Muyni
← Back to Skokie

Plan Commission

Regular Meeting

Skokie, IL · October 5, 2023

AgendaMinutes

Minutes

Plan Commission Approved Summary Meeting Minutes Date: October 5, 2023 The Chairman called the roll recognizing that there was a quorum present. One commissioner, Peter Ousley, was absent. Case Description: 2023-23P: Special Use Permit: 5219 Touhy Avenue Rubin Skokie, LLC, on behalf of VCA Animal Hospitals, requests a special use permit for veterinary services in a B2 Commercial zoning district, and any relief that may be discovered during the review of this case. PIN: 10-33-101-104-0000 Discussion and Interested Parties Legal notice was advertised, posted, and delivered to all property owners as prescribed by the Zoning Chapter. Corporation Counsel determined that notice was proper and correct. Steven Rich, of the asset management team of VCA Animal Hospitals, and Peter Wren, architect presented the case. VCA Animal Hospitals have 900 facilities across the country providing urgent care to family pets who do not require an ER visit. They are an outpatient care facility where they deliver diagnosis, treat and send home, or refer to other professional specialists. When comparing services, they equate to an immediate care center for people. Mr. Rich spoke of their unique business model. When an appointment is made, clients can go about their day and receive a text approximately 30 minutes prior to the appointment instructing when to bring the animal in to be seen; it saves time in the waiting room which causes more anxiety to both owner and pet. Hours of operation would be 6 days a week from 10AM to 8PM but they are flexible to adjust the hours if needed. Commissioner Minchella wanted confirmation that surgery is not performed at this facility. Commissioner Berman asked if affiliated with the Mars Veterinary Health network, would they use their own group members for referrals or local veterinarians. He also asked if they board animals overnight. Mr. Rich stated that they do not compete with 911 vets but rather are an additional resource. Staff requested the report to be accepted into the record as written and is supportive of the request. The floor plan shows a general lobby, offices, diagnosis areas, and pharmacy in the previous mattress store at the west end of the shopping center. A complimentary use, Bentley’s pet store, also is located in the center. In their written comments, the Fire Department requests the depiction of the Starbuck’s drive- through lane on plans in order to determine the impact to the egress door that is located on the south side. They also want the door widths labeled as well as rooms dimensioned. Removal of “Suite 5217”, future doors, and the demising wall between 5217 and 5219 as well as adding the 614579 - Plan Commission meeting minutes – October 5, 2023 – 2023-24P square footage for the combined spaces. Staff also talked about the modified review case from 2022 which gave relief to the shopping center for 3 parking spaces. Landscaping needs to be brought back to compliance with the approved plan. Shrubs are missing in the landscaped area on the north side and a lilac tree was removed from the landscaped area east of the subject site. Commissioner Berman asked if the plantings should be the responsibility of the shopping center and not of the new tenant. Staff explained that whenever a new business opens, the landscaping requests are tied to the site and it should be taken care of before opening either by the tenant or owner. Commissioner Burman stated that there is a litter issue at the center. The owners or Starbucks do not maintain the site. They don’t adhere to the 4-hour litter rule. Demands made to the owner go unheard. Staff stated that litter control is embedded into the ordinance and they will follow up with Starbucks alone and not the whole center. The petitioner was in agreement to all conditions and had no further comments. Recommendations and Voting A motion was made to approve, as presented, the request for a special use permit for veterinary services in a B2 Commercial zoning district at 5219 Touhy Avenue. Motion: S. Berman Second: E. Minchella Absent: P. Ousley Ayes: 8 Nays: 0 Case Descriptions: 2023-24P: Subdivision: 5206-5238 Touhy Avenue Bond Touhy, LLC, requests a resubdivision of 1 lot into 2 lots in a B2 Commercial zoning district, and any relief discovered during the review of this case. 2023-25P: Site Plan Approval: 5206-5238 Touhy Avenue Bond Touhy, LLC, request site plan approval in a B2 Commercial zoning district that includes an existing multi-tenant commercial building and a new limited-service restaurant with a drive- through, relief from §118-218 to provide 135 parking spaces rather than the 146, and any other relief discovered during the review of this case. 2023-26P: Special Use Permit: 5206 Touhy Avenue Bond Touhy, LLC, requests a special use permit in a B2 Commercial zoning district for a limited- service restaurant with drive-through for Popeye’s at 5206 Touhy Avenue, and any relief discovered during the review of this case. 614579 - Plan Commission meeting minutes – October 5, 2023 – 2023-24P 2023-27P: Special Use Permit: 5206 Touhy Avenue Bond Touhy, LLC, requests a special use permit in a B2 Commercial zoning district for outdoor dining at Popeye’s at 5206 Touhy Avenue, and any relief discovered during the review of this case. PIN: 10-28-313-036-0000 Discussion and Interested Parties Legal notice was advertised, posted, and delivered as prescribed by the Zoning Chapter. Corporation Counsel determined that notice was proper and correct. As these cases are related, they were discussed together as a group but voted on separately. Ellyse Murphy and Jake Greenberg of Bond Touhy, LLC gave an overview the cases. A one- story Popeye’s Chicken limited service restaurant is proposed to locate in an outlot at the corner of Touhy and Laramie Avenues of an existing multi-tenant commercial building (Touhy Plaza Shopping Center). A petition to re-subdivide the existing single parcel into 2 lots is also being requested. The majority of the shopping center will be contained as Lot 1 and the proposed Popeye’s restaurant, drive-through lane, outdoor dining area, parking spaces and driveways will make up Lot 2. They are requesting a drive-through component as well as outdoor dining. With the mix of uses at the shopping center, the addition of the Popeye’s is reasonable and a good fit in the Touhy Avenue corridor. As the center is 20% overparked, the applicant is requesting parking space relief to provide 136 parking spaces instead of the required 145. The center will lose 30 parking spaces but gain 13 at the north end; most likely for employee parking. Pepboys is transitioning from a retail/service business to repair only with Advance Auto Parts taking over the retail space. Orange Theory, Sketchers, and Qahwah House are the remaining tenants of the site. They noted that the Dunkin’ Donuts restaurant located across Laramie was previously approved for a 30% reduction of the required parking at their public hearing in 2022. Popeye’s expects about 60% of their business from their drive-through and has provided 9 stacking spaces. According to their standards, it will only take 3 minutes maximum from order board to pick-up window. As they submitted prior to the changes made to drive-through provisions, they are not obligated to adhere to all the conditions but have agreed to include mobile ordering, no deliveries during peak hours, and screening the drive-through from Touhy Avenue with shrubbery and landscaping. The outdoor dining area will be located at the northwest side of the building with 2 tables and seating for 4 at each table and will include a trash receptacle. Exterior lighting will be installed so that the patio can be utilized in the evening. The space will be partitioned off by a decorative metal fence. 614579 - Plan Commission meeting minutes – October 5, 2023 – 2023-24P Staff requested the report to be accepted into the record as written. There were many concerns from staff which revolved around circulation, parking, and landscaping. The Fire Department had reservations about fire truck access. After multiple versions and reviews, staff is in support of the project with relief for 136 parking spaces as a trade-off for keeping the large, mature trees on the east side of the site. A condition will be added to encourage continued discussion regarding a “Plan B” to remedy a possible issue if the stacking line falls behind. Commissioner Burman noted that between the Touhy and Laramie intersection and Village Crossing Shopping Center, there are 20 fast food restaurants. With 2 new fast food restaurants exiting on Touhy he voiced some uneasiness of the increased traffic in the area. Orange Theory has more than 12 cars taking up their parking spaces which stay parked longer than the 1-hour classes. Pepboys doesn’t keep cars parked in the 9 interior bays. They also have parking on the east side with cars parked either waiting for repairs to be done or waiting to be picked up. He asked staff if there were any neighbor complaints regarding traffic on Laramie. Staff stated that Traffic Engineering was generally supportive of the requests. Commissioner Gupta also verified that large trucks park in the lot for days at a time. Commissioner Franklin offered that cars can exit onto Touhy from the west end of the center to go westbound. Commissioner Berman asked about the pedestrian access going across the stacking line. Staff commented that the same model is utilized at Culver’s with no issues. Ms. Murphy acknowledged the generous amount of help and guidance from staff in getting this proposal to its current acceptable status. Recommendations and Voting Case 2023-24P: Subdivision A motion was made to approve, as presented, the request for a resubdivision of 1 lot into 2 lots in a B2 Commercial zoning district at 5206-5238 Touhy Avenue. Motion: S. Berman Second: C. Franklin Absent: P. Ousley Ayes: 8 Nays: 0 Case 2023-25P: Site Plan Approval A motion was made, as presented, for site plan approval that includes an existing multi-tenant commercial building and a new limited-service restaurant with drive-through, at 5206-5238 Touhy Avenue. Motion: R. Mathee Second: Gupta Absent: P. Ousley Ayes: 7 Nays: 1(Burman) 614579 - Plan Commission meeting minutes – October 5, 2023 – 2023-24P Item of Relief accepted for 136 parking spaces rather than 145 required at 5206-5238 Touhy Avenue. Motion: S. Berman Second: R. Mathee Absent: P. Ousley Ayes: 7 Nays: 1(Burman) Case 2023-26P: Special Use Permit for Drive-Through A motion was made to approve, as presented, a special use permit for a Popeye’s limited-service restaurant with a drive-through at 5206 Touhy Avenue with a condition added to continue discussion of management plan for possible issues when stacking line falls behind. Motion: S. Berman Second: R. Mathee Absent: P. Ousley Ayes: 7 Nays: 1 (Burman) Case 2023-27P: Special Use Permit for Outdoor Dining A motion was made to approve, as presented, for a special use permit for an outdoor dining area at a Popeye’s limited-service restaurant at 5206 Touhy Avenue. Motion: S. Berman Second: V. Gupta Absent: P. Ousley Ayes: 7 Nays: 1 (Burman) 614579 - Plan Commission meeting minutes – October 5, 2023 – 2023-24P

