Plan Commission

Meeting Agenda Plan Commission Meeting Thursday, June 6, 2024 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 2024-13P – Comprehensive Plan Chapter Amendment: Housing The Village Manager of the Village of Skokie, is requesting a Comprehensive Plan Chapter Amendment to Chapter 6 – Housing to update and revise themes that cater to the future housing needs of Skokie residents. After discussion and community input, the Housing Sub-Committee of the Plan Commission has drafted an update to the Village of Skokie’s Comprehensive Plan Housing Chapter. 2024-16P – Special Use Permit: 8266 Lincoln Avenue 8266 Lincoln, LLC, on behalf of RPL Lincoln, LLC, requests a special use permit for a child day care not in a residence in a TX Transit Mixed-Use zoning district, relief from §118-184(a) to provide two 5’ side yards rather than the required 6’ minimum, relief from §118-212(a)(1) to provide a 16’ -wide aisle width adjacent to 90° parking spaces rather than the required 24’, relief from §118-212(i)(10) to provide a 3’-wide walkway at the rear of a building or structure behind which aisle parking provided rather than the required 5’ minimum, relief from §118-185(c)(6) to have less than 50% of the wall area that is between 2 and 12 feet above grade be occupied by windows and/or entry doors, and relief from §118-233(e) to provide no parking lot trees rather than the required 1 tree for every 15 parking spaces within the interior of the parking area, and any other relief that may be discovered during the review of this case. PIN: 10-21-404-014-0000 2024-17P – Zoning Chapter Amendment: Modifications to Outdoor Dining Regulations The Village of Skokie requests modifications to §118-93 Food Establishments and Food Service Requirements of the Skokie Village Code to amend certain outdoor dining regulations and any other modifications that may be required as determined by Village staff during the review of this case. V. Old Business VI. Public Comment (for non-agenda items) Next Meeting will be on June 20, 2024 at 7:30 P.M. VII. Adjournment VOSDOCS-#609406-v15-Meeting_Agenda_-_Plan_Commission_ 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. VOSDOCS-#609406-v15-Meeting_Agenda_-_Plan_Commission_  Draft – Not Approved Plan Commission Meeting Minutes Date: May 16, 2024 PLAN COMMISSION MEMBERS PRESENT: Paul Luke - Chair Jeff Burman - Vice-Chair Scott Berman, Cindy Franklin, Erica Crohn-Minchella, Vijai Gupta, and Ross Mathee PLAN COMMISSION MEMBERS ABSENT: Talia Gevaryahu STAFF PRESENT: Tyler Kobylski, Asst Corp. Counsel, Johanna Nyden, Community Dev. Dir., Mike Voitik, Planning Technician, and Marlene Bargamian, Admin Asst. (I) CALL TO ORDER A quorum being present, Chair Luke called the meeting to order at 7:31 PM. (II) APPROVAL OF MINUTES A motion to approve the minutes of the May 2, 2024 meeting was made by Commissioner Scott Berman and seconded by Commissioner Cindy Franklin. Ayes: Unanimous voice vote. The motion passes. (III) RULING ON NOTICE Assistant Corporation Counsel Kobylski determined that notices were proper and correct in all cases. (IV) CASE DESCRIPTIONS Case 2024-13P – Comprehensive Plan Chapter Amendment: Housing The Village Manager of the Village of Skokie is requesting a Comprehensive Plan Chapter Amendment to Chapter 6 – Housing to update and revise themes that cater to the future housing needs of Skokie residents. After discussion and community input, the Housing Sub-Committee of the Plan Commission has drafted an update to the Village of Skokie’s Comprehensive Plan Housing Chapter. # 619601 Plan Commission meeting minutes May 16, 2024  Draft – Not Approved Staff submitted a memo from the Housing Sub-Committee of the Plan Commission requesting a continuance of this case to the June 6, 2024 meeting. They were unable to convene at their last meeting due to a lack of quorum. The committee will meet on May 23, 2024 and it is anticipated that the draft of the Housing Chapter will be finalized at that time. Case 2024-14P – Special Use Permit: 9306 Skokie Boulevard OP Associates, LLC, an Illinois limited liability company, on behalf of Josh Zwelling, requests a special use permit for outdoor dining at Emma’s Bagel Café at 9306 Skokie Boulevard in a B1 Service Commercial and a B2 Commercial zoning district, and any relief discovered during the review of this case. PINs: 10-16-204-008-0000, 10-16-204-012-0000, 10-16-222-033-0000 Josh Zwelling, managing partner of Emma’s Bagel Café, presented the case. He is proposing to continue an outdoor dining area along the front of his restaurant with 7 tables and seating for 28. He created the outdoor dining option during the COVID pandemic with the Village’s approval and without the need to secure a permit. The hours of operation are from 7 AM to 7:30 PM Sundays through Fridays and closed on Saturdays. The chairman revealed that he frequents the restaurant. Commissioner Mathee informed the petitioner of the seasonal guidelines for outdoor dining being between April 1st and October 31st. Mr. Zwelling stated that he will comply with the established guidelines. Commissioner Berman wanted to verify that the physical space of the outdoor dining area does not spread beyond the storefront. Mr. Zwelling said the outdoor dining area along the sidewalk does not affect any other establishment. Staff requested that the report be accepted into the record as written. They are supportive of the request stating that it was a good option during COVID and will continue to provide an alternative for restaurant patrons. The site is laid out well and is well protected from traffic with oversized wheel stops. There is adequate walkway width between the tables, the building columns, and the edge of the parking lot. Waste receptacles were placed outside and all along the shopping center. Last summer staff notified restaurant locations who operated outdoor dining areas during the pandemic without a permit that special use and outdoor dining permits were required in order to continue the outdoor dining function. The petitioner responded and submitted the necessary documents to comply. # 619601 Plan Commission meeting minutes May 16, 2024  Draft – Not Approved There are some landscape and signage maintenance issues listed in the recommended conditions between the Village and the property management that need to be rectified within 30 days from Village Board ordinance adoption. Vice-Chair Burman remarked that the staff statements regarding controlling trash were thorough. Mr. Zwelling had nothing more to add when asked by the chairman for any comments. Case 2024-15P – Special Use Permit: 8950 Gross Point Road #800 Point Medical Business Park, LLC, on behalf of Tatiana Tsikis, requests a special use permit for services to the elderly and disabled, except primary office uses, in a B2 Commercial zoning district, and any relief discovered during the review of this case. PINs: 10-16-409-030-0000 and 10-16-409-031-0000 Tatiana Tsikis, day care services director and Cindy Cunningham, consultant, presented the case. They gave a brief overview of their request. Adult day care has been in existence since 1974 as available rooms in nursing homes were in short supply. Today, adult day care facilities help keep older seniors out of nursing homes. Forever Young Day Care Services primarily provides supportive care to senior immigrants and refugees from the former Soviet Union & Ukraine offering catered-in cultural meals, some conversation and social interaction, & music enjoyment. They currently operate in Wheeling & are hoping to relocate their Lincolnwood facility to Skokie. On the site plan map, buildings 8930 and 8950 are both shown. Commissioner Berman inquired if they will be occupying space in both buildings. Ms. Tsikis answered that the buildings share a parking lot but they will only be using the tenant space #800 at the west end of building 8950. Staff