Plan Commission

Village of Winnetka Plan Commission Regular Meeting October 22, 2025 at 7:00 PM Winnetka Village Hall Council Chambers 510 Green Bay Road AGENDA 1. Call to Order & Roll Call 2. Public Comments 3. Community Development Report 4. New Applications a. Case No. 25-20-SU: 730 Elm Street, Suite 130 - Winnetka Aesthetic Studio: An application seeking approval of a Special Use Permit submitted by Paul Phelps of Winnetka Aesthetic Studio, as the prospective lessee of the commercial space located at 730 Elm Street to allow a medical office in the C-2 General Retail Commercial Overlay District. The property is currently owned by MDG Winnetka One, LP. The Village Council has final jurisdiction on this request. b. Case No. 25-21-SU: 564 Lincoln Avenue - Corley North Shore LLC Real Estate Office: An application seeking approval of a Special Use Permit submitted by Corley North Shore LLC, as the prospective lessee of the commercial space located at 564 Lincoln Avenue to allow a real estate office in the C-2 General Retail Commercial Overlay District. The property is currently owned by 562-72 Lincoln Avenue, LLC. The Village Council has final jurisdiction on this request. 5. New Business a. November 19, 2025, Regular Meeting - Quorum Check 6. Adjournment NOTICE Public comment is permitted on all agenda items at the meeting. If you wish to provide testimony or comments prior to the meeting, you may provide them one of two ways: (1) by sending an email to planning@winnetka.org; or by sending a letter to Community Development, Village of Winnetka, 510 Green Bay Road, Winnetka, IL 60093. All agenda materials are available at www.villageofwinnetka.org/agendacenter. The Village of Winnetka, in compliance with the Americans with Disabilities Act, requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting or facilities contact the Village ADA Coordinator at 510 Green Bay Road, Winnetka, Illinois 60093, (Telephone (847) 716-3543; T.D.D. (847) 501-6041). Page 1 of 81  MEMORANDUM VILLAGE OF WINNETKA COMMUNITY DEVELOPMENT DEPARTMENT TO: PLAN COMMISSION FROM: CHRISTOPHER MARX, AICP, ASSOCIATE PLANNER DATE: OCTOBER 16, 2025 SUBJECT: 730 ELM STREET SUITE 130 – WINNETKA AESTHETIC STUDIO SPECIAL USE PERMIT (CASE NO. 25-20-SU) INTRODUCTION On October 22, 2025, the Plan Commission is scheduled to hold a public hearing to consider an application submitted by Paul Phelps of Winnetka Aesthetic Studio (the “Applicant”), as the prospective lessee of the property located at 730 Elm Street, Suite 130 (the “Subject Property”), to allow a medical office to occupy the Subject Property. The property is currently owned by MDG Winnetka One, LP. The Applicant has filed an application seeking approval of a Special Use Permit in accordance with Chapter 17.56 [Special Uses] of the Winnetka Zoning Ordinance to permit a medical office in the C-2 General Retail Commercial Overlay District at the Subject Property. The Applicant would be expanding its existing medical practice based out of the Lincoln Park neighborhood of Chicago. The Applicant currently provides services out of a temporary satellite office located within Perspective Eyes optometry studio located at 548 Chestnut Street. A sign has been posted on the Subject Property and a website notice has been posted on the Village website indicating the time and date of the Plan Commission public hearing. A mailed notice has been sent to property owners within 500 feet of the Subject Property. As of the date of this memo, staff has not received any written comments from the public regarding this application. PROPERTY DESCRIPTION The Subject Property is one of the commercial spaces located in the four-story mixed-use building that is currently under construction at 714-740 Elm Street and 511-515 Lincoln Avenue, often referred to as One Winnetka, located on the southeast corner of the intersection of Elm Street and Lincoln Avenue. The approximately 1,800 square foot space at 730 Elm Street is a portion of the 20,955 square feet of commercial space in the One Winnetka building and is in the center portion of the building’s north facing commercial space. To date, the only other tenant identified for the development is a Charles Schwab financial services office, although a restaurant is expected to occupy the northwestern space near the street intersection. There will be 59 residential units on the second, third, and fourth floors. The Subject Property is located within the Village’s Commercial Overlay District, which allows non-retail uses, such as medical offices; however, the Zoning Ordinance requires that they be evaluated by the Plan Commission and Village Council as a special use. Figures 1 through 3 on the following pages identify the One Winnetka site and the proposed location of the medical office. Page 1 Page 2 of 81 Figure 1 – One Winnetka Site – GIS Map Proposed Location of Winnetka Aesthetic Studio Figure 2 – Aerial Location Map Page 2 Page 3 of 81  Entrance into Shared Vestibule Figure 3 – One Winnetka - Elm Street Façade COMMERCIAL OVERLAY DISTRICT BACKGROUND The Overlay District was established in 1987 out of concern about the viability of the business districts as a whole if non-retail occupancies were allowed to proliferate and occupy significant areas within retail shopping districts. At the time of adoption there was a concern about the possible proliferation of real estate offices and financial institutions. The Village Zoning Ordinance describes the purpose of the Overlay District and its restrictions on non- retail uses as being: “to encourage retailing of comparison shopping goods and personal services compatible with such retailing on ground floor in order to encourage a clustering of such uses, to provide for a wide variety of retail shops and expose such shops to maximum foot traffic, while keeping such traffic in concentrated (yet well distinguished) channels throughout the district.” Since its adoption in 1987, the Overlay District has been revised on more than one occasion to alter district boundaries, or to modify the types of uses which are permitted within each district. The most recent amendment occurred on April 4, 2019, when the Village Council adopted MC-01-2019, amending the Zoning Ordinance regarding uses and regulations in the three commercial districts, including amendments to the Overlay District and the standards used to evaluate a special use. ELM STREET BUSINESS DISTRICTS OVERLAY BOUNDARIES A map depicting the zoning classifications of the Elm Street Business Districts is included on the following page as Figure 4. The One Winnetka site is highlighted yellow. Gray areas indicate the underlying C-2 General Retail Commercial zoning, which permits by right a relatively broad array of uses, including various retail uses, along with a number of non-retail uses such as professional offices, financial service firms, medical offices and the like. Red crosshatch areas represent those areas subject to the restrictions of the Commercial Overlay District. The boundaries of the Overlay District are established along certain public streets and extend for a depth of 50 feet from the front property line. Page 3 Page 4 of 81  Subject Property Figure 4 – Elm Street Business Districts PREVIOUS APPROVAL On January 21, 2025, the Village Council adopted Ordinance M-01-2025, an Ordinance Granting Final Approval of a Planned Development, Zoning Exceptions, a Special Use for Ground Floor Parking, and Special Use Findings for Medical and Financial Services Uses (511-515 Lincoln Avenue and 714-740 Elm Street - One Winnetka. An excerpt of Ordinance M-01-2025 is provided in Attachment B. Section 7 of M- 01-2025 granted partial approval of certain special use findings for medical and financial services. The Village Council found that medical uses, including medical and dental offices, and financial uses, including accounting, auditing and bookkeeping services, bank or credit unions without drive-through facilities, and financial counseling services, satisfy the following special use standards set forth in Section 17.56.120(A) and Section 17.44.020 (B)(2)(b) of the Zoning Ordinance that apply in the Commercial Overlay District, provided certain conditions