Agenda

Meeting Agenda Plan Commission Meeting Thursday, October 5, 2023 at 7:30 P.M. Village of Skokie Council Chambers 5127 Oakton Street Skokie, IL 60077 I. Call to Order/Declaration of Quorum II. Roll Call III. Approval of Minutes IV. New Business 2023-23P – Special Use Permit: 5219 Touhy Avenue Rubin Skokie, LLC, on behalf of VCA Animal Hospitals, requests a special use Staff Report permit for veterinary services in a B2 Commercial zoning district, and any relief that may be discovered during the review of this case. PIN: 10-33-101-104-0000 2023-24P – Subdivision: 5206-5238 Touhy Avenue Bond Touhy, LLC, requests a resubdivision of 1 lot into 2 lots in a B2 Commercial Staff Report zoning district, and any relief discovered during the review of this case. PIN: 10-28-313-036-0000 2023-25P – Site Plan Approval: 5206-5238 Touhy Avenue Bond Touhy, LLC, requests site plan approval in a B2 Commercial zoning district Staff Report that includes an existing multi-tenant commercial building and a new limited- service restaurant with drive-through, relief from §118-218 to provide 135 parking spaces rather than the required 146, and any other relief discovered during the review of this case. PIN: 10-28-313-036-0000 2023-26P – Special Use Permit: 5206 Touhy Avenue Bond Touhy, LLC, requests a special use permit in a B2 Commercial zoning district Staff Report for a limited-service restaurant with drive-through for Popeye’s at 5206 Touhy Avenue, and any relief discovered during the review of this case. PIN: 10-28-313-036-0000 2023-27P – Special Use Permit: 5206 Touhy Avenue Bond Touhy, LLC, requests a special use permit in a B2 Commercial zoning district Staff Report for outdoor dining at Popeye’s at 5206 Touhy Avenue, and any relief discovered during the review of this case. PIN: 10-28-313-036-0000 100523 Meeting_Agenda_-_Plan_Commission V. Old Business VI. Public Comment (for non-agenda items) Next Meeting will be October 19, 2023 at 7:30 P.M. VII. Adjournment Written comments can be submitted by email to publiccomments@skokie.org or by mail to Village of Skokie, Attn: Johanna L. Nyden, Community Development Director, 5127 Oakton Street, Skokie, Illinois, 6077; or via the Village’s drop box located by the public entry to Village Hall. 100523 Meeting_Agenda_-_Plan_Commission Plan Commission Draft Summary Meeting Minutes Date: September 21, 2023 The Chairman called the roll recognizing that there was a quorum present. One commissioner was absent. Case Descriptions: 2023-22P: Special Use Permit: 7520 Skokie Boulevard #102 and #103 7520 Skokie, LLC, on behalf of Agape Life Center Ministries, requests a special use permit in a B2 Commercial zoning district for religious assembly at 7520 Skokie Boulevard #102 and #103, and any relief discovered during the review of this case. PINs: 10-28-408-046-0000 and 10-28-408-047-0000 A letter of support from a residential neighbor was added to the record. Discussion and Interested Parties Legal notice was advertised, posted, and delivered as prescribed by the Zoning Chapter. Corporation Counsel determined that notice was proper and correct. Pastor Arlem Brown of the Agape Life Center Ministries presented the case. The church has been operating since 2005 and occupying this building since 2015. He last appeared before the Plan Commission in 2018 with the request to construct a social hall next to the worship space. He was granted approval, but the renovation work was never initiated. His current proposed plans are to now re-configure and enlarge the 85-seat sanctuary with 2 new offices and coat rooms to the south of the worship space. Pastor Brown explained that post COVID, they have been holding additional services including live streaming. They need more space on the main platform for the multimedia broadcast equipment. Service times are on Sundays, and Tuesday and Friday nights. There are no weekday church activities, but they do maintain an office at 7514 Skokie Boulevard. Staff requested that the report be accepted into the record as presented. In 1992, the Zoning Board of Appeals granted a parking variance allowing 33 parking spaces instead of the 48 required spaces because of the change in use from an art gallery to an office building. Due to a re-configuration of the parking lot, it has been determined that now 31 parking spaces are provided, therefore, no new relief or variance would be needed. Two parking spaces will be converted into a single handicapped-accessible space resulting in the loss of 1 space for a total of 30 spaces. Commissioner Berman wanted confirmation that the re-vamping of the sanctuary will not affect the seating or the parking. Pastor Brown is in agreement with the staff’s recommended conditions and had nothing more to add. 614287 - Plan Commission meeting minutes – September 21, 2023 Recommendations and Voting A motion was made to approve as presented, the special use permit request for religious assembly at 7514 Skokie Boulevard #103 and 7520 Skokie Boulevard #102 and #103 in a B2 Commercial zoning district. Motion: J. Burman Second: T. Gevaryahu Absent: E. Minchella Ayes: 8 Nays: 0 614287 - Plan Commission meeting minutes – September 21, 2023 ÿ %&'(%ÿ*+,-.&ÿ+/ÿ012%-.ÿ3&(4-*'ÿ ÿ 355ÿÿ5 !!6ÿ78!9:6ÿ2ÿ6ÿ# 6ÿ1ÿÿ3556ÿ9 ;ÿ25ÿ36ÿ 3556ÿ<!ÿ8##;;6ÿÿ;=#ÿ>">6ÿÿ!9ÿ8ÿ?=ÿ ÿ *&@ÿ (.,-+*ÿ ,(A&*ÿ BCBDEBD0ÿFÿGHIJKLMÿ1NIÿ0IOPKQRÿSBTUÿ,VWXYÿ(ZI[WIÿ ]^^9ÿ!ÿ \ÿ3556ÿ56ÿÿ8ÿÿ15]ÿ] ÿ!^!6ÿ_!!ÿÿ!^ÿ!ÿ ^c!6#69ÿ9ÿ ^ ÿÿ:ÿ!!ÿÿÿ` ÿ5 ÿaÿ9!6ÿ9ÿ:ÿ ÿ8ÿ :ÿÿ9!9ÿ9ÿ8ÿ?ÿÿ8!ÿ!>ÿ <=ÿ9#6 69#969#b6####ÿ BCBDEBd0ÿFÿGWefKZKNKV[RÿSBCgESBDhÿ,VWXYÿ(ZI[WIÿ ]^^9ÿ!ÿ `9ÿ78:6ÿ56ÿ_!!ÿÿ!9!ÿÿ9ÿÿÿÿ!ÿÿÿ` ÿ ^!9ÿ 5 ÿaÿ9!6ÿ9ÿ:ÿÿ9!9ÿ9ÿ8ÿ?ÿÿ c6#69ÿ 8!ÿ!>ÿ <=ÿ9#6c69 6# 86####ÿ BCBDEBS0ÿFÿGKQIÿ0ML[ÿ(HHOVZLMRÿSBCgESBDhÿ,VWXYÿ(ZI[WIÿ ]^^9ÿ!ÿ `9ÿ78:6ÿ56ÿ_!!ÿ!ÿ^ÿ^^ÿÿÿ` ÿ5 ÿaÿ ^!9ÿÿ 9!ÿ8ÿ9!ÿÿi!ÿ 6ÿ ÿ9ÿ9ÿÿ?ÿ ;6969ÿ  96!ÿ!ÿ?8ÿ96886ÿÿ ÿj99c69cÿÿ ÿ ^9ÿ9 ÿ^5ÿ!^!ÿ8ÿ8ÿ8ÿ_9ÿ9b86ÿ9ÿ:ÿ8ÿ < ÿÿÿ ÿ9!9ÿ9ÿ8ÿ?ÿÿ8!ÿ!>ÿ ^9ÿÿ <=ÿ9#6c69 6# 86####ÿ 9 ÿ^5ÿ !^!ÿ!9ÿ ÿ9b8ÿ!^!ÿ ÿ ;6969ÿ BCBDEBg0ÿFÿGHIJKLMÿ1NIÿ0IOPKQRÿSBCgÿ,VWXYÿ(ZI[WIÿ ]^^9ÿ!ÿ `9ÿ78:6ÿ56ÿ_!!ÿÿ!^ÿ!ÿ^ ÿÿÿ` ÿ5 ÿaÿ ^!9ÿ 9!ÿÿÿ 96!ÿ!ÿ?8ÿ9688ÿÿ^:k!ÿÿ 99ÿÿ #8ÿ78:ÿ] 6ÿ9ÿ:ÿÿ9!9ÿ9ÿ8ÿ?ÿÿ8!ÿ 9ÿÿ !>ÿ ÿ <=ÿ9#6c69 6# 86####ÿ 9!!!ÿÿ lÿ`mÿÿ ^!!ÿ !5ÿ!^ÿ !!ÿ ;6969ÿ BCBDEBn0ÿFÿGHIJKLMÿ1NIÿ0IOPKQRÿSBCgÿ,VWXYÿ(ZI[WIÿ ]^^9ÿ!ÿ `9ÿ78:6ÿ56ÿ_!!ÿÿ!^ÿ!ÿ^ ÿÿÿ` ÿ5 ÿaÿ ^!9ÿ 9!ÿÿ9ÿ9ÿÿ^:k!ÿÿ #8ÿ78:ÿ] 6ÿ9ÿ:ÿÿ ÿ 9!9ÿ9ÿ8ÿ?ÿÿ8!ÿ!>ÿ ;6969ÿ <=ÿ9#6c69 6# 86####ÿ /+4ÿo+14ÿ ÿ /+4ÿo+14ÿ-*/+4p(,-+*Rÿÿ 12342536789 6965 !!" # 69#6# ÿ ÿ !ÿ%ÿ%ÿ% !ÿÿÿÿ&ÿÿ4!ÿÿÿ1ÿÿ "%'ÿ&&ÿ(%'ÿ ÿ)*#ÿ+"ÿÿ*##ÿ",ÿÿ)-.6/ 6)--.ÿ ÿ 1234567ÿ6589ÿ+ ÿ:ÿ;!ÿÿ&ÿ%!%,ÿÿ5ÿ)-.<8. 6# ##ÿÿ ÿ =!>>,,ÿ ÿ ?&!ÿÿ!ÿÿ ÿ::!!ÿ',ÿÿ!&%ÿÿ&ÿ3>>ÿ@Aÿÿ3: ÿ.Bÿ # ,ÿÿÿ ÿ ÿ>Bÿ5& ÿ ÿ Cÿ !ÿÿÿ! %ÿ'ÿ ÿÿ: !=!>>,ÿÿ'ÿ ÿÿ 1ÿÿ3>>Bÿ+*ÿ5 'ÿ4: ÿ4Bÿ9 .ÿ2>ÿ3Bÿ3>>BÿD!Bÿ 8##..Eÿÿÿ&ÿ1F!ÿ%:ÿGÿ%ÿ'ÿ&ÿ:ÿ'ÿÿ1ÿ,ÿÿ 12342536789 6965 !!" # 69#6# ÿ STAFF REPORT 2023-23P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, October 5, 2023 To: Paul Luke, Chairman, Skokie Plan Commission From: Mike Voitik, Planning Technician Re: 2023-23P: Special Use Permit 5219 Touhy Avenue General Information Location 5219 Touhy Avenue Purpose To obtain approval for a special use permit for veterinary services Petitioner Rubin Skokie, LLC, on behalf of VCA Animal Hospitals Size of Site 60,236 square feet (1.38 acres) Existing Zoning & B2 Commercial – limited service restaurant, electronics and Land Use appliances sales, pet supplies sales, clinic, vacant commercial, personal service use, limited service restaurant with drive- through Adjacent Zoning & North B2 Commercial – motor vehicle parts and accessories Land Use store with automotive repair facility, fitness center, shoe store, limited service restaurant South R2 Single-Family – elementary grade school East R2 Single-Family – detached residences West B2 Commercial – personal service use, electronics repair business Comprehensive Plan The site is designated as retail/service employment. SITE INFORMATION  The site contains two 1-story commercial buildings that house a total of 8 commercial spaces, two of which are currently vacant.  The site is accessible from driveways at Touhy Avenue and Laramie Avenue.  Overhead utilities run along the south side of the subject site. VOSDOCS-#614048-v1-Staff_Report_-_2023-23P_-_Special_Use_Permit__5219_Touhy_Avenue 1 of 7 Complete Streets  Public sidewalks are present along Touhy Avenue and Laramie Avenue.  A long-term bike route is proposed to be located on Carpenter Road, 1½ blocks west of the subject site.  Bicycle parking is present at the subject site.  The site is directly served by the Pace 226 Oakton Street and Pace 290 Touhy Avenue buses.  The site is within walking distance of residential neighborhoods, services, and schools.  