Page 6 of 11 VOSDOCS-#588643-v1-Ordinance__2017-28P__Correcting_Scrivener_s_Error_RE_18-3-Z- 4362__Vacation_of_Portions_of_Central_Park_Ave_ Return to Corp Rpt Page 7 of 11 VOSDOCS-#588643-v1-Ordinance__2017-28P__Correcting_Scrivener_s_Error_RE_18-3-Z- 4362__Vacation_of_Portions_of_Central_Park_Ave_ Return to Corp Rpt Page 8 of 11 VOSDOCS-#588643-v1-Ordinance__2017-28P__Correcting_Scrivener_s_Error_RE_18-3-Z- 4362__Vacation_of_Portions_of_Central_Park_Ave_ Return to Corp Rpt Page 9 of 11 VOSDOCS-#588643-v1-Ordinance__2017-28P__Correcting_Scrivener_s_Error_RE_18-3-Z- 4362__Vacation_of_Portions_of_Central_Park_Ave_ Return to Corp Rpt Page 10 of 11 VOSDOCS-#588643-v1-Ordinance__2017-28P__Correcting_Scrivener_s_Error_RE_18-3-Z- 4362__Vacation_of_Portions_of_Central_Park_Ave_ Return to Corp Rpt Exhibit B LEGAL DESCRIPTIONS AND CORRECTED PINS THAT PART OF CENTRAL PARK AVENUE LYING BETWEEN THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN AND THE EAST LINE OF LOTS 62, 63 AND 64 (EXCEPT THE NORTH 16 FEET THEREOF), ALL IN BLIETZ’ WILLIAMSBURG VILLAGE, BEING A SUBDIVISION OF PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. AFFECTED PINS: 10-14-304-030-0000, 10-14-304-031-0000, 10-14-304-032-0000 THAT PART OF CENTRAL PARK AVENUE LYING BETWEEN THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN AND THE WEST LINE OF LOT 562 AND NORTH OF THE SOUTH LINE OF LOT 562 EXTENDED WEST TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND SOUTH OF A LINE BEGINNING AT THE NORTHWEST CORNER OF LOT 562 SOUTHWESTERLY 31.77 FEET TO A POINT 16.08 FEET SOUTH OF THE CENTER LINE OF THE 16 FOOT ALLEY NORTH OF AND ADJOINING LOT 562 EXTENDED WEST AND 2.52 FEET EAST OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, ALL IN SWENSON BROTHERS’ FOURTH ADDITION TO COLLEGE HILL, BEING A SUBDIVISION IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDAN IN COOK COUNTY, ILLINOIS. AFFECTED PIN: 10-14-409-007-0000 ALL OF THE 8 FOOT NORTH-SOUTH ALLEY LYING WEST OF AND ADJACENT TO LOT 467 LYING NORTHERLY OF THE SOUTHEASTERLY LINE OF SAID LOT 467 EXTENDED WEST AND SOUTH OF THE NORTH LINE OF SAID LOT 467 EXTENDED WEST, ALL IN SWENSON BROTHERS’ THIRD ADDITION TO COLLEGE HILL ADDITION TO EVANSTON, BEING A SUBDIVISION IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. AFFECTED PIN: 10-14-414-001-0000 AFFECTED PINS 10-14-304-010-0000 10-15-304-031-0000 10-14-304-032-0000 Page 11 of 11 VOSDOCS-#588643-v1-Ordinance__2017-28P__Correcting_Scrivener_s_Error_RE_18-3-Z- 4362__Vacation_of_Portions_of_Central_Park_Ave_ Return to Agenda PLAN COMMISSION REPORT 2021-15P: Zoning Map Amendment Plan Commission Council Chambers, 8:00 PM, September 22, 2021 To: Mayor and Board of Trustees From: Paul Luke, Plan Commission Chairperson Case: 2020-15P: Zoning Map Amendment 5050 Mulford Street PLAN COMMISSION ANALYSIS At its May 6, 2021 meeting the Plan Commission heard the petitioner’s request for a zoning map amendment to change the zoning district for 5050 Mulford from R2 Single Family to NX Neighborhood Mixed-Use. The petitioner is rezoning the subject site to construct additional parking for the adjacent bank in the NX zoning district. If this map amendment is approved along with the alley vacation in case 2021-16P the entire property, which will be occupied by North Shore Community Bank, will be in the NX zoning district. The residential use of this stand-alone triangular lot is better suited with the adjacent commercial use. Although, the request to rezone from R2 is not consistent with the Comprehensive Plan sector plan adopted in 2007, the eventual incorporation of the site was contemplated with the original special use that was reviewed in 2001. The only question from the Commission was about the notice requirements for tenants of the subject site. A more detailed discussion of this and the related cases are 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. It was determined by Corporation Counsel that notice was proper and correct. There were no interested parties who spoke regarding this case. PLAN COMMISSION RECOMMENDATIONS AND VOTING The Plan Commission recommended, by a vote of 6 ayes, 0 nays, 1 abstention (2 vacancies) with no Commissioners absent that the petitioner’s request to amend the zoning map to change the zoning district for 5050 Mulford from R2 Single Family to NX Neighborhood Mixed-Use be APPROVED, based upon the Positive Findings of Fact. VOSDOCS-#590542-v1-Master_Plan_Commission_Report_for_2021- 15P__zoning_map_amendment_for_5050_Mulford_from_R2_to_NX 1 Return to 2021-15P ATTENDANCE AYES NAYS ABSENT ABSTAINED Mitchell X Quane (moved) X Lakhani X Franklin X Burman (second) X Mathee X Luke X ATTACHMENTS 1. Positive Findings of Fact for 2021-15P, dated September 8, 2021 2. Staff Report for 2021-15P, dated May 6, 2021 3. Plan Commission meeting minutes, dated May 6, 2021 4. Land Use and Zoning Map VOSDOCS-#590542-v1-Master_Plan_Commission_Report_for_2021- 15P__zoning_map_amendment_for_5050_Mulford_from_R2_to_NX 2 Return to 2021-15P Positive Findings of Fact 2021-15P: Zoning Map Amendment Community Development Department Council Chambers, 7:30 PM, September 22, 2021 Consideration Finding The map amendment is consistent with the The proposed zoning map amendment is Comprehensive Plan or development trends not consistent with the Comprehensive in the area that have taken place since the Plan’s single-family designation for the affected property was placed in the present subject site. zoning district. However, with the development of the adjacent bank in 2002, the site is more suited as part of that development. After identifying the existing uses and The use of this residentially zoned stand- zoning districts in the area, the property in alone triangular lot is better suited with question is more suitable for the uses the adjacent commercial use. allowed under proposed zoning district than the existing zoning district. VOSDOCS-#590542-v1-Master_Plan_Commission_Report_for_2021- 15P__zoning_map_amendment_for_5050_Mulford_from_R2_to_NX 3 Return to 2021-15P STAFF REPORT 2021-15P: Zoning Map Amendment Community Development Department Council Chambers, 7:30 PM, May 6, 2021 To: Paul Luke, Chairman, Skokie Plan Commission From: Steve Marciani, AICP, Planning Supervisor Related cases – 2021-16P: Alley Vacation 2021-17P: Special Use Permit General Information Location 5050 Mulford Street Purpose To amend the zoning map from R2 Single Family to NX Neighborhood Mixed-Use Petitioner Wintrust Bank N.A. Size of Site Approximately 5,472 ft2 (0.13 acres) with frontage on Mulford Street and LeClaire Avenue Existing Zoning & R2 Single Family – vacant land, formerly detached residence Land Use Adjacent Zoning & North R2 Single Family – detached residences Land Use NX Neighborhood Mixed-Use – office building South R2 Single Family – detached residences R4 General Residential – multifamily residence East NX Neighborhood Mixed-Use – bank West R2 Single Family – detached residences Comprehensive Plan The site is designated as single-family housing in Sector A – Downtown. PETITIONER’S SUBMITTAL The petitioner is requesting to change the zoning district for 5050 Mulford from R2 Single Family to NX Neighborhood Mixed-Use. The petitioner is rezoning the subject site to construct additional parking for the adjacent bank in the NX zoning district. If this map amendment is approved along with the alley vacation in case 2021-16P. the entire property, which will be occupied by North Shore Community Bank, will be in the NX zoning district. VOSDOCS-#590542-v1-Master_Plan_Commission_Report_for_2021- 15P__zoning_map_amendment_for_5050_Mulford_from_R2_to_NX 4 Return to 2021-15P STAFF ANALYSIS All pertinent departments and divisions were offered an opportunity to comment on this case. Other than the Planning Division comments below, all others did not respond or approved the request without comment. Planning Division The Planning Division has reviewed the submitted material and supports the petitioner’s request. The residential use of this stand-alone triangular lot is better suited with the adjacent commercial use. Although, the request to rezone from R2 is not consistent with the Comprehensive Plan sector plan adopted in 2007, the eventual incorporation of the site was contemplated with the original special use that was reviewed in 2001. As of 1946, the subject site was zoned A Single Family. By 1956 it was zoned R2 Single Family and has been ever since. The adjacent bank parcel was changed from B1 Service Commercial to NX Neighborhood Mixed-Use in 2009 with the implementation of the recommended zoning map amendments in the Sector A: Downtown Comprehensive Plan amendment. STAFF RECOMMENDATIONS Staff recommends that the petitioner’s request to amend the zoning map to change the zoning district for 5050 Mulford Street from R2 Single Family to NX Neighborhood Mixed-Use be APPROVED, subject to the attached Proposed Positive Findings of Fact. ATTACHMENTS 1. Proposed Positive Findings of Fact for 2021-15P 2. Aerial Map VOSDOCS-#590542-v1-Master_Plan_Commission_Report_for_2021- 15P__zoning_map_amendment_for_5050_Mulford_from_R2_to_NX 5 Return to 2021-15P Plan Commission Meeting Minutes Date: May 6, 2021 A motion was made by Commissioner Franklin and seconded by Commissioner Mitchell to approve the minutes of the April 15, 2021 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. Currently there are two vacancies on the commission. Seven commissioners were present. Commissioner Mathee recused himself as the applicant is his employer. Case Descriptions: 2021-15P – Zoning Map Amendment: 5050 Mulford Street Wintrust Bank N.A. is requesting a zoning map amendment to rezone 5050 Mulford Street from R2 Single Family to NX Neighborhood Mixed-Use. 2021-16P – Alley Vacation: alley adjacent to 7800 Lincoln Avenue Wintrust Bank N.A./North Shore Community Bank & Trust is requesting a vacation of the whole alley between 5050 Mulford Street and 7800 Lincoln Avenue in an NX Neighborhood Mixed-Use. 2021-17P – Special Use Permit: 7800 Lincoln Avenue Wintrust Bank N.A./North Shore Community Bank & Trust is requesting to modify an existing special use permit to expand the parking facilities at 7800 Lincoln Avenue in an NX Neighborhood Mixed-Use and any other relief discovered during the review of this case. PINs: 10-28-212-006-0000 and 10-28-212-009-0000 Discussion and Interested Parties VOSDOCS-#590542-v1-Master_Plan_Commission_Report_for_2021- 15P__zoning_map_amendment_for_5050_Mulford_from_R2_to_NX 6 Return to 2021-15P 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. As all cases were related, they were discussed together but voted on separately. Mr. Richard Witry, attorney, presented the cases along with Mr. Mike Kelly of Wintrust Bank and Mr. Tom McCabe, engineer with Smith LaSalle Consulting Engineers. North Shore Community Bank has been in Skokie since 1999 and in 2001 built the facility with a drive-through at 7800 Lincoln Avenue; their current location. The bank purchased the abandoned residential property across the alley at 5050 Mulford Street and the house, which was in disrepair, was razed. The bank is planning to provide additional parking on the site. The chairman asked if additional handicapped spaces would be added. Mr. McCabe stated that the space would be used for employee parking leaving the spaces closest to the bank for its patrons. A commissioner inquired if the additional spaces are needed presently or for improved value of the site. Mr. Kelly stated that the bank is currently partially operating with some employees working from home. When the bank re-opens fully, the new lot will be used for employee parking, so they don’t infringe on the neighborhood for parking. Staff requested that all 3 staff reports be entered into the record as presented and summarized each one. The use of a residential lot for a stand-alone parking lot is not allowed in a residential district. Therefore, the re-zoning request to neighborhood mixed-use is necessary to for the parking area to be included in the bank’s zoning classification. The bank always contemplated on consolidating the 2 lots. The alley vacation request would bridge the 2 parcels, so the site could become a 15-space parking area adjacent to the bank parking lot. It would be heavily landscaped and a nice buffer between the bank and the residential neighborhood. The original special use permit request was granted in 2001 (Case 2001-39P) with restrictions on tenancy due to limited parking spaces. The bank would like to modify that special use permit to expand the site plan with the additional parking lot. The ordinance would be repealed and all conditions that are still relevant would be carried over to a new one along with the 2 items of relief that were granted. Staff acknowledged an email that was submitted regarding the general condition of LeClaire Avenue wondering if it would be improved as part of this project. The resident, residing at 7806 LeClaire Avenue, was happy with the bank’s landscaping efforts and is confident that the new landscaping will be up to par adding screening on LeClaire Avenue. There were no additional public comments. In closing, Mr. Witry stated that his client was in support of staff’s findings for Cases 2021- 15P & 2021-16P. However, there is a concern about Condition #23 for Case 2021-17P; the petitioner bearing the cost of placing all overhead utility lines on the site or in the right-of- way underground. The cost would be extremely exorbitant and make the project financially not feasible. VOSDOCS-#590542-v1-Master_Plan_Commission_Report_for_2021- 15P__zoning_map_amendment_for_5050_Mulford_from_R2_to_NX 7 Return to 2021-15P Mr. McCabe added that these lines carry heavy power and could go across the street. Recently, Wintrust Bank undertook a project to move 3 buried lines 2-3 feet deeper and the cost was $500,000 for the ComEd line and $100,00 for each of the phone and cable lines. Mr. Brandmeyer, Community Development Director, stated that after a site visit, it was decided to reach out to ComEd for easement language. A determination was made that if lines deliver power to the house and bank and terminate at the transformer, the lines need to be buried. If the lines feed other houses, they could remain in place. Per staff, according to the Building Code, all private service must be buried underground. A commissioner added that if the lines are above 12,000 volts, they could be express feeders or reverse voltage flows. He strongly urged contacting ComEd for their requirements. The chairman suggested amending Condition #23 now; adjusting some language at this meeting and clarifying with ComEd as to their requirements before the case is heard before the Village Board for final approval. Mr. Witry confirmed that as a conditional approval. He reiterated again that for the project to move forward, it has to be financially feasible. It was noted that the cases were tentatively slated for the June 7, 2021 Village Board meeting. He confirmed with Mr. Kelly that meeting with the utility companies before the June 7th meeting date was doable. He also wanted verification that he can withdraw or continue the cases before the Village Board meeting. Another commissioner mentioned that the bank can explain this matter directly to the Trustees at the Village Board meeting. Staff added that the cases don’t have to be assigned to a Village Board agenda until the issue is resolved. Mr. Witry stated that the bank will do its financial due diligence in the meantime. Recommendations and Voting Case 2021-15P – Zoning Map Amendment: 5050 Mulford Street A motion was made to approve a zoning map amendment to rezone 5050 Mulford Street from R2 Single-Family to NX Neighborhood Mixed-Use. Motion: Quane Second: Franklin Ayes: 6 Nays: 0 Recused: 1 (Mathee) Case 2021-16P – Alley Vacation: alley adjacent to 7800 Lincoln Avenue A motion was made to approve the vacation of the whole alley between 5050 Mulford Street and 7800 Lincoln Avenue in an NX Neighborhood Mixed-Use. Motion: Franklin Second: Lakhani Ayes: 6 Nays: 0 VOSDOCS-#590542-v1-Master_Plan_Commission_Report_for_2021- 15P__zoning_map_amendment_for_5050_Mulford_from_R2_to_NX 8 Return to 2021-15P Recused: 1 (Mathee) Case 2021-17P – Special Use Permit: 7800 Lincoln Avenue A motion was made for approval with the condition that private service of above ground utilities be determined and finalized prior to a meeting with the Village Board. Motion: Quane Second: Burman Ayes: 6 Nays: 0 Recused: 1 (Mathee) VOSDOCS-#590542-v1-Master_Plan_Commission_Report_for_2021- 15P__zoning_map_amendment_for_5050_Mulford_from_R2_to_NX 9 Return to 2021-15P Return to Agenda PLAN COMMISSION REPORT 2021-16P: Alley Vacation Plan Commission Council Chambers, 8:00 PM, September 22, 2021 To: Mayor and Board of Trustees From: Paul Luke, Chairman Case: 2021-16P: Alley Vacation Alley adjacent to 7800 Lincoln Avenue PLAN COMMISSION ANALYSIS At its May 6, 2021 meeting, the Plan Commission heard the request of Wintrust Bank N.A./North Shore Community Bank & Trust for the vacation of the alley between 7800 Lincoln and 5050 Mulford Street, currently in an NX Neighborhood Mixed-use and an R2 Single-Family zoning district. The land on both sides of the alley is owned by the bank. The vacated alley area is proposed to become incorporated into a private commercial parking lot in the special use case 2021-17P. There was no discussion from the commission about this case. INTERESTED PARTIES Legal notice was properly posted, advertised, and delivered to all property owners in the area of the subject site as prescribed by the Zoning Chapter. No interested parties spoke regarding the case. PLAN COMMISSION RECOMMENDATIONS AND VOTING The Plan Commission recommends by a vote of 6 ayes and 0 nays, with 1 recusing, and 2 vacancies that the petitioner’s request to vacate the alley between 5050 Mulford Street and 7800 Lincoln Avenue in an NX Neighborhood Commercial district be APPROVED, subject to the attached recommended conditions. ATTENDANCE AYES NAYS ABSENT RECUSED Mitchell X Quane X Lakhani (second) X Franklin (moved) X Burman X Mathee X Luke X ATTACHMENTS 1. Plan Commission Recommended Conditions for 2021-16P, dated May 6, 2021 VOSDOCS-#590569-v1-Master_Plan_Commission_Report_for_2021-16P__alley_vacation_adjacent_to_7800_Lincoln 1 of 10 Return to 2021-16P 2. Staff Report for 2021-16P, dated May 6, 2021 3. Plan Commission Meeting Minutes for May 6, 2021 4. Plat of Vacation 5. Aerial Map VOSDOCS-#590569-v1-Master_Plan_Commission_Report_for_2021-16P__alley_vacation_adjacent_to_7800_Lincoln 2 of 10 Return to 2021-16P PLAN COMMISSION RECOMMENDED CONDITIONS 2021-16P: Alley Vacation Plan Commission Council Chambers, 8:00 PM, September 22, 2021 1. Prior to the hearing of this case before the Board of Trustees, the petitioner shall submit to the Village a Mylar copy Plat of Vacation for the alley. 