requested the report be entered into the record as written. The facility will accommodate up to 70 seniors with a staff of 19 employees. Hours of operation are 7:30 AM to 3:00 PM Mondays through Fridays. The clientele will be transported to and from the facility by 3 or 4 company buses/vans. In their written comments, the Fire Prevention Bureau created a list of items that need to be addressed prior to the issuance of building permits. # 619601 Plan Commission meeting minutes May 16, 2024  Draft – Not Approved The Forestry Division stated that the previous owners cut down some trees and never replaced them. They request that an additional tree be planted in the landscape island between 8930 & 8950 buildings. Traffic Engineering mentioned that there are 6 accessible parking spaces on site which meets the state’s requirement. However, one is sub-standard in width and is recommended to be shifted from the right side of the loading area to the left side and striping that area for loading. A total of 164 parking spaces are required for the tenants which will be provided. The reserved parking signs for current tenants will need to be removed as there are no excess parking spaces on site; therefore, all the parking must be shared. Staff is supportive of the petitioner’s request as the busiest time for this use is AM & early PM. The computer school holds evening & weekend classes so there is no conflict. The previous tenant was a large telemarketing business that created heavy traffic problems at the site and in the surrounding neighborhood. The chairman asked if “Reserved for Bus Parking” signage can be placed at the underutilized loading dock for bus parking. Staff will look into it. Commissioner Berman inquired if the pick-up & drop-off area is accessible. Staff displayed the area on the site plan as being near the ramp. He also stated that it is the burden of the owner to make the signage and landscaping changes and the tenant should be able to operate while things are handled. Staff answered that the signage issue should be resolved before tenant occupancy. Commissioner Mathee agreed. Staff offered that it is too hot to plant trees in summer and as not to burden the day care, put a November 30 deadline for planting the tree. Another commissioner asked if the restrooms are ADA compliant. The petitioners stated that they need to be compliant by the State in order to open. They are currently going through the process but need the Special Use permit first. (V) RECOMMENDATIONS AND VOTING Case 2024-13P A motion was made to continue this case to the June 6, 2024 Plan Commission meeting. Motion: S. Berman Second: J. Burman Ayes: 7 # 619601 Plan Commission meeting minutes May 16, 2024  Draft – Not Approved Nays: 0 Case 2024-14P A motion was made to accept as amended, the petitioner’s request for a special use permit for outdoor dining at 9306 Skokie Boulevard. Staff amended the report to remove Condition #1 as it was inserted in error. Motion: J. Burman Second: C. Franklin Ayes: 7 Nays: 0 Case 2024-15P A motion was made to accept as amended, the petitioner’s request for a special use permit for services to the elderly and disabled at 8950 Gross Point Road #800. Staff amended Condition # 3 to require a landscape plan before the Village Board case presentation but all plantings be in place by November 30, 2024. Motion: J. Burman Second: S. Berman Ayes: 7 Nays: 0 (VI) ITEMS FOR COMMUNICATION The chairman announced the resignation of Commissioner Peter Ousley leaving 1 vacancy on the commission. The next regularly scheduled meeting will take place on June 6, 2024. (VII) ADJOURNMENT Chair Luke adjourned the meeting at 8:06 PM. Respectfully submitted, Marlene Bargamian, Administrative Assistant # 619601 Plan Commission meeting minutes May 16, 2024 Memorandum Community Development Department TO: Paul Luke, Plan Commission Chairman Plan Commission Members FROM: Joe Maschek, Housing Sub-Committee Member & Appearance Commission Member DATE: May 28, 2024 SUBJECT: Consideration of Housing Chapter of the Village of Skokie Comprehensive Plan The Housing Sub-Committee of the Plan Commission recommends the Plan Commission provide a positive recommendation of the draft of housing chapter to the Village Board. This chapter will replace the existing chapter of the document. The Village Board established the Housing Sub-Committee of the Plan Commission to study, review, discuss and provide recommendations concerning the housing chapter of the Comprehensive Plan. Comprised of members from several Commissions and Committees in the Village, and community members in Skokie, Housing Sub-Committee members were appointed by the Village Board in August 2023. Throughout the process of creating a draft of the housing chapter, the Housing Sub-Committee:  Held seven (7) meetings, between October 2023 and May 2024, where committee members met to revise the current chapter and brainstorm relevant themes for housing in Skokie.  Organized two community engagement events for public input on the proposed themes and topics addressed in the housing chapter draft.  Created and distributed a survey online and in-person at several locations around the Village to supplement the community engagement meetings. The survey served to inquire about the public’s opinion on the new themes proposed by the Housing Sub-Committee and the most relevant issues surrounding housing in Skokie. With the work done over a span of eight (8) months, along with the community engagement opportunities, the Housing Sub-Committee finalized the themes and created a final version of the Housing chapter to present to the Plan Commission on June 6, 2024. 619780 1 DRAFT — CHAPTER 6 - HOUSING In May of 2023, the Skokie Village Board approved a Resolution establishing a Housing Sub-Committee of the Plan Commission to study, review, discuss and provide recommendations concerning the Housing Chapter of the Comprehensive Plan. The members of the Housing-Sub Committee were appointed in August of 2023 with the goal of drafting an updated Housing Chapter that reflects an updated vision toward the future of housing in Skokie. After six months of meetings and collaboration with the community, the Sub-Committee has drafted the following document, emphasizing several important components toward the goals of prospective housing in Skokie. Housing is an essential community component as well as a life necessity. The Village aspires to provide a variety of housing types for all demographics and stages of life that is both inclusive and accessible to all who want to live in Skokie. Increasingly, people are seeking housing that can accommodate a range of needs. This includes: ● Residents who seek housing for all stages of life – first-time owners/renters, families, and accessible housing to accommodate older adults and empty nesters; ● New residents who are welcomed to Skokie from more urban spaces or new immigrants coming to the United States for the first time – Skokie is recognized regionally as being proximate to the City of Chicago while maintaining desirable suburban amenities and services like K-12 schools, parks, and public facilities. ● Residents who want housing that reflect lifestyle choices seek housing that can be rehabbed or adjusted to suit particular living arrangements (e.g. work-from- home arrangements, multi-generational housing, or sustainability features that reduce one’s carbon footprint). Skokie residents want to live in a suburban community with strong educational resources, community amenities, access to transportation options, and above all seek high quality housing. This chapter of the Comprehensive Plan will include themes and ideas that village residents and stakeholders found to be the most essential for the development of new housing. These themes include ideas of attainability, inclusivity, affordability, and diversity, which signal the changing needs