are met, which are outlined later in this report: All Special Use Standards: 1. That the establishment, maintenance, and operation of the Special Use will not be detrimental to or endanger the public health, safety, comfort, morals, or general welfare; 2. That the Special Use will not be substantially injurious to the use and enjoyment of other property in the immediate vicinity which are permitted by right in the district or districts of concern, nor substantially diminish or impair property values in the immediate vicinity; 3. That the establishment of Special Use will not impede the normal and orderly development or improvement of other property in the immediate vicinity for uses permitted by right in the district or districts of concern; Commercial Overlay District Standards: I. The proposed special use at the proposed location will encourage, facilitate and enhance the continuity, concentration, and pedestrian nature of the area in a manner similar to that of retail uses; Page 4 Page 5 of 81  II. The proposed special use at the proposed location will provide for active display windows, provided that the street facing windows remain open and transparent as viewed from the sidewalk into the tenant space. The proposed special use at the proposed location will provide for facades, signage and lighting similar in nature and compatible with that provided by retail uses. The location and amount of space occupied by medical uses and financial service uses are limited as follows: a. No such uses shall occupy the northwesternmost corner of the commercial space of the ground floor commercial space; b. No such uses shall occupy an aggregate space greater than 50% of the gross commercial square footage, or 9,750 square feet of the building; c. No individual financial service use shall occupy more than 1/3 of the gross commercial square footage, or 6,500 square feet of the building; d. No individual medical use shall occupy more than 3,250 square feet of the gross commercial square footage of the building; e. Approval of the “appropriateness” of such uses is limited to 10 years from the approval of Ordinance M-01-2025. On September 16, 2025, the Village Council adopted Ordinance M-12-2025, an Ordinance Granting a Special Use Permit for the Operation of a Financial Counseling Office Within the C-2 Commercial Overlay District, which approved the special use permit of the Charles Schwab financial services office for 720 Elm Street in the same building. DESCRIPTION OF CURRENT REQUEST The Applicant is proposing to open a Winnetka location in the One Winnetka building for an existing oculofacial cosmetic surgery practice currently located in Chicago. The medical practice currently provides services in the Perspective Eyes optometrist office located at 548 Chestnut Street, but is seeking a permanent location for its operations. The proposed medical office would occupy approximately 1,800 square feet towards the center of the One Winnetka commercial space. The space is recessed approximately 15 feet from the frontage along Elm Street and is accessed through an entrance vestibule that provides public access to the proposed medical office and two neighboring tenant spaces. Hence, the Applicant’s proposed location does not have street frontage. The proposed medical office use would comply with the location and size limitations outlined earlier this report. The Applicant’s written description of the proposed use is included in the application materials which are provided as Attachment A. The medical office would have business hours of 7:00 am to 7:00 pm on weekdays and weekend hours from 10:00 am to 4:00 pm. On a typical day, there would be 4-5 employees in the office. The Applicant expects an average of 24 patients per day with an average appointment time of approximately 30 minutes for quick treatment services such as laser treatments, microneedling, facials, and injections. The office would also have an on-site surgical center that would allow for various procedures that range from 1 to 3 hours per visit. Patient volume would decrease to 3-5 patients per day on surgical days. The Applicant states that the front waiting area of the office would feature retail displays of skincare products that could be purchased by customers. For parking, the Applicant is proposing that its employees secure the necessary parking permit and park in public parking lots in the district, including the Village-owned parking lot adjacent to One Winnetka, Page 5 Page 6 of 81 which does contain “A” permit parking spaces for employees. The Applicant indicates that patients will utilize the parking in the ground level of the commercial parking within the One Winnetka building. The off-street parking provided on the One Winnetka site for commercial uses consists of 39 spaces in the ground level of the building, which is the same number of parking spaces required by the Zoning Ordinance. For reference, the Zoning Ordinance requirement for commercial uses is two spaces for every 1,000 square feet of tenant space. Ten of the ground level spaces are to be reserved for the Charles Schwab office that was approved in a previous special use permit case. Figure 5 below highlights the commercial space the Applicant is proposing to occupy in the north section of the One Winnetka building. Figure 6 one the following page shows the proposed floor plan and layout for the medical office. Proposed Location of Winnetka Aesthetic Studio Figure 5 – One Winnetka Ground Level Plan Page 6 Page 7 of 81  Figure 6 – Excerpt of Proposed Floor Plan DESIGN REVIEW BOARD REVIEW The Applicant has indicated that it has no plans to alter the exterior of the building that is currently under construction, except for potential commercial signs or exterior lighting that will be applied for at a later date. Any proposed signage or exterior alterations, including lighting, will require submission of a Sign Permit application or Certificate of Appropriateness application that must be reviewed and approved by the Village’s Design Review Board. STANDARDS FOR REVIEW / FINDINGS The “Purpose” section of Chapter 17.56 Special Uses, states the following regarding special uses: It is recognized that there are special types of uses which because of their specific characteristics in relationship to uses permitted by right in a particular district, or the services which they provide, cannot be properly permitted by right in a particular district without consideration, in each case, of the impact of such uses upon neighboring land, or of the public need for such uses at a particular location. Page 7 Page 8 of 81 A land use classified as a special use is an allowed land use as long as the Applicant can demonstrate that the proposed use in its proposed specific location meets the applicable standards for granting special use approval. Section 17.44 of the Zoning Ordinance provides a series of twelve (12) standards for the evaluation of Special Use applications within the Commercial Overlay District, which provides a framework for evaluation by the Plan Commission. Given the previous approval granted by Ordinance M-01-2025 found a medical office use, such as the Applicant’s proposed use, complies with four of the 12 special use standards, the Applicant has supplied as part of its application materials a narrative addressing how this proposal complies with the remaining eight (8) standards. Following conclusion of public comment and Commission discussion, a Commission member may choose to make the following motion: I make a motion that: The Plan Commission recommends approval [denial] of the requested special use to allow the Applicant, Paul Phelps of Winnetka Aesthetic Studio, to operate a medical office at 730 Elm Street, Suite 130 within the C-2 Commercial Overlay District, based on the following findings of fact: “The medical office (the “Special Use”) is [is not] consistent with the Standards for granting of Special Use Permits in the Commercial Overlay District, which are as follows: 1. The establishment, maintenance, and operation of the Special Use will not be detrimental to or endanger the public health, safety, comfort, morals, or general welfare; 2. The Special Use