2. The property shall be vacated pursuant to the Plat of Vacation <insert date of final approved plat>, and as may be further revised with the approval of the Village Manager, or designee, and Corporation Counsel. 3. In lieu of remitting the value of the vacation to the Village, the applicant agrees to bury the aboveground electrical lines and remove the utility poles within the subject vacated alley with the exception of the existing pole located on Le Claire Ave located at the intersection of the subject vacated alley (pole #35209). 4. Upon the passage of the ordinance by the Board of Trustees, the Mylar of the Plat of Vacation shall be submitted to the Village with all signatures other than Village staff or elected officials. 5. Easements shall be reserved for all Village and Village franchised public utilities over the entire area to be vacated. 6. Property owners shall not alter the grade or change the drainage pattern in the easement area without a permit from the Engineering Division. 7. Other than a fence, no structures or trees shall be constructed or planted within the easement area. 8. The vacation shall be effective upon the recording of a Plat of Vacation by the Village in the Office of the Recorder of Deeds of Cook County, Illinois. VOSDOCS-#590569-v1-Master_Plan_Commission_Report_for_2021-16P__alley_vacation_adjacent_to_7800_Lincoln 3 of 10 Return to 2021-16P STAFF REPORT 2021-16P: Alley Vacation Community Development Department Council Chambers, 7:30 PM, May 6, 2021 To: Paul Luke, Chairman, Skokie Plan Commission From: Steve Marciani, AICP, Planning Supervisor Related Cases – 2021-15P: Map Amendment 2021-17P: Special Use Permit – Drive-through facility 2001-39P: Special Use Permit – Drive-through facility General Information Location Alley adjacent to 7800 Lincoln Avenue Purpose To vacate of the whole alley between 5050 Mulford Street and 7800 Lincoln Avenue Petitioner Wintrust Bank N.A./North Shore Community Bank & Trust Size of Site The alley’s dimensions are approximately 135’ on the northwest, 116’ on the southeast, and 16’ wide. The area of the alley is approximately 2,008 ft2. Existing Zoning & NX Neighborhood Mixed-use – public alley Land Use R2 Single-Family – public alley Adjacent Zoning & North R2 Single-Family – detached residences Land Use NX Neighborhood Mixed-Use – office building South R2 Single-Family – detached residences East NX Neighborhood Mixed-use – vacant Lot (2021-15P) West NX Neighborhood Mixed-use – bank with a drive- through facility Comprehensive Plan The site is designated as neighborhood mixed-use in Sector A. PETITIONER’S SUBMITTAL The applicants are requesting the vacation an improved alley between 5050 Mulford Street and 7800 Lincoln Avenue in an NX Neighborhood Commercial district. Since the previously adjoining house was demolished in 2020, there is no direct access to any building or facility from the alley. The vacated alley area is proposed to become incorporated into a private commercial parking lot in the special use case 2021-17P. VOSDOCS-#590569-v1-Master_Plan_Commission_Report_for_2021-16P__alley_vacation_adjacent_to_7800_Lincoln 4 of 10 Return to 2021-16P STAFF ANALYSIS Comments All pertinent departments and divisions were offered an opportunity to comment on this case. Other than the Civil Engineering and Planning Division comments below, all others did not respond or approved the request without comment. Civil Engineering Division No public easement will be retained for utilities, as the sewer under the alley will become part of the private drainage system for the parking lot. Planning Division The Planning Division supports the proposed alley vacation. The alley no longer serves any public purpose, and the vacation allows for expanded parking for the adjacent bank. Once the alley is vacated, the petitioner will be sent a copy of the Plat of Vacation and may use the additional land as they would any other part of their property, in compliance with the special use permit in 2021-17P. STAFF RECOMMENDATIONS Staff recommends that the petitioner’s request to vacate the alley between 5050 Mulford Street and 7800 Lincoln Avenue in an NX Neighborhood Commercial district be GRANTED subject to conditions listed below. RECOMMENDED VACATION CONDITIONS 1. Prior to the hearing of this case before the Board of Trustees, the petitioner shall submit to the Village a Mylar copy Plat of Vacation for the alley. 2. The property shall be vacated pursuant to the Plat of Vacation <insert date of final approved plat>, and as may be further revised with the approval of the Village Manager, or designee, and Corporation Counsel. 3. Prior to the passage of the ordinance by the Board of Trustees, the applicant will remit to the Village the value of the vacation. 4. Upon the passage of the ordinance by the Board of Trustees, the Mylar of the Plat of Vacation shall be submitted to the Village with all signatures other than Village staff or elected officials. 5. Easements shall be reserved for all Village and Village franchised public utilities over the entire area to be vacated. VOSDOCS-#590569-v1-Master_Plan_Commission_Report_for_2021-16P__alley_vacation_adjacent_to_7800_Lincoln 5 of 10 Return to 2021-16P 6. Property owners shall not alter the grade or change the drainage pattern in the easement area without a permit from the Engineering Division. 7. Other than a fence, no structures or trees shall be constructed or planted within the easement area. 8. The vacation shall be effective upon the recording of a Plat of Vacation by the Village in the Office of the Recorder of Deeds of Cook County, Illinois. ATTACHMENTS 1. Site Photos 2. Areal Map VOSDOCS-#590569-v1-Master_Plan_Commission_Report_for_2021-16P__alley_vacation_adjacent_to_7800_Lincoln 6 of 10 Return to 2021-16P Plan Commission Meeting Minutes Date: May 6, 2021 A motion was made by Commissioner Franklin and seconded by Commissioner Mitchell to approve the minutes of the April 15, 2021 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. Currently there are two vacancies on the commission. Seven commissioners were present. Commissioner Mathee recused himself as the applicant is his employer. Case Descriptions: 2021-15P – Zoning Map Amendment: 5050 Mulford Street Wintrust Bank N.A. is requesting a zoning map amendment to rezone 5050 Mulford Street from R2 Single Family to NX Neighborhood Mixed-Use. 2021-16P – Alley Vacation: alley adjacent to 7800 Lincoln Avenue Wintrust Bank N.A./North Shore Community Bank & Trust is requesting a vacation of the whole alley between 5050 Mulford Street and 7800 Lincoln Avenue in an NX Neighborhood Mixed-Use. 2021-17P – Special Use Permit: 7800 Lincoln Avenue Wintrust Bank N.A./North Shore Community Bank & Trust is requesting to modify an existing special use permit to expand the parking facilities at 7800 Lincoln Avenue in an NX Neighborhood Mixed-Use and any other relief discovered during the review of this case. PINs: 10-28-212-006-0000 and 10-28-212-009-0000 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. As all cases were related, they were discussed together but voted on separately. VOSDOCS-#590569-v1-Master_Plan_Commission_Report_for_2021-16P__alley_vacation_adjacent_to_7800_Lincoln 7 of 10 Return to 2021-16P Mr. Richard Witry, attorney, presented the cases along with Mr. Mike Kelly of Wintrust Bank and Mr. Tom McCabe, engineer with Smith LaSalle Consulting Engineers. North Shore Community Bank has been in Skokie since 1999 and in 2001 built the facility with a drive-through at 7800 Lincoln Avenue; their current location. The bank purchased the abandoned residential property across the alley at 5050 Mulford Street and the house, which was in disrepair, was razed. The bank is planning to provide additional parking on the site. The chairman asked if additional handicapped spaces would be added. Mr. McCabe stated that the area would be used for employee parking leaving the spaces closest to the bank for its patrons. A commissioner inquired if the additional spaces are needed presently or for improved value of the site. Mr. Kelly stated that the bank is currently partially operating with some employees working from home. When the bank re-opens fully, the new lot will be used for employee parking, so they don’t infringe on the neighborhood. Staff requested that all 3 staff reports be entered into the record as presented and summarized each one. The use of a residential lot for a stand-alone parking lot is not allowed in a residential district. Therefore, the re-zoning request to neighborhood mixed-use is necessary for the parking lot to be included in the bank’s zoning classification. The bank always contemplated on consolidating the 2 lots. The alley vacation would bridge the 2 parcels, so that the site could become a 15-space parking lot adjacent to the bank parking lot. It would be heavily landscaped and a nice buffer between the bank and the residential neighborhood. The original special use permit request was granted in 2001 (Case 2001-39P) with restrictions on tenancy due to limited parking spaces. The bank would like to modify that special use permit to expand the site plan with the additional parking lot. The ordinance would be repealed and all conditions that are still relevant would be carried over to a new one along with the 2 items of relief that were granted. Staff acknowledged an email that was submitted regarding the general condition of LeClaire Avenue wondering if it would be improved as part of this project. The resident, residing at 7806 LeClaire Avenue, was happy with the bank’s landscaping efforts and is confident that the new landscaping will be up to par adding screening on LeClaire Avenue. There were no additional public comments. In closing, Mr. Witry stated that his client was in support of staff’s findings for Cases 2021- 15P & 2021-16P. However, there is a concern about Condition #23 for Case 2021-17P; the petitioner bearing the cost of placing all overhead utility lines on the site or in the right-of- way underground. The cost would be extremely exorbitant and make the project financially not feasible. Mr. McCabe added that these lines carry heavy power and could go across the street. Recently, Wintrust Bank undertook a project to move 3 buried lines 2-3 feet deeper and the cost was $500,000 for the ComEd line and $100,000 for each of the phone and cable lines. VOSDOCS-#590569-v1-Master_Plan_Commission_Report_for_2021-16P__alley_vacation_adjacent_to_7800_Lincoln 8 of 10 Return to 2021-16P Mr. Brandmeyer, Community Development Director, stated that after a site visit, it was decided to reach out to ComEd for easement language. A determination was made that if lines deliver power to the house and bank and terminate at the transformer, the lines need to be buried. If the lines feed other houses, they could remain in place. Per staff, according to the Building Code, all private service must be buried underground. A commissioner added that if the lines are above 12,000 volts, they could be express feeders or reverse voltage flows. He strongly urged contacting ComEd for their requirements. The chairman suggested amending Condition #23 now; adjusting some language at this meeting and clarifying with ComEd as to their requirements before the case is heard before the Village Board for final approval. Mr. Witry confirmed that as a conditional approval. He reiterated again that for the project to move forward, it has to be financially feasible. It was noted that the cases were tentatively slated for the June 7, 2021 Village Board meeting. He confirmed with Mr. Kelly that meeting with the utility companies before the June 7th meeting date was doable. He also wanted verification that he can withdraw or continue the cases before the Village Board meeting. Another commissioner mentioned that the bank can explain this matter directly to the Trustees at the Village Board meeting. Staff added that the cases don’t have to be assigned to a Village Board agenda until the issue is resolved. Mr. Witry stated that the bank will do its financial due diligence in the meantime. Recommendations and Voting Case 2021-15P – Zoning Map Amendment: 5050 Mulford Street A motion was made to approve a zoning map amendment to rezone 5050 Mulford Street from R2 Single-Family to NX Neighborhood Mixed-Use. Motion: Quane Second: Franklin Ayes: 6 Nays: 0 Recused: 1 (Mathee) Case 2021-16P – Alley Vacation: alley adjacent to 7800 Lincoln Avenue A motion was made to approve the vacation of the whole alley between 5050 Mulford Street and 7800 Lincoln Avenue in an NX Neighborhood Mixed-Use. Motion: Franklin Second: Lakhani Ayes: 6 Nays: 0 Recused: 1 (Mathee) Case 2021-17P – Special Use Permit: 7800 Lincoln Avenue VOSDOCS-#590569-v1-Master_Plan_Commission_Report_for_2021-16P__alley_vacation_adjacent_to_7800_Lincoln 9 of 10 Return to 2021-16P A motion was made for approval with the condition that private service of above ground utilities be determined and finalized prior to a meeting with the Village Board. Motion: Quane Second: Burman Ayes: 6 Nays: 0 Recused: 1 (Mathee) VOSDOCS-#590569-v1-Master_Plan_Commission_Report_for_2021-16P__alley_vacation_adjacent_to_7800_Lincoln 10 of 10 Return to 2021-16P Return to 2021-16P Return to 2021-16P Return to Agenda PLAN COMMISSION REPORT 2021-17P: Alley Vacation Plan Commission Council Chambers, 8:00 PM, September 22, 2021 To: Mayor and Board of Trustees From: Paul Luke, Chairman Case: 2021-17P: Special Use Permit Special Use Permit for Wintrust Bank at 7800 Lincoln Avenue PLAN COMMISSION ANALYSIS At its May 6, 2021 meeting, the Plan Commission heard the request of Wintrust Bank N.A./North Shore Community Bank & Trust for a special use permit in association with a parking expansion project that involves the vacation of an alley and rezoning of a residential property. The updated special use permit incudes a new site plan accounting for the expanded parking area. At the meeting, the applicant and the Plan Commission discussed burial of aboveground power lines in order to ascertain the extent of line burial. INTERESTED PARTIES Legal notice was properly posted, advertised, and delivered to all property owners in the area of the subject site as prescribed by the Zoning Chapter. No interested parties spoke regarding the case. PLAN COMMISSION RECOMMENDATIONS AND VOTING The Plan Commission recommends by a vote of 6 ayes and 0 nays, with 1 recusing, and 2 vacancies APPROVED, subject to the attached recommended conditions. ATTENDANCE AYES NAYS ABSENT RECUSED Mitchell X Quane X Lakhani (second) X Franklin (moved) X Burman X Mathee X Luke X ATTACHMENTS 1. Plan Commission Recommended Conditions for 2021-17P, dated May 6, 2021 2. Staff Report for 2021-17P, dated May 6, 2021 3. Plan Commission Meeting Minutes for May 6, 2021 4. Site Plan 5. Aerial Map VOSDOCS-#591429-v1-Master_Plan_Commission_Report_for_2021-17P_Wintrust_SUP 1 of 13 Return to 2021-17P PLAN COMMISSION RECOMMENDED CONDITIONS 2021-17P: Special Use Permit Plan Commission Council Chambers, 8:00 PM, September 22, 2021 1. Prior to the hearing of this case before the Board of Trustees, the petitioner must update the site and landscaping plans to: a. Include the full extent of the site. b. Increase the curbing setback to a minimum of 6’ from the property lines for the new parking lot proposed by this amendment and provide adequate landscaping screening on the Le Claire Avenue side of the lot. c. Reduce the aisle width on the new parking lot to 24’. d. Remove compact car parking sign. 