of Skokie residents. This chapter will examine the future of housing in Skokie; what type and how much housing we and our neighbors are developing; and other housing activities outlined in the 2020-2025 Consolidated Plan for Community Development Block Grant (CDBG) funding and the Environmental Sustainability Plan (2022). EXISTING HOUSING CONDITIONS 1 619144 DRAFT — CHAPTER 6 - HOUSING Skokie’s current housing stock includes single-family homes and multi-family buildings, both owner- and renter-occupied. It also includes housing specifically supporting older adults, persons living with disabilities, congregate living facilities (group homes), and assisted-living facilities. The majority of homes in Skokie were constructed between 1940 to 1969 during the postwar boom that occurred in suburban areas across the country (Source: CMAP Snapshot 2023). As a result, approximately 68% of the housing stock in Skokie is characterized as being from a period that reflected housing for working families earning moderate and middle incomes at that time. To meet this demand, the housing was constructed using both similar building materials as well as similar design styles resulting in several communities that closely resemble each other (e.g. low-rise brick housing). More recent housing developments make up 16% of Skokie housing stock, which is often designed as infill development and is costlier to construct. Much of Skokie’s older housing stock, while attractive to buyers, has a challenge of meeting the needs of current market demands. Residents increasingly want more living space for gathering in outside areas, dedicated home office spaces, rooms that are on single levels of living to accommodate current or future accessibility needs, and other spaces that support high-quality living experiences. Approximately 61% of the housing stock in Skokie is single-family homes (Source: ACS five-year estimates 2017-2021); and there is a growing interest for other housing options, such as townhomes, multi-family homes, and even accessory dwelling units (ADUs), that offer other attainable housing options to meet the needs of current and future Skokie residents. Vision Statement The Village seeks to provide a diverse range of housing that addresses the current housing demand and plans for all future housing demand in Skokie. This vision is accomplished through four (4) themes: H1 Community Enhancement – Foster the creation of public spaces that support a greater sense of community in Skokie’s neighborhoods in and around residential areas. This encourages walkability, pedestrian-oriented development and sustainable practices. Promote accessibility in neighborhoods by guiding developments that include sidewalks, bike lanes, and safe crosswalks for comfortable and pedestrian-friendly environments. H2 Promote Housing Type Flexibility – Provide a flexible housing policy that allows for a greater mix of housing development that is more accessible, 2 619144 DRAFT — CHAPTER 6 - HOUSING attainable for a range of household incomes, and encourages sustainable practices. Promote a variety of housing types and sizes within village constraints to meet the housing demand of growing and changing population demographics. H3 Reasonable Standards – Provide housing policy that allows for a range of housing development that caters to the current needs of families in Skokie. Consider the needs of current Skokie homeowners and promote policy that protects and assists longtime residents and homeowners. H4 Reinvest and Retain – Encourage the development and redevelopment of a variety of housing types through housing policy and development activities. Support adaptive reuse and modification to existing housing stock. H1 - Community Enhancement Foster the creation of public spaces that support a greater sense of community in Skokie’s neighborhoods in and around residential areas. This encourages walkability, pedestrian-oriented development and sustainable practices. Promote accessibility in neighborhoods by guiding developments that include sidewalks, bike lanes, and safe crosswalks for comfortable and pedestrian-friendly environments. Community enhancement seeks to create attractive neighborhoods in all parts of Skokie. In the Village’s previous version of this Chapter, this idea was expressed through the idea of a “location” theme – the idea of housing being located in areas where people can benefit from public amenities like transportation, open space, schools, services, and housing that supports the health and well-being of individuals. Noted in the discussions for the development of this Chapter is the idea of establishing stronger neighborhood identities, as is evident in Salem Village and Timber Ridge. Other areas of Skokie present opportunities to build identity. Encouraging the creation of neighborhood identity through new investment in areas surrounding new development or investing in the spaces within existing neighborhoods creates stronger neighborhoods, greater positive feelings about one’s community, and establishes more places people want to live. This can be realized through investment in public and private green spaces and requiring that projects meet high standards of design and utilize quality materials. Neighborhood identity and accessibility. Skokie residents are proud of their community character and place a high value toward creating a “sense of place” in their 3 619144 DRAFT — CHAPTER 6 - HOUSING neighborhoods. A sense of place can exist when one feels like a part of their community and that their community is unique and has an identity. When neighborhoods are walkable and accessible to parks and other social spaces, it creates opportunities to sit and relax, eat, socialize, and shop. What brings character to Skokie neighborhoods may differ from one resident to the next; however, neighborhood character includes a sense of community and neighborhood identity that provides options for residents of all ages, abilities, and socioeconomic levels. Overall, these public spaces should strengthen the connections between people and the spaces they use or live in. Improve design standards for new construction and significant remodeling. Much of Skokie’s housing was developed during a time of rapid suburbanization and construction, utilizing common building materials and design. Looking into the future, improving design standards and zoning codes to promote more flexibility and unique expressions of architecture diversity will help create more unique housing throughout Skokie as properties experience reinvestment. The utilization of form-based code 1 may also help provide better guidance to create a linked zoning and design standard to ensure the most attractive projects are advanced to construction. H2 - Promote Housing Type Flexibility Provide a flexible housing policy that allows for a greater mix of housing development that is more accessible, attainable for a range of household incomes, and encourages sustainable practices. Promote a variety of housing types and sizes within village constraints to meet the housing demand of growing and changing population demographics. Provide a mix of housing options that are accessible and attainable. Although the population of Skokie has remained relatively constant, the demands of the population have changed in terms of what type of housing is desired. Skokie is unique in that in addition to a range of single-family homes and condos, the housing stock also contains a number of small multi-family homes, such as 2- or 3-flats and townhomes. By investing in the existing, aging housing stock, residents can remain in place and thrive in Skokie. When it comes to new housing, it is important to provide a mix of housing options to accommodate the range of needs of Skokie’s community. This includes attainable housing for first-time renters/homeowners, families of all sizes, older adults, empty nesters, and those who would benefit from accessible units. Allow for flexibility for new development. Flexibility can also be applied to existing development within the village. By allowing for more accommodating housing policies 1 Form-based code refers to land development that prioritizes the physical form of buildings and their relationship within the public realm, instead of the emphasis on land use as used in traditional zoning codes. 