will not be substantially injurious to the use and enjoyment of other property in the immediate vicinity which are permitted by right in the district or districts of concern, nor substantially diminish or impair property values in the immediate vicinity; 3. The establishment of Special Use will not impede the normal and orderly development or improvement of other property in the immediate vicinity for uses permitted by right in the district or districts of concern; 4. Adequate measures have been or will be taken to provide ingress and egress in a manner which minimize pedestrian and vehicular traffic congestion in the public ways; 5. Adequate parking, utilities, access roads, drainage, and other facilities necessary to the operation of the Special Use exists or are to be provided; 6. The Special Use in all other respects conforms to the applicable regulations of this and other village ordinances and codes; 7. The proposed special use at the proposed location will encourage, facilitate and enhance the continuity, concentration, and pedestrian nature of the area in a manner similar to that of retail uses; 8. The location of the proposed special use along a block frontage shall provide for a minimum interruption in the existing and potential continuity and concentration of the retail uses along the block’s frontage; 9. The proposed special use at the proposed location will provide for display windows, provided that the street facing windows remain open and transparent as viewed from the sidewalk into the tenant space. The proposed special use at the proposed location will provide for facades, signage and lighting similar in nature and compatible with that provided by retail uses; Page 8 Page 9 of 81  10. If the proposed special use provides multi-use areas, such as retail merchandise areas, restaurant dining areas, general office space, private offices, reception areas, or employee work areas, any proposed retail merchandise area or restaurant dining area shall be concentrated and located immediately adjacent to the sidewalk and clearly visible from the street in such a fashion as to invite customers to browse or dine; 11. If a proposed new building contemplates a mix of retail, office and service type uses, the minimum frontage for each retail use adjacent to the sidewalk shall be 20 feet with a minimum gross floor area of 400 square feet. In addition, such retail space shall be devoted to active retail merchandising which maintain typical and customary hours of operation; and 12. The proposed location and operation of the proposed special use shall not significantly diminish the availability of parking for district clientele wishing to patronize existing retail businesses.” The Commission’s recommendation is subject to no conditions [the following conditions]: 1. [Insert conditions…] As noted above, the Commission may also wish to consider if there are any additional conditions it may want to place on the facility’s operation. This request is subject to final approval by the Village Council. ATTACHMENTS Attachment A: Application Materials Attachment B: Excerpt of Ordinance M-01-2025, adopted on January 21, 2025 Page 9 Page 10 of 81 ATTACHMENT A Page 11 of 81  Narrative for Special Use of leased space within One Winnetka Paul Phelps – Founder of Winnetka Aesthetic Studio 09/24/2025 Chicago Oculofacial Plastic Surgery, S.C., doing business as Chicago Aesthetic Studio and Winnetka Aesthetic Studio, is a medical practice with nine employees. We are currently located in Lincoln Park, with a satellite office in the Village of Winnetka at Perspective Eyes (548 Chestnut St, Winnetka, IL 60093). Our practice specializes in aesthetic treatments and surgical procedures for the face and neck, with a particular focus on eye and periocular health and beauty. The opportunity to expand our business in the Winnetka community with the addition of a new medical office at One Winnetka (714-740 Elm Street, Winnetka, IL 60093) will expand the services our patients from this community love and bring them directly to Winnetka. Hours of Operation We expect to operate from approximately 7:00 a.m. to 7:00 p.m. on weekdays, with weekend hours from 10:00 a.m. to 4:00 p.m. MedSpa Services and Consultations • Typical consultation and treatment visits are scheduled for 30 minutes. • We anticipate serving approximately 24 patients per day. • Many patients will receive quick treatments like laser, microneedling, facials, and injections (e.g. Botox). Surgical Procedures • Surgical procedures will be performed in our in-office surgical center, on average one day per week. • On surgical days, patient volume will decrease to about 3–5 patients per day, with appointments lasting 1–3 hours each. • The most common procedure is expected to be blepharoplasty (eyelid lift). Staffing and Parking • On a typical day, 4–5 employees will be present in the office. • Employees will park in the stickered Winnetka East Elm employee parking lot. • Patients may park in the designated garage within One Winnetka. Page 12 of 81 Office Layout and Amenities • Patients will enter through the recessed front door, which is set back from the street and does not have a window front. • A display case featuring skincare products will be in the waiting room, generating additional sales tax revenue for the city. Special Use Permit Standards C-2 Commercial Overlay 1-3. These standards were previously approved for the One Winnetka development specific to medical services, provided certain conditions are met. 4. Ingress and Egress / Minimizing Congestion Adequate measures have been taken to ensure ingress and egress are managed in a manner that minimizes both pedestrian and vehicular congestion. Patients will park in the designated garage within One Winnetka, which has sufficient capacity and access, preventing overflow into public streets. Employees will utilize the stickered Winnetka East Elm parking lot, eliminating competition for patient or public parking. The front entrance is recessed from the street, ensuring pedestrian flow along the sidewalk is unobstructed. Additionally, patient scheduling is distributed throughout the day, with typical visits lasting 30 minutes, reducing clustering of arrivals and departures. On surgical days, when appointments are longer, daily patient volume is significantly reduced, further minimizing traffic impact. 5. Parking, Utilities, Access, and Facilities Adequate parking and support facilities are in place to meet the operational needs of the practice. Employee parking is contained within a dedicated lot, and patient parking is directed to the One Winnetka garage, ensuring clear separation and sufficient capacity. All necessary utilities are available and sufficient for the operation of a medical office and surgical center. Access roads surrounding the property are well-developed and capable of supporting the anticipated level of patient and staff traffic. Drainage and related infrastructure are already established to municipal standards. The practice’s internal facilities, including waiting areas, consultation rooms, and an in-office surgical center, are designed to support safe and efficient patient care without additional strain on surrounding resources. 6. Compatibility of the Special Use In all other respects conforms to the applicable regulations of this and other ordinances and codes. For example, my practice will comply with other Village Codes and ordinances and construction of the space to accommodate your practice will also comply with Village Codes and ordinances. 7. These standards were previously approved for the One Winnetka development specific to medical services, provided certain conditions are met Page 13 of 81 8. Block Frontage and Retail Continuity The proposed special use is located along a block frontage in a manner that will not significantly interrupt the continuity or concentration of retail uses. The medical practice occupies professional office space and operates primarily as a service-based business, distinct from retail storefronts. Its patient-focused operations ensure minimal disruption to existing retail flow along the block, while still contributing to the vibrancy of the area through ancillary retail sales of skincare products. 