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>, landscape plan dated <insert date of final approved plan>, and building elevations dated November 21, 2001 and December 3, 2001. (Standard) 3. The petitioner shall develop and use the Subject Property in accordance with the site plan approval for this site. 4. The facility shall be restricted to two drive-in teller windows and an ATM. Any increase in the number of drive-in windows shall require an amendment to the special use. 5. The hours of operation of the drive-in teller windows shall be restricted to 7:00 a.m. to 7:00 p.m. Monday through Friday, 7:00 a.m. to 2:00 p.m. Saturday. 6. That North Shore Community Bank & Trust shall sign a hold harmless agreement and include the Village as an insured on its property insurance policy for the use of the Village parkway on Lincoln Avenue as part of the site landscaping. 7. The petitioner shall implement any necessary operational improvements to ensure that stacking of vehicles within the drive-through lane will be contained on site and not impede or obstruct pedestrian or vehicular movements. (Standard) 8. Prior to the issuance of building permits, the petitioner shall submit to the Village of Skokie Community Development Department a Cook County Assessor's Office Petition for Consolidation of Property with associated fees to consolidate property identification numbers 10-28-212-006-0000 and 10-28-212-009-0000 into a single tax parcel or provide evidence that the petition was submitted to Cook County. (Standard) 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 VOSDOCS-#591429-v1-Master_Plan_Commission_Report_for_2021-17P_Wintrust_SUP 2 of 13 Return to 2021-17P services. Any reconfigurations within state ROW will require an IDOT highway/utility permit. (Standard) 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. (Standard) 11. Any outdoor sound systems shall at all times maintain audio levels that are compliant with the Skokie Village Code. (Standard) 12. All existing damaged public sidewalks or public sidewalks damaged due to the implementation of this plan shall be replaced. (Standard) 13. 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. (Standard) 14. 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) 15. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other objects that may impede travel. (Standard) 16. 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 be contained in such a way as to remain out of sight at all times. (Standard) 17. All off-street parking spaces shall be legibly striped and maintained. (Standard) 18. Any plan to modify parking lot striping must be approved by the Director of Engineering. (Standard) 19. The handicapped parking spaces shall be installed and maintained in compliance with State of Illinois Accessibility Standards and the Skokie Village Code, including required signage. (Standard) 20. Vehicles shall not be allowed to be parked in or otherwise block common driveways, sidewalks, aisles, or other points of access at any time, shall only be parked in designated parking spaces, and shall not overlap the striped lines of designated parking spaces. (Standard) 21. The owner of the Subject Property shall ensure that employees park on the Subject Property. (Standard) 22. No required parking space on the site may be for the exclusive use of any tenant. (Standard) 23. All 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. (Standard) VOSDOCS-#591429-v1-Master_Plan_Commission_Report_for_2021-17P_Wintrust_SUP 3 of 13 Return to 2021-17P 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. (Standard) 25. The petitioner shall obtain all required permits and approvals for improvements to County, State, or Federal rights-of-way from the governing jurisdiction. (Standard) 26. 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. (Standard) 27. All signage shall conform to the Skokie Village Code. (Standard) 28. All modifications to building elevations, signage, and landscaping shall be subject to the review and approval of the Skokie Appearance Commission. (Standard) 29. The petitioner shall submit to the Planning Division electronic files of the site plan and landscape plan in their approved and finalized form. (Standard) 30. 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 special use permit. (Standard) 31. 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) 32. The petitioner shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. (Standard) 33. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to initiate hearings to determine whether the subject Ordinance, as well as any applicable business licenses, should be revised or revoked. The petitioner shall pay all costs related to any hearings conducted as a result of non-compliance with any of the provisions of the enabling ordinance. The costs shall include but not be limited to court reporter fees, attorney fees, and staff time required researching and conducting said hearing. (Standard) VOSDOCS-#591429-v1-Master_Plan_Commission_Report_for_2021-17P_Wintrust_SUP 4 of 13 Return to 2021-17P STAFF REPORT 2021-17P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, May 6, 2021 To: Paul Luke, Plan Commission Chairperson From: Steve Marciani, AICP, Planning Supervisor Related Cases – 2021-15P: Map Amendment 2021-16P: Alley Vacation 2001-39P: Special Use Permit – Drive-through facility General Information Location 7800 Lincoln Avenue Purpose To request a special use permit to modify an existing special use permit to expand the parking facilities at 7800 Lincoln Avenue in an NX Neighborhood Mixed-Use and any other relief discovered during the review of this case. Petitioner Wintrust Bank N.A./North Shore Community Bank & Trust Size of Site 32,588 ft² (0.91 acres) with frontage on Lincoln and LeClaire Avenues and Mulford Street Existing Zoning & NX Neighborhood Mixed-Use – bank with a drive-through facility, Land Use vacated alley (2021-16P), and vacant lot Adjacent Zoning & North TX Transit Mixed-Use – school Land Use NX Neighborhood Mixed-Use – office building South R2 Single-Family – detached residences East TX Transit Mixed-Use – school West R2 Single-Family – detached residences R4 Multifamily Housing – multifamily residences Comprehensive Plan The site is designated as neighborhood mixed-use and single- family housing in Sector A. SITE INFORMATION • A bank with a drive-through facility currently exists on most of the site, developed in accordance with a special use permit in case 2001-39P • The corner of Mulford and LeClaire had contained a detached residence, which was recently razed. VOSDOCS-#591429-v1-Master_Plan_Commission_Report_for_2021-17P_Wintrust_SUP 5 of 13 Return to 2021-17P • Driveways to the site exist on Mulford and LeClaire • Residual overhead utilities exist in the alley to be vacated but move underground at the existing property to serve the site. COMPLETE STREETS • Public sidewalks are available around the perimeter of the block – Lincoln, LeClaire, and Mulford. ADA ramps with contrasting color tactile warning indicators are not yet provided at the Lincoln/LeClaire and Lincoln/Mulford intersections. Direct pedestrian access from Lincoln Avenue to the front door is available. • Nearby formal bicycle accommodations include a bike lane on Howard Street, and active bike routes on Niles and Babb Avenues, and Niles Center Road. A future bike lane is planned for Lincoln Avenue. • The subject site is 0.65 miles from the Oakton-Skokie CTA Yellow Line Station. Nearby bus lines include the CTA Bus Route 97 and Pace Bus Routes 210 and 226. • Subject property is within walking distance of residential neighborhoods, services, shopping, and schools, including Downtown Skokie. • Emergency and business delivery access is available from Lincoln and LeClaire Avenues. PETITIONER’S SUBMITTAL The petitioner is requesting a special use permit to modify an existing special use permit for a drive-through bank in conjunction with a full-service bank to expand the site plan to accommodate additional parking facilities at 7800 Lincoln Avenue in an NX Neighborhood Mixed-Use and any other relief discovered during the review of this case. The petitioner submitted the following statement: The following addresses the effects of the proposed parking lot addition to the neighborhood: 1. Character of the Neighborhood: The character of the neighborhood is a well-established residential area with an existing alley and banking facility at the north end of this area. The property in question was an abandoned home in disrepair that detracted from the overall quality of the neighborhood. Further, the property is a triangular shape that is bordered on all three sides by Village right-of-way. The proposed parking lot will be located where the existing alley is and the remainder of the lot will be landscaped with trees, bushed and lawn. This will provide a more aesthetic look to the north end of the neighborhood as well as provide a landscaped buffer from the residents to the bank operations. 2. Surrounding Property Values: By removing an abandoned home in need of major repairs and replacing it with a small parking lot with a park like setting buffer to the bank. It is our opinion that property values will increase in the immediate area adjacent to this property. VOSDOCS-#591429-v1-Master_Plan_Commission_Report_for_2021-17P_Wintrust_SUP 6 of 13 Return to 2021-17P 3. Traffic Conditions: Currently there is a public alley that connects LeClaire Avenue to Mulford Street. Traffic can use this as a cut through to avoid Lincoln Avenue. The proposed project cuts off the through traffic by reducing the entrances into this new parking lot to one. The new parking lot will also be used for employees only. Employee parking greatly reduces the number of trips generated from a facility to typically one in-and-out movement per day or a second one possibly for lunch. 4. Public Utilities: There is a combined storm sewer currently in the alley that drains the alley. We are proposing to continue using this to drain the new parking lot. There is no watermain in the alley. 5. Stormwater Detention: The existing Wintrust Bank has underground detention in the parking lot. With the removal of the house and alley, the new parking lot has less impervious area than the existing site. The stormwater will also discharge to the existing parking lot or the existing sewer in the alley. 6. Public Health, Safety, Morals & General Welfare: This project will be an improvement to the overall welfare of the neighborhood. An old residence in need of repair has been removed and a small parking with a park like setting will be built in its place. Further, the new landscaping on the property will provide a much more robust screening of the bank for the residents. STAFF ANALYSIS Staff Comment and Review requests were sent to all pertinent departments and were received from Engineering, Forestry, and Planning. All other departments returned the requests with no comments regarding the subject case. Engineering The Engineering Division’s only comments are that compact car parking is not permitted and that parking lot lighting must be provided in accordance with IES and §118-212(k) of the Village Code. Forestry The Village Forester notes that tree protection fencing is required for site trees in a construction project and that tree protection must be installed for the course of the project for the existing parkway trees and landscape areas that are to remain. A tree removal permit is required for the parkway tree that is to be removed. Planning Planning is supportive of the request. The additional parking will allow greater flexibility in using the bank building. Staff has incorporated the relevant conditions of the existing special use ordinance or replaced standard conditions with the most current language into the recommended conditions below. However, the condition restricting the use of the premises only for financial purposes by North Shore Community Bank & Trust – Skokie and that no portion of the premises shall be rented to any tenant has been removed; this restriction was in place solely because of the lack of additional VOSDOCS-#591429-v1-Master_Plan_Commission_Report_for_2021-17P_Wintrust_SUP 7 of 13 Return to 2021-17P parking on the site. Conditions that were already completed or are covered in other parts of the Village Code were also removed. There were 2 items of relief that were in the existing special use permit that will also be carried over in to the new ordinance. No other relief was discovered during the review of this case. APPEARANCE COMMISSION Appearance Commission review is not necessary for the site. STAFF RECOMMENDATIONS Staff recommends that the petitioner’s request for a special use permit for a drive-through facility in conjunction with a bank at 7800 Lincoln Avenue in an NX Neighborhood Mixed-Use district be APPROVED, based upon the Proposed Positive Findings of Fact and subject to the recommended conditions below. Staff further recommends that V.O. 02-2-Z-3066 be repealed and replaced by this special use ordinance, expect that relief from the following items continue: 1. §118-220(5)a. to provide for the elimination of the required loading space. 2. §118-212(i) to allow curbing 3 feet from the property line rather than the required 6 feet from that portion of the site plan that has already been developed on the time of this ordinance. RECOMMENDED SPECIAL USE PERMIT CONDITIONS 1. Prior to the hearing of this case before the Board of Trustees, the petitioner must update the site and landscaping plans to: a. Include the full extent of the site. b. Increase the curbing setback to a minimum of 6’ from the property lines for the new parking lot proposed by this amendment and provide adequate landscaping screening on the LeClaire Avenue side of the lot. c. Reduce the aisle width on the new parking lot to 24’. d. Remove compact car parking sign. 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>, landscape plan dated <insert date of final approved plan>, and building elevations dated November 21, 2001 and December 3, 2001. (Standard) 3. The petitioner shall develop and use the Subject Property in accordance with the site plan approval for this site. VOSDOCS-#591429-v1-Master_Plan_Commission_Report_for_2021-17P_Wintrust_SUP 8 of 13 Return to 2021-17P 4. The facility shall be restricted to two drive-in teller windows and an ATM. Any increase in the number of drive-in windows shall require an amendment to the special use. 5. The hours of operation of the drive-in teller windows shall be restricted to 7:00 a.m. to 7:00 p.m. Monday through Friday, 7:00 a.m. to 2:00 p.m. Saturday. 6. That North Shore Community Bank & Trust shall sign a hold harmless agreement and include the Village as an insured on its property insurance policy for the use of the Village parkway on Lincoln Avenue as part of the site landscaping. 7. The petitioner shall implement any necessary operational improvements to ensure that stacking of vehicles within the drive-through lane will be contained on site and not impede or obstruct pedestrian or vehicular movements. (Standard) 8. Prior to the issuance of building permits, the petitioner shall submit to the Village of Skokie Community Development Department a Cook County Assessor's Office Petition for Consolidation of Property with associated fees to consolidate property identification numbers 10-28-212-006-0000 and 10-28-212-009-0000 into a single tax parcel or provide evidence that the petition was submitted to Cook County. (Standard) 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. (Standard) 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. (Standard) 11. Any outdoor sound systems shall at all times maintain audio levels that are compliant with the Skokie Village Code. (Standard) 12. All existing damaged public sidewalks or public sidewalks damaged due to the implementation of this plan shall be replaced. (Standard) 13. 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. (Standard) 14. 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) 15. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other objects that may impede travel. (Standard) VOSDOCS-#591429-v1-Master_Plan_Commission_Report_for_2021-17P_Wintrust_SUP 9 of 13 Return to 2021-17P 16. 