4 619144 DRAFT — CHAPTER 6 - HOUSING and codes, it helps Skokie to grow in a way that encompasses the needs of the community. For example, adaptive reuse practices could allow a former commercial or office building to be converted into a greater needed use, such as mixed-use or residential units. More creative development may be encouraged by allowing for more uses in certain zoning categories. Skokie’s existing housing stock is a valuable asset to the community; however, many families may feel as though they need more space to work from home or accommodate their growing family. By providing flexible development options for homeowners in these districts, residents can further invest in their home and continue to stay in Skokie and age in place. Standards should promote and incentivize investment in the existing housing and building stock. Adaptive Reuse. There is limited opportunity for redevelopment because Skokie contains no undeveloped land. One method that allows developers to breathe life into unused buildings or spaces is called adaptive reuse. Adaptive reuse, or building reuse, refers to the repurposing of an existing structure for a new use, converting it into something useful for the surrounding area. Commercial retail, for example, has dramatically changed since the time when many shopping centers were built. By allowing the conversion of vacant commercial properties into a higher needed use, such as housing, the community benefits from the revitalization. Some advantages that adaptive reuse has over brand-new development is that they often have lower construction costs, quicker construction timelines, and are popular with communities interested in preserving unique or important landmarks. By finding opportunities for adaptive reuse and keeping alignment with other approved plans, sections of Skokie could be re-invented with new opportunities. Zoning Code updates. Along with the Housing Chapter Update, existing portions of the Zoning and Building code will be reviewed, as it is possible that there are sections in the code that inhibit or deter housing development in areas where housing may be appropriate. This will serve to allow more housing options in areas that provide robust public transportation options and have the potential to create walkable communities within business and mixed-use districts. Reviewing and making changes to the Zoning and Building code allows the opportunity for a mix of housing types, like Accessory Dwelling Units (ADUs). H-3 Reasonable Standards Provide housing policy that allows for a range of housing development that caters to the current needs of families in Skokie. Consider the needs of current Skokie homeowners and promote policy that protects and assists longtime residents and homeowners. Provide transparent guidelines and standards to existing homeowners. The ability to create a home that is customized for households of all sizes and needs is something 5 619144 DRAFT — CHAPTER 6 - HOUSING that residents have voiced as of high importance. The Village can partner with homeowners to support them with personalizing their homes to fit their needs. This includes: ● Ensuring that sustainable and high-quality developments are built ● Fostering a transparent and easy process to modify homes ● Upholding Skokie’s enforcement of Fair Housing. Skokie’s Commitment to Fair Housing began in 1967 with the establishment of a Fair Housing Ordinance, which stated that all persons shall be assured full and equal opportunities to obtain fair and adequate housing for themselves and their families within the village without discrimination. Consider sustainable and resilient policies and standards. Extreme weather and climate change are increasingly a more common experience in Skokie. Ensuring that the village’s housing is positioned to adapt to more sustainable and resilient practices (e.g. utilization of native plantings instead of turf, making homes solar ready, and other sustainable measures). H4- Reinvest and Retain Encourage the development and redevelopment of a variety of housing types through housing policy and development activities. Support adaptive reuse and modification to existing housing stock. Support of new housing developments should prioritize design integration with surrounding neighborhoods at both scale, building bulk, materials, and other aesthetics. New developments should bring greater housing diversity to neighborhoods. Building for today’s housing needs. Neighborhood character can exist at an individual home level, creating a sense of comfort and accommodation for all residents. Skokie has a variegated housing stock and therefore community and neighborhood character should be able to reflect the needs of residents. Much of Skokie’s housing stock may have been built at a time when smaller homes were more common, creating barriers for larger or multigenerational households who need more space. Creating options for internal or external accessory dwelling units (ADUs) or other custom modifications could accommodate the needs of residents and allow them to age in place and remain in Skokie. There is a strong desire for residents’ homes to meet or exceed their expectations on lifestyle and family needs, in hopes of creating a long-lasting home. When building new housing, one tactic helpful for all households is incorporating Universal Design standards. The term Universal Design refers to design that’s usable by all people, to the greatest extent possible, without the need for adaptation or specialized design. 6 619144 DRAFT — CHAPTER 6 - HOUSING Examples of these design standards include better lighting, wider doorways, and hallways that are more accessible utilizing level thresholds. By building homes designed for all people, we ensure they are functional for people with any type of impairment of the body or mind while ensuring that the design is useful for everyone. Building homes and investing in a community for the future also should include high-quality sustainable building practices and high-quality standards so that the home is long-lasting. Residents who want to age in place near or with their families may need homes that are larger or have internal or external accessory dwelling units to accommodate these changing life phases. Skokie is a culturally diverse community, which creates a need for different styles of households that may want to live together under one roof or nearby. The ability to reasonably enhance one’s home is an important topic that community members have expressed, allowing households to create a unique and accommodating living experience in Skokie. CONCLUSION: There are several aspects that make Skokie a desirable place to call home. As the Village of Skokie continues to be a growing and diverse community, the need for adaptable, attainable, and varied housing has become more and more important. While community members find themselves residing in homes built in the 1950s and 1960s, they also desire to make investments in their homes today. The future of housing in Skokie will need to be flexible to accommodate community needs for households of all sizes and income levels. Looking forward, Skokie is committed to accommodating its ever-evolving population and remaining in tune with the future of housing. This means staying true to its commitments from the past while also understanding current needs and desires to ensure a viable community into the future. 