9. Active Display Windows, Facades, and Signage The practice will maintain a recessed entrance and waiting area that includes a display case for skincare products, visible from the patient reception area. While the front entrance is set back from the street and does not include a traditional window frontage, interior displays and signage are designed to be professional, aesthetically compatible, and complementary to nearby retail uses. Exterior signage and lighting will conform to applicable regulations, ensuring consistency with neighboring businesses while maintaining a professional medical identity. 10. Multi-Use Areas and Retail Display The proposed use incorporates a retail component through the sale of skincare products, which will be displayed in the waiting area. This area is located immediately adjacent to the patient entrance and is designed to be visible and accessible to patients as they enter and exit the practice. The retail element, while secondary to medical services, contributes to the commercial character of the block and provides additional sales tax revenue for the municipality. 11. Mixed-Use and Retail Frontage Requirements The proposed use is located within a building under construction and does not contemplate new construction with mixed retail, office, or service uses. Therefore, the requirements regarding minimum sidewalk frontage and gross floor area for newly constructed mixed-use retail developments are not applicable in this case. The retail component of skincare products within the waiting area is consistent with the size and scope of the practice’s operations and is compatible with neighboring businesses. 12. Parking Availability for District Clientele The proposed special use will not significantly diminish the availability of parking for district clientele seeking to patronize nearby retail businesses. Patients are directed to park in the designated One Winnetka garage, which provides ample capacity and avoids impact on public street or retail-adjacent parking. Employees will park in the Winnetka East Elm employee lot, ensuring that patient and staff parking needs are met separately. These measures ensure that retail customers in the district retain convenient access to parking resources. Page 14 of 81  9 8 7 6 5 4 3 2 1 GENERAL PLAN NOTES: A A.1 B B.1 C C.1 C.8 D D.4 E E.3 A8 F G H H.1 H.9 J J.9 K K.9 1. REFER TO CIVIL ENGINEERING PLANS FOR ALL A200 GRADES, SLAB ELEVATIONS, AND UTILITY CONNECTIONS. 269' - 4" 2. DO NOT SCALE DRAWINGS. CONTRACTOR TO VERIFY ALL DIMENSIONS PRIOR TO FRAMING. 10' - 7" 5' - 7" 24' - 0" 5' - 10" 15' - 0" 9' - 2" 11' - 6" 18' - 6" 10' - 2" 19' - 10" 30' - 0" 30' - 0" 3' - 0" 23' - 0" 3' - 0" 28' - 10" 1' - 0" 14' - 8" ALL DIMS ARE TO ROUGH FRAMING. 1' - 5 3/8" 3. REFER TO BUILDING ELEVATIONS FOR WINDOW 1' - 6 5/8" 14' - 0" 3' - 0" EQ 0" 13' - 8" 12' - 0" 1' - 8" 12' - 0" EQ EQ 14' - 0" EQ EQ 12' - 0" 1' - 8" 12' - 0" 1' - 8" 12' - 0" EQ 4' - 6 1/2" 8' - 10 1/2" 8' - 2" 8' - 10 1/2" 5' - 6" 3' - 0" 12' - 0" 1' - 8" 5' - 0" 7' - 0" EQ 3' - 3" 7' - 6" 3' - 3" 7' - 0" 14' - 0" EQ 3' - 4" 9' - 0" 13' - 4 1/4" 2' - 8" TYPES/INFO AND FOR INDICATION FOR 1' - 5 3/8" 11 1/2" 2' - 5 1/4" 3' - 4" MASONRY CONTROL JOINTS. 4. ALL ANGLED PARTITIONS ARE 45 DEGREES G U.N.O. G 5. REFER TO SHEET A-030 FOR PARTITION TYPES. 6. TYPICAL EXTERIOR FRAME WALL DIMENSIONS DOUBLE DOOR A7 ___________________________________ D7 ___________________________________ DECORATIVE METAL FENCE TO BE 6" NOMINAL U.N.O. A9 7. PLUMBING WALLS TO BE 2X6 AT 16" O.C. OR A251 A251 B3 B3 ___________________________________ WITH LATCHING GATE DOUBLED EXTERIOR WALLS WITH INSULATION B3 B3 A305 A305 1' - 6 5/8" AND THERMOPLY UNLESS WATER SUPPLIED 1' - 6 5/8" A302 1' - 6 5/8" A300 EW-3 A301 EW-3 THROUGH FLOOR. 6 5/8" 2' - 1 7/8" B 7 1/4" B EW-2A 8. AT ALL WET AREAS PROVIDE MOISTURE S8 S8 S14 S18 DS S18B 1 S6 S6 S11 S13 S13 S13 S16 S17 S20 RESISTANT WALL BOARD AND AT TILED AREAS DS DS DS DS DS DS DS PROVIDE CEMENT BOARD. S15 S19 1 2' - 8 3/8" S12 9. INSULATE ALL CONCEALED SPACES AT 1.1 130D 3' - 8 3/8" EW-6 EXTERIOR WALLS. 10. CAULK SILL PLATES, JOINTS BETWEEN 10 1/8" 6 5/8" 150A 2' - 1 7/8" 1' - 7 1/4" 140 160A 1' - 0" 6 1/8" 1.2 B 1.2 MULTIPLE STUDS, PIPE AND VENT 2' - 4 5/8" 135A PENETRATIONS, WINDOW AND DOOR OPENINGS. 9' - 5 7/8" 15'-1 1/2" 148A 11. PROVIDE ALUMINUM FLASHING AT ALL 16' - 8" B 4 ROOF/WALL INTERSECTIONS, ABOVE 14' - 0" S8 VESTIBULE T 14' - 0" 648' - 4" 15' - 8" 15' - 8" A.6-1A 142A B.4C WINDOW/DOOR HEADS, AND BAND BOARDS, AND 140 CHIMNEY PENETRATIONS AT ROOF. A.6A 12. FIRESTOP BETWEEN VERTICAL AND A.6A A.6-1A HORIZONTAL CONCEALED SPACES SUCH AS 146A EW-6 SOFFITS, STAIR FRAMING, AND MECHANICAL DS CHASES WITH SOLID 2X DIMENSIONAL LUMBER 1' - 6 5/8" A.6A A.6A OR 1/2" DRYWALL. DRAFTSTOP IN FIRESTOP 3' - 0" 4 3' - 4" 2 2 AREAS WITH CAULK OR FOAM SEALER. EW-6 13. CARPENTER, HVAC, PLUMBING, AND 1' - 2" 4 ELECTRICAL CONTRACTORS TO COORDINATE DS 2.1 B B.4C PLACEMENT OF ALL DUCTS, PIPES, AND WIRING PRIOR TO FRAMING. ELECTRICAL, AND MECHANICAL EQUIPMENT AND METERS ARE 4 SUBJECT TO RELOCATION DUE TO FIELD 13' - 4" EW-5 CONDITIONS. 1" PER 1'-0" MAX F C8 14. PROVIDE AND INSTALL SHELVING AT ALL F 22' - 10" A200 CLOSETS. 62' - 0" 22' - 0" S10 15. ALL INTERIOR WALLS TO BE FINISHED WITH 26' - 10" 5/8" DRYWALL, TYPE X, U.N.O. B 16. PROVIDE VAPOR BARRIER AT ALL CONDITIONED COMMERCIAL A.6A COMMERCIAL COMMERCIAL A.6A COMMERCIAL A.6A COMMERCIAL COMMERCIAL 4 SLAB ON GRADE AREAS. 3' - 0" 130 135 142 146 148 160 B.4C 4 P.8-2 EW-6 17. SLOPE AND CROSS SLOPES AT HANDICAP P.8-2 650' - 9" 650' - 9" 649' - 4" 649' - 4" 649' - 4" 647' - 10" PARKING SPACES, ACCESS AISLES, MANEUVERING CLEARANCES AT DOORS AND DS ACCESSIBLE ROUTES NOT TO EXCEED 2%. DS ALTERNATE: PROVIDE RAISED ACCESS 1' - 0" 18. FIRE EXTINGUISHER CABINETS TO BE FULLY 2.8 FLOORING WITHIN COMMERCIAL SPACE 1' - 0" NORTH 4 RECESSED. STAIR EW-5 13' - 4" 52' - 8" 19. FIRE ESTINGUISHERS LOCATED IN FOOD 5' - 2" 1' - 6 5/8" B NS PREPARATION AREAS TO BE CLASS K, ALL 3' - 0 1/4" OTHER FIRE EXTINGUISHERS TO BE CLASS ABC. 3' - 1" RAMP 3 130C 3 20. PROVIDE SAFETY STRIPING WITHIN PARKING DN GARAGE, AS SHOWN ON DRAWINGS. STRIPING TO BE 4" WIDE, TYPICAL. 4 1' - 9" 3.1 21. PROVIDE PIPE BOLLARD OR RAIL PROTECTION 14' - 0" 4 8' - 6 3/8" CORRIDOR 3' - 0" 13' - 2 5/8" S9 130B B.4C AROUND ALL PLUMBING RISERS, FIRE EW-6 3 9' - 9" 150 HYDRANTS, GAS METERES, ELECTAL ALTERNATE: PROVIDE RAISED NS-1 EQUIPMENTS, METERS, & HARZARDOUS A9 ACCESS FLOORING WITHIN UP A9 1' - 0 1/4" ___________________________________ 651' - 10" ___________________________________ EQUPMENT, WHERE REQUIRED IN TEH FIRE A250 COMMERCIAL SPACE A250 CODE, WHICH MAY BE SUJECTED TO VEHICULAR 3' - 1" 3.4 DAMAGE PER 2021 INTERNATIONAL FIRE CODE, SECTION 312. 13' - 4" S7 EGRESS PATH TO BE EGRESS PATH TO BE EGRESS PATH TO BE B7 3.6 COORDINATED WITH COORDINATED WITH COORDINATED WITH EGRESS PATH TO BE A9 22. PER 410 ILCS 35/25, SECTION 25(c), ALL PUBLIC ___________________________________ 4 TENANT BUILDOUT TENANT BUILDOUT TENANT BUILDOUT A400 COORDINATED WITH A352 SINGLE-OCCUPANCY RESTROOMS SHALL BE 9' - 7" 3' - 0" 6' - 0" TENANT BUILDOUT EW-5 IDENTIFIED AS ALL-GENDER AND DESIGNATED 10' - 3 1/2" 1' - 11 1/2" DS 651' - 9" FOR USE BY NO MORE THAN ONE PERSON AT A EW-3 B 142B 146B RAMP TIME. EACH SINGLE-OCCUPANCY RESTROOM 2' - 0" 2' - 0" 5' - 0" 6' - 0" 9' - 8" +/- 18' - 4" DN UP 3.8 SHALL BE OUTFITTED WITH EXTERIOR SIGNAGE 2' - 6" C7 A.6A CLEAR THAT MARKS THE SINGLE-OCCUPANCY 3' - 4" 1' - 0" P.8-1 E EW-6 RESTROOM AS A RESTROOM AND DOES NOT E A200 B 148B 150B 160B 4 130A 4 INDICATE ANY SPECIFIC GENDER. 