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 be contained in such a way as to remain out of sight at all times. (Standard) 17. All off-street parking spaces shall be legibly striped and maintained. (Standard) 18. Any plan to modify parking lot striping must be approved by the Director of Engineering. (Standard) 19. The handicapped parking spaces shall be installed and maintained in compliance with State of Illinois Accessibility Standards and the Skokie Village Code, including required signage. (Standard) 20. Vehicles shall not be allowed to be parked in or otherwise block common driveways, sidewalks, aisles, or other points of access at any time, shall only be parked in designated parking spaces, and shall not overlap the striped lines of designated parking spaces. (Standard) 21. The owner of the Subject Property shall ensure that employees park on the Subject Property. (Standard) 22. No required parking space on the site may be for the exclusive use of any tenant. (Standard) 23. All 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. (Standard) 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. (Standard) 25. The petitioner shall obtain all required permits and approvals for improvements to County, State, or Federal rights-of-way from the governing jurisdiction. (Standard) 26. 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. (Standard) 27. All signage shall conform to the Skokie Village Code. (Standard) 28. All modifications to building elevations, signage, and landscaping shall be subject to the review and approval of the Skokie Appearance Commission. (Standard) 29. The petitioner shall submit to the Planning Division electronic files of the site plan and landscape plan in their approved and finalized form. (Standard) 30. Prior to the issuance of building permits, the petitioner shall submit to the Planning VOSDOCS-#591429-v1-Master_Plan_Commission_Report_for_2021-17P_Wintrust_SUP 10 of 13 Return to 2021-17P 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 special use permit. (Standard) 31. 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) 32. The petitioner shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. (Standard) 33. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to initiate hearings to determine whether the subject Ordinance, as well as any applicable business licenses, should be revised or revoked. The petitioner shall pay all costs related to any hearings conducted as a result of non-compliance with any of the provisions of the enabling ordinance. The costs shall include but not be limited to court reporter fees, attorney fees, and staff time required researching and conducting said hearing. (Standard) ATTACHMENTS 1. Proposed Positive Findings of Fact 2. Site plan, January 21, 2021 3. Landscaping plan, January 22, 2021 4. Aerial Map VOSDOCS-#591429-v1-Master_Plan_Commission_Report_for_2021-17P_Wintrust_SUP 11 of 13 Return to 2021-17P Proposed Positive Findings of Fact 2021-17P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, May 6, 2021 Consideration Finding The request is consistent with the The proposed zoning map amendment is not intent of the Comprehensive Plan. consistent with the Comprehensive Plan’s single- family designation for the subject site. However, with the development of the adjacent bank in 2002, the site is more suited as part of that development. The request will not adversely affect The request is not expected to adversely affect adjacent properties. adjacent properties The request is compatible with the The request is compatible with the existing or existing or allowable uses of adjacent allowable uses of adjacent properties. properties. The request demonstrates that Adequate public facilities, including roads, drainage, adequate public facilities, including utilities, and police and fire protection exist or will roads, drainage, utilities, and police exist to serve the requested use at the time such and fire protection exist or will exist to facilities are needed. serve the requested use at the time There is a combined storm sewer currently in the such facilities are needed. alley that drains the alley that will be used to drain the new parking lot. There is no watermain in the alley. The request demonstrates adequate The request demonstrates adequate provision for provision for maintenance and use of maintenance and use of the associated structures. the associated structures. The request has considered and, to the The request has considered and is expected to degree possible, addressed the adverse address any adverse effects on the natural effects on the natural environment. environment. The amount of impermeable surface is being reduced from the previous use. The request will not create undue Per the traffic impact analysis, the use is not expected traffic congestion. to create undue traffic congestion, including the availability of ample drive-through queuing on-site. The request will not adversely affect The request will not adversely affect public health, public health, safety, and welfare. safety, and welfare. This project will be an improvement to the overall welfare of the neighborhood. An old residence in need of repair has been removed and replaced with a small parking with a park like setting New landscaping on the property will provide a much more robust screening of the bank for the residents. VOSDOCS-#591429-v1-Master_Plan_Commission_Report_for_2021-17P_Wintrust_SUP 12 of 13 Return to 2021-17P The request conforms to all applicable The request conforms to all applicable provisions of provisions of this code, except where this code, except where relief is granted with the relief is granted with the request. request. VOSDOCS-#591429-v1-Master_Plan_Commission_Report_for_2021-17P_Wintrust_SUP 13 of 13 Return to 2021-17P BANK LOT & PARKING EXPANSION C4.0 3 DIMENSIONAL CONTROL PLAN Return to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eturn to Agenda PLAN COMMISSION REPORT 2021-20P: Chapter Amendment Community Development Department Council Chambers, 8:00 PM, September 22, 2021 To: Mayor and Board of Trustees From: Paul Luke, Chairman, Skokie Plan Commission Case: 2021-20P: Zoning Chapter Amendment FAR Adjustments in the NX Zoning District and Other Related Amendments PLAN COMMISSION ANALYSIS At its August 19, 2021, meeting the Plan Commission reviewed the Village’s request to amend the floor to area ratio bonuses in the NX Neighborhood Mixed-Use zoning district. With the construction of 3 Pulse Dempster Line stations on Dempster Street which are scheduled to start construction later this year, a density bonus is recommended from proximity to these new arterial rapid transit (ART) stations. The Commission is also recommending that a small FAR bonus adjustment also be made to the base FAR for the NX district to adjust for the market conditions for current development. Two minor technical corrections are also included to remove a height that is no longer correct in the purpose paragraph of the NX zoning district and to clarify the intent that the plaza be contiguous to receive an FAR bonus. Other than one minor question of clarification, there was no discussion from the Commission about this case. The draft of the full meeting minutes is attached. INTERESTED PARTIES Legal Notice was properly advertised as prescribed by the Zoning Chapter. No interested parties provided testimony about this case. PLAN COMMISSION RECOMMENDATION AND VOTING The Plan Commission recommended, by a vote of 7 ayes, 0 nays, and 2 members absent, that Chapter 118 Zoning of the Skokie Village Code be amended as recommended in the Staff Report for 2021-20P. ATTENDANCE AYES NAYS ABSENT Mitchell X Quane X Shah X Franklin X Gevaryahu X VOSDOCS-#591147-v1-Master_Plan_Commission_Report_for_2021- 20P__Zoning_chapter_amendment_for_FAR_in_NX_and_other_related_changes 1 of 7 Return to 2021-20P Lakahani X Burman (moved) X Mathee (second) X Luke X ATTACHMENTS 1. Staff Report for 2021-20P, dated August 19, 2021 2. Draft Plan Commission Meeting Minutes, dated August 19, 2021 VOSDOCS-#591147-v1-Master_Plan_Commission_Report_for_2021- 20P__Zoning_chapter_amendment_for_FAR_in_NX_and_other_related_changes 2 of 7 Return to 2021-20P STAFF REPORT 2021-20P: Zoning Chapter Amendment Community Development Department Council Chambers, 7:30 PM, August 19, 2021 To: Paul Luke, Chairman, Skokie Plan Commission From: Steve Marciani, Planning Supervisor Case: 2021-20P: Zoning Chapter Amendment FAR Adjustments in the NX Zoning District and Other Related Amendments General Information Petitioner Village of Skokie Purpose The Village of Skokie is requesting an amendment to Section 118-184(b) of the Skokie Village Code to modify the base floor to area ratio and to add an FAR adjustment for proximity to a transit station, both in the NX Neighborhood Mixed-Use zoning district. STAFF ANALYSIS From time to time, Staff reviews portions of the Zoning chapter of the Village Code to accommodate new uses, account for new circumstances, and make technical amendments. Construction on 3 Pulse Dempster Line stations on Dempster Street are scheduled to start construction later this year. The Pulse system is a set of Pace arterial rapid transit (ART) bus lines with limited stops and formal stations. An ART bus moves within regular traffic but can preempt traffic signals if they fall behind schedule to make the signals green in the direction the bus is traveling. When the 3 mixed-use districts were originally conceived, floor-to-area (FAR) bonuses were built into the FAR table to allow more building by the Yellow Line stations in the TX and CX zoning districts. The NX districts were further from the stations and were intended to eventually be allowed along our commercial corridors that traverse our R1 and R2 single family districts. Given the improved service for the Pulse Line, Staff is recommending that an additional FAR bonus be added to sites within 2000’ of these new ART stations. The 2000-foot distance is consistent with the rationale used with formulating the transit-oriented development use that predated the mixed-use districts near the Yellow Line Dempster Station and the mixed-use districts themselves. Market conditions also dictate that a small FAR bonus adjustment also be made to the base FAR for the NX district. During the review of this case, we also noticed that the height in the purpose paragraph of the NX incorrectly indicated the maximum building height that was modified in Plan Commission case 2018-03P from 39’. Staff is proposing to correct this VOSDOCS-#591147-v1-Master_Plan_Commission_Report_for_2021- 20P__Zoning_chapter_amendment_for_FAR_in_NX_and_other_related_changes 3 of 7 Return to 2021-20P technical error. Finally, there has been some confusion by some developers with the wording for the qualifications for the plaza bonus; a second technical amendment is proposed to clarify the intent that the plaza be contiguous, and not the sum of a patchwork of smaller areas. STAFF RECOMMENDATION Staff recommends that the following sections of Chapter 118 Zoning of the Skokie Village Code be amended, with text to be added highlighted and text to be removed highlighted and stricken through in the attached draft ordinance. ARTICLE IX. MIXED-USE ZONING DISTRICTS Sec. 118-181. Purpose. … (b) The NX Neighborhood Mixed-Use district is intended for commercial areas adjacent to single-family districts that are not adjacent to CX Core Mixed-Use districts. Buildings shall be designed to promote walking and pedestrian orientation. Ground floor uses must be commercially used but not necessarily reserved for retail and other service uses open to customers. Upper story uses can be other commercial uses or residences. Buildings should can be up to 39 feet in height, compatible to with uses in the R1 and R2 Single-Family residential districts. … Sec. 118-184. - Bulk requirements. … (b) Floor area ratio. Floor area ratio requirements shall be determined in accordance with the schedule and additional provisions below: Zone ZONE NX TX CX Base floor area ratio (FAR) 1.40 2.00 2.50 1.65 Maximum FAR under site plan approval 2.75 5.00 9.00 FAR adjustments: VOSDOCS-#591147-v1-Master_Plan_Commission_Report_for_2021- 20P__Zoning_chapter_amendment_for_FAR_in_NX_and_other_related_changes 4 of 7 Return to 2021-20P Zone ZONE NX TX CX 1st floor commercial use, 0-24.9% of floor area 0.00 0.00 0.00 1st floor commercial use, 25-29.9% of floor area 0.15 0.25 0.00 1st floor commercial use, 30-34.9% of floor area 0.30 0.50 0.00 1st floor commercial use, 35-39.9% of floor area 0.45 0.75 0.50 1st floor commercial use, 40-49.9% of floor area 0.50 1.25 1.00 1st floor commercial use, 50-59.9% of floor area 0.65 1.50 2.00 1st floor commercial use, 60-74.9% of floor area 0.75 1.75 3.00 1st floor commercial use, 75-100% of floor area 0.90 2.00 4.50 Public art 0.15 0.15 0.15 Lot facing two or more streets 0.20 0.35 0.65 Plaza or outdoor amenity for public use, 300-1000 ft2 in area 0.15 0.25 0.35 Plaza or outdoor amenity for public use, over 1000 ft2 in area 0.45 0.75 0.90 Each commercial parking space in excess of parking requirements 0.05 0.05 available for non-restricted public use Silver LEED rating 0.10 0.19 0.34 Gold LEED rating 0.12 0.22 0.40 Platinum LEED rating 0.37 0.68 1.22 Removal of each whole 12 feet of retail street driveway curb cut 0.05 0.09 0.16 Proximity to an arterial rapid transit or commuter rail station 0.20 VOSDOCS-#591147-v1-Master_Plan_Commission_Report_for_2021- 20P__Zoning_chapter_amendment_for_FAR_in_NX_and_other_related_changes 5 of 7 Return to 2021-20P Zone ZONE NX TX CX Upper story non-residential space See 118- 184(b)(9) … (5) The bonus for a plaza or an outdoor amenity for public use shall be awarded for a contiguous space that is open to the public and directly accessible from public sidewalks. A plaza shall have seating and may include spaces that display public art, fountains, landscaping, or outdoor dining areas. The calculation of the plaza shall not include required yards or setbacks. … (11) The proximity to an arterial rapid transit or commuter rail station shall be awarded if most of the area of the site is within 2000 feet of an entrance to the station. … VOSDOCS-#591147-v1-Master_Plan_Commission_Report_for_2021- 20P__Zoning_chapter_amendment_for_FAR_in_NX_and_other_related_changes 6 of 7 Return to 2021-20P Draft Plan Commission Meeting Minutes Date: August 19, 2021 A motion was made by Commissioner Burman and seconded by Commissioner Franklin to approve the minutes of the July 15, 2021 Plan Commission meeting. Case Description: 2021-20P – Zoning Chapter Amendment: Floor to Area Ratio in NX Zoning District The Village of Skokie is requesting an amendment to Section 118-184(b) of the Skokie Village Code to modify the base floor to area ratio and to add a FAR adjustment for proximity to a transit station, both in the NX Neighborhood Mixed-Use zoning district. Discussion and Interested Parties Legal notice was advertised as prescribed by the Zoning Chapter. Corporation Counsel determined that notice was proper and correct. Personal notice was not required for this case. Staff requested the report be submitted into the record as presented. There will be (3) Pulse Dempster Line stations constructed on Dempster Street later this year. The Pulse system is a set of Pace arterial rapid transit bus lines with limited stops and formal stations. These buses move within regular traffic but can preempt traffic lights to green in the direction they are traveling if they fall behind schedule. When the other mixed-use districts were conceived, FAR (floor to area ratio) bonuses were built into the FAR tables to allow more building by the Yellow Line stations in the TX & CX districts. The NX districts were further from the stations. Given that the Pulse Line buses will run along Dempster Street, it is recommended that additional FAR bonuses should be added to sites within 2000 feet of the new stations at the Skokie Swift -Dempster, St. Louis Avenue/Lincolnwood Drive, & Crawford Avenue. Small FAR bonus adjustments should also be made to the base FAR for the NX district that are adjacent to the R1 & R2 districts as well. During the review, it was noticed that the maximum building height was listed incorrectly as 39 feet. Staff wishes to correct this technical error and raise the height to 45 feet to be compatible to uses in the R1 & R2 residential districts. Also, to clarify the qualifications for the plaza bonus, the area needs to be contiguous and not the sum of smaller areas patched together. The chairman inquired if this would affect TOD’s (transit-oriented developments). Staff answered that this is a TOD amendment. There were no other questions or comments from the commissioners. Recommendations and Voting A motion was made to approve amending Chapter 118 of the Skokie Village Code as presented in the Staff Report for 2021-20P. Motion: Burman Second: Mathee Absent: Lakhani & Mitchell Ayes: 7 Nays: 0 VOSDOCS-#591147-v1-Master_Plan_Commission_Report_for_2021- 20P__Zoning_chapter_amendment_for_FAR_in_NX_and_other_related_changes 7 of 7 Return to Agenda PLAN COMMISSION REPORT 2021-21P: Zoning Map Amendment Plan Commission Council Chambers, 8:00 PM, September 22, 2021 To: Mayor and Board of Trustees From: Paul Luke, Plan Commission Chairperson Case: 2021-21P: Zoning Map Amendment 3320-3340 Dempster Street Related Case – 2021-22P: Site Plan Approval PLAN COMMISSION ANALYSIS At its August 19, 2021 meeting the Plan Commission heard the