7 619144 STAFF REPORT 2024-16P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, June 6, 2024 To: Paul Luke, Chairman, Skokie Plan Commission From: Jose Acosta, Planning Coordinator Re: 2024-16P: Special Use Permit Guidepost Montessori Child Day Care 8266 Lincoln Avenue General Information Location 8266 Lincoln Avenue Purpose To obtain a special use permit for a child day care not in a residence at 8266 Lincoln Avenue in a TX Transit Mixed-Use zoning district and any relief discovered during the review of this case. PIN: 10-21-404-014-0000 Petitioner Paul Leongas, RPL Lincoln, LLC Size of Site 9,000 square feet (.20 acres) with 75.00 feet of frontage on Lincoln Avenue. Existing Zoning & TX Transit Mixed-Use – vacant (previously Curragh Irish Pub) Land Use Adjacent Zoning & Northeast R2 Single-Family – residential, detached Land Use Madison Elementary School, Skokie School District 69 Southwest R2 Single-Family – residential, detached R4 Multifamily Housing – residential, detached East R4 Multifamily Housing – residential, detached Madison Place Condominiums West R2 Single-Family – residential, detached R4 Multifamily Housing – residential, detached Southeast TX Transit Mixed-Use – Auto Repair Shop Northwest NX Neighborhood Mixed-Use – Dental Office Comprehensive Plan The site is designated as retail/service employment. SITE INFORMATION  A 16-foot wide concrete paved public alley abuts the west lot line.  Lincoln Avenue from addresses block 8200 to 8299 is designated as a Retail Street. VOSDOCS-#619777-v1-2024-16P_-_Special_Use_Permit_-_8266_Lincoln_Avenue 1 of 9   Street parking is available on Lincoln Avenue directly adjacent to the site. Complete Streets • The site is served by Pace bus route 210 on Lincoln Avenue. • Public sidewalks are located along both sides of Lincoln Avenue STAFF ANALYSIS Petitioner’s Submittal RPL Lincoln, LLC is requesting approval for a special use permit for a child day care not in a residence, and any relief discovered during the review of this case. The petitioner submitted the following statement: The proposed hours of operation are from 7:00am to 6:00pm - Monday through Friday. The staff typically arrives from 7:00am – 7:30am to prepare for children’s drop–off and arrivals. Although the facility closes at 6:00pm, the facility will occasionally remain open for evening activities such as routine after-hours administrative duties, parent meetings, teacher/professional development, and community activities. The following is a sample schedule with key arrival and departure time ranges identified. Early arrivals (pre-care) and late pickups (extended care) are part of our standard tuition package, and our families are not penalized for utilizing the following wide range of drop-off and pick-up windows. Sample School Schedule 7:00-7:30 Staff Arrival Drop-Off Arrival Window 7:30-9:00 • 7:30am – 9am is pre-care 9:00-11:00 Morning Work Period Starts 11:00-12:00 Lunch and Outside Play 12:00-12:30 Half-Day Dismissals 12:30-2:30 Nap Time 2:30-4:30 Snack and Outside Play Pick-Up Departure Window 2:30-6:00 • 3pm – 6pm is extended- care Arrival and departure times are spread over an approximate (2.5) hour period in the morning and (3.5) hour period in the afternoon. There are also some half-day VOSDOCS-#619777-v1-2024-16P_-_Special_Use_Permit_-_8266_Lincoln_Avenue 2 of 9  dismissals that further spread out the afternoon pickups. At other campuses, Guidepost Montessori generally experiences a steady flow of arrivals and departures throughout the drop-off and pick-up time zones that does not cause parking lot congestion or the need for traffic mitigation. The parking layout will provide parking spaces behind the building along the alley. There are also designated loading spaces in front to be used as pick-up and drop-off spaces. There is ample street parking available along Lincoln and along Laramie which allows for parents or guardians to park, walk their children into the facility, where each child is checked into an electronic (SmartCare) system. The parent or guardian then returns to their car. The process happens in reverse for pick up. The day-care will serve up to (151) children, from infant through six- years old. Guidepost Montessori intends to have approximately (17) staff members, including teachers and administrators. There will be (1) NIDO class of 9 (infants), (1) YOUNG TODDLERS classroom with 10 kids (15-23 months), (3) TODDLERS classrooms with 42 kids (2–3-year-old), (3) CHILDREN HOUSE classrooms with 90 kids (3–6-year-old) along with a rooftop playground Comments Staff Comment and Review sheets were sent to all pertinent departments. Staff comments on the subject case were received from the Traffic Engineering Division and the Planning Department. Forestry and Civil Engineering submitted comments regarding required permitting. All other departments returned the sheets with no comments. Traffic Engineering Concerns The comments below are in reference to the Traffic Impact Study (TIS) submitted in a previous review. A revised TIS was not submitted with the revised site plan and the initial comments have not changed. Staff has concerns over the outdated Traffic Impact Study as it may show inaccuracies with the stated traffic counts and the suggested “Pick-Up and Drop-off Evaluation”. Changes to the Site Plan, submitted on April 30, 2024, including net floor area, reduce the intensity of the use and alters the off-street parking requirement for the site. A revised Traffic Impact Study is highly suggested to get a more accurate reading of the potential traffic congestion surrounding the site and use. Although the Traffic Impact Study reflects the previous site plan, Traffic Engineering’s main concern from the previous study is the stated 59% probability that one to three vehicles will be in queue for pick-up and drop-off. Any vehicles waiting to use the loading zone spaces is not desirable as it can spill into blocking driveways and spill into the intersection of Madison St/Lincoln Ave. Madison Elementary utilizes this intersection for pick-up and drop-off. 56 drop-off vehicles were used for the analysis. VOSDOCS-#619777-v1-2024-16P_-_Special_Use_Permit_-_8266_Lincoln_Avenue 3 of 9 Planning Division The Planning Division reviewed the site plan dated March 21, 2024, and the floor plan dated March 21, 2024. The existing vacant building (formerly Curragh Irish Pub) will be razed and replaced by a child day care center. Guidepost Montessori for Early Childhood Development is a day care provider for children between the ages of 6 weeks to 6 years old. The day care will serve up to 151 children and will have approximately 17 total staff members. Year-round hours of operation will be from 7:00 a.m. to 6:00 p.m., Monday through Friday. The fully- sprinklered building will have 8 classrooms, an outdoor rooftop deck with a playground, and an additional playground area located at the rear of the building near the parking lot. The building also includes a kitchen, storage rooms, and a staff area. The parking requirement for a child day care not in a residence use is 2.0 spaces for each 1,000 sq. ft. Staff has determined that the total net floor area of the proposed building to be approximately 11,300 square feet, requiring a total of approximately 23 parking spaces, however only 7 parking spaces are provided on-site. A variation cannot be applied because the property is in a mixed-use zone. If approved (as is) the applicant would need to pay $339,000 into the parking fund per section 118-218(7)(e). If the proposed use changes, the site will be subject to a new off-street parking requirement. After reviewing the most recent site plans and floor plans, Staff has determined the following items of relief: 1. The minimum required side yard for a building not abutting a residential district in the TX zoning district is 6 feet when a side yard is provided. The site plan shows two side yards, both of which are less than 6 feet in width. Relief will be required; site plans show two 5’ side yards. 