Access to the building is available from Touhy Avenue and from Laramie Avenue. STAFF ANALYSIS Petitioner’s Submittal The petitioner is requesting a special use permit for veterinary services at 5219 Touhy Avenue in a B2 Commercial district. The VCA Animal Hospitals facility will contain 6 exam rooms, offices, a waiting area, a 4-station treatment area, a pharmacy, a lab, and an x-ray room. With regards to the request, the petitioner explains that: This hospital will bridge the gap between primary and emergency care with access to world-class same- and next-day care. Like human urgent care, we will provide pet owners with access to non-emergent care services including allergic reactions, vomiting, ear infections, eye issues, skin issues, lacerations, lethargy, limping, etc. We will be open seven days a week from 10am-8pm. We will not provide boarding or overnight hospitalization services. All pets will be outpatient, which means they will be seen and discharged the same day. Our veterinary hospital will be regulated by the Illinois Veterinarian Licensing and Disciplinary Board which maintains and enforces professional standards including licensing veterinarians, registered veterinary technicians, veterinary assistants, controlled substances permit holders and veterinary premises. We plan to hire 1-2 veterinarians. This team will work different shifts throughout the week with the expectation to have 2 doctors seeing pets on any given day with 4-6 support staff. We plan to treat around 30-40 pets per day. Using our virtual waiting room technology, clients can wait from the comfort of their home and get notified when it’s time to see a veterinarian. This helps us smooth out the case flow throughout the day and creates a better experience for our clients and their pets. When clients arrive in the hospital, they will enter a calming and welcoming atmosphere with elevated design elements that feels more like a coffee shop meets a spa than a typical animal hospital. Our goal is to provide world-class veterinary medicine for pets, coupled with an exceptional hometown experience for their people. VOSDOCS-#614048-v1-Staff_Report_-_2023-23P_-_Special_Use_Permit__5219_Touhy_Avenue 2 of 7 Comments Staff comments and review sheets were sent to all pertinent departments. Staff comments on the subject case were received from the Fire Prevention Bureau and the Traffic Engineering and Planning Divisions. All other departments returned the sheets with no comments. Fire Prevention Bureau The Fire Prevention Bureau requests that the floor plan (sheet A) be revised to include the following:  The depiction of the adjacent Starbucks drive-through lane in order to determine how it relates to the existing egress door that is located on the south side of the proposed use.  The labeling of all door widths.  The labeling of all room dimensions.  The inclusion of a scale and a north arrow. Additionally, the site plan shall be revised to remove the future doors and future demising wall depicted between 5217 and 5219 Touhy Avenue. The “suite 5217” and square footage text must also be removed and the square footage for the combined spaces must be added. Traffic Engineering Division Traffic Engineering staff notes that several of the non-accessible spaces located to the west of the Starbucks drive-through entrance and south of the east-west driveway are 7’ to 8’ wide rather than the required 9’. Staff requests that this portion of the parking lot be restriped to match the 9’-wide spaces shown on the approved site plan. Planning Division The Planning Division recommends approval of the special use permit for veterinary services. The use provides a service that is desired by the community and also compliments the pet supply store that is located within the shopping center. The use and the overall shopping center meet the Village’s parking requirements due to relief being granted for 3 parking spaces in modified review case 2022-01M. The shopping center’s existing landscaping is not compliant with the approved landscape plan. Several Mohican Viburnum shrubs are missing within the landscaped area along the north side of the subject site and an ivory silk lilac tree has been removed from the landscaped area on the east side of the subject site. All missing plantings shall be replaced. The Kentucky coffeetrees growing along the service walkway south of 5225-5237 Touhy Avenue shall be limbed up to a height of 7’ above the walkway. VOSDOCS-#614048-v1-Staff_Report_-_2023-23P_-_Special_Use_Permit__5219_Touhy_Avenue 3 of 7 APPEARANCE COMMISSION Appearance Commission review is not required. STAFF RECOMMENDATIONS Staff recommends that the petitioner’s request for a special use permit for veterinary services at 5219 Touhy Avenue in a B2 Commercial district be APPROVED, based upon the Proposed Positive Findings of Fact and subject to the recommended and standard special use permit conditions. RECOMMENDED SPECIAL USE CONDITIONS 1. Prior to the hearing of the subject case before the Board of Trustees, the petitioner shall revise the floor plan to include the following: a. The depiction of the adjacent Starbucks drive-through lane in order to determine how it relates to the existing egress door that is located on the south side of the proposed use. b. The labeling of all door widths. c. The labeling of all room dimensions. d. The inclusion of a scale and a north arrow. 2. Prior to the hearing of the subject case before the Board of Trustees, the petitioner shall revise the site plan to remove the future doors and future demising wall depicted between 5217 and 5219 Touhy Avenue. The “suite 5217” and square footage text must also be removed and the square footage for the combined spaces must be added. 3. Prior to the issuance of building permits, the petitioner shall restripe the row of parking spaces located to the west of the Starbucks drive-through entrance and south of the east-west driveway to match the 9’-wide spaces shown on the approved site plan. 4. Prior to the issuance of an occupancy permit, the petitioner shall: a. Replace the missing Mohican Viburnum shubs within the landscaped area along the north side of the subject site to match the approved landscape plan. b. Grind out the stump and replace the missing ivory silk lilac tree within the landscaped area along the east side of the subject site to match the approved landscape plan. c. Limb up the existing Kentucky coffeetrees that are present along the service walkway south of 5225-5237 Touhy Avenue to a height of 7’ above the walkway. VOSDOCS-#614048-v1-Staff_Report_-_2023-23P_-_Special_Use_Permit__5219_Touhy_Avenue 4 of 7 STANDARD SPECIAL USE CONDITIONS 5. The petitioner shall develop the Subject Property in substantial conformance with the final Village approved site plan dated <insert date of final approved plan>, and floor plan dated <insert date of final approved plan>. 6. 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. 7. The owner of the Subject Property [and its tenant] shall ensure that employees park on the Subject Property. 8. All new construction, alterations, and remodeling shall meet current International Building and NFPA Life Safety Codes as amended. 9. All signage shall conform to the Skokie Village Code. Any sign on the Subject Property that is in violation of that Code must be removed or modified to conform with the Village Code prior to the issuance of an occupancy permit. 10. 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. 11. 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. 12. The petitioners shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. 13. 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. 14. The petitioners shall pay all costs related to any hearings conducted as a result of non-compliance with any of the provisions of the enabling ordinance. The costs shall include but not be limited to court reporter fees, attorney fees, and staff time required researching and conducting said hearing. VOSDOCS-#614048-v1-Staff_Report_-_2023-23P_-_Special_Use_Permit__5219_Touhy_Avenue 5 of 7 ATTACHMENTS 1. Proposed Positive Findings of Fact 2. Site Plan, dated September 26, 2022 3. Floor Plan, dated August 18, 2023 4. Aerial and Zoning Map VOSDOCS-#614048-v1-Staff_Report_-_2023-23P_-_Special_Use_Permit__5219_Touhy_Avenue 6 of 7 Proposed Positive Findings of Fact 2023-23P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, October 5, 2023 Consideration Finding The request is consistent with the intent of The request for a special use permit for the Comprehensive Plan. veterinary services is consistent with the intent of the retail/service employment land use identified in the Comprehensive Plan. The request will not adversely affect There should be no adverse effects adjacent properties. created by the proposed use upon the adjacent properties or businesses. The request is compatible with the existing The request is compatible with the or allowable uses of adjacent properties. existing or allowable uses in the area. The use compliments the pet supply store that is located within the shopping center. The request demonstrates that adequate Adequate public facilities will exist to public facilities, including roads, drainage, serve the requested use. utilities, and police and fire protection exist or will exist to serve the requested use at the time such facilities are needed. The request demonstrates adequate Adequate provision for maintenance and provision for maintenance and use of the use of the associated structures is associated structures. demonstrated by the request. The request has considered and, to the No adverse effects on the environment degree possible, addressed the adverse will be created by the proposed use. effects on the natural environment. The request will not create undue traffic Undue traffic congestion will not be congestion. created by the proposed use. The request will not adversely affect public There should be no adverse effect upon health, safety, and welfare. public health, safety, and welfare. The request conforms to all applicable The request conforms to all applicable provisions of this code, except where relief provisions of this code. is granted with the request. VOSDOCS-#614048-v1-Staff_Report_-_2023-23P_-_Special_Use_Permit__5219_Touhy_Avenue 7 of 7 architect + engineer 7007 DISCOVERY BLVD DUBLIN, OH 43017 614.634.7000 T WDPARTNERS.COM project no. | VGAUG0016 59'-4" owner 57'-5" 8'-6" W/D W/D 5'-1" UNISEX 8'-1" X-RAY LAUNDRY RESTROOM 114 113 111 4'-1" 8'-1" HALL JAN. 3'-8" EXAM 6 112 109 107 10'-5" 9'-10" EXAM 4 PHARMACY 105 118 LAB 10'-0" 117 EXAM 5 8'-0" 106 7'-11" 7'-11" 8'-6" EXAM 2 HALL 103 110 TREATMENT 116 5'-10" 60'-0" 56'-5" EXAM 3 104 5'-10" project info electrical Jack's Corner 5211-519 Touhy Ave. 9'-11" Space No. 3 EXAM 1 Skokie, IL 60077 101 102 CONCIERGE RESTROOM 115 UNISEX mechanical issue dates submission: date TEST FIT PERMIT 08/18/23 BID - CONSTRUCTION - revisions: # description date plumbing HOSPITAL LOBBY BREAK 119 100 DIRECTOR'S ROOM OFFICE OFFICE 121 DOCTOR'S 120 equipment file | \\wdpartners.com\gfs$\Production$\VCA\UG\VCAUG0016_Skokie_IL_Skokie\02-Design\06-Design Development\Planning\xVCAUG0016_base.dwg plotted | 9/8/2023 9:56 AM (wda3556) architectural designed by: checked by: seal FOR REFERENCE structural ONLY NOT FOR CONSTRUCTION area calculation landscape SQ. 02.10.2008 ROOM NAME FT. FRONT OF HOUSE 1241 sheet info BACK OF HOUSE 1961 A LOBBY 368 GROSS AREA (INSIDE PERIMETER WALLS) 3418 GROSS AREA (OUTSIDE PERIMETER WALLS) 3202 civil 2023-23P - Special Use Permit: 