petitioner’s request to amend the zoning map to change the zoning district for 3320-3340 Dempster Street from B2 Commercial to NX Neighborhood Mixed-use. The petitioner is rezoning the subject site to NX to construct a mixed-use commercial and residential building (Case 2021-22P). Allowing upper-story residences in this area meets most of Housing Planning Directions in the Housing section of the Comprehensive Plan. The impending start of transit service for the Pulse Dempster Line on this street provides an opportunity to reinvent and enhance portions of this corridor that need reinvestment. NX Neighborhood Mixed-Use is an appropriate zone for the site, as it is intended for commercial areas adjacent to single-family districts that are not adjacent to CX Core Mixed-Use districts. Detached single-family residences are present to the north. There was no discussion about this case from the Commission. A more detailed description of this and the related cases are 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. It was determined by Corporation Counsel that notice was proper and correct. There were no interested parties who spoke regarding this case. PLAN COMMISSION RECOMMENDATIONS AND VOTING The Plan Commission recommended, by a vote of 7 ayes and 0 nays with 2 members absent, the petitioner’s request to amend the zoning map to change the zoning district for 3320-3340 Dempster Street from B2 Commercial to NX Neighborhood Mixed-Use be APPROVED, based upon the Positive Findings of Fact. VOSDOCS-#591322-v1-Master_Plan_Commission_for_2021-21P__Zoning_map_amendment_for_3320- 3340_Dempster_from_B2_to_NX 1 of 9 Return to 2021-21P ATTENDANCE AYES NAYS ABSENT Mitchell X Quane X Shah (second) X Franklin X Gevaryahu X Lakahani X Burman (moved) X Mathee X Luke X ATTACHMENTS 1. Positive Findings of Fact for 2021-21P, dated August 19, 2021 2. Staff Report for 2021-21P, dated August 19, 2021 3. Plan Commission meeting minutes, dated August 19, 2021 4. Land Use and Zoning Map VOSDOCS-#591322-v1-Master_Plan_Commission_for_2021-21P__Zoning_map_amendment_for_3320- 3340_Dempster_from_B2_to_NX 2 of 9 Return to 2021-21P Positive Findings of Fact 2021-21P: Zoning Map Amendment Community Development Department Council Chambers, 7:30 PM, September 22, 2021 Consideration Finding The map amendment is consistent with the The proposed zoning map amendment is Comprehensive Plan or development trends partially consistent with the retail/service in the area that have taken place since the employment land use designation in the affected property was placed in the present Comprehensive Plan because the zoning district. proposed development will have space for such uses on the ground floor. Allowing upper-story residences in the area meets at least 3 of the 4 Housing Planning Directions in the Housing section of the Comprehensive Plan: accessibility, choice, location, and change in development pattern. After identifying the existing uses and Under the current B2 Commercial zoning, zoning districts in the area, the property in upper-story residences are not a question is more suitable for the uses permitted use. allowed under proposed zoning district than NX Neighborhood Mixed-Use is an the existing zoning district. appropriate zone for the site, as it is intended for commercial areas adjacent to single-family districts that are not adjacent to CX Core Mixed-Use districts. Detached single-family residences are present to the north. There are few modern multifamily residences uses in the area. Adding this use above the commercial space provides modern commercial space and increases the diversity of housing in the area. VOSDOCS-#591322-v1-Master_Plan_Commission_for_2021-21P__Zoning_map_amendment_for_3320- 3340_Dempster_from_B2_to_NX 3 of 9 Return to 2021-21P STAFF REPORT 2021-21P: Zoning Map Amendment Community Development Department Council Chambers, 7:30 PM, August 19, 2021 To: Paul Luke, Chairman, Skokie Plan Commission From: Steve Marciani, AICP, Planning Supervisor Re: 2021-21P: Zoning Map Amendment 3320-3340 Dempster Street Related Case – 2021-22P: Site Plan Approval General Information Location 3320-3340 Dempster Street Purpose To amend the zoning map from B2 Commercial to NX Neighborhood Mixed-use. Petitioner MN CDK LLC Series 3320 Dempster Size of Site 18,750 square feet (0.43 acres) with frontage on Dempster Street and Ewing Avenue. Existing Zoning & B2 Commercial – vacant land, formerly a strip shopping center Land Use Adjacent Zoning & North R1 Single-Family – detached residences Land Use South B2 Commercial – various retail, service, and restaurant uses East B2 Commercial – bank with a drive-through facility West B2 Commercial – vacant gas station Comprehensive Plan The site is designated as retail/service employment. PETITIONER’S SUBMITTAL The petitioner is requesting to amend the zoning map to change the zoning district for 3320-3340 Dempster Street, from B2 Commercial to NX Neighborhood Mixed-use. The petitioner wants to rezone the subject site, which is presently vacant land, to NX in order to construct a mixed-use commercial and residential building (case 2021-22P). VOSDOCS-#591322-v1-Master_Plan_Commission_for_2021-21P__Zoning_map_amendment_for_3320- 3340_Dempster_from_B2_to_NX 4 of 9 Return to 2021-21P STAFF ANALYSIS All pertinent departments and divisions were offered an opportunity to comment on this case. The only comments came from the Planning Division, which reviewed the submitted materials and supports the proposed zoning map amendment. Under the current B2 Commercial zoning, upper story residences are not a permitted use. Allowing upper-story residences in this area meets at least 3 of the 4 Housing Planning Directions in the Housing section of the Comprehensive Plan: choice, location, and change in development pattern. The impending start of transit service for the Pulse Dempster Line on this street provides an opportunity to reinvent and enhance portions of this corridor that need reinvestment. Choice – With increasing housing costs, growing diversity in age and income, and lifestyle changes that impact our housing needs, we will provide H2 and enhance choice in terms of style, structure, and price so that local and regional demand for housing can be met. Location – Since more people should benefit from public goods such as transportation, open space, recreation, employment, schools and services H3 and less people should be impacted by negative externalities such as noise and odors, we will seek to locate more housing near public goods and less housing near negative externalities. Change in Development Patterns – A community that is not in growth or renewal is in decline, and as such, provision should be made to allow for the appropriate renewal of housing so that the housing stock remains in demand to protect the value of neighborhoods, provides increased opportunities for H4 greater numbers of people to benefit from public goods, and does not have an overall negative impact on other cornerstones of the Village’s economic health – employment, a diversified tax base, and places to buy goods and services. NX Neighborhood Mixed-Use is an appropriate zone for the site, as it is intended for commercial areas adjacent to single-family districts that are not adjacent to CX Core Mixed-Use districts. Detached single-family residences are present to the north. There are few modern multifamily residence uses in this area of the Village. Adding new housing over the commercial space provides both modern commercial space and increases the diversity of housing in the area. In 1946, the property was zoned E Commercial. Sometime between 1952 and 1956 the portion of the property rezoned to B-2 Commercial. The surrounding uses include detached residences, various retail, service, and restaurant uses, a bank with a drive-through facility, and a vacant gas station. The trend in development in the general area over the past 25 years has been stable, VOSDOCS-#591322-v1-Master_Plan_Commission_for_2021-21P__Zoning_map_amendment_for_3320- 3340_Dempster_from_B2_to_NX 5 of 9 Return to 2021-21P although, mixed-use buildings are now being constructed along other formerly all- commercial corridors. This trend is expected to continue. STAFF RECOMMENDATIONS Staff recommends that the petitioners’ request to amend the zoning map to change the zoning district for 3320-3340 Dempster Street from B2 Commercial to NX Neighborhood Mixed-Use be GRANTED, subject to the attached Proposed Positive Findings of Fact. VOSDOCS-#591322-v1-Master_Plan_Commission_for_2021-21P__Zoning_map_amendment_for_3320- 3340_Dempster_from_B2_to_NX 6 of 9 Return to 2021-21P DRAFT Plan Commission Meeting Minutes Date: August 19, 2021 A motion was made by Commissioner Burman and seconded by Commissioner Franklin to approve the minutes of the July 15, 2021 Plan Commission meeting. Case Description: 2021-21P – Zoning Map Amendment: 3320-3340 Dempster Street MN CDK LLC Series 3320 Dempster is requesting a zoning map amendment of 3320-3340 Dempster Street from B2 Commercial to NX Neighborhood Mixed-Use. 2021-22P – Site Plan Approval: 3320 Dempster Street MN CDK LLC Series 3320 Dempster is requesting site plan approval for mixed-use commercial and residential building with an FAR of approximately 2.50, which is in excess of the base FAR but below the maximum FAR for the zoning district; relief from the following sections of the Skokie Village Code: 118-212(a)(1) to allow a reduction in width of stall from 9’ to 8’-6, 118- 212(a)(1) to allow a reduction in aisle width from 24’ to 21’ (per 118-212(a)(5)), 118-212(a)(6) to allow a reduction in width of stall from 10’ to 9’-6, and 118-212(i)(1) to allow a reduction in minimum distance of a surface parking lot curb from the property line from 6’ to 5’; and any other relief discovered during the review of this case. PINs: 10-14-424-027-0000, 10-14-424-028-0000, 10-14-424-029-0000, 10-14-424-030-0000, 10-14-424-031-0000 As both cases were related, they were discussed together but voted on separately. Discussion and Interested Parties Legal notice was advertised, posted, and delivered to all property owners within the area as prescribed by the Zoning Chapter. Corporation Counsel determined that notice was proper and correct. Jeremy Kriska represented the applicant, MN CDK LLC, for these cases. The developer was in the audience but did not speak. They are requesting a zoning map change from B2 Commercial to NX Neighborhood Mixed-Use to construct a commercial/residential building at the corners of Dempster Street and Ewing Avenue. They received approval from the Appearance Commission at the June 9, 2021 meeting. Under the current B2 commercial zoning, upper story residential units are not permitted. The area is now vacant land previously used as an underutilized strip shopping center. The NX zoning is intended for commercial areas adjacent to single-family zoning districts. There is a high demand and limited supply of modern multi-family housing. The upcoming Pulse Dempster Transit Line will encourage new development in this area. There will be 3 stories of rentals (23 units) above 2 ground floor commercial units with a partial 4th floor on the south side. These modern units will have luxury amenities but will rent for less because they will be smaller than other modern rental units. Single-family detached residences are located to the north. VOSDOCS-#591322-v1-Master_Plan_Commission_for_2021-21P__Zoning_map_amendment_for_3320- 3340_Dempster_from_B2_to_NX 7 of 9 Return to 2021-21P Thirty-nine off-street parking spaces will be provided (14 exterior and 25 interior) along with payment into the parking fund for 5 spaces to satisfy the off-street parking requirements. Staff explained that there is no obtainable relief or variance for a parking deficit in the mixed-use districts other than paying into the Village’s reserved parking fund. Nine space will be required for the commercial uses. For a building of this size, only 1 handicap space is necessary. Therefore, if parking is re-configured, the second handicap space could be converted to a regular space. There is a public parking lot close by which will be used by employees of the commercial spaces as well as overflow parking for the building. A commissioner cautioned that the public will need to be aware that there is no parking on Dempster Street. A 4-ft alley dedication is also required and shown on the site plan to transform the 16-ft alley into a 20-ft commercial alley. A 7-ft street dedication on Dempster Street is required to widen the arterial road to 40-ft from centerline; also shown on the plan. A commissioner asked about access to the ground floor retail units. Mr. Kriska pointed out that there are two separate commercial spaces; one set of doors will face Dempster Street and another separate set of doors at the corner of Ewing Avenue for the eastern unit. Another commissioner asked about loading spaces for the commercial units. Mr. Kriska stated that for a building of this size, no separate loading dock is necessary. A commissioner inquired if the rental units would have designated parking spaces. Staff stated that only commercial & guest parking spaces would be differentiated. Staff requested that the reports be entered into the record as presented as well as a memo written by the Community Development Director regarding the environmental review of the project. He explained the concept of the Pulse system as a set of Pace buses (other than the Pace 250 bus) with limited stops and express service that will travel along Dempster Street. Staff summarized the requested items of relief such as the parking stall width for the interior spaces and the extra foot required when the space is against a wall. Curbing will be setback 5-ft instead of 6’. Staff is in agreement with the Appearance Commission requirement to relocate the sidewalk to the new property line and creating a parkway along the curb to add a bigger buffer between pedestrians and vehicular traffic on Dempster Street. A commissioner asked about the placement of bike racks. Staff answered that 1 would be required by the entrance and another inside the parking area. Chris Embick, 8815 Forestview Drive, wanted clarification that the internal parking spaces were for residents as well as 2 outside spaces. He also voiced pedestrian and traffic concerns since Dempster Street is heavily congested at rush hour and thought that there will be a conflict with cars coming out of the garage. He pointed out that there is no pedestrian secure walkway to the Pace bus stop across the street. Staff stated Dempster is state highway and Skokie has less control. There will be no curb cuts made on Dempster to interfere with cars and being on the Dempster Pulse Line and Pace 250 bus routes, there should be reduced vehicle use. Also mentioned was the fact that if the strip mall was fully occupied or an office building use was located at the site, it would be a greater traffic impact to the residential neighborhood. The chairman added that, historically speaking, at commercial/residential developments there is less heavy traffic coming & going than if it was occupied by a retail use. Mr. Kriska, in closing, accepted the staff recommendations listed in Case 2021-21P and is pleased with the staff support for the project but has concerns with some the recommendations of Case 2021-22P. It was decided that in Condition #2 staff would modify the language for the VOSDOCS-#591322-v1-Master_Plan_Commission_for_2021-21P__Zoning_map_amendment_for_3320- 3340_Dempster_from_B2_to_NX 8 of 9 Return to 2021-21P 7-ft ROW dedication or conveyance of land prior to the building permit process. In Condition #6, staff would, if needed, adjust the number of spaces and amount to be deposited into the parking fund after a review by the Traffic Engineer. Recommendations and Voting Case 2021-21P A motion was made to approve, as presented, the request for a zoning map amendment for 3320-3340 Dempster Street from B2 Commercial to NX Neighborhood Mixed-Use. Motion: Burman Second: Shah Absent: Lakhani & Mitchell Ayes: 7 Nays: 0 Case 2021-22P A motion was made to approve, as presented with conditions amended, the request for site plan approval for a mixed-use commercial and residential building with an FAR of approximately 2.50 and relief from various sections of the Skokie Village Code such as to allow a reduction in width of stall from 9’ to 8’6, to allow a reduction in width of stall from 10’ to 9’6 when the stall is adjacent to a wall, to allow a reduction in minimum distance of a surface parking lot curb from the property line from 6’ to 5’, and to allow a reduction of aisle width from 24’ to 21’. Conditions amended were: Condition #2 to modify the language for the 7’ ROW land dedication or conveyance prior to building permits. Condition #6 to adjust the number of spaces and amount, if needed, after a review by the Traffic Engineer. Motion: Burman Second: Mathee Absent: Lakhani & Mitchell Ayes: 7 Nays: 0 The chairman made an announcement that this meeting is the