2. With the alley functioning as the driveway to access the parking spaces, an aisle width of 24' is required for 90-degree parking spaces (118-212(a)(1)). Relief will be required, the site plan does not show the 4’ dedication, and the 16’ wide public alley remains. 3. Since 8266 Lincoln Avenue is in a Retail Street, here are some additional building regulations to follow: - Building elevation plans show a first-floor height of 13' 4. Section 118- 184 (c)(2) will be needed to provide a minimum first-floor height of 15 feet from grade to second story finished floor level on a Retail street. - 118-184 (c)(6) At least 50% of the wall area that is between 2 and 12 feet above grade shall be occupied by windows and/or entry doors. These windows and doors shall meet the following requirements: A. Utilize clear transparent glass in order to provide clear views of building interiors from the street and to allow natural surveillance of the street and adjacent outdoor spaces. B. Tint, internal screening, patterns or mirrored coatings are VOSDOCS-#619777-v1-2024-16P_-_Special_Use_Permit_-_8266_Lincoln_Avenue 4 of 9  prohibited. C. Coatings shall be limited to those necessary to meet the minimum U-factor requirement in the latest addition of the International Energy Conservation Code adopted by the State of Illinois. D. Be of commercial grade and design. E. The surface shall not be covered or obstructed by products, signs in excess of the requirements in the Signs chapter, or other opaque materials place behind the window. - 118-184 (c)(7) At least 25% of the wall area between 3 and 8 feet from the finished floor level of upper stories shall consist of glass for all non- residence uses. Staff has no objections to the requested relief. Previously, relief for code section 118-212(i)(10) was requested to provide a 3’-wide walkway at the rear of the building or structure behind which aisle parking is provided rather than the 5’ minimum. However, Section 118-212(11) of the Village zoning code allows the 3’ walkway in the rear of the building where aisle parking is provided under the following circumstances: a. Where any parking area has direct access to the parking stalls from an alley and is also located directly to the rear of the building; and b. Where the sidewalk abutting the parking area or which provides access to the building from the parking area is not in conflict with vehicular traffic maneuvers, including backup maneuvers. The site plan shows the off-street parking layout and walkway in accordance with code section 118-212(11), therefore no longer requiring this item of relief. APPEARANCE COMMISSION This item has not yet been reviewed by the Appearance Commission but will require a Certificate of Appropriateness awarded by the Appearance Commission prior to the hearing before the Board of Trustees due to the proposal involving the construction of a new building. STAFF RECOMMENDATIONS Staff recommends that the petitioner’s request for a special use permit to operate a child day care not in a residence at 8266 Lincoln Avenue be APPROVED, based upon the Proposed Positive Findings of Fact and subject to the recommended and standard special use permit conditions. In addition, the petitioner is requesting from the following sections of the Village Zoning Code: • Relief from §118-184(a) to provide two 5’ side yards rather than the required 6’ minimum. • Relief from §118-212(a) to provide a 16’-wide aisle width adjacent to 90-degree parking spaces rather than the required 24’. VOSDOCS-#619777-v1-2024-16P_-_Special_Use_Permit_-_8266_Lincoln_Avenue 5 of 9  • Relief from §118-184(c)(6) to have less than 50% of the wall area that is between 2 and 12 feed above grade be occupied by windows and/or entry doors. • And relief from §118-233(r) to provide no parking lot trees rather than the required 1 tree for every 15 parking spaces within the interior of the parking area, and any other relief that may be discovered during the review of this case. RECOMMENDED SPECIAL USE CONDITIONS 1. Prior to a hearing of the subject case before the Board of Trustees, the petitioner must submit payment to the Village, per section 118-218(7)(e) of the Village of Skokie Zoning Code, to be held in a reserve account to provide for the acquisition, erection, construction, or installation of public parking structures or lots within or adjacent to a mixed-use district, for each deficient required parking space under the following conditions: 1.The off-street parking space is not a required resident space for residence use in (b)(1) of this section but may be a space required for guests. 2.The off-street parking space is required for a use other than in (b)(7) e.1. of this section. 3.The off-street parking space is being used as a credit for a FAR bonus in Section 118-184(b) for a commercial parking space in excess of required parking requirements available for nonrestricted public use. 4.A contribution of $15,000 for each of the first 5 parking spaces requested and $24,000 for each additional parking space requested thereafter must be paid prior to the issuance of a building permit 2. The petitioner shall develop the Subject Property in substantial conformance with the final Village approved site plan dated March 21, 2024, and floor plan dated March 21, 2024. (Standard) 3. Provide lighting plan in accordance with IES and Section 118-212 (k) lighting. 4. 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) 5. Any outdoor sound systems shall at all times maintain audio levels that are compliant with the Skokie Village Code. (Standard) 6. All existing damaged public sidewalks or public sidewalks damaged due to the implementation of this plan shall be replaced. (Standard) 7. No objects are allowed within a 15’ sight distance triangle between 30” and 84” from grade except traffic control devices listed in the Manual on Uniform Traffic Control Devices. (Standard) 8. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage, landscaping, structures, and any other facilities or infrastructure on the Subject VOSDOCS-#619777-v1-2024-16P_-_Special_Use_Permit_-_8266_Lincoln_Avenue 6 of 9  Property shall be maintained in a good state of repair, and when needed, be repaired or replaced in a timely manner. (Standard) 9. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other objects that may impede travel. (Standard) 10. 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 or the Director of Community Development. All trash shall be contained in such a way as to remain out of sight at all times. (Standard) 11. All off-street parking spaces shall be legibly striped and maintained. (Standard) 12. Any plan to modify parking lot striping must be approved by the Director of Engineering. (Standard) 13. The proposed development shall have a minimum of 28 off-street vehicle parking spaces including 2 handicapped parking spaces, as indicated on the Subject Property plan dated <insert date of final approved plan>. (Standard) 14. 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) 15. 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) 16. The owner of the Subject Property [and its tenant] shall ensure that employees park on the Subject Property. (Standard) 17. 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) 18. 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) 19. All new construction, alterations, and remodeling shall meet current International Building and NFPA Life Safety Codes as amended. (Standard) 20. The petitioner shall obtain all required permits and approvals for improvements to County, State, or Federal rights-of-way from the governing jurisdiction. (Standard) 21. 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) VOSDOCS-#619777-v1-2024-16P_-_Special_Use_Permit_-_8266_Lincoln_Avenue 7 of 9 22. 