5219 Touhy Avenue Legend Zoning and Development Zoning B2: Commercial B3: Business R2: Single Family Residential 0 100 200 Print Date: 9/6/2023 Notes ft 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. STAFF REPORT 2023-24P: Subdivision Community Development Department Council Chambers, 7:30 PM, September 21, 2023 To: Paul Luke, Chairman, Skokie Plan Commission From: Mike Voitik, Planning Technician Re: 2023-24P: Subdivision 5206-5238 Touhy Avenue Related Cases – 2023-25P: Site Plan Approval 2023-26P: Special Use Permit 2023-27P: Special Use Permit General Information Location 5206-5238 Touhy Avenue Purpose To resubdivide 1 existing lots into 2 new lots, and any relief discovered during the review of this case. Petitioner Bond Touhy, LLC Size of Site 126,580 square feet (2.906 acres) with frontage on Touhy Avenue and Laramie Avenue Existing Zoning & B2 Commercial – motor vehicle parts and accessories store with Land Use automotive repair facility, sports and recreation education facility, shoe store, limited service restaurant Adjacent Zoning & North B3 Business – hotel, full service restaurant, bar Land Use South B2 Commercial – limited service restaurant, electronics and appliances sales, pet supplies sale, clinic, vacant commercial, personal service use, limited service restaurant with drive-through East R2 Single-Family – detached residences B2 Commercial – limited service restaurant with drive- through (under construction) West B3 Business – hotel, full service restaurant, bar Comprehensive Plan The site is designated as retail/service employment. SITE INFORMATION • The site contains a 1-story multitenant commercial building. The outdoor dining area is proposed to be located in front of the westernmost tenant space. • The site is accessible from driveways at Touhy Avenue and Laramie Avenue. VOSDOCS-#613898-v1-Staff_Report_-_2023-24P_-_Subdivision__5206-5238_Touhy_Avenue 1 of 3 • Overhead utilities run along the north side of the subject site as well as within the Laramie Avenue parkway adjacent to the subject site. Complete Streets  Public sidewalks are present along Touhy Avenue and Laramie Avenue.  A long-term bike route is proposed to be located on Carpenter Road, 1½ blocks west of the subject site.  Bicycle parking is not currently available at the subject site.  The site is directly served by the Pace 226 Oakton Street and Pace 290 Touhy Avenue buses.  The site is within walking distance of residential neighborhoods, services, and schools.  Pedestrian access to the building is available from Touhy Avenue and from Laramie Avenue. PETITIONER’S SUBMITTAL The petitioner is requesting to resubdivide 1 existing lot into 2 new lots at 5206-5238 Touhy Avenue in a B2 Commercial zoning district. Lot 1 will contain the existing multitenant commercial building as well as most of the subject site’s parking spaces and driveways. Lot 2 will contain the proposed Popeye’s limited restaurant with a drive- through lane (case 2023-26P), outdoor dining area (case 2023-27P), and associated parking spaces and driveways. STAFF ANALYSIS Comments 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 supports the proposed subdivision. The subdivision will meet all requirements of the Village Code and Map Data Policy. VOSDOCS-#613898-v1-Staff_Report_-_2023-24P_-_Subdivision__5206-5238_Touhy_Avenue 2 of 3 STAFF RECOMMENDATIONS Staff recommends that the petitioner’s request to resubdivide 1 existing lot into 2 new lots at 5206-5238 Touhy Avenue in a B2 Commercial zoning district be APPROVED subject to the conditions listed below. RECOMMENDED SUBDIVISION CONDITIONS 1. Upon the passage of the ordinance by the Board of Trustees, the Mylar of the Touhy Plaza Subdivision must be submitted to the Village with all signatures other than Village staff or elected officials. 2. The Touhy Plaza Subdivision shall be effective upon its recording by the Village in the Office of the Recorder of Deeds of Cook County, Illinois. 3. All monuments must be set no later than 1 year after the date of the recording of the plat. 4. The petitioner must submit to the Planning Division electronic files of the plat of subdivision in approved and finalized form. The files must be scaled drawing files in AutoCAD format (version 2010 or older). The drawings must be formatted to SPCS, NAD83, HARN 2007, with SPCS north being straight up, and the primary units in U.S. Survey Feet. All elements must be contained within a single file, no XREF or PDF attachment files shall be used. 5. If work is to be performed on public property or if public property is utilized or impacted during construction and or development, the owners must provide, or must 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 owners 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. 6. The petitioner must comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. ATTACHMENTS 1. Touhy Plaza Subdivision, dated August 16, 2023 2. ALTA/NSPS Land Title and Topographic Survey, dated September 19, 2022 3. Aerial and Zoning Map VOSDOCS-#613898-v1-Staff_Report_-_2023-24P_-_Subdivision__5206-5238_Touhy_Avenue 3 of 3 LEGEND LINE LEGEND ABBREVIATIONS CL 1 TOUHY AVENUE 2 TOUHY PLAZA SUBDIVISION CL LARAMIE AVENUE 16' PUBLIC ALLEY JARLATH STREET NOTES: MONUMENT TABLE PLAT RETURN ADDRESS AREA SUMMARY P.I.N. 10-28-313-036-0000 PROJECT TOUHY PLAZA SUBDIVISION Skokie, Illinois PROJ. NO.: ALTA SURVEYS l TOPOGRAPHY l CONSTRUCTION STAKING CLIENT 2631 GINGER WOODS PARKWAY, STE. 100 Bond Touhy LLC SCALE: 1" = 30' AURORA, IL 60502 22.0319 1 OF 2 350 W. Hubbard Street, Suite 450 PHONE: (630) 820-9100 FAX: (630) 820-7030 EMAIL: ADMIN@CLSURVEYING.COM Chicago IL 60654 P.I.N. 10-28-313-036-0000 TOUHY PLAZA SUBDIVISION PLAT RETURN ADDRESS OWNER'S CERTIFICATE SKOKIE PLAN COMMISSION CERTIFICATE SURVEYOR’S CERTIFICATE ’ SKOKIE VILLAGE BOARD APPROVAL CERTIFICATE NOTARY'S CERTIFICATE TOUHY PLAZA SUBDIVISION 350 W. Hubbard Street, Suite 450 Bond Touhy LLC PROJECT Skokie, Illinois Chicago IL 60654 CLIENT PHONE: (630) 820-9100 FAX: (630) 820-7030 EMAIL: ADMIN@CLSURVEYING.COM ALTA SURVEYS l TOPOGRAPHY l CONSTRUCTION STAKING SURVEYOR’S AUTHORIZATION TO RECORD 2631 GINGER WOODS PARKWAY, STE. 100 SKOKIE VILLAGE COLLECTOR CERTIFICATE PROPERTY ENGINEER'S CERTIFICATE AURORA, IL 60502 SCALE: N/A 2 OF 2 PROJ. NO.: 22.0319 2023-24P - Subdivision: 5206-5238 Touhy Avenue Legend Zoning and Development Zoning B2: Commercial B3: Business R2: Single Family Residential 0 150 300 Print Date: 9/5/2023 Notes ft 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. STAFF REPORT 2023-25P: Site Plan Approval Community Development Department Council Chambers, 7:30 PM, September 21, 2023 To: Paul Luke, Chairman, Skokie Plan Commission From: Paul Reise, Planning Manager Re: 2023-25P: Site Plan Approval 5206-5238 Touhy Avenue Related Cases – 2023-24P: Subdivision 2023-26P: Special Use Permit 2023-27P: Special Use Permit General Information Location 5206-5238 Touhy Avenue Purpose A request for site plan approval for an existing multitenant commercial building and a new limited-service restaurant with drive-through, relief from §118-218 to provide 136 parking spaces rather than the required 145, and any other relief that may be discovered during the review of this case. Petitioner Bond Touhy, LLC Size of Site 126,580 square feet (2.906 acres) Existing Zoning & B2 Commercial – motor vehicle parts and accessories store with Land Use automotive repair facility, sports and recreation education facility, shoe store, limited service restaurant Adjacent Zoning & North B3 Business – hotel, full service restaurant, bar Land Use South B2 Commercial – limited service restaurant, electronics and appliances sales, pet supplies sale, clinic, vacant commercial, personal service use, limited service restaurant with drive-through East R2 Single-Family – detached residences B2 Commercial – limited service restaurant with drive- through (under construction) West B3 Business – hotel, full service restaurant, bar Comprehensive Plan The site is designated as retail/service employment. SITE INFORMATION • The site contains a 1-story multitenant commercial building, a parking lot, driveways, and landscaping. VOSDOCS-#613902-v1-Staff_Report_-_2023-25P_-_Site_Plan_Approval__5206-5238_Touhy_Avenue 1 of 8 • The site is accessible from driveways at Touhy Avenue and Laramie Avenue. • Overhead utilities run along the north side of the subject site as well as within the Laramie Avenue parkway adjacent to the subject site. Complete Streets  Public sidewalks are present along Touhy Avenue and Laramie Avenue.  A long-term bike route is proposed to be located on Carpenter Road, 1½ blocks west of the subject site.  Bicycle parking is not currently available at the subject site.  The site is directly served by the Pace 226 Oakton Street and Pace 290 Touhy Avenue buses.  The site is within walking distance of residential neighborhoods, services, and schools.  Pedestrian access to the building is available from Touhy Avenue and from Laramie Avenue. PETITIONER’S SUBMITTAL The Petitioner submitted a request for site plan approval for an existing multitenant commercial building and a new limited-service restaurant with drive-through and relief from §118-218 to provide 136 parking spaces rather than the required 145. Site plan approval is required in this instance because modifications are being made to buildings on a site 1 acre or larger in size. The petitioner stated: The petitioner, Bond Touhy, LLC is proposing the development and construction of a drive-thru Popeye’s Louisiana Kitchen restaurant, approximately 2004 sq.ft. as an out-lot in the existing Touhy Plaza Shopping Center. The proposed development is in subdivided Lot-2 of parcel 10-28-313-036-0000, in the southeast corner of the existing Touhy Plaza Shopping Center, and measures approximately 15,142 sq.ft. or 0.348 acres. The proposed development is bound by the shopping center to its west and north, West Touhy Avenue to its south, and Laramie Avenue to its east. Vehicular access to Lot-2 will be from the existing shopping center driveway on Laramie Avenue. Business hours for the proposed Popeyes will be as follows: 10 a.m. – 12 a.m.: Sunday thru Thursday 10 a.m. – 1 a.m.: Friday and Saturday VOSDOCS-#613902-v1-Staff_Report_-_2023-25P_-_Site_Plan_Approval__5206-5238_Touhy_Avenue 2 of 8 A minimum of 5 employees and a maximum of 8 employees will be present at any given time during business hours at this restaurant. The franchisee of this Popeyes restaurant expects