last for Planning Supervisor, Steve Marciani, as he submitted his resignation to take a position with the Village of Orland Park. The commissioners said their good-byes, wished him good luck, and thanked him for his service to Skokie. They will miss him as a village professional and a friend. VOSDOCS-#591322-v1-Master_Plan_Commission_for_2021-21P__Zoning_map_amendment_for_3320- 3340_Dempster_from_B2_to_NX 9 of 9 Return to 2021-21P Cases 2021-21P/22P - 3320-40 Dempster St 0 150 300 Print Date: 7/20/2021 Notes Plan Commission meeting of 8 ft -19-2021 Disclaimer: The GIS Consortium and MGP Inc. are not liable for any use, misuse, modification or disclosure of any map provided under applicable law. This map is for general information purposes only. Although the information is believed to be generally accurate, errors may exist and the user should independently confirm for accuracy. The map does not constitute a regulatory determination and is not a base for engineering design. A Registered Land Surveyor should be consulted to determine precise location boundaries on the ground. Return to Agenda PLAN COMMISSION REPORT 2021-22P: Site Plan Approval Plan Commission Council Chambers, 8:00 PM, September 22, 2021 To: Mayor and Board of Trustees From: Paul Luke, Plan Commission Chairperson Re: 2021-22P: Site Plan Approval 3320-3340 Dempster Street Related Case – 2021-21P: Zoning Map Amendment PLAN COMMISSION ANALYSIS During its August 19, 2021 meeting, the Plan Commission heard a request for site plan approval to construct a mixed‐use commercial/residential development at 3320 to 3340 Dempster Street in an NX Neighborhood Mixed-Use zoning district. The project will be 4 stories and include 23 residences, 39 vehicle parking spaces for residents, guests, and customers, and 25% ground floor commercial space. The building is set back a half floor from the residences to the north. The development hopes to benefit from the new Dempster Pulse Line, a new arterial rapid transit bus service that will begin station construction in the new year. Staff was in support of the relief requested by the petitioner. Since parking relief is not allowed in mixed-use districts, paying into the parking fund for 6 parking spaces is required at this time; additional spaces may be required later after the actual ground floor uses are determined. This deficit is less than the deficit that existed for the pervious shopping center. Public parking is located in close proximity. There was some discussion about some of the recommended conditions. The Commission modified the Staff proposed condition about the timing of the 7’ Dempster Street dedication, which was changed to be completed prior to the issuance of building permit. The 4’ alley dedication needs to be completed now. There was also a request that the Transportation Engineer re-evaluate the vehicle parking deficit, which she confirmed is correct for uses with a 1 space per 300 ft2 parking ratio. Discussion from the Commissioners about this case focused on access to the ground floor commercial, commercial loading, and whether the residences will have assigned parking. A more detailed discussion of this case is in the attached Staff Report and minutes. INTERESTED PARTIES Legal notice was advertised, posted, and delivered to property owners in the area as prescribed by the Zoning Chapter. One interested party spoke in support of the project but had concerns about traffic generation and safety at the garage opening. VOSDOCS-#591365-v1-Master_Plan_Commission_Report_for_2021-22P__site_plan_approval_for_3320-3340_Dempster 1 of 20 Return to 2021-22P APPEARANCE COMMISSION On June 9, 2021, the Appearance Commission approved the façade and landscape plan subject to conditions in 2021-042A. PLAN COMMISSION RECOMMENDATIONS AND VOTING The Plan Commission recommended, by a vote of 7 ayes, 0 nays, and 2 commissioners absent, that the petitioner’s request for site plan approval to construct a mixed‐use commercial/residential development at 3320 to 3340 Dempster Street in an NX Neighborhood Mixed-Use zoning district be APPROVED based upon the Proposed Positive Findings of Fact and subject to the recommended site plan approval conditions listed below. The Plan Commission further recommended relief from the following sections of the Skokie Village Code: 1. §118-212(a)(1) to allow a reduction in width of stall from 9’ to 8’-6 2. §118-212(a)(1) to allow a reduction in aisle width from 24’ to 21’ (per §118- 212(a)(5)) 3. §118-212(a)(6) to allow a reduction in width of stall from 10’ to 9’-6 4. §118-212(i)(1) to allow a reduction in minimum distance of a surface parking lot curb from the property line from 6’ to 4’. ATTENDANCE AYES NAYS ABSENT Mitchell X Quane X Shah X Franklin X Gevaryahu X Lakahani X Burman (moved) X Mathee (second) X Luke X ATTACHMENTS 1. Plan Commission Recommended Conditions for 2021-22P, dated September 22, 2021 2. Plan Commission Positive Findings of Fact for 2021-22P, dated September 22, 2021 3. Staff Report for 2021-22P, dated August 19, 2021 4. Environmental Review of 3320-3340 Dempster Site Plan, updated September 9, 2021 5. Draft Plan Commission Meeting Minutes, dated August 19, 2021 6. Site and Landscaping Plan, dated September 10, 2021 7. Floor Plans, dated July 7, 2021 8. Elevations, dated, July 7, 2021 VOSDOCS-#591365-v1-Master_Plan_Commission_Report_for_2021-22P__site_plan_approval_for_3320-3340_Dempster 2 of 20 Return to 2021-22P 9. Building Renderings, undated 10. Aerial Map for 2021-22P VOSDOCS-#591365-v1-Master_Plan_Commission_Report_for_2021-22P__site_plan_approval_for_3320-3340_Dempster 3 of 20 Return to 2021-22P PLAN COMMISSION RECOMMENDED CONDITIONS 2021-22P: Site Plan Approval Plan Commission Council Chambers, 8:00 PM, September 22, 2021 1. Prior to the passage of this ordinance by the Board of Trustees, the petitioners must correct the site and landscaping plan to: a. Show bicycle parking spaces for 6 designed spaces, located consistent with §118-221 and §118-222. b. Correct the area of the west commercial space. The sum of the commercial area must be 25% of the ground floor area. 2. Prior to the passage of this ordinance by the Board of Trustees, the petitioner must prepare a plat of dedication for 4’ of right-of-way along the length of the alley and submit it to the Engineering Division for review. 3. The petitioner shall develop the Subject Property in substantial conformance with the final Village approved site and landscaping plan dated <insert date of final approved plan>, floor plans dated <insert date of final approved plan>, and building elevations dated <insert date of final approved plan>. (Standard) 4. The FAR for the development, including all earned bonuses, must be met consistent with the Village Code. 5. Prior to the issuance of building permit, the petitioner must prepare a plat of dedication or deed for 7’ of right-of-way along the length of the Dempster Street and submit it to the Engineering Division for review. 6. Upon the passage of the ordinance by the Board of Trustees, the Mylar of the dedication must be submitted to the Village with all signatures other than Village staff or officials. (Standard) 7. Prior to the issuance of building permits, the petitioner shall submit a temporary pedestrian and bicycle circulation plan, including routing, signage, and barriers, to be in place prior to the commencement of construction, subject to the approval of the Engineering Division. (Standard) 8. Prior to the issuance of building permits, the developer must pay into the Downtown Parking Fund the value of the deficient number of required commercial parking spaces as prescribed in the Village Code, $99,000 for the credit of 6 commercial parking spaces. If any use on the ground floor causes the on-site parking deficit to exceed the number of parking spaces credited, additional payment may need to be made in the Fund. 9. No restriction of use may be placed on the commercial space that is more restrictive than is allowed in the Skokie Village Code. (Standard) 10. No parking shall be provided on-site for any user of the ground floor commercial tenant spaces. (Standard) 11. The 8 vehicle parking spaces off the alley closest to Ewing are reserved for commercial tenants or customers of the building and may not be used for parking VOSDOCS-#591365-v1-Master_Plan_Commission_Report_for_2021-22P__site_plan_approval_for_3320-3340_Dempster 4 of 20 Return to 2021-22P vehicles of residents of the building. (Standard) 12. The area designated on the approved site plan for public art shall be for art provided by the developer, approved by the Public Art Advisory Committee, or a contribution made to a public art fund of 1% of the permit value of the building. 13. 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. (Standard) 14. All existing damaged public sidewalks or public sidewalks damaged due to the implementation of this plan shall be replaced. (Standard) 15. No objects are allowed within a 15’ sight distance triangle between 30” and 84” from grade except traffic control devices listed in the Manual on Uniform Traffic Control Devices. (Standard) 16. Prior to the issuance of building permits, the petitioner shall submit a temporary pedestrian and bicycle circulation plan, including routing, signage, and barriers, to be in place prior to the commencement of construction, subject to the approval of the Engineering Division. (Standard) 17. 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) 18. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other objects that may impede travel. (Standard) 19. All off-street parking spaces shall be legibly striped and maintained. (Standard) 20. Any plan to modify parking lot striping must be approved by the Director of Engineering. (Standard) 21. Vehicles shall not be allowed to be parked in or otherwise block common driveways, sidewalks, aisles, or other points of access at any time, shall only be parked in designated parking spaces, and shall not overlap the striped lines of designated parking spaces. (Standard) 22. Cable access shall not be denied to any residents in the building. All cable providers shall be given access to provide service. All cable and other fixtures necessary to provide service to the building shall be placed underground and conduit shall be provided inside the building for wiring. (Standard) 23. All utilities on the Subject Property shall be placed or relocated underground. The petitioner shall bear the full cost of any utility relocation and/or conflicts. (Standard) 24. All new construction, alterations, and remodeling shall meet current International Building and NFPA Life Safety Codes as amended. (Standard) 25. The petitioner shall obtain all required permits and approvals for improvements to VOSDOCS-#591365-v1-Master_Plan_Commission_Report_for_2021-22P__site_plan_approval_for_3320-3340_Dempster 5 of 20 Return to 2021-22P County, State, or Federal rights-of-way from the governing jurisdiction. (Standard) 26. 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. (Standard) 27. All signage shall conform to the Skokie Village Code<, except as provided in this ordinance>. 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. (Standard) 28. All modifications to building elevations, signage, and landscaping shall be subject to the review and approval of the Skokie Appearance Commission. (Standard) 29. 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. (Standard) 30. 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. (Standard) 31. 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) 32. The petitioner shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. (Standard) 33. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to initiate hearings to determine whether the subject Ordinance, as well as any applicable business licenses, should be revised or revoked. The petitioner shall pay all costs related to any hearings conducted as a result of non-compliance with any of the provisions of the enabling ordinance. The costs shall include but not be limited to court reporter fees, attorney fees, and staff time required researching and conducting said hearing. (Standard) VOSDOCS-#591365-v1-Master_Plan_Commission_Report_for_2021-22P__site_plan_approval_for_3320-3340_Dempster 6 of 20 Return to 2021-22P PLAN COMMISSION POSITIVE FINDINGS OF FACT 2021-22P: Site Plan Approval Community Development Department Council Chambers, 8:00 PM, September 22, 2021 Consideration Finding The request is harmonious with and does not The proposal will improve the character of adversely affect adjacent properties. the commercial and residential neighborhoods by providing a new building that will improve the subject site and provide additional tax revenue to the Village and other taxing districts. The elimination of the former vacant commercial building and currently vacant lot will provide a modern well-maintained building. The potential commercial uses on the ground floor will be limited in intensity and the upper floor residential units will not generate significant traffic. The request can demonstrate that adequate The development will not have any adverse public facilities, including roads, drainage, effect on public utilities. Electrical, gas, sewer utilities, and police and fire protection exist or and water utilities are all adequate to serve will exist to serve the requested use at the time the development without adversely impacting such facilities are needed. neighboring property. ComEd and the Village have already reviewed the utilities and have not recommended any facility upgrades. Adequate public facilities exist or will exist to serve the subject site. The request demonstrates adequate provision The request will have adequate provision for for maintenance of the associated structures. maintenance of the associated structures. The request has considered and, to the degree No adverse effects on the natural possible, addressed the adverse effects on the environment are anticipated. The use natural environment. provides housing adjacent to a new rapid transit line and will provide full stormwater detention. The request will not create undue traffic The request will not create undue traffic congestion. congestion. The request will not adversely affect public The request will not adversely affect public health, safety, and welfare. health, safety, and welfare. The request conforms to all applicable The request will conform to all applicable provisions of this code, except where relief is provisions of this code, except where relief is granted with the request. granted with the request. VOSDOCS-#591365-v1-Master_Plan_Commission_Report_for_2021-22P__site_plan_approval_for_3320-3340_Dempster 7 of 20 Return to 2021-22P STAFF REPORT 2021-22P: Site Plan Approval Community Development Department Council Chambers, 7:30 PM, August 19, 2021 To: Paul Luke, Chairman, Skokie Plan Commission From: Steve Marciani, AICP, Planning Supervisor Re: 2021-22P: Site Plan Approval 3320-3340 Dempster Street Related Case – 2021-21P: Zoning Map Amendment General Information Location 3320-3340 Dempster Street Purpose To request site plan approval for mixed-use commercial and residential building with an FAR of approximately 2.50, which is in excess of the base FAR but below the maximum FAR for the zoning district; relief from the following sections of the Skokie Village Code: 118-212(a)(1) to allow a reduction in width of stall from 9’ to 8’-6, 118-212(a)(1) to allow a reduction in aisle width from 24’ to 21’ (per 118-212(a)(5)), 118-212(a)(6) to allow a reduction in width of stall from 10’ to 9’-6, and 118-212(i)(1) to allow a reduction in minimum distance of a surface parking lot curb from the property line from 6’ to 5’; and any other relief discovered during the review of this case. Petitioner MN CDK LLC Series 3320 Dempster Size of Site Approximately 18,750 ft2 (0.43 acres) with frontage on Dempster Street and Ewing Avenue Existing Zoning & B2 Commercial – vacant land Land Use Proposed NX Neighborhood Mixed-Use in 2021-21P Adjacent Zoning & North R1 Single-Family – detached residences Land Use South B2 Commercial – various retail, service, and restaurant uses East B2 Commercial – bank with a drive-through facility West B2 Commercial – vacant gas station Comprehensive Plan The site is designated as retail/service employment. VOSDOCS-#591365-v1-Master_Plan_Commission_Report_for_2021-22P__site_plan_approval_for_3320-3340_Dempster 8 of 20 Return to 2021-22P SITE INFORMATION  A public sidewalk is available along Dempster Street and Ewing Avenue.  The site is currently vacant land but was previously occupied by a strip mall.  Overhead utilities are located along the north side of the subject site in the adjacent alley.  