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. (Standard) 23. All modifications to building elevations, signage, and landscaping shall be subject to the review and approval of the Skokie Appearance Commission. (Standard) 24. 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) 25. 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 the special use permit. (Standard) 26. 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) 27. The petitioner shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. (Standard) 28. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to initiate hearings to determine whether the subject Ordinance, as well as any applicable business licenses, should be revised or revoked. The petitioner shall pay all costs related to any hearings conducted as a result of non-compliance with any of the provisions of the enabling ordinance. The costs shall include but not be limited to court reporter fees, attorney fees, and staff time required researching and conducting said hearing. (Standard) ATTACHMENTS 1. Proposed Positive Findings of Fact 2. Site Plan, dated April 30, 2024. 3. Floor Plan, dated April 30, 2024. 4. ALTA/NSPS Land Title Survey, dated March 6, 2024. 5. Land Use and Zoning Map, dated May 3, 2024. VOSDOCS-#619777-v1-2024-16P_-_Special_Use_Permit_-_8266_Lincoln_Avenue 8 of 9 Proposed Positive Findings of Fact 2024-16P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, June 6, 2024 Consideration Finding The request is consistent with the intent of the The site is designated as retail/service Comprehensive Plan. employment in the Comprehensive Plan, of which education is an appropriate use for such designation. The request will not adversely affect adjacent The proposed use will not adversely affect properties. adjacent properties, as the parking areas will remain in the existing locations. The request is compatible with the existing or The proposed use is compatible with the allowable uses of adjacent properties. existing or allowable uses of adjacent properties. The request demonstrates that adequate public The proposed use demonstrates that facilities, including roads, drainage, utilities, adequate public facilities, including roads, and police and fire protection exist or will exist drainage, utilities, and police and fire to serve the requested use at the time such protection exist or will exist to serve the facilities are needed. requested use. The request demonstrates adequate provision The request demonstrates adequate provision for maintenance and use of the associated for maintenance and use of the associated structures. structures. The request has considered and, to the degree There should be few, if any, adverse effects possible, addressed the adverse effects on the on the natural environment from the natural environment. proposed use. Motor vehicle, bicycle, pedestrian, and stormwater facilities will be accommodated as part of the development. The request will not create undue traffic The proposed use is not expected to create congestion. undue traffic congestion. The request will not adversely affect public The proposed use will not adversely affect health, safety, and welfare. the public health, safety, or general welfare. 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. VOSDOCS-#619777-v1-2024-16P_-_Special_Use_Permit_-_8266_Lincoln_Avenue 9 of 9 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STAFF REPORT 2024-17P: Zoning Chapter Amendment Community Development Department Council Chambers, 7:30 PM, June 6, 2024 To: Paul Luke, Chairman, Skokie Plan Commission From: Justin Malone, Neighborhood & Housing Coordinator Case: 2024-17P: Zoning Chapter Amendment Modifications to Outdoor Dining Regulations General Information Petitioner Village of Skokie Purpose The Village of Skokie requests modifications to Section 118-93 Food Establishments and Food Service Requirements, and any other related sections of the Skokie Village Code to amend certain outdoor dining regulations and any other modifications that may be required as determined by Village staff during the review of this case. STAFF ANALYSIS In order to expedite the outdoor dining permitting process, the Community Development Department is proposing to allow outdoor dining as a permitted use in all commercial and mixed-use zoning districts as well as implement an administrative staff- level approval process for all outdoor dining permits received. Outdoor dining applications with requested relief outside of the standard regulations (i.e. extended outdoor dining hours) would still be required to receive approval from the Zoning Board of Appeals for relief. Although outdoor dining is not a new concept, the interest in dining outdoors increased significantly during the pandemic. Since then, many business owners have strived to ensure that an outdoor space to enjoy is made available to patrons. While the Village currently has a process to allow outdoor dining in specific zoning districts, the process can be lengthy, especially as a Special Use in certain districts. The lengthy process, often coupled with the application fees can be seen as a hurdle for many business owners, especially those who are unfamiliar with the approval process. Currently, outdoor dining is a permitted use in TX, CX, B3, B4, and H1 zoning districts and is permitted as a special use in NX, B1, B2, B6, and M1 districts. Staff recommends retaining some regulatory controls in the outdoor dining approval process to ensure each site is compatible with surrounding uses, seating, safety, etc. Standard regulations for outdoor dining currently include limited hours between 8:00 AM and 10:00 PM, limited months of use between April 1 and October 31, and design or safety standards. 1 619317 v1-Staff_Report_2024_17P_Zoning_Chapter_Amendment_for_Outdoor_Dining_Regulations Under the proposed code modification, relief from any base standards will require Zoning Board approval. The proposed changes would: 1. Make outdoor dining a permitted use within all commercial and mixed-use zoning districts within the Village. 2. Expedite the outdoor dining permit process for applicants by allowing an administrative review and approval. 3. Eliminate the need for Village Board approval for outdoor dining permits that fall within Village standards. 4. Applicants with circumstances beyond standard Village code permissions would be required to receive Zoning Board approval. STAFF RECOMMENDATION Staff recommends that the following sections of Chapter 118 - Zoning of the Skokie Village Code be amended, with text to be added highlighted and text to be removed highlighted and stricken through in the attached draft ordinance. 2 619317 v1-Staff_Report_2024_17P_Zoning_Chapter_Amendment_for_Outdoor_Dining_Regulations Sec 118-7. Zoning Board of Appeals. (a) General. This section addresses the duties and responsibilities of the Zoning Board of Appeals, hereafter referred to as "the ZBA," and other officials and agencies, with respect to the administration of this chapter. (b) Establishment of the ZBA. The establishment of the ZBA shall be in accordance with the policies and procedures set forth in this code. (c) ZBA reporter. A reporter to assist the ZBA shall be appointed by the Zoning Official. The reporter keeps records of the ZBA meetings for public record and conducts all correspondence, including the notification of decisions. The reporter shall prepare and submit the minutes of the ZBA meetings to the chairperson and the ZBA for approval. (d) Duties and powers. (1) Variances. The ZBA hears and decides appeals to the terms of this chapter. Limitations as to the ZBA's authorization are set forth in this chapter. a. Location and size of accessory buildings and structures within permitted yards. b. Height of a building or structure provided that a certificate of appropriateness has been issued by the Appearance Commission. c. Spacing