about 60% of drive thru business with 30% catered to the sit-down & takeaway patrons and 10% expected to be online orders. According to Popeyes’ standards, the maximum time it takes a drive-thru customer to order food at the drive-thru menu board and pick it up at the drive- thru window, is approximately 180 seconds or 3 minutes. The petitioners are also requesting to subdivide (case 2023-24P) existing lots into 2 new lots at 5206-5238 Touhy Avenue in a B2 Commercial zoning district. Lot 1 will contain the existing multitenant commercial building as well as most of the subject site’s parking spaces and driveways. Lot 2 will contain the proposed Popeye’s limited restaurant with a drive-through lane (case 2023-26P), outdoor dining area (case 2023- 27P), and associated parking spaces and driveways. STAFF ANALYSIS All pertinent departments and divisions were offered an opportunity to comment on this case. The Engineering, Forestry, Fire Prevention, and Planning Divisions provided comments on the subject case. Engineering Division A total of 145 parking spaces are required for the subject site and 136 parking spaces are provided. If during construction any lane closures or sidewalk closures are intended, owner/contractor must apply for Public Way Obstruction or Use permit with Engineering. Application may be obtained with engineering or on Village website. Traffic control plan and fees will apply. The petitioner must obtain an MWRD determination letter to determine if an MWRD permit is required for the proposal. Forestry Division Forestry staff requires tree protection fencing for site trees in a construction project. Please install per plan for site trees. For east boundary trees please extend out as far as possible. The fencing must remain in place for the duration of the construction project. Fire Prevention Division Fire Prevention was concerned with the tight turning radii shown on initial proposals. After site plan modifications and adjustments to the parking layout and physical obstructions, Fire Prevention is satisfied with vehicle access. All other comments pertain to construction and will be addressed at time of permitting. Planning Division VOSDOCS-#613902-v1-Staff_Report_-_2023-25P_-_Site_Plan_Approval__5206-5238_Touhy_Avenue 3 of 8 During review of the proposal the initial concerns were around site circulation, the layout of parking, and removal of established trees along Laramie. After revisions which opened a through-lane connecting the east-west aisles parallel to Touhy, the circulation concerns were addressed. Additionally, the revised plan retained the existing trees by reconfiguring the parking. These modifications along with those requested by Fire resulted in the deficit of 11 parking spaces necessitating a request for relief, which staff supports. The construction will seek to install high efficiency HVAC units along with a smart thermostat. Storefront glazing will be double pane, low-e, with a low U-value. All lighting will be LED. Interior lighting can be on dimmers to preserve energy. The Planning Division supports the proposed site plan approval request and the request for parking relief. This application was submitted prior to the recent changes regarding drive-throughs and as such are not bound by those requirements. The petitioner has agreed to follow the spirit of the zoning code changes by including several of the policy recommendations in this project, including; providing a plan for how operations will be modified if queuing becomes an issue and exceeds what is estimated in the traffic analysis; prohibiting deliveries during peak usage times; providing mobile ordering options; providing some screening from the street; leaving the mature trees on site; APPEARANCE COMMISSION Appearance Commission approved case 2023-13A at the June 14, 2023 meeting. A Certificate of Appropriateness was awarded with the conditions of, reducing the ‘Love that chicken’ sign by at least 10%, and adding landscaping to the Touhy frontage. STAFF RECOMMENDATIONS Staff recommends that the petitioner’s request for an existing multitenant commercial building and a new limited-service restaurant with drive-through at 5206-5238 Touhy Avenue in an B2 Commercial zoning district be APPROVED based upon the Proposed Positive Findings of Fact for the site plan approval and subject to the recommended site plan approval conditions listed below. Staff further recommends that relief be granted from §118-218 of the Village Code to provide 136 parking spaces rather than the required 145. SITE PLAN APPROVAL CONDITIONS 1. Prior to the issuance of a building permit, the petitioner must obtain an MWRD determination letter to determine if an MWRD permit is required VOSDOCS-#613902-v1-Staff_Report_-_2023-25P_-_Site_Plan_Approval__5206-5238_Touhy_Avenue 4 of 8 for the proposal. 2. The petitioners 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>, floor plan, dated <insert date of final approved plan>, mezzanine plan, dated <insert date of final approved plan>, and elevations, dated <insert date of final approved plan>. 3. 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) 4. All existing damaged public sidewalks or public sidewalks damaged due to the implementation of this plan shall be replaced. (Standard) 5. No objects are allowed within a 15-foot sight distance triangle between 30” and 84” from grade except traffic control devices listed in the Manual on Uniform Traffic Control Devices. (Standard) 6. 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) 7. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other objects that may impede travel. (Standard) 8. 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) 9. All off-street parking spaces shall be legibly striped and maintained. (Standard) 10. Any plan to modify parking lot striping must be approved by the Director of Engineering. (Standard) 11. The proposed development shall have a minimum of 158 on-site off-street vehicle parking spaces. (Standard) 12. 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) 13. 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) 14. All overhead new utilities on the Subject Property shall be placed or relocated underground. The petitioner shall bear the full cost of any utility relocation VOSDOCS-#613902-v1-Staff_Report_-_2023-25P_-_Site_Plan_Approval__5206-5238_Touhy_Avenue 5 of 8 and/or conflicts. (Standard) 15. 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) 16. All new construction, alterations, and remodeling shall meet current International Building and NFPA Life Safety Codes as amended. (Standard) 17. The petitioner shall obtain all required permits and approvals for improvements to County, State, or Federal rights-of-way from the governing jurisdiction. (Standard) 18. 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) 19. All signage shall conform to the Skokie Village Code, except as provided in this ordinance. (Standard) 20. 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) 21. 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 or site plan approval>. (Standard) 22. 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) 23. The petitioner shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. (Standard) 24. 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 VOSDOCS-#613902-v1-Staff_Report_-_2023-25P_-_Site_Plan_Approval__5206-5238_Touhy_Avenue 6 of 8 shall pay all costs related to any hearings conducted as a result of non- compliance with any of the provisions of the enabling ordinance. The costs shall include but not be limited to court reporter fees, attorney fees, and staff time required researching and conducting said hearing. (Standard) ATTACHMENTS 1. Proposed Positive Findings of Fact for Site Plan Approval for 2023-25P 2. Site Plan, dated August 16, 2023 3. Landscape Plan, dated September 27, 2023 4. Buildings Elevations, dated August 10, 2023 5. ALTA/NSPS Land Title and Topographic Survey, dated September 19, 2022 6. Aerial and Zoning Map VOSDOCS-#613902-v1-Staff_Report_-_2023-25P_-_Site_Plan_Approval__5206-5238_Touhy_Avenue 7 of 8 Proposed Positive Findings of Fact 2023-25P: Site Plan Approval Community Development Department Council Chambers, 7:30 PM, September 21, 2023 Consideration Finding The request is harmonious with and does The proposed project is harmonious with not adversely affect adjacent properties. the existing use and scale of the existing adjacent properties. The request can demonstrate that Adequate public facilities exist to serve adequate public facilities, including roads, the proposed building. drainage, utilities, and police and fire protection exist or will exist to serve the requested use at the time such facilities are needed. The request demonstrates adequate No problems are anticipated with respect provision for maintenance of the associated to the maintenance of the associated structures. structures. The request has considered and, to the The petitioner will retain large, existing degree possible, addressed the adverse trees and provide additional landscaping. effects on the natural environment. The request will not create undue traffic Undue traffic congestion will not be congestion. created by the request. The request will not adversely affect public The proposed will not adversely affect health, safety, and welfare. public health, safety, and welfare. The request conforms to all applicable The request conforms to all applicable provisions of this code, except where relief provisions of this code, excepting relief is granted with the request. granted to §118-218 of the Village Code to provide 135 parking spaces rather than the required 146 VOSDOCS-#613902-v1-Staff_Report_-_2023-25P_-_Site_Plan_Approval__5206-5238_Touhy_Avenue 8 of 8 NOTES: 1. ALL DIMENSIONS SHOWN ARE TO BACK OF CURB UNLESS OTHERWISE NOTED. 2. ALL PROPOSED ON-SITE STRIPING SHALL BE 4" PAINTED YELLOW UNLESS OTHERWISE NOTED. DESCRIPTION 3. BUILDING DIMENSIONS ARE TO OUTSIDE FACE OF BUILDING UNLESS OTHERWISE NOTED. 