2' - 5 1/8" F24 EW-5 EW-6 5' - 6" 2CY 2CY B S5 B 120A EW-5 4 PLAN LEGEND: 4' - A.6A P.8-1 11 P.8-1 2CY 2CY 1/4" F5 F5 GREEN ROOF TRASH / P.8-1 2CY 2CY 1" / 12" 19' - 8" CORRIDOR LOADING CORRIDOR ELECTRICAL MECHANICAL EW-5 22' - 8 3/8" F6 F6 F6 F6 F6 F6 F6 F6 FIRE CONCRETE PAVER (2'x2') ON EGRESS PATH TO BE 125 124 123 122 121 26' - 3 1/2" 26' - 3 1/2" 12' PUMP COORDINATED WITH 2CY 2CY ADJUSTABLE PAVER PEDESTAL - 0" 651' - 9" 651' - 9" 651' - 9" A9 18' - 0" S5A 126 P.8-1 TENANT BUILDOUT B 5' - 0" 11' - 0" A101 LANDSCAPED AREA 1' - 2CY 31' 8" A5 - 11 P.8-1 3 3 F24 A202 EW-6 1/4" 4.7 6' - 0" DS 130E RAILING-01 PLAN KEYNOTES: 126 125A 123A 122 121 Z0.5 12' " 124B - 0" 2' - 2 5/8 F23 F24 B EW-5 F24 B 10' - 8" 9' - 0" F1 PIPE BOLLARD. BOLLARD TO BE MOUNTED 5' - 3 1/2" 3 2' - 8 3/4" ACCORDING TO MANUFACTURER'S /8" 3' - 4" 12' - 0" 6' - 4" 11' - 0" 3' - 4" 2' - 6" 6' - 4" 3' - 0" 3' - 4" 14' - 0" 2' - 4 1/2" 14' 65 STANDARDS 3' - 1' - 3' - 0" - 2" 4.9 /4" F2 FLOOR DRAIN, PITCH CONCRETE TOPPING TO 2' - 51 DRAIN (1/8" PER 1'-0" MIN.) /4" 5 11 F3 LINEAR TRENCH DRAIN SYSTEM 1' - 11" 651' - 9" 7" ALIGN ALIGN 3' - 3' - F4 EV CHARGING STATION F6 24' - 2" Z1 0" " 5/8 15' - 4" 6 C7 F5 ACCESSIBLE PARKING SPACE SIGN, POST 1' - V3 V2 V3 MOUNTED A201 17' - 9" D F2 F2 F6 CONCRETE WHEEL STOP D A5 20' 3 A211 -7 17' RAMP DN PARKING EW-7 F7 VERTICAL STORAGE BIKE RACK 24' - 0" HOLD 1/4" - 0" F2 GARAGE F6 F8 CEILING MOUNTED EXHAUST FAN, ABOVE. PV 120 3' - 0" REFER TO MECHANICAL DRAWINGS FOR C6 C2 EW-6 ADDITIONAL INFORMATION A200 5.6 F9 LINE OF BENTONITE BLINDSIDE V1 WATERPROOFING AT FOUNDATION WALL V1 F10 PLANTER BOX, REFER TO LANDSCAPE Z2 PV 1' - 6" F6 F6 DRAWINGS FOR ADDIITIONAL INFORMATION 12' - 3" C1 9' - 0" 32' - 0" F6 15' - 4" F11 REFLECTING POOL BASIN, REFER TO LOADING 8' - 0" - 0" LANDSACAPE DRAWINGS " '-0 R4 R 4' F12 OUTDOOR GAS GRILL BUILT INTO MASONRY ENCLOSURE. REFER TO LANDSCAPE 62' 10" DRAWINGS -6 28' 6 " -0 F13 2'-0" WIDE BY 3'-0" TALL PLANTER BOX ON 5/8 3 F6 F6 SLEEPERS AT RESIDENTIAL UNIT TERRACE. 6' - 2" 1/4" MECH F6 7' - 5" 31' F1 - 0" " 3 3' - 0" REFER TO LANDSCAPE DRAWINGS 3 '-7 106A EW-5 F6 115A F14 1'-6" WIDE BY 3'-0" TALL PLANTER BOX ON " 6 5/8 114 SLEEPERS AT RESIDENTIAL UNIT TERRACE. ZA 6.3 REFER TO LANDSCAPE DRAWINGS P.8-2 EW-3 F15 STANDPIPE WITH VALVE CABINET F19 7' - 7" OFFICE 106A PACKAGE LOAD E4 105 B2 F6 15' - 4" 102 106 114 F6 F6 F16 RECESSED CEILING MOUNTED DRAFT A200 TRASH 6' - 10 1/2" 18' - 0" +/- 23' - 1 3/4" 18' - 0" 3' - 0" 18' - 0" 23' - 0" 18' - 0" F6 CONTROL DOORS AT EACH ELEVATOR 4" DS 102 A401 ENTRANCE 1' - - 0" 115 6.5 3' - 3" 4' LOBBY F17 CAST-IN-PLACE CONCRETE WALL. PITCH TOP 10' 2" OF WALL TO DRAIN. REFER TO LANDSCAPE 2' - 101 6.7 DRAWINGS FOR WALL HEIGHT AND C Z3 - 6" C ELEVATORS ADDITIONAL INFORMATION 106 113' - 0" 8' - 2 1/2" 11' VESTIBULE 2CY 2CY 3 F6 F6 3' - 0" 100B ELEV F6 F18 8" CONCRETE CURB - 2" P.8-2 B.6 F6 4' - 100 MAIL /8" 3 105 F19 24"x24" RECESSED FLOOR MOUNTED AREA 03 F23 DRAIN & WALL MOUNTED FAUCET 3' - S2 100A 7 LOBBY F20 POST-MOUNTED RAILING AND LATCHING GATE Z4 4' - 0" ELEVATOR RESTROOM RESTROOM 0" EW-4 LOUNGE AT RESIDENTIAL TERRACE, RAILING-01 LOBBY 111 112 F6 F6 7' - 5" 7.1 15' - 4" 8" 103 F6 F21 SINGLE TIER METAL MESH STORAGE LOCKER 31 /2" Z5 109 K K.9 1' - 4" S1B 111 112 SS-1A 2' - 2 1/2" 6' - F22 DOUBLE TIER METAL MESH STORAGE LOCKER 14' - 8" 2' - 8" 9' - " SOUTH V1 3 4" 2' - 10 EW-3 CORRIDOR STAIR F23 FIRE DEPARTMENT KEY BOX, RECESSED, 4' - 0" 5' - 6" GENERATOR SS-1B 7.3 WALL MOUNTED. GC TO COORDINATE WITH 110 LIBRARY SS 10 7/8" 6' - FIRE CODE OFFICIAL FOR FINAL QUANTITY 0" 104 AND LOCATIONS OF KEY BOXES. Z6 651' - 9" 3' - 0" 8' - 8" S1A F6 F24 FIRE-RESISTANT JOINT SYSTEM AT HEAD AND 3.8 0" 25' BASE OF WALL ASSEMBLY 3' - 3' - 4" 2' - 5 1/8" -1 38' 0" " " 1/4 EW-4 X1 MECHANICAL SHAFT - SINGLE STORY. WALL 19' - 3" - 11 PIANO MEDIA B2 TYPE 'F.3-1'.REFER TO E5/G104 FOR 8" EW-3 4 Z7 6' - LOUNGE CAFE CLUB GOLF A400 ADDITIONAL INFORMATION. 2' - 0" 8' - 0" 3' - 4" V1 B BULLETIN #1 08/28/2025 0" S3 X2 MECHANICAL SHAFT - MULTI-STORY. WALL 15' - 4" 107 108 113 SIMULATOR 3' - 0" HOLD 4 PERMIT REVISIONS #2 07/03/2025 DS F2 F2 TYPE 'F.3-1'REFER TO E5/G104 FOR 3 PERMIT REVISIONS 05/01/2025 RAILING-01 0" 113A F6 ADDITIONAL INFORMATION. 95% CONSTRUCTION DOCUMENTS 02/11/2025 004 4 ' - 17' 113 75% CONSTRUCTION DOCUMENTATION 12/20/2024 /2" 4" X3 MECHANICAL CHASE. WALL TYPE 'WB.4'. - 3" 71 2" 1' - 50% CONSTRUCTION DOCUMENTATION 11/26/2024 1' - ' - 0" 2' - 113A REFER TO E5/G104 FOR ADDITIONAL FOUNDATION / DEMO PERMIT 11/04/2024 AIR INTAKE 6 EW-2A 100% DESIGN DEVELOPMENT 10/29/2024 (BOTH SIDES) 8 INFORMATION. NO.: ISSUED FOR: DATE 8" B3 3' - 0" 3' - EW-2B PARKING SIGNAGE LEGEND A303 S1A S1A S1A S1A 9' - 5" B 0" B EQ 6' - 0" 2' - 0" 6' - 0" EQ EQ 6' - 0" 2' - 0" 6' - 0" EQ Z8 MARK TYPE A7 E2 16' - 0" 1' - 4" 1' - 8" 16' - 0" 3' - 0" 9' - 4" 6' - 8" 3' - 0" 16' - 0" 8' - A200 D7 V VEHICULAR (RETROREFLECTIVE TEXT ONLY) GENERATOR 11' A470 ___________________________________ 10 2' - 10 3/4" A250 8.4 R REGULATORY (RETROREFLECTIVE) 19' - 8" - 1" 5" EW-6 GENERATOR 1' - P PEDESTRIAN PANEL 15' - 4" 3/8" RAMP Architects PVC PVC CLEARANCE DOWN 10' - 6" 7.9% 16.0% 8.0% PARKING SIGN KEY Z9 A7 120B OKW AUTOMATIC GATE BARRIER & CARD A201 F6 F6 F6 F6 F6 F6 F6 F6 F6 1' - 9" 8.7 Architects READER/INTERCOM AT TOP OF PVC1 600 West Jackson Blvd PARKING RAMP TIED TO ACCESS DN Chicago, IL 60661 CONTROL SYSTEM FOR LOWER 3' - 0" 8.9 MARK T 312.798.7700 DISCHARGE AIR LEVEL GARAGE DOOR (001) F 312.798.7777 RADIATOR & EXHAUST 2' - 0 1/2" EW-6 EW-7 3 4" FACE OF SIGN www.okwarchitects.com RAMP START POINT: 3' - 0" 19' - 8" 3' - 0" 19' - 8" 3' - 0" 19' - 8" 3' - 0" 19' - 8" 3' - 0" 3' - 0" /2" PROPERTY LINE 71 1' - 2' - 3 1/2" 2' - 8 3/4" 2' - 6 5/8" " 93' - 8" PROP. LINE PARKING SIGNAGE SCHEDULE ONE WINNETKA MIXED-USE 7 '-6 ZC 107' - 8" DEVELOPMENT 4.7 6' - 0" ZB 30' - 0" 30' - 0" 30' - 0" 29' - 0" 29' - 10" 14' - 8" 5' - 3 3/8" MARK MESSAGE GRATED 3' - 8 1/2" AREA WELL PVC1 X'-X" CLEARANCE ZA E F G H J K.9 PVC2 ⛔ NO ENTRY ⛔ 515 LINCOLN AVENUE, K WINNETKA, IL 60093 V1 PARK V2 ONE WAY, NO ENTRY GROUND LEVEL PLAN 5' - 0" 11' - 0" 9' - 0" V3 OUT 4' - 0" HOLD A8 A A201 A STEP 4.9 1' - 3 1/2" 1' - 11" DRAWN BY: MS / BD / SJ CHECKED: AR / BZ c 2025 OKW ARCHITECTS 5 B N DATE: SHEET NO.: 08/28/2025 A9 ENLARGED PLAN AT GENERATOR A8 GROUND LEVEL FLOOR PLAN A101 SCALE: 1/4" = 1'-0" A101 SCALE: 1/8" = 1'-0" PROJ. NO.: 21077 A101 9 8 7 6 5 4 3 2 1 Page 15 of 81 Page 16 of 81 Page 17 of 81 ATTACHMENT B Page 18 of 81 Page 19 of 81 Page 20 of 81 Page 21 of 81 Page 22 of 81 Page 23 of 81 Page 24 of 81 Page 25 of 81 Page 26 of 81 Page 27 of 81 Page 28 of 81 Page 29 of 81 Page 30 of 81 Page 31 of 81 Page 32 of 81 Page 33 of 81 Page 34 of 81 Page 35 of 81 Page 36 of 81 Page 37 of 81 Page 38 of 81 Page 39 of 81 Page 40 of 81  MEMORANDUM VILLAGE OF WINNETKA COMMUNITY DEVELOPMENT DEPARTMENT TO: PLAN COMMISSION FROM: ANN KLAASSEN, ASSISTANT DIRECTOR DATE: OCTOBER 16, 2025 SUBJECT: 564 LINCOLN AVENUE – CORLEY NORTH SHORE LLC REAL ESTATE OFFICE SPECIAL USE PERMIT (CASE NO. 25-21-SU) INTRODUCTION On October 22, 2025, the Plan Commission is scheduled to hold a public hearing to consider an application submitted by Corley North Shore LLC d/b/a RE/MAX Premier Luxury Collection (the “Applicant”), as the prospective lessee of the property located at 564 Lincoln Avenue (the “Subject Property”), to allow a real estate office to occupy the Subject Property. The property is currently owned by 562-72 Lincoln Avenue, LLC. The Applicant has filed an application seeking approval of a Special Use Permit in accordance with Chapter 17.56 [Special Uses] of the Winnetka Zoning Ordinance to permit a real estate office in the C-2 General Retail Commercial Overlay District at the Subject Property. The Applicant has assumed ownership of Compass Real Estate, which currently operates the existing real estate office at the Subject Property. A sign has been posted on the Subject Property and a website notice has been posted on the Village website indicating the time and date of the Plan Commission public hearing. A mail notice was also sent to property owners within 500 feet of the Subject Property. As of the date of this memo, staff has not received any written comments from the public regarding this application. PROPERTY DESCRIPTION The Subject Property is one of the commercial spaces located in the mixed-use building at 564-572 Lincoln Avenue, often referred to as The Winnetka Galleria (“The Galleria”), located on the west side of Lincoln Avenue between Elm and Pine Streets. The approximately 4,500 square foot space at 564 Lincoln Avenue is currently occupied by Compass Real Estate (“Compass”) with the front “Retail Area” currently occupied by anne loucks gallery. The commercial