The site is served by the CTA 250 Dempster bus. The Dempster Pulse Line arterial rapid transit bus route is scheduled to begin station construction this year with operations to begin in 2022; the east- and west-bound St. Louis Station will be less than 850’ from the site. Complete Streets Summary Public sidewalks are available along Dempster Street and Ewing Avenue. ADA Walking, ramps with contrasting color tactile warning indicators are located at McCormick Accessibility Boulevard but not at Ewing Avenue Bicycle accommodations include the Northshore Channel path along McCormick Boulevard to the east, a bike route along East Prairie Road to the west, existing Biking bike lanes to the south on Main Street, and planned bike lanes to the north on Church Street (expected 2022). The subject site is served by Pace Bus Route 250 and will be served by the future Transit Pace Bus Pulse Rapid Transit Service. Subject site is within walking distance of services, shopping, schools, and Elderly, Youth residential neighborhoods. Emergency, Emergency and business delivery access is available via Dempster Street, Ewing Commercial Avenue, and the alley to the north of the site PETITIONER’S SUBMITTAL The petitioner submitted the following information: PROJECT INFORMATION The petitioner, MN CDK LLC 3320, on behalf of the Kriska family, is requesting site plan approval to construct a mixed‐use commercial/residential development at 3320 to 3340 Dempster Street. The site’s current zoning is B2 Commercial; however, a companion case was filed by the petitioner to rezone the site to NX Neighborhood Mixed‐use district. The Village has also filed a Zoning Ordinance Amendment case to increase the NX district’s base floor area ratio (FAR) and add a bonus for proximity to transit services. The subject site is located at the northeast corner of Dempster Street and Ewing Avenue and has an area of 18,750 SF prior to land dedications along Dempster Street and the alley to the north. A 10,000 SF commercial building that occupied the site was recently demolished in anticipation of the approval and construction of the mixed‐use development. The previous building was grandfathered with 17 parking spaces although 32 would have been required for the building based on a 1/300 parking requirement. A Village parking lot VOSDOCS-#591365-v1-Master_Plan_Commission_Report_for_2021-22P__site_plan_approval_for_3320-3340_Dempster 9 of 20 Return to 2021-22P was constructed on the south side of Dempster Street to accommodate the needs of commercial business overflow parking in the area. The proposed mixed‐use building will contain 3,282 SF of commercial space (2,770 Net) on the ground floor and three floors of residential units above that will be offered for rent. The entire ground floor facing Dempster Street will have a commercial façade with large windows that will meet the design criteria. The appearance of the building and landscape plan were approved at the June 9, 2021 Appearance Commission meeting. The building will have 23 residential units on the second through fourth floors. The fourth floor of the building will only be a partial floor in order to reduce the height of the building facing the single-family residential house across the alley to the north and to meet FAR requirements. The south portion of the building will be 45 FT in height, in compliance with the district regulations, and the north portion will be 35 FT in height. The proposed building height will be similar to other multi‐family buildings to the north on Ewing Avenue [There are 5 3-flat homes to the north a 42’6” in height]. The building will contain 1-bedroom (12 units), 2-bedroom (8 units) units, 3-bedroom (2 units), and 4-bedroom (1 unit) units. The third floor of the building will have three- and four-bedroom units with a roof deck. All units will be modern with full luxury amenities; however, they will rent for less than other new proposed rental units in the Village under construction as the units are smaller. The development will meet all NX district regulations. The development will have a 2.50 FAR and a 2.50 FAR would be allowed if amendments are made to the district base FAR and bonuses. The development proposal assumes that the Village will initiate an amendment case to increase the NX district base FAR from 1.40 to 1.65 and add a new .20 bonus for proximity to public transportation facilities/routes. These amendments will apply to all NX district properties and will encourage new development on Dempster, Main, Oakton and other commercial streets currently struggling to fill commercial spaces. The property will be served by the Pulse Dempster Line and the Route 250 bus. The building height and yard setbacks are all in compliance with the NX district requirements. The zoning code only requires a 5 FT building setback from the public alley and the proposed building will be setback 23 FT. Off‐street parking will be provided on site and by paying into the parking fund for 5 spaces, in compliance with the off‐street parking requirements. A total of 39 parking spaces (14 exterior and 25 interior) will be provided on site, while 44 spaces are required based on 9 spaces for the commercial (2,770/300) and 35 spaces for the residential (23X1.50). Relief is requested from Sec. 118‐212 (a)(1) to reduce the required width of a parking space from 9’ to 8’6” (19 spaces) and from Sec. 118‐211 (a)(6) to reduce the width of a space abutting a wall from 10’ to 9-6’ (6 spaces). The reduced width of the parking spaces should not be a problem as all of the interior parking spaces will be used for long term and slow turnover parking. In the past, the village has allowed 8’6” wide parking spaces in garages where structural columns have reduced the width of spaces. The spaces less than 10 FT in width should not be a problem as there is plenty of room to maneuver vehicles in the garage and 3 of the 6 spaces are longer than the walls they are adjacent to. A survey of communities in the area indicated that Chicago, Evanston, Northbrook, and Wilmette require a minimum 8.5’ stall width or less as their standard dimension for parking lots at 90 degrees with a 24’ wide aisle and 18’ stall depth. None of the communities required a wider stall width adjacent to a wall or other obstruction. As parking is limited in the Dempster Street area, even with the Village parking lots, the developer would prefer to provide most of the required parking on site, with slightly reduced stall widths, rather than meet the dimension requirements and thereby reduce the amount of parking. The location of the site on bus routes serving both VOSDOCS-#591365-v1-Master_Plan_Commission_Report_for_2021-22P__site_plan_approval_for_3320-3340_Dempster 10 of 20 Return to 2021-22P the Yellow Line station and Evanston will also reduce the demand for onsite residential parking. Relief is also requested from Sec. 118‐212(i)(1) to reduce the curb setback from 6’ to 5’ for the landscape area along the property line and adjacent to the handicapped parking spaces. This area will be planted with bushes to block the view of the parked vehicles from Ewing Avenue. The 5’ setback is adequate for the bushes to grow and widening the space to the required 6’ would result in the loss of a parking space. Relief is requested from Sec. 118‐ 212(a)(1) to allow the reduction of the drive aisle from 24’ to 21’ by the alley. The petitioner is dedicating 4’ to widen the alley; however, insufficient land is available to widen the alley more. The alley is expected to have adequate width to accommodate traffic. The proposed mixed‐use development will bring new commercial and residential development to the Dempster Street area that is in need of upgrading and has not seen new development in many years. The development will benefit the area while not providing any negative effects as indicated in the submitted Statement of Effects. STATEMENT OF EFFECTS Character of the Neighborhood -The subject development will improve the character of the commercial and residential neighborhoods by providing a new building that will improve the subject site and provide additional tax revenue to the Village and other taxing districts. The elimination of the former vacant commercial building and currently vacant lot will provide a modern well-maintained building. The potential commercial uses on the ground floor will be limited in intensity and the upper floor residential units will not generate significant traffic. Surrounding Property Values - The development will not adversely affect surrounding property values. The limited commercial space on the ground floor will not adversely affect commercial properties that are struggling with vacancies. The two ground floor commercial spaces will be used primarily for office uses that are low intensity and do not generate significant vehicle traffic. The upper story residential units have been setback 23 feet from the public a!ley that will be widened an additional 4 FT to be 20 FT wide, providing a 39 FT setback to the residential property to the north. There is a mix of residential building types on Ewing Avenue that includes multiple story buildings with a height similar to the proposed building. Vehicle traffic from the building will be using Dempster Street as its primary access and will not affect the residential neighborhood. Overall the surrounding property values should be increased by the elimination of the previously vacant commercial building and the development of the currently vacant lot. Traffic Conditions - The development will not adversely affect traffic conditions on Dempster Street or the residential properties to the north. A traffic analysis was not requested by the Village as the development is not expected to develop high traffic volumes. Dempster Street will be the primary vehicle access to the building and it has the capacity to handle the traffic generated by the building, which would be considerably less than a drive-thru restaurant that could be developed on the site. All of the parking for the building will be contained on the site or in a Village lot for which the petitioner is paying for 5 parking spaces. The previous commercial building on the site would have had a greater impact on the residential neighborhood when full rented as it had a parking deficit of 15 parking spaces (1 Space/300 SF). There is a public parking lot on the south side of Dempster Street that was construct to provide parking for commercial developments along Dempster Street that may have overflow parking. VOSDOCS-#591365-v1-Master_Plan_Commission_Report_for_2021-22P__site_plan_approval_for_3320-3340_Dempster 11 of 20 Return to 2021-22P Public Utilities - The development will not have any adverse effect on public utilities. Electrical, gas, sewer and water utilities are all adequate to serve the development without adversely impacting neighboring property. ComEd and the Village have already reviewed the utilities and have not recommended any facility upgrades. Storm Water Detention - The development will not cause storm water detention of runoff problems. The development will meet all Village and MWRD storm water detention requirements. The previous development did not meet these current requirements and could potentially have contributed to area flooding issues. Public Health, Safety, Morals and General Welfare of the Community - The development will not have any negative effect on public health, safety, morals or the general welfare of the community. The development will be in compliance with all Village codes and ordinances. The limited first floor commercial space will not attract intense uses that would be disruptive. The upper story residential units will be professionally managed to insure the quiet enjoyment of the units and neighboring property. STAFF ANALYSIS All pertinent departments and divisions were offered an opportunity to comment on this case. The Forestry, Engineering, and Planning Divisions, provided comments on the subject case. Forestry Forestry recommends a more upright specie such as ginkgo or Prairie sentinel hackberry for the new parkway trees on Dempster. Engineering Division The site plan shows 39 vehicle parking spaces, and 45 are required, assuming the commercial spaces are occupied by uses with a 1 space per 300 ft2 parking ratio for general retail and office. However, only 1 ADA parking space is required based on the number of non-residential spaces provided. Staff recommends attempting to reconfigure the parking spaces off the alley to see if an additional 9’-wide standard space could be provided. The current deficit is 6 parking spaces. In mixed-use zoning districts, since relief from providing required off-street motor vehicle parking is not permitted, a payment must be made to the Village, to be held in a reserve account to provide for the acquisition, erection, construction, or installation of public parking structures or lots, for each deficient required parking space. The current contribution rate is $15,000 for each of the first 5 parking deficient spaces and $24,000 for each additional parking space requested thereafter. The fee must be paid prior to the issuance of a building permit. Engineering has the following additional comments on the plan: 1. Parking will not be allowed north of the new driveway on Ewing. §106-103 states that no parking allowed 15’ from both a driveway or an alley. VOSDOCS-#591365-v1-Master_Plan_Commission_Report_for_2021-22P__site_plan_approval_for_3320-3340_Dempster 12 of 20 Return to 2021-22P 2. A 4-foot alley dedication is required and indicated on the site plan. Commercial alleys are required to be 20’ wide total. The alley is currently 16’ wide. 3. A 7-foot street dedication is required on Dempster Street and indicated on the site plan. Arterial roads are required to be 40’ wide from the centerline (80’ total). The street is currently 33’ wide to centerline. 4. The minimum width for a standard parking stall is 9’ feet. However, applicant asking relief for garage parking spaces width. Staff is supportive of 8'-6" indoor garage parking spaces, as they will have low turnover and will be assigned to the residential users familiar with the garage. 5. The minimum width for a standard parking stall adjacent to a wall is 10’. Staff is also supportive of 9'-6" width parking spaces for the indoor garage parking spaces. Please note that an IDOT permit is required for all work within the Dempster Street right-of-way. Planning Division The Planning Division is supportive of the proposal, subject to minor site plan modifications. The petitioner described in detail much of what is usually in the Planning Division comments. Staff has confirmed that the proposed FAR of the building is 2.50. This includes land being added to the alley and Dempster Street. Subject to the passage of 2021-20P, amending the FAR table for NX, the project is eligible for: Base 1.65 25% ground floor commercial 0.15 Public art 0.15 Lot facing 2 streets 0.20 Plaza between 300 ft2 -1000 ft2 0.15 Proximity to an arterial rapid transit station 0.20 Total 2.50 The FAR and other design requirements are met. Staff supports the Appearance Commission’s requirement to relocate the sidewalk to the new property line and creating a parkway along the curb, creating a bigger buffer between pedestrians and the Dempster Street motor vehicle traffic. This would support Skokie’s Complete Streets Policy, enabling people of all ages and abilities to comfortably travel through Skokie by a variety of options, including on foot. The site plan does not reflect the change and must be modified. Also, 1 bike rack is required for the commercial uses, and may be located in the Ewing Street right-of-way. The residential use requires 5 bicycle parking spaces. The spaces must be designed consistent with §118-221. The payment in lieu for 6 parking spaces included the 3 residential guest spaces and 3 of the commercial spaces. If the modification to the second accessible parking space to convert it to a 9’ standard parking space cannot be accommodated due to the location VOSDOCS-#591365-v1-Master_Plan_Commission_Report_for_2021-22P__site_plan_approval_for_3320-3340_Dempster 13 of 20 Return to 2021-22P of the utility pole in the alley, Staff recommends reducing the parking lot curbing distance from the right-of-way line an additional foot to 4’. Staff is further supportive of the 21’ drive aisle, which include the widened alley. Due to the shallowness of the lot and the choice between a narrower driveway or a shallower commercial space, the deeper more leasable commercial space takes precedence. APPEARANCE COMMISSION On June 9, 2021, the Appearance Commission approved the façade and landscape plan subject to conditions in 2021-042A. STAFF RECOMMENDATIONS Staff recommends that the petitioner’s request for site plan approval for mixed-use commercial and residential building with an FAR not to exceed 2.50, which is in excess of the base FAR but below the maximum FAR for the zoning district at 3320-3340 Dempster Street in an NX Neighborhood Mixed-Use zoning district be APPROVED based upon the Proposed Positive Findings of Fact and subject to the recommended site plan approval conditions listed below. Staff further recommends relief from the following sections of the Skokie Village Code: 5. §118-212(a)(1) to allow a reduction in width of stall from 9’ to 8’-6 6. §118-212(a)(1) to allow a reduction in aisle width from 24’ to 21’ (per §118- 212(a)(5)) 7. §118-212(a)(6) to allow a reduction in width of stall from 10’ to 9’-6 8. §118-212(i)(1) to allow a reduction in minimum distance of a surface parking lot curb from the property line from 6’ to 4’. RECOMMENDED SITE PLAN APPROVAL CONDITIONS 1. Prior to the hearing of the subject case before the Board of Trustees, the petitioners must add to the site and landscaping plan: a. The 4-foot alley dedication to the site and landscaping plan. b. The 7-foot street dedication to Dempster Street and to the site plan. c. Relocation of the Dempster sidewalk to the new property line (after the dedication) relocate the street trees, and create a grass parkway consistent with the decision of the Appearance Commission. d. Bicycle parking spaces for 6 designed and located consistent with §118- 221 and §118-222. The 1 commercial bike parking space may be located in the Ewing right-of-way. VOSDOCS-#591365-v1-Master_Plan_Commission_Report_for_2021-22P__site_plan_approval_for_3320-3340_Dempster 14 of 20 Return to 2021-22P e. Change the parkway tree species along Dempster Street to a more upright species, subject to the approval of the Forester. 