4. ALL CURB AND GUTTER TO BE B6.12 UNLESS OTHERWISE NOTED. TRASH ENCLOSURE SEE ARCHITECTURAL DRAWINGS FOR DETAILS PAVING LEGEND NO. DATE REVISIONS CONCRETE SIDEWALK 12.9' 1 8' 1 24' 8' 8' 7 24' 15.1' 5" P.C. CONCRETE 25.2' SUBMITTAL FOR VILLAGE REVIEW 4" AGGREGATE BASE COURSE - CA-6 ONE-WAY 2 NEW STOOP WEST 16' 20.7' "ONE-WAY" STRIPING TO BE 5' x 15' ADDED AT BASE OF ARROW CONCRETE PAVEMENT RESUBMITTED PER PRELIMINARY COMMENTS 9' 9' EXISTING DESCRIPTION OVERHEAD DOOR 8" P.C. CONCRETE PAVEMENT WITH (6X6/W2.9XW2.9) W.W.F. 5' 4" AGGREGATE BASE COURSE - CA6 ORIGINAL ISSUE DATE: 10-07-2022 REVISED PER VILLAGE COMMENTS EMPLOYEE PARKING ONLY w/ EXISTING WHEEL STOPS WALK MILL AND RESURFACE PAVEMENT 1.5" BITUMINOUS SURFACE COURSE (HMA MIX "D", N50) REVISED PER VILLAGE REVIEW LARAMIE AVE. DATE 10-07-22 04-18-23 05-23-23 08-16-23 BITUMINOUS PAVEMENT PROJECT MANAGER: NO. 1 2 3 4 ONE-WAY 1.5" BITUMINOUS SURFACE COURSE (HMA MIX "D", N50) 15248.OUT S04 EXISTING RMW NRS SOUTH OVERHEAD DOOR 2.5" BITUMINOUS BINDER COURSE (HMA IL-19, N50) RA PROJECT NO.: DESIGNED BY: (3) 4' X 6' AREA FOR 6 BIKE SPACES PRIME COAT, MC-30 AT 0.30 GAL/SY DRAWN BY: 10" AGGREGATE BASE COURSE, (CA-6) 17 R3' 15 15 RELOCATED R2.9' ILLINOIS BOLLARD R8' 25' R10' "ONE-WAY" SIGN ON CHANNEL OUTDOOR "DO NOT DRIVE-THRU 24.5' POST PROPOSED BOLLARDS SEATING R8' ENTRY SIGN ENTER" "DO NOT ENTER" STRIPING TO BE (3) BETWEEN EXISTING R3.2' R15' SIGN PARKING SUMMARY LAYOUT AND PAVING PLAN ADDED AT BASE OF ARROW PLANTERS. BOLLARD 9' 9' 7 SPACING AT 7.5'-8.5' R10' PICK UP 5206 W. TOUHY OUTLOT R10' WINDOW REGULAR SPACES = 131 1 1 R3' ACCESSIBLE SPACES = 5 2,004 SF 3 9 4 1 24.5' 16.5' 6' 13' 12' 25.7' 16.5' PROPOSED TOTAL SPACES = 136 TRASH ENCLOSURE (GROSS BUILDING 8' SEE ARCHITECT 15 PAY BUILDING 7 8' PLANS FOR DETAILS 1 WINDOW AREA) R3.2' ACCESSIBLE PARKING R15' PAVEMENT RESTORE SIGN AND STALL FOR UTILITY CROSSING 4 R15' 15 10 R3' 13' 9.5' R20' 15' 7' 15' MONUMENT SIGN 6'x4' AREA FOR 2 BICYCLES PAVEMENT RESTORE ORDER SPEAKER FOR STORM PIPE DIGITAL MENU BOARD PAVEMENT RESTORE FOR WM PIPE TOUHY AVE. SKOKIE 7325 Janes Avenue Woodridge, IL 60517 630.724.9200 phone www.v3co.com GRAPHIC SCALE 30 15 DRAWING NO. 0 1" = 30' C3.0 E:\2015\15248\15248.OUT\Drawings\ACAD\LD\S04\Sheet Drawings\C3.0 Lay15248.OUT.dwg 09/07/23 X X X X X X X X X DANIEL WEINBACH & PARTNERS, LTD. Landscape Architects 1142 West Madison Street Suite 206 Chicago, IL 60607 312 427-2888 www.dwpltd.com OF IL L IN ATE OI S T S WILLIAM J. REG ST FERGUSON HI T EC T I No. 157.000126 ER ED RC A L AN E DSCAP Revisions 9. VILLAGE APPROVAL 9/27/23 8. VILLAGE APPROVAL 8/15/23 7. PER VILLAGE COMMENTS 7/07/23 6. PER REVIEW COMMENTS 5/18/23 5. PER REVIEW COMMENTS 4/21/23 4. PER REVIEW COMMENTS 1/26/23 3. PER REVIEW COMMENTS 12/14/22 2. ISSUED FOR VILLAGE REVIEW 11/14/22 1. ISSUED FOR OWNER REVIEW 11/07/22 Project 5222 W TOUHY RETAIL 5222 W TOUHY AVE SKOKIE, ILLINOIS Sheet Title LANDSCAPE PLAN Date Project No. 11/07/22 DWP 22-166 Scale Sheet No. 1" = 20'-0" Drawn By BF L-2.0 Approved WS 2023-25P - Subdivision: 5206-5238 Touhy Avenue Legend Zoning and Development Zoning B2: Commercial B3: Business R2: Single Family Residential 0 150 300 Print Date: 9/5/2023 Notes ft 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. STAFF REPORT 2023-26P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, September 21, 2023 To: Paul Luke, Chairman, Skokie Plan Commission From: Paul Reise, Planning Manager Re: 2023-26P: Special Use Permit 5206 Touhy Avenue Related Cases – 2023-24P: Subdivision 2023-25P: Site Plan Approval 2023-27P: Special Use Permit General Information Location 5206 Touhy Avenue Purpose To obtain approval for a special use permit for a limited-service restaurant with drive-through Petitioner Bond Touhy, LLC Size of Site 16,261 square feet (0.373 acres) Existing Zoning & B2 Commercial – limited service restaurant, electronics and Land Use appliances sales, pet supplies sale, clinic, vacant commercial, personal service use, limited service restaurant with drive- through Adjacent Zoning & North B2 Commercial – motor vehicle parts and accessories Land Use store with automotive repair facility, fitness center, shoe store, limited service restaurant South B2 Commercial – limited service restaurant, electronics and appliances sales, pet supplies sale, clinic, vacant commercial, personal service use, limited service restaurant with drive-through East R2 Single-Family – limited service restaurant with drive-through (under construction) West B2 Commercial – motor vehicle parts and accessories store with automotive repair facility, fitness center, shoe store, limited service restaurant Comprehensive Plan The site is designated as retail/service employment. VOSDOCS-#613921-v1-Staff_Report_-_2023-26P_-_Special_Use_Permit__5206_Touhy_Avenue 1 of 8 SITE INFORMATION • The site contains a parking lot, driveways, and landscaping. • The site is accessible from driveways at Touhy Avenue and Laramie Avenue. • Overhead utilities run along the north side of the subject site as well as within the Laramie Avenue parkway adjacent to the subject site. Complete Streets  Public sidewalks are present along Touhy Avenue and Laramie Avenue.  A long-term bike route is proposed to be located on Carpenter Road, 1½ blocks west of the subject site.  Bicycle parking is not currently available at the subject site.  The site is directly served by the Pace 226 Oakton Street and Pace 290 Touhy Avenue buses.  The site is within walking distance of residential neighborhoods, services, and schools. PROPOSAL SUMMARY The petitioner, Bond Touhy, LLC is proposing the development and construction of a drive-thru Popeye’s Louisiana Kitchen restaurant, approximately 2004 sq.ft. as an out- lot in the existing Touhy Plaza Shopping Center. The proposed development is in subdivided Lot-2 of parcel 10-28-313-036-0000, in the southeast corner of the existing Touhy Plaza Shopping Center, and measures approximately 15,142 sq.ft. or 0.348 acres. The proposed development is bound by the shopping center to its west and north, West Touhy Avenue to its south, and Laramie Avenue to its east. Vehicular access to Lot-2 will be from the existing shopping center driveway on Laramie Avenue. Business hours for the proposed Popeyes will be as follows: 10 a.m. – 12 a.m.: Sunday thru Thursday 10 a.m. – 1 a.m.: Friday and Saturday A minimum of 5 employees and a maximum of 8 employees will be present at any given time during business hours at this restaurant. The franchisee of this Popeyes restaurant expects about 60% of drive thru business with 30% catered to the sit-down & takeaway patrons and 10% expected to be online orders. According to Popeyes’ standards, the maximum time it takes a drive-thru customer to order food at the drive- thru menu board and pick it up at the drive-thru window, is approximately 180 seconds or 3 minutes. VOSDOCS-#613921-v1-Staff_Report_-_2023-26P_-_Special_Use_Permit__5206_Touhy_Avenue 2 of 8 STAFF ANALYSIS Petitioner’s Submittal The petitioner is requesting a special use permit for a new limited service restaurant with drive-through at 5206 Touhy Avenue in a B2 Commercial district. All pertinent departments and divisions were offered an opportunity to comment on this case. Comments specific to this case were made by Engineering, Fire Prevention, Environmental Health, and Planning, which reviewed the submitted materials and generally support the proposed special use permit requests. The Planning Division has reviewed the submitted materials and supports the proposed special use permit. The proposed use is consistent with the land use designation in the Comprehensive Plan. Access to the subject site will use the existing curb cuts on Touhy and Laramie. Per the Traffic Impact Analysis, 12 drive-through stacking spaces will be provided. The drive-through will exit internally to the site and not onto a public right of way. This application was submitted prior to the recent changes regarding drive-throughs and as such are not bound by those requirements. APPEARANCE COMMISSION Appearance Commission approved case 2023-13A at the June 14, 2023 meeting. A Certificate of Appropriateness was awarded with the conditions of, reducing the ‘Love that chicken’ sign by at least 10%, and adding landscaping to the Touhy frontage. STAFF RECOMMENDATIONS Staff recommends that the petitioner’s request for a special use permit for a limited- service restaurant with drive-through at 5206 Touhy Avenue in a B2 Commercial district be APPROVED, based upon the Proposed Positive Findings of Fact and subject to the recommended and standard special use permit conditions. RECOMMENDED SPECIAL USE CONDITIONS 1. The petitioner shall develop the Subject Property in substantial conformance with the final Village approved site plans dated <insert date of final approved plan>, engineering plans dated <insert date of final approved plan>, landscape plans dated <insert date of final approved plan>, sign plans dated <insert date of final approved plan>, and building elevations dated <insert date of final approved plan>. (Standard) 2. 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) VOSDOCS-#613921-v1-Staff_Report_-_2023-26P_-_Special_Use_Permit__5206_Touhy_Avenue 3 of 8 3. A drive-through facility shall have at least one litter/refuse disposal container at its exit at a location determined by the Health Department. (Standard) 4. 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) 5. 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) 6. Any outdoor sound systems shall at all times maintain audio levels that are compliant with the Skokie Village Code. (Standard) 7. All existing damaged public sidewalks or public sidewalks damaged due to the implementation of this plan shall be replaced. (Standard) 8. No objects are allowed within a 10' sight distance triangle in R1, R2, R3, and R4 districts, or within a 15' sight distance triangle in all other districts, between 30" and 84" in height from grade except traffic control devices listed in the Manual on Uniform Traffic Control Devices. (Standard) 9. Prior to the issuance of building permits, the petitioner shall submit a temporary pedestrian, bicycle, and transit circulation plan for the public right-of-way, including routing, signage, and barriers, to be in place prior to the commencement of construction, subject to the approval of the Engineering Division. If during construction any lane closures or sidewalk closures are intended in the public right- of-way, the owner/contractor must apply for Public Way Obstruction or Use permit with Engineering. The application may be obtained with engineering or on Village website. Traffic control plan and fees will apply. (Standard) 10. 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) 11. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other objects that may impede travel. (Standard) 12. 