space located immediately south of the space the Applicant is proposing to occupy is currently being remodeled for a new tenant, Kaage Homes, and was most recently occupied by KJUS. On the north side of the courtyard is The Beauty Lash. Other neighboring businesses to the south of the Subject Property include Beat Street, a gift and toy store, and a restaurant Deep Purple. There are residential condominiums on the second and third floors of The Galleria. Figures 2 through 4 on the following pages identify the Subject Property and neighboring businesses. Page 1 Page 41 of 81 The Subject Property is located within the Village’s Commercial Overlay District, which allows non-retail uses, such as real estate offices and professional uses; however, the Zoning Ordinance requires that they be evaluated by the Plan Commission and Village Council as a special use. Subject Property Figure 1 – Subject Property – 564 Lincoln Avenue Figure 2 – Subject Property – 564 Lincoln Avenue (North Elevation) Page 2 Page 42 of 81  Proposed Location of RE/MAX Real Estate Office Figure 3 – Subject Property – 564 Lincoln Avenue Proposed Location of RE/MAX Figure 4 – Neighboring Businesses to South – Kaage Homes, Beat Street Page 3 Page 43 of 81  Proposed Location of RE/MAX Figure 5 – Neighboring Business to North – The Beauty Lash COMMERCIAL OVERLAY DISTRICT BACKGROUND The Overlay District was established in 1987 out of concern about the viability of the business districts as a whole if non-retail occupancies were allowed to proliferate and occupy significant areas within retail shopping districts. At the time of adoption there was a concern about the possible proliferation of real estate offices and financial institutions. The Village Zoning Ordinance describes the purpose of the Overlay District and its restrictions on non- retail uses as being: “to encourage retailing of comparison shopping goods and personal services compatible with such retailing on ground floor in order to encourage a clustering of such uses, to provide for a wide variety of retail shops and expose such shops to maximum foot traffic, while keeping such traffic in concentrated (yet well distinguished) channels throughout the district.” Since its adoption in 1987, the Overlay District has been revised on more than one occasion to alter district boundaries, or to modify the types of uses which are permitted within each district. The most recent amendment occurred on April 4, 2019 when the Village Council adopted MC-01-2019, amending the Zoning Ordinance regarding uses and regulations in the three commercial districts, including amendments to the Overlay District and the standards used to evaluate a special use. Page 4 Page 44 of 81 ELM STREET BUSINESS DISTRICTS OVERLAY BOUNDARIES A map depicting the zoning classifications of the Elm Street Business Districts is included below as Figure 6. The Subject Property is highlighted yellow. Gray areas indicate the underlying C-2 General Retail Commercial zoning, which permits by right a relatively broad array of uses, including various retail uses, along with a number of non-retail uses such as professional offices, financial service firms, medical offices and the like. Red crosshatch areas represent those areas subject to the restrictions of the Commercial Overlay District. The boundaries of the Overlay District are established along certain public streets and extend for a depth of 50 feet from the front property line. Subject Property Figure 6 – Elm Street Business Districts PREVIOUS APPROVALS As noted earlier in this report, Compass is the current tenant of the Subject Property. In May 2023, Compass submitted a special use permit application to occupy the Subject Property. On July 13, 2023, the Plan Commission (PC) considered the request and by a vote of 4-2, recommended approval of the application. Members who voted to recommend approval noted that the Subject Property is located on the fringe of the Overlay District, rather than within the central hub of the East Elm District. Those same members noted that they were not concerned with the Applicant’s use diminishing the availability of parking in the area. Members who voted against recommending approval expressed regret about recommending approval to allow Coldwell Banker to occupy the Subject Property in 2017. Additionally, those members felt that the landlord should do more to find an appropriate tenant that would further enhance the successful retail shops and restaurants on Lincoln Avenue, rather than having a tenant that does not add the retail vibrancy to the commercial district that other uses could. In August 2023, the Village Council reviewed Compass’s application, which included revised responses to the standards for granting a special use within the Overlay District as well as an addendum illustrating how they intended to utilize the retail pop-up area (front 740 square feet of Subject Property), and an example of how Compass had incorporated retail spaces in another Compass location. In the materials submitted to the Council, Compass explained that its intent was to find retail tenants on a longer-term Page 5 Page 45 of 81 basis rather than on a shorter term “pop-up basis”. Ultimately, on September 5, 2023, the Village Council adopted Ordinance M-13-2023, granting a special use permit to allow Compass to operate a real estate office at the Subject Property (Attachment 2). The Ordinance included conditions specific to the Retail Area, which includes making the area available to third-party users that are permitted uses, not special uses, and preferably on a long-term basis to display goods for sale to the general public. The Retail Area is currently occupied by anne loucks gallery. The tenant of the Subject Property prior to Compass was Coldwell Banker. On December 5, 2017, the Village Council adopted Ordinance M-10-2017, granting a special use permit to allow Coldwell Banker to expand its office into the Overlay District (Attachment 2). Initially, Coldwell Banker occupied space in The Galleria, but it was located in the rear of the building, more than 50 feet from the front street line. Given that space was located in the C2 District, but outside the Overlay District, the real estate office was allowed to occupy that space by right as a permitted use. It wasn’t until Coldwell Banker wanted to expand its footprint to the front of the building that a special use permit was required. DESCRIPTION OF CURRENT REQUEST The Applicant is assuming ownership of Compass Real Estate and is seeking approval of a special use permit to allow it to continue operating the real estate office on the Subject Property. Ordinance M-13- 2023 approving Compass’s special use permit does not provide for any change or transfer in applicant, even if the use remains the same. Additionally, the ordinance has specific conditions of approval that were specific to Compass’s use of the Subject Property. Hence, the Applicant’s current request before the Plan Commission. As explained by the Applicant in the attached application materials (Attachment A), it intends to duplicate the existing use in the same space. Additionally, the Applicant intends for anne loucks gallery to remain without interruption. The proposed real estate office would be staffed with a receptionist and an office sales manager, Monday through Friday, 9:00am to 5:00pm. In terms of the number of agents, currently the office has 50 agents who associate the Winnetka location as their “home office”. The Applicant anticipates 5-10 people working in the office throughout day, with most agents coming to the office one or two times a week for 1-2 hours a day. The office tends to be busiest on Monday mornings between 9-10:00am as they have bi- weekly sales meetings on Monday mornings. According to the Applicant, clients rarely visit the office. On a typical day, there may be 1-2 clients in the office, but rarely at the same time. In regard to parking, the Applicant has provided information in terms of its operations and what they see is their demand for parking. The Applicant has indicated that its lease agreement with the property owner includes 8 parking spaces in the lower-level parking on the Subject