2. Prior to the hearing of the subject case before the Board of Trustees, the petitioner must prepare a plat of dedication for 4’ of right-of-way along the length of the alley and 7’ of right-of-way along the length of Dempster Street and submit it to the Engineering Division for review. 3. The petitioner shall develop the Subject Property in substantial conformance with the final Village approved site and landscaping plan dated <insert date of final approved plan>, floor plans dated <insert date of final approved plan>, and building elevations dated <insert date of final approved plan>. (Standard) 4. Upon the passage of the ordinance by the Board of Trustees, the Mylar of the dedication must be submitted to the Village with all signatures other than Village staff or officials. (Standard) 5. Prior to the issuance of building permits, the petitioner shall submit a temporary pedestrian and bicycle circulation plan, including routing, signage, and barriers, to be in place prior to the commencement of construction, subject to the approval of the Engineering Division. (Standard) 6. Prior to the issuance of building permits, the developer must pay into the Downtown Parking Fund the value of the deficient number of required commercial parking spaces as prescribed in the Village Code, $99,000 for the credit of 6 commercial parking spaces. If any use on the ground floor causes the on-site parking deficit to exceed the number of parking spaces credited, additional payment may need to be made in the Fund. 7. No restriction of use may be placed on the commercial space that is more restrictive than is allowed in the Skokie Village Code. (Standard) 8. No parking shall be provided on-site for any user of the ground floor commercial tenant spaces. (Standard) 9. The 8 vehicle parking spaces off the alley closest to Ewing are reserved for commercial tenants or customers of the building and may not be used for parking vehicles of residents of the building. (Standard) 10. The area designated on the approved site plan for public art shall be for art provided by the developer, approved by the Public Art Advisory Committee, or a contribution made to a public art fund of 1% of the permit value of the building. 11. 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. (Standard) 12. All existing damaged public sidewalks or public sidewalks damaged due to the implementation of this plan shall be replaced. (Standard) VOSDOCS-#591365-v1-Master_Plan_Commission_Report_for_2021-22P__site_plan_approval_for_3320-3340_Dempster 15 of 20 Return to 2021-22P 13. No objects are allowed within a 15’ sight distance triangle between 30” and 84” from grade except traffic control devices listed in the Manual on Uniform Traffic Control Devices. (Standard) 14. Prior to the issuance of building permits, the petitioner shall submit a temporary pedestrian and bicycle circulation plan, including routing, signage, and barriers, to be in place prior to the commencement of construction, subject to the approval of the Engineering Division. (Standard) 15. 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) 16. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other objects that may impede travel. (Standard) 17. All off-street parking spaces shall be legibly striped and maintained. (Standard) 18. Any plan to modify parking lot striping must be approved by the Director of Engineering. (Standard) 19. Vehicles shall not be allowed to be parked in or otherwise block common driveways, sidewalks, aisles, or other points of access at any time, shall only be parked in designated parking spaces, and shall not overlap the striped lines of designated parking spaces. (Standard) 20. Cable access shall not be denied to any residents in the building. All cable providers shall be given access to provide service. All cable and other fixtures necessary to provide service to the building shall be placed underground and conduit shall be provided inside the building for wiring. (Standard) 21. All utilities on the Subject Property shall be placed or relocated underground. The petitioner shall bear the full cost of any utility relocation and/or conflicts. (Standard) 22. All new construction, alterations, and remodeling shall meet current International Building and NFPA Life Safety Codes as amended. (Standard) 23. The petitioner shall obtain all required permits and approvals for improvements to County, State, or Federal rights-of-way from the governing jurisdiction. (Standard) 24. 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. (Standard) 25. All signage shall conform to the Skokie Village Code<, except as provided in this ordinance>. 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. (Standard) 26. All modifications to building elevations, signage, and landscaping shall be subject to the review and approval of the Skokie Appearance Commission. (Standard) 27. 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 VOSDOCS-#591365-v1-Master_Plan_Commission_Report_for_2021-22P__site_plan_approval_for_3320-3340_Dempster 16 of 20 Return to 2021-22P shall be scaled 2-dimensional drawing files on non-compressed, non-read only CD- ROM *.dwg AutoCAD format. (Standard) 28. 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. (Standard) 29. 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) 30. The petitioner shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. (Standard) 31. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to initiate hearings to determine whether the subject Ordinance, as well as any applicable business licenses, should be revised or revoked. The petitioner shall pay all costs related to any hearings conducted as a result of non-compliance with any of the provisions of the enabling ordinance. The costs shall include but not be limited to court reporter fees, attorney fees, and staff time required researching and conducting said hearing. (Standard) ATTATCHMENTS 1. Proposed Findings of Fact for 2021-22P 2. Site and Landscaping Plan, dated July 13, 2021 3. Floor Plan, dated July 7, 2021 4. Elevations, dated, July 7, 2021 5. Building Renderings, undated 6. Aerial Map for 2021-22P VOSDOCS-#591365-v1-Master_Plan_Commission_Report_for_2021-22P__site_plan_approval_for_3320-3340_Dempster 17 of 20 Return to 2021-22P Return to 2021-22P Return to 2021-22P DRAFT Plan Commission Meeting Minutes Date: August 19, 2021 A motion was made by Commissioner Burman and seconded by Commissioner Franklin to approve the minutes of the July 15, 2021 Plan Commission meeting. Case Description: 2021-21P – Zoning Map Amendment: 3320-3340 Dempster Street MN CDK LLC Series 3320 Dempster is requesting a zoning map amendment of 3320-3340 Dempster Street from B2 Commercial to NX Neighborhood Mixed-Use. 2021-22P – Site Plan Approval: 3320 Dempster Street MN CDK LLC Series 3320 Dempster is requesting site plan approval for mixed-use commercial and residential building with an FAR of approximately 2.50, which is in excess of the base FAR but below the maximum FAR for the zoning district; relief from the following sections of the Skokie Village Code: 118-212(a)(1) to allow a reduction in width of stall from 9’ to 8’-6, 118- 212(a)(1) to allow a reduction in aisle width from 24’ to 21’ (per 118-212(a)(5)), 118-212(a)(6) to allow a reduction in width of stall from 10’ to 9’-6, and 118-212(i)(1) to allow a reduction in minimum distance of a surface parking lot curb from the property line from 6’ to 5’; and any other relief discovered during the review of this case. PINs: 10-14-424-027-0000, 10-14-424-028-0000, 10-14-424-029-0000, 10-14-424-030-0000, 10-14-424-031-0000 As both cases were related, they were discussed together but voted on separately. Discussion and Interested Parties Legal notice was advertised, posted, and delivered to all property owners within the area as prescribed by the Zoning Chapter. Corporation Counsel determined that notice was proper and correct. Jeremy Kriska represented the applicant, MN CDK LLC, for these cases. The developer was in the audience but did not speak. They are requesting a zoning map change from B2 Commercial to NX Neighborhood Mixed-Use to construct a commercial/residential building at the corners of Dempster Street and Ewing Avenue. They received approval from the Appearance Commission at the June 9, 2021 meeting. Under the current B2 commercial zoning, upper story residential units are not permitted. The area is now vacant land previously used as an underutilized strip shopping center. The NX zoning is intended for commercial areas adjacent to single-family zoning districts. There is a high demand and limited supply of modern multi-family housing. The upcoming Pulse Dempster Transit Line will encourage new development in this area. There will be 3 stories of rentals (23 units) above 2 ground floor commercial units with a partial 4th floor on the south side. These modern units will have luxury amenities but will rent for less because they will be smaller than other modern rental units. Single-family detached residences are located to the north. Thirty-nine off-street parking spaces will be provided (14 exterior and 25 interior) along with payment into the parking fund for 5 spaces to satisfy the off-street parking requirements. Staff explained that there is no obtainable relief or variance for a parking deficit in the mixed-use VOSDOCS-#591365-v1-Master_Plan_Commission_Report_for_2021-22P__site_plan_approval_for_3320-3340_Dempster 18 of 20 Return to 2021-22P districts other than paying into the Village’s reserved parking fund. Nine space will be required for the commercial uses. For a building of this size, only 1 handicap space is necessary. Therefore, if parking is re-configured, the second handicap space could be converted to a regular space. There is a public parking lot close by which will be used by employees of the commercial spaces as well as overflow parking for the building. A commissioner cautioned that the public will need to be aware that there is no parking on Dempster Street. A 4-ft alley dedication is also required and shown on the site plan to transform the 16-ft alley into a 20-ft commercial alley. A 7-ft street dedication on Dempster Street is required to widen the arterial road to 40-ft from centerline; also shown on the plan. A commissioner asked about access to the ground floor retail units. Mr. Kriska pointed out that there are two separate commercial spaces; one set of doors will face Dempster Street and another separate set of doors at the corner of Ewing Avenue for the eastern unit. Another commissioner asked about loading spaces for the commercial units. Mr. Kriska stated that for a building of this size, no separate loading dock is necessary. A commissioner inquired if the rental units would have designated parking spaces. Staff stated that only commercial & guest parking spaces would be differentiated. Staff requested that the reports be entered into the record as presented as well as a memo written by the Community Development Director regarding the environmental review of the project. He explained the concept of the Pulse system as a set of Pace buses (other than the Pace 250 bus) with limited stops and express service that will travel along Dempster Street. Staff summarized the requested items of relief such as the parking stall width for the interior spaces and the extra foot required when the space is against a wall. Curbing will be setback 5-ft instead of 6’. Staff is in agreement with the Appearance Commission requirement to relocate the sidewalk to the new property line and creating a parkway along the curb to add a bigger buffer between pedestrians and vehicular traffic on Dempster Street. A commissioner asked about the placement of bike racks. Staff answered that 1 would be required by the entrance and another inside the parking area. Chris Embick, 8815 Forestview Drive, wanted clarification that the internal parking spaces were for residents as well as 2 outside spaces. He also voiced pedestrian and traffic concerns since Dempster Street is heavily congested at rush hour and thought that there will be a conflict with cars coming out of the garage. He pointed out that there is no pedestrian secure walkway to the Pace bus stop across the street. Staff stated Dempster is state highway and Skokie has less control. There will be no curb cuts made on Dempster to interfere with cars and being on the Dempster Pulse Line and Pace 250 bus routes, there should be reduced vehicle use. Also mentioned was the fact that if the strip mall was fully occupied or an office building use was located at the site, it would be a greater traffic impact to the residential neighborhood. The chairman added that, historically speaking, at commercial/residential developments there is less heavy traffic coming & going than if it was occupied by a retail use. Mr. Kriska, in closing, accepted the staff recommendations listed in Case 2021-21P and is pleased with the staff support for the project but has concerns with some the recommendations of Case 2021-22P. It was decided that in Condition #2 staff would modify the language for the 7-ft ROW dedication or conveyance of land prior to the building permit process. In Condition #6, staff would, if needed, adjust the number of spaces and amount to be deposited into the parking fund after a review by the Traffic Engineer. VOSDOCS-#591365-v1-Master_Plan_Commission_Report_for_2021-22P__site_plan_approval_for_3320-3340_Dempster 19 of 20 Return to 2021-22P Recommendations and Voting Case 2021-21P A motion was made to approve, as presented, the request for a zoning map amendment for 3320-3340 Dempster Street from B2 Commercial to NX Neighborhood Mixed-Use. Motion: Burman Second: Shah Absent: Lakhani & Mitchell Ayes: 7 Nays: 0 Case 2021-22P A motion was made to approve, as presented with conditions amended, the request for site plan approval for a mixed-use commercial and residential building with an FAR of approximately 2.50 and relief from various sections of the Skokie Village Code such as to allow a reduction in width of stall from 9’ to 8’6, to allow a reduction in width of stall from 10’ to 9’6 when the stall is adjacent to a wall, to allow a reduction in minimum distance of a surface parking lot curb from the property line from 6’ to 5’, and to allow a reduction of aisle width from 24’ to 21’. Conditions amended were: Condition #2 to modify the language for the 7’ ROW land dedication or conveyance prior to building permits. Condition #6 to adjust the number of spaces and amount, if needed, after a review by the Traffic Engineer. Motion: Burman Second: Mathee Absent: Lakhani & Mitchell Ayes: 7 Nays: 0 The chairman made an announcement that this meeting is the last for Planning Supervisor, Steve Marciani, as he submitted his resignation to take a position with the Village of Orland Park. The commissioners said their good-byes, wished him good luck, and thanked him for his service to Skokie. They will miss him as a village professional and a friend. VOSDOCS-#591365-v1-Master_Plan_Commission_Report_for_2021-22P__site_plan_approval_for_3320-3340_Dempster 20 of 20 Return to 2021-22P Return to 2021-22P Cases 2021-21P/22P - 3320-40 Dempster St 0 150 300 Print Date: 7/20/2021 Notes Plan Commission meeting of 8 ft -19-2021 Disclaimer: The GIS Consortium and MGP Inc. are not liable for any use, misuse, modification or disclosure of any map provided under applicable law. This map is for general information purposes only. Although the information is believed to be generally accurate, errors may exist and the user should independently confirm for accuracy. The map does not constitute a regulatory determination and is not a base for engineering design. A Registered Land Surveyor should be consulted to determine precise location boundaries on the ground.