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 , except for waste receptacles referenced in Condition Number 13 below. (Standard) 13. Waste receptacles shall be placed on the Subject Property for the use of customers, and that the Health Department shall determine the size, type, and location of these units. (Standard) VOSDOCS-#613921-v1-Staff_Report_-_2023-26P_-_Special_Use_Permit__5206_Touhy_Avenue 4 of 8 14. All off-street parking spaces shall be legibly striped and maintained. (Standard) 15. Any plan to modify parking lot striping must be approved by the Director of Engineering. (Standard) 16. The proposed development shall have a minimum of 136 off-street vehicle parking spaces including 5 handicapped parking spaces as indicated on the site plan dated XXX. (Standard) 17. 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) 18. 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) 19. The owner of the Subject Property and its tenants shall ensure that employees park on the Subject Property. (Standard) 20. No required parking space on the site may be for the exclusive use of any tenant. (Standard) 21. All parking areas must be paved, drained, curbed, and landscaped to Village standards. (Standard) 22. Prior to issuance of building permits, the petitioner shall submit evidence of issuance of permits for the construction and operation of the water main and associated equipment by the Illinois Environmental Protection Agency (IEPA) or provide a determination by IEPA that such permits are not required. Water mains that feed multiple building structures and/or create a "looped" system that require an IEPA permit will also require an easement and custodial agreement with the Village. (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. All new construction, alterations, and remodeling shall meet current International Building and NFPA Life Safety Codes as amended. (Standard) 26. The petitioner shall obtain all required permits and approvals for improvements to County, State, or Federal rights-of-way from the governing jurisdiction. (Standard) VOSDOCS-#613921-v1-Staff_Report_-_2023-26P_-_Special_Use_Permit__5206_Touhy_Avenue 5 of 8 27. The Subject Property must conform to the Village's storm water control requirements as contained in the Skokie Village Code, including the disconnection of any downspouts. (Standard) 28. 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) 29. All modifications to building elevations, signage, and landscaping shall be subject to the review and approval of the Skokie Appearance Commission. (Standard) 30. The petitioner shall submit to the Planning Division electronic files of the site plan and landscape plan in their approved and finalized form. (Standard) 31. Prior to the issuance of building permits, the petitioner shall submit to the Planning Division of the Community Development Department the name, property address, email address, and telephone number of the company and contact person responsible for site maintenance in compliance with this special use permit. (Standard) 32. If work is to be performed on public property or if public property is utilized or impacted during construction and/or development, the owner shall provide, or shall cause the developer and/or contractor to provide, the Village of Skokie with 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) 33. The petitioner shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. (Standard) 34. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to initiate hearings to determine whether the subject Ordinance, as well as any applicable business licenses, should be revised or revoked. The petitioner shall pay all costs related to any hearings conducted as a result of non-compliance with any of the provisions of the enabling ordinance. The costs shall include but not be limited to court reporter fees, attorney fees, and staff time required researching and conducting said hearing. (Standard) 35. The petitioners shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. 36. 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. 37. The petitioners shall pay all costs related to any hearings conducted as a result of non-compliance with any of the provisions of the enabling ordinance. The costs shall include but not be limited to court reporter fees, attorney fees, and staff time VOSDOCS-#613921-v1-Staff_Report_-_2023-26P_-_Special_Use_Permit__5206_Touhy_Avenue 6 of 8 required researching and conducting said hearing. ATTACHMENTS 1. Proposed Positive Findings of Fact 2. Site Plan, dated August 16, 2023 3. ALTA/NSPS Land Title and Topographic Survey, dated September 19, 2022 4. Aerial and Zoning Map VOSDOCS-#613921-v1-Staff_Report_-_2023-26P_-_Special_Use_Permit__5206_Touhy_Avenue 7 of 8 Proposed Positive Findings of Fact 2023-26P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, September 21, 2023 Consideration Finding The request is consistent with the intent of the The request for a special use permit for Comprehensive Plan. restaurant drive-through is consistent with the intent of the retail/service employment land use identified in the Comprehensive Plan. The request will not adversely affect adjacent There should be no adverse effects created properties. by the proposed use upon the adjacent properties or businesses. The request is compatible with the existing or The request is compatible with the existing or allowable uses of adjacent properties. allowable uses in the area. The request demonstrates that adequate public Adequate public facilities, including roads, facilities, including roads, drainage, utilities, drainage, utilities, and police and fire and police and fire protection exist or will exist protection exist or will exist to serve the to serve the requested use at the time such requested use at the time such facilities are facilities are needed. needed. The request demonstrates adequate provision Adequate provision for maintenance and use for maintenance and use of the associated of the associated structures is demonstrated structures. by the request. The request has considered and, to the degree No adverse effects on the environment will possible, addressed the adverse effects on the be created by the proposed use. natural environment. The request will not create undue traffic Undue traffic congestion will not be created congestion. by the proposed use. The request will not adversely affect public There should be no adverse effect upon health, safety, and welfare. public health, safety, and welfare. The request conforms to all applicable The request conforms 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-#613921-v1-Staff_Report_-_2023-26P_-_Special_Use_Permit__5206_Touhy_Avenue 8 of 8 NOTES: 1. ALL DIMENSIONS SHOWN ARE TO BACK OF CURB UNLESS OTHERWISE NOTED. 2. ALL PROPOSED ON-SITE STRIPING SHALL BE 4" PAINTED YELLOW UNLESS OTHERWISE NOTED. DESCRIPTION 3. BUILDING DIMENSIONS ARE TO OUTSIDE FACE OF BUILDING UNLESS OTHERWISE NOTED. 4. ALL CURB AND GUTTER TO BE B6.12 UNLESS OTHERWISE NOTED. TRASH ENCLOSURE SEE ARCHITECTURAL DRAWINGS FOR DETAILS PAVING LEGEND NO. DATE REVISIONS CONCRETE SIDEWALK 12.9' 1 8' 1 24' 8' 8' 7 24' 15.1' 5" P.C. CONCRETE 25.2' SUBMITTAL FOR VILLAGE REVIEW 4" AGGREGATE BASE COURSE - CA-6 ONE-WAY 2 NEW STOOP WEST 16' 20.7' "ONE-WAY" STRIPING TO BE 5' x 15' ADDED AT BASE OF ARROW CONCRETE PAVEMENT RESUBMITTED PER PRELIMINARY COMMENTS 9' 9' EXISTING DESCRIPTION OVERHEAD DOOR 8" P.C. CONCRETE PAVEMENT WITH (6X6/W2.9XW2.9) W.W.F. 5' 4" AGGREGATE BASE COURSE - CA6 ORIGINAL ISSUE DATE: 10-07-2022 REVISED PER VILLAGE COMMENTS EMPLOYEE PARKING ONLY w/ EXISTING WHEEL STOPS WALK MILL AND RESURFACE PAVEMENT 1.5" BITUMINOUS SURFACE COURSE (HMA MIX "D", N50) REVISED PER VILLAGE REVIEW LARAMIE AVE. DATE 10-07-22 04-18-23 05-23-23 08-16-23 BITUMINOUS PAVEMENT PROJECT MANAGER: NO. 1 2 3 4 ONE-WAY 1.5" BITUMINOUS SURFACE COURSE (HMA MIX "D", N50) 15248.OUT S04 EXISTING RMW NRS SOUTH OVERHEAD DOOR 2.5" BITUMINOUS BINDER COURSE (HMA IL-19, N50) RA PROJECT NO.: DESIGNED BY: (3) 4' X 6' AREA FOR 6 BIKE SPACES PRIME COAT, MC-30 AT 0.30 GAL/SY DRAWN BY: 10" AGGREGATE BASE COURSE, (CA-6) 17 R3' 15 15 RELOCATED R2.9' ILLINOIS BOLLARD R8' 25' R10' "ONE-WAY" SIGN ON CHANNEL OUTDOOR "DO NOT DRIVE-THRU 24.5' POST PROPOSED BOLLARDS SEATING R8' ENTRY SIGN ENTER" "DO NOT ENTER" STRIPING TO BE (3) BETWEEN EXISTING R3.2' R15' SIGN PARKING SUMMARY LAYOUT AND PAVING PLAN ADDED AT BASE OF ARROW PLANTERS. BOLLARD 9' 9' 7 SPACING AT 7.5'-8.5' R10' PICK UP 5206 W. TOUHY OUTLOT R10' WINDOW REGULAR SPACES = 131 1 1 R3' ACCESSIBLE SPACES = 5 2,004 SF 3 9 4 1 24.5' 16.5' 6' 13' 12' 25.7' 16.5' PROPOSED TOTAL SPACES = 136 TRASH ENCLOSURE (GROSS BUILDING 8' SEE ARCHITECT 15 PAY BUILDING 7 8' PLANS FOR DETAILS 1 WINDOW AREA) R3.2' ACCESSIBLE PARKING R15' PAVEMENT RESTORE SIGN AND STALL FOR UTILITY CROSSING 4 R15' 15 10 R3' 13' 9.5' R20' 15' 7' 15' MONUMENT SIGN 6'x4' AREA FOR 2 BICYCLES PAVEMENT RESTORE ORDER SPEAKER FOR STORM PIPE DIGITAL MENU BOARD PAVEMENT RESTORE FOR WM PIPE TOUHY AVE. SKOKIE 7325 Janes Avenue Woodridge, IL 60517 630.724.9200 phone www.v3co.com GRAPHIC SCALE 30 15 DRAWING NO. 0 1" = 30' C3.0 E:\2015\15248\15248.OUT\Drawings\ACAD\LD\S04\Sheet Drawings\C3.0 Lay15248.OUT.dwg 09/07/23 2023-26P - Subdivision: 5206 Touhy Avenue Legend Zoning and Development Zoning B2: Commercial B3: Business R2: Single Family Residential 0 150 300 Print Date: 9/5/2023 Notes ft 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. STAFF REPORT 2023-27P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, September 21, 2023 To: Paul Luke, Chairman, Skokie Plan Commission From: Paul Reise, Planning Manager Re: 2023-27P: Special Use Permit 5206 Touhy Avenue Related Cases – 2023-24P: Subdivision 2023-25P: Site Plan Approval 2023-26P: Special Use Permit General Information Location 5206 Touhy Avenue Purpose To obtain approval for a special use permit for outdoor dining Petitioner Bond Touhy, LLC Size of Site 16,261 square feet (0.373 acres) Existing Zoning & B2 Commercial – limited service restaurant, electronics and Land Use appliances sales, pet supplies sale, clinic, vacant commercial, personal service use, limited service restaurant with drive- through Adjacent Zoning & North B2 Commercial – motor vehicle parts and accessories Land Use store with automotive repair facility, fitness center, shoe store, limited service restaurant South B2 Commercial – limited service restaurant, electronics and appliances sales, pet supplies sale, clinic, vacant commercial, personal service use, limited service restaurant with drive-through East R2 Single-Family – limited service restaurant with drive-through (under construction) West B2 Commercial – motor vehicle parts and accessories store with automotive repair facility, fitness center, shoe store, limited service restaurant Comprehensive Plan The site is designated as retail/service employment. VOSDOCS-#613925-v1-Staff_Report_-_2023-27P_-_Special_Use_Permit__5206_Touhy_Avenue 1 of 5 SITE INFORMATION • The site contains a parking lot, driveways, and landscaping. • The site is accessible from driveways at Touhy Avenue and Laramie Avenue. • Overhead utilities run along the north side of the subject site as well as within the Laramie Avenue parkway adjacent to the subject site. Complete Streets  Public sidewalks are present along Touhy Avenue and Laramie Avenue.  