Property. With 5-10 people working in the office on a typical day and 8 parking spaces available in the parking garage on-site, the Applicant has indicated that its typical employee/agent demand for parking would generally be met by these spaces. When the Applicant’s employee/agent parking demand exceeds its 8 on-site spaces, it will use the public parking lot north of the Subject Property on Lincoln Avenue. (Staff note: That lots does contain “A” permit parking spaces for employees.) As noted previously, the Applicant intends to have a bi-weekly sales meeting on Monday mornings at 9:00am, although the number of agents expected to attend the meeting is not provided. The 1-2 clients that visit the office on a typical day are generally in the office for no more than 1 hour and will be directed to utilize public parking. Page 6 Page 46 of 81 The Applicant has indicated that it will continue to use the commercial space as represented below in the floor plan approved for Compass, with the adoption of Ordinance M-13-2023 (Figure 7). The area highlighted blue in Figure 7 would be the continued location of the Retail Area currently occupied by anne loucks gallery. Figure 7 – Exhibit B of Ordinance M-13-2023 DESIGN REVIEW BOARD REVIEW Any future changes to the exterior of the commercial space will require approval of a certificate of appropriateness by the Design Review Board. The proposed signage represented in the application materials will require submittal of a sign permit that will be reviewed by the Design Review Board. STANDARDS FOR REVIEW / FINDINGS The “Purpose” section of Chapter 17.56, Special Uses, states the following regarding special uses: It is recognized that there are special types of uses which because of their specific characteristics in relationship to uses permitted by right in a particular district, or the services which they provide, cannot be properly permitted by right in a particular district without consideration, in each case, of the impact of such uses upon neighboring land, or of the public need for such uses at a particular location. Page 7 Page 47 of 81 A land use classified as a special use is an allowed land use as long as the Applicant can demonstrate that the proposed use in its proposed specific location meets the applicable standards for granting special use approval. Section 17.44 of the Zoning Ordinance provides a series of twelve (12) standards for the evaluation of Special Use applications within the Commercial Overlay District, which provides a framework for evaluation by the Plan Commission. The Applicant has supplied as part of their application materials a narrative addressing how this proposal complies with the twelve (12) standards. Following conclusion of public comment and Commission discussion, a Commission member may choose to make the following motion: I make the motion that: The Plan Commission recommends approval [denial] of the requested special use to allow the Applicant, Corley North Shore LLC d/b/a RE/MAX Premier Luxury Collection, to operate a real estate office at 564 Lincoln Avenue within the C-2 Commercial Overlay District, based on the following findings of fact: “The real estate office (the “Special Use”) is [is not] consistent with the Standards for granting of Special Use Permits in the Commercial Overlay District, which are as follows: 1. The establishment, maintenance, and operation of the Special Use will not be detrimental to or endanger the public health, safety, comfort, morals, or general welfare; 2. The Special Use will not be substantially injurious to the use and enjoyment of other property in the immediate vicinity which are permitted by right in the district or districts of concern, nor substantially diminish or impair property values in the immediate vicinity; 3. The establishment of Special Use will not impede the normal and orderly development or improvement of other property in the immediate vicinity for uses permitted by right in the district or districts of concern; 4. Adequate measures have been or will be taken to provide ingress and egress in a manner which minimize pedestrian and vehicular traffic congestion in the public ways; 5. Adequate parking, utilities, access roads, drainage, and other facilities necessary to the operation of the Special Use exists or are to be provided; 6. The Special Use in all other respects conforms to the applicable regulations of this and other village ordinances and codes; 7. The proposed special use at the proposed location will encourage, facilitate and enhance the continuity, concentration, and pedestrian nature of the area in a manner similar to that of retail uses; 8. The location of the proposed special use along a block frontage shall provide for a minimum interruption in the existing and potential continuity and concentration of the retail uses along the block’s frontage; 9. The proposed special use at the proposed location will provide for display windows, facades, signage and lighting similar in nature and compatible with that provided by retail uses; 10. If the proposed special use provides multi-use areas, such as retail merchandise areas, restaurant dining areas, general office space, private offices, reception areas, or employee work areas, any proposed retail merchandise area or restaurant dining area shall be concentrated and located Page 8 Page 48 of 81  immediately adjacent to the sidewalk and clearly visible from the street in such a fashion as to invite customers to browse or dine; 11. If a proposed new building contemplates a mix of retail, office and service type uses, the minimum frontage for each retail use adjacent to the sidewalk shall be 20 feet with a minimum gross floor area of 400 square feet. In addition, such retail space shall be devoted to active retail merchandising which maintain typical and customary hours of operation; and 12. The proposed location and operation of the proposed special use shall not significantly diminish the availability of parking for district clientele wishing to patronize existing retail businesses.” The Commission’s recommendation is subject to no conditions [the following conditions]: 1. [Insert conditions…] As noted above, the Commission may also wish to consider if there are any additional conditions it may want to place on the facility’s operation. This request is subject to final approval by the Village Council. ATTACHMENTS Attachment A: Application Materials Attachment B: Ordinance M-13-2023, adopted September 5, 2023, and Ordinance M-10-2017, adopted December 5, 2017 Page 9 Page 49 of 81 ATTACHMENT A 25-21-SU Page 50 of 81  Corley North Shore LLC. September 11, 2025 Ann Klaassen 510 Green Bay Rd Winnetka, IL 60093 RE: 564 Lincoln Avenue, Winnetka, IL 60093, – Special Use Permit Application Summary Corley North Shore LLC.is a real estate brokerage firm that will be assuming the ownership of the existing Compass Real Estate Office at 564 Lincoln Avenue, Winnetka, Illinois. In 2023, Compass received a Special Use Permit to operate a real estate brokerage office at 564 Lincoln. Corely North Shore recently purchased this office and intends on duplicating the exiting use. Except of the name change, the existing operations will remain unchanged. Operating Information ● What are the typical hours of operation each day of the week? Monday through Friday 9:00-5:00 is when the office is typically staffed with a receptionist and an office Sales Manager. These are the only full-time W-2 employees assigned to the office. Agents, who are 1099 contractors, come in and out of the office on an ad-hoc basis as the majority of their working hours are spent out with clients, networking, etc. For most agents, they come to the office 1- 2x/week for 1-2 hours a day. On average, we anticipate 5-10 people working at the office throughout the day. ● Where will agents park on a typical day? Corley North Shore’s lease agreement provides for 8 underground parking spaces. The majority of the time, this will satisfy the agent count in the office. If there are more than 8 agents on-site, we will use the public lot adjacent to the office. Clients will be directed to park in available public parking. Clients typically are at the office for no more than 1-hour at a time. ● Which day is the busiest day of the week? And what is the busiest 2-hour period on that day? Mondays between 9-10am. is likely to be the busiest time as there will be a Sales Meeting at the office on a bi-weekly basis. 