between congregate living facilities. d. Land coverage, floor area ratio, or impermeable surface ratios. e. Size of all required yards and the placement of buildings or structures therein. f. Number of required off-street motor vehicle or bicycle parking spaces and from the requirements of Section 118-212, Motor vehicle parking facility design standards, (a) Size and clearance. g. Reduction in the setback requirement for landscaping in business districts along arterial streets, Main Street, or Howard Street, provided that the project would not be economically feasible but for the variance or that other design features are substituted for the landscaping that have been approved by the Appearance Commission. h. Parking certain commercial vehicles in residential districts. i. Requirements in the Signs chapter of this code. 3 619317 v1-Staff_Report_2024_17P_Zoning_Chapter_Amendment_for_Outdoor_Dining_Regulations j. Reducing a required minimum lot area, lot width, or required side yard to build a detached residence on a substandard buildable lot of record in a residential district established prior to 1947, provided it meets all the other requirements of this chapter. The owner shall provide with the application for a variance a survey of the lot by a duly licensed land surveyor and the portion of the adjacent lots including the distance between the side lot line and the nearest part of the buildings or structures thereon. k. Relief for outdoor dining outside of standard conditions as mentioned in Sec. 118-93 (e) (1). Sec. 118-93. Food establishments and food service requirements. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Outdoor dining means a facilitated environment which allows a restaurant or bar to place tables and chairs within a fixed boundary so patrons can dine on the sidewalk, parking area, or otherwise designated area outside of the indoor confines of the food service establishment. 4 619317 v1-Staff_Report_2024_17P_Zoning_Chapter_Amendment_for_Outdoor_Dining_Regulations Sec. 118-93. Food establishments and food service requirements. (a) A screened garbage corral with an impermeable surface shall be provided to contain all dumpsters. (b) No tables or eating counters shall be allowed at food establishments. The addition of tables or eating counters shall constitute the addition of a food service use at that location, and all additional regulations for that food service use shall apply. (c) At least once during every 4 hours of operation and before opening and closing of the business, employees shall patrol the property and clear it of litter. (d) The sale of open alcoholic beverages at carryout restaurants is prohibited. (e) Outdoor dining. (1) Standard conditions. The following shall apply to all outdoor dining areas: a. Barriers, fencing, landscaping, and other features shall be utilized to define the outdoor dining area. b. 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. c. Dates of operation shall be limited to between April 1 and October 31 in a calendar year. d. Outdoor dining areas shall be exempt from parking regulations if used or set up less than 7 months in a calendar year. e. All food preparation must take place inside the associated food service establishment. f. Adequate litter and refuse disposal shall exist as determined by the Health Department. g. Advertising or promotional features shall be limited to umbrellas or canopies. h. A drive-through facility shall have at least one litter/refuse disposal container at its exit at a location determined by the Health Department. i. All applicable Village and State health requirements shall be met.  j. 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. k. The outdoor dining area shall not be enclosed on more than two sides with walls if roofed over. l. The outdoor dining area must be located on a surface approved by the Village Manager or designee. m. The outdoor dining area shall not be located in a required parking space or block a private or public sidewalk. (2) Outdoor dining on private property shall be a permitted use with an outdoor dining permit from the Village Manager or designee in NX, TX, CX, B1, B2, B3, B4, B6, H1 and M1 districts subject to the following conditions: a. All conditions in subsection (e)(1) are met. b. The outdoor dining shall be on the same lot as or within a development that received site plan approval as its associated food service establishment. c. An outdoor dining area shall not be located within a 15' sight distance triangle or within 3' from any public alley. (3) Outdoor dining shall be permitted on private property between November 1 and March 31, of the next calendar year, with an administrative permit from the Village Manager or designee, subject to the following conditions: a. An outdoor dining permit or a special use permit for outdoor dining has been issued for the site. b. The outdoor dining area must be in the same location as the approved outdoor dining permit or special use permit. c. The outdoor dining area cannot be used more than 4 periods during this time. d. The outdoor dining area cannot be used or set up for more than a period of 3 consecutive days. e. A site and floor plan must be approved by the Village Manager or designee.  f. Administrative permit fee must be paid to the Village of Skokie prior to using the outdoor dining area. (4) Outdoor dining on private property shall be a special permitted use in NX, B1, B2, B6, and M1 districts or if relief is needed from any condition in subsections (e)(1), (e)(2), or (e)(3) in NX, TX, CX, B1, B2, B3, B4, B6, H1 and M1 districts. (4) Outdoor dining on a public right-of-way shall be a permitted use with an outdoor dining permit from the Village Manager or designee in NX, TX, CX, B1, B2, B3, B4, B6, H1, and M1 districts subject to the following conditions: a. All conditions in subsection (e)(1) are met. b. The use of public right-of-way for outdoor furniture and appurtenances shall only be permitted incidental to the operation of a restaurant on private abutting property, and the outdoor dining area shall not extend laterally beyond the frontage of the permittee's establishment. c. All public sidewalks and parkways shall be maintained in accordance with § 90-43 and § 118-188. d. A Use of Public Way for Outdoor Dining Agreement between the Village and both the operator of the food service and the abutting land owner shall be approved by the Village. (6) Outdoor dining on public right-of-way shall be a special permitted use: a. In NX, B1, B2, B3, B4, B6, and M1 districts in conjunction with an approved Use of Public Way for Outdoor Dining Agreement between the Village and the operator of the food service. b. In TX and CX districts if relief from any condition in subsection (e)(5) is needed. (5) Relief. – Relief from any conditions in 118-93 (e) (1) is granted through the Zoning Board of Approvals. (f) Existing limited-service restaurants are allowed with a special use permit in the M3 district and may rebuild, modernize, and/or add outdoor dining if the Plan Commission deems that the restaurant is operated and maintained in a manner consistent with the purpose of the district. All new restaurants are prohibited in this district except in retail planned developments. (g) Drive-through facilities are prohibited at carryout and full-service restaurants. (Ord. No. 09-5-C-3674, § 1, 5-4-2009; Ord. No. 15-5-C-4142, § 3, 5-4-2015; Ord. No. 19-4-C-4451, § 1, 4-15-2 Fee Schedule. Per the Village’s Annual Outdoor Dining Permit Application, the fees associated with a permit are listed below. These are annual permit fees, which will require repayment upon the outdoor dining request each year. Private property only- $200 Public right-of-way only- $400 Both private and public right-of-way- $500 Application fees to request a variance from the Zoning Board of Appeals are $400 plus a $90 covenant recording fee.