A long-term bike route is proposed to be located on Carpenter Road, 1½ blocks west of the subject site.  Bicycle parking is not currently available at the subject site.  The site is directly served by the Pace 226 Oakton Street and Pace 290 Touhy Avenue buses.  The site is within walking distance of residential neighborhoods, services, and schools. STAFF ANALYSIS Petitioner’s Submittal The petitioner is requesting a special use permit for outdoor dining at new Popeye’s Chicken limited service restaurant at 5206 Touhy Avenue in a B2 Commercial district. The outdoor dining area will be located on a pad on the northwest side of the building and will contain 2 tables with seating for 4 persons each. The petitioner also intends to install exterior lighting on the building so that the patio can be utilized by customers in the evening. A trash container will be provided within the outdoor dining area for customer use. Comments Staff comments and review sheets were sent to all pertinent departments. Staff comments on the subject case were received from the Planning Division. All other departments returned the sheets with no comments. Planning Division The Planning Division recommends approval of the special use permit for outdoor dining. The use will provide a seasonal alternative for patrons who wish to eat at the restaurant. VOSDOCS-#613925-v1-Staff_Report_-_2023-27P_-_Special_Use_Permit__5206_Touhy_Avenue 2 of 5 All other conditions in §118-85(e) of the Skokie Village Code relating to the operation of the outdoor dining area must be adhered to as well. APPEARANCE COMMISSION Appearance Commission approved case 2023-13A at the June 14, 2023 meeting. A Certificate of Appropriateness was awarded with the conditions of, reducing the ‘Love that chicken’ sign by at least 10%, and adding landscaping to the Touhy frontage. STAFF RECOMMENDATIONS Staff recommends that the petitioner’s request for a special use permit for outdoor dining at 5206 Touhy Avenue in a B2 Commercial district be APPROVED, based upon the Proposed Positive Findings of Fact and subject to the recommended and standard special use permit conditions. STANDARD SPECIAL USE CONDITIONS 1. The petitioner shall operate and maintain the outdoor dining area in substantial conformance with the final Village approved outdoor patio dining plan dated <insert date of final approved plan>. 2. At least once during every 4 hours of operation and before opening and closing of the business, employees shall patrol the Subject Property and clear it of debris. 3. The owner of every occupied commercial premises used for the sale of packaged or prepared food and the sale of automotive products shall supply at least one approved covered container for litter at the main entrance to the premises for use by customers. The owner of the premises shall be responsible for the removal of litter every four hours. 4. Barriers, fencing, landscaping, and other features shall be utilized to define the outdoor dining area. 5. Use of the area shall be limited to between 8:00 AM and 10:00 PM, but not longer than the posted operational hours of the associated food service facility. 6. Dates of operation shall be limited to between April 1 and October 31 in a calendar year. 7. Outdoor dining areas shall be exempt from the parking regulations if used or set up less than 7 months in a calendar year. 8. All food preparation must take place inside the associated food service establishment. 9. Adequate refuse disposal shall exist as determined by the Health Department. 10. Advertising or promotional features shall be limited to the umbrellas or canopies. 11. All applicable Village and State health requirements shall be met. VOSDOCS-#613925-v1-Staff_Report_-_2023-27P_-_Special_Use_Permit__5206_Touhy_Avenue 3 of 5 12. Dining areas will be reviewed each year during the annual restaurant inspection. The outdoor dining permit may be revoked by the Village Manager at any time on 14 days' notice for failure to comply with the regulations set forth in this subsection. 13. The outdoor dining area shall not be enclosed on more than two sides with walls if roofed over. 14. The outdoor dining area must be located on a surface approved by the Village Manger or designee. 15. The petitioners shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. 16. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to initiate hearings to determine whether the subject Ordinance, as well as any applicable business licenses, should be revised or revoked. 17. The petitioners shall pay all costs related to any hearings conducted as a result of non-compliance with any of the provisions of the enabling ordinance. The costs shall include but not be limited to court reporter fees, attorney fees, and staff time required researching and conducting said hearing. ATTACHMENTS 1. Proposed Positive Findings of Fact 2. Outdoor Patio Dining Plan, dated August 10, 2023 3. Site Plan, dated August 16, 2023 4. ALTA/NSPS Land Title and Topographic Survey, dated September 19, 2022 5. Aerial and Zoning Map VOSDOCS-#613925-v1-Staff_Report_-_2023-27P_-_Special_Use_Permit__5206_Touhy_Avenue 4 of 5 Proposed Positive Findings of Fact 2023-27P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, September 21, 2023 Consideration Finding The request is consistent with the intent of the The request for a special use permit for Comprehensive Plan. outdoor dining is consistent with the intent of the retail/service employment land use identified in the Comprehensive Plan. The request will not adversely affect adjacent There should be no adverse effects created properties. by the proposed use upon the adjacent properties or businesses. The request is compatible with the existing or The request is compatible with the existing or allowable uses of adjacent properties. allowable uses in the area. The request demonstrates that adequate public Adequate public facilities will exist to serve facilities, including roads, drainage, utilities, the requested use. and police and fire protection exist or will exist to serve the requested use at the time such facilities are needed. The request demonstrates adequate provision Adequate provision for maintenance and use for maintenance and use of the associated of the associated structures is demonstrated structures. by the request. The request has considered and, to the degree No adverse effects on the environment will possible, addressed the adverse effects on the be created by the proposed use. natural environment. The request will not create undue traffic Undue traffic congestion will not be created congestion. by the proposed use. The request will not adversely affect public There should be no adverse effect upon health, safety, and welfare. public health, safety, and welfare. The request conforms to all applicable The request conforms to all applicable provisions of this code, except where relief is provisions of this code. granted with the request. VOSDOCS-#613925-v1-Staff_Report_-_2023-27P_-_Special_Use_Permit__5206_Touhy_Avenue 5 of 5 NOTES: 1. ALL DIMENSIONS SHOWN ARE TO BACK OF CURB UNLESS OTHERWISE NOTED. 2. ALL PROPOSED ON-SITE STRIPING SHALL BE 4" PAINTED YELLOW UNLESS OTHERWISE NOTED. DESCRIPTION 3. BUILDING DIMENSIONS ARE TO OUTSIDE FACE OF BUILDING UNLESS OTHERWISE NOTED. 4. ALL CURB AND GUTTER TO BE B6.12 UNLESS OTHERWISE NOTED. TRASH ENCLOSURE SEE ARCHITECTURAL DRAWINGS FOR DETAILS PAVING LEGEND NO. DATE REVISIONS CONCRETE SIDEWALK 12.9' 1 8' 1 24' 8' 8' 7 24' 15.1' 5" P.C. CONCRETE 25.2' SUBMITTAL FOR VILLAGE REVIEW 4" AGGREGATE BASE COURSE - CA-6 ONE-WAY 2 NEW STOOP WEST 16' 20.7' "ONE-WAY" STRIPING TO BE 5' x 15' ADDED AT BASE OF ARROW CONCRETE PAVEMENT RESUBMITTED PER PRELIMINARY COMMENTS 9' 9' EXISTING DESCRIPTION OVERHEAD DOOR 8" P.C. CONCRETE PAVEMENT WITH (6X6/W2.9XW2.9) W.W.F. 5' 4" AGGREGATE BASE COURSE - CA6 ORIGINAL ISSUE DATE: 10-07-2022 REVISED PER VILLAGE COMMENTS EMPLOYEE PARKING ONLY w/ EXISTING WHEEL STOPS WALK MILL AND RESURFACE PAVEMENT 1.5" BITUMINOUS SURFACE COURSE (HMA MIX "D", N50) REVISED PER VILLAGE REVIEW LARAMIE AVE. DATE 10-07-22 04-18-23 05-23-23 08-16-23 BITUMINOUS PAVEMENT PROJECT MANAGER: NO. 1 2 3 4 ONE-WAY 1.5" BITUMINOUS SURFACE COURSE (HMA MIX "D", N50) 15248.OUT S04 EXISTING RMW NRS SOUTH OVERHEAD DOOR 2.5" BITUMINOUS BINDER COURSE (HMA IL-19, N50) RA PROJECT NO.: DESIGNED BY: (3) 4' X 6' AREA FOR 6 BIKE SPACES PRIME COAT, MC-30 AT 0.30 GAL/SY DRAWN BY: 10" AGGREGATE BASE COURSE, (CA-6) 17 R3' 15 15 RELOCATED R2.9' ILLINOIS BOLLARD R8' 25' R10' "ONE-WAY" SIGN ON CHANNEL OUTDOOR "DO NOT DRIVE-THRU 24.5' POST PROPOSED BOLLARDS SEATING R8' ENTRY SIGN ENTER" "DO NOT ENTER" STRIPING TO BE (3) BETWEEN EXISTING R3.2' R15' SIGN PARKING SUMMARY LAYOUT AND PAVING PLAN ADDED AT BASE OF ARROW PLANTERS. BOLLARD 9' 9' 7 SPACING AT 7.5'-8.5' R10' PICK UP 5206 W. TOUHY OUTLOT R10' WINDOW REGULAR SPACES = 131 1 1 R3' ACCESSIBLE SPACES = 5 2,004 SF 3 9 4 1 24.5' 16.5' 6' 13' 12' 25.7' 16.5' PROPOSED TOTAL SPACES = 136 TRASH ENCLOSURE (GROSS BUILDING 8' SEE ARCHITECT 15 PAY BUILDING 7 8' PLANS FOR DETAILS 1 WINDOW AREA) R3.2' ACCESSIBLE PARKING R15' PAVEMENT RESTORE SIGN AND STALL FOR UTILITY CROSSING 4 R15' 15 10 R3' 13' 9.5' R20' 15' 7' 15' MONUMENT SIGN 6'x4' AREA FOR 2 BICYCLES PAVEMENT RESTORE ORDER SPEAKER FOR STORM PIPE DIGITAL MENU BOARD PAVEMENT RESTORE FOR WM PIPE TOUHY AVE. SKOKIE 7325 Janes Avenue Woodridge, IL 60517 630.724.9200 phone www.v3co.com GRAPHIC SCALE 30 15 DRAWING NO. 0 1" = 30' C3.0 E:\2015\15248\15248.OUT\Drawings\ACAD\LD\S04\Sheet Drawings\C3.0 Lay15248.OUT.dwg 09/07/23 2023-27P - Subdivision: 5206 Touhy Avenue Legend Zoning and Development Zoning B2: Commercial B3: Business R2: Single Family Residential 0 150 300 Print Date: 9/5/2023 Notes ft 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.