'Sales Meetings' are times when agents get together to share what is going on in the market. Corely North Shore will work with the Village and neighboring tenants on the best time to schedule Sales Meetings at this new location. ● How many agents will be “stationed” at this location? Currently, Corely North Shore has ~50 agents that associate with Winnetka as their home office. ● How many clients would actually be in the office at any time? Clients rarely frequent the office now that closings can take place virtually. But, on a typical day, there may be 1-2 clients in the office, and rarely at the same time. More than 90% of clients never come to the office as agents meet with them at their homes, on tours, or virtually. ● How will Corely North Shore use the Retail Space? The existing Art Gallery will remain without interruption. Page 51 of 81  Comparison to previous Real Estate Operation Coldwell Banker Operation: After approval of their SUP in 2017, Coldwell Banker occupied ~9,339 square feet of space at the Galleria (note, square footage is gathered from original SUP application Case No. 17-22-SU). Their operation had over 100 agents associated with the office. Compass Operation: After the approval of their SUP in 2023, Compass occupied ~4,500 square feet in total, inclusive of the 1,339 square feet of retail space and 3,161 square feet of office space, Corely North Shore Operation: Corely North Shore is proposing to occupy ~4,500 square feet in total, inclusive of the 1,339 square feet of retail space and 3,161 square feet of office space, exactly the same as the current Compass use. Floor Plans of the Coldwell Banker/ proposed Corely North Shore (which is the same as the current Compass office) tenancies are below. Given that Corely North Shore’s proposed total tenancy is the same as Compass and materially smaller than Coldwell Banker’s, we are working under the assumption a traffic study is not required. Additionally, the proposed use of the retail space requiring the SUP is the exact same as the previous use, which was a conference room area and ‘pop up’ retail for community business. Therefore, the retail space should not generate any incremental parking demand to the previous use and likely less than other retail on Lincoln such as restaurants or larger point of sale retail. Signage will be the same as the previous use as shown below. Coldwell Banker ● ~9,339 Sq ft ● Desk Count: ~64 2 Page 52 of 81 Corely North Shore ● ~4,500 Sq ft ● Desk Count: ~36 Portion of former Coldwell Space Occupied by Corely North Shore Shown in Grey 3 Page 53 of 81 Proposed Signage 4 Page 54 of 81 Page 55 of 81 Page 56 of 81  V I L L A G E O F W I N N E T K A, I L L I N O I S DEPARTMENT OF COMMUNITY DEVELOPMENT SPECIAL USE PERMIT STANDARDS Explain in detail how the proposed special use meets the following standards. Under the terms of the Zoning Ordinance, no Special Use Permit shall be granted unless it is found: 1. That the establishment, maintenance, and operation of the special use will not be detrimental to or endanger the public health, safety, comfort, morals, or general welfare; A Corely North Shore office will not be detrimental or endanger the public health, safety, comfort, morals or general welfare of the Lincoln retail corridor as it is consistent with the previous use by Compass and before them, Coldwell Banker. 2. That the special use will not be substantially injurious to the use and enjoyment of other property in the immediate vicinity which are permitted by right in the district or districts of concern, nor substantially diminish or impair property values in the immediate vicinity; A Corely North Shore office will not be detrimental to the use and enjoyment of neighboring properties as it will have the same intensity as the current Compass office and is less intensive than the previous Coldwell Banker use on site. To the best of applicants’ knowledge, there were no ongoing complaints from retailers/residents regarding either Compass or Coldwell Bankers’ previous uses on the site. Thus, providing the same or for a less intensive but consistent use will not impact property values in the immediate vicinity. 3. That the establishment of the special use will not impede the normal and orderly development or improvement of other property in the immediate vicinity for uses permitted by right in the district or districts of concern; A Corely North Shore office will not impede normal and orderly development as it is consistent with the previous use, there is no change to the footprint of the premises or the building, and the use is same or less intensive than the previous operation. 4. That adequate measures have been or will be taken to provide ingress and egress in a manner which minimize pedestrian and vehicular traffic congestion in the public ways; 6 Page 57 of 81 Corely North Shore will take care to minimize the impact on ingress/egress and the surrounding parking areas by using both on-site and public lot areas. For the majority of the time, on-site private parking will satisfy Corely North Shore’s parking requirements. Additionally, there will be no change from the current Compass use. However, compared to the previous use of Coldwell Banker, the parking requirement will be less impactful as Corely North Shore will operate out of less than half of the square footage and agent count. Thus, the proposed use will have the same or less impact on the surrounding areas than the existing use. 5. That adequate parking, utilities, access roads, drainage, and other facilities necessary to the operation of the special use exists or are to be provided. Corely North Shore’s lease agreement provides for 8 underground parking spaces. Most of the time, this will satisfy the agent count in the office. If there are more than 8 agents on-site, we will use the public lot adjacent to the office. Clients will be directed to park in available public parking. Clients typically are at the office for no more than 1- hour at a time. No incremental utility or other special accommodation is required for the use as it is consistent with the previous Compass and Coldwell Banker operation on site. 6. That the special use in all other respects conforms to the applicable regulations of this and other village ordinances and codes. Corely North Shore recognizes that the Village recently adopted the Winnetka Futures 2040 Master Plan and we believe that the proposed use incorporates many of the goals set forth in Pillar 2 – Vibrant Business Districts. Clearly, the Goals stated in Pillar 2, 2.2, 2.3, and 2.4 are met with this proposal. Corely North Shore will operate a successful service-oriented business in Winnetka, and granting the special use will provide the resident services that are both desired and needed. Granting the special use will achieve the goal of retaining a successful existing business while helping attract new residents and businesses to the Village. In sum, the proposal includes high-quality designs and signage. The real estate brokerage business serves at the gateway to the Village and allowing such businesses to thrive in the Village’s commercial district promotes vibrancy and provides economic benefit to the local businesses. Thus, this application conforms with the applicable regulation of this and other village ordinances and codes. 7 Page 58 of 81  ADDITIONAL STANDARDS PER SECTION 17.44 1. The proposed special use at the proposed location will encourage, facilitate and enhance the continuity, concentration, and pedestrian nature of the area in a manner similar to that of retail uses Based upon the existing use as a brokerage office, the proposed use creates continuity. The activity generated by the special use will encourage and enhance the pedestrian nature of the district and will complement the neighboring retail uses. The site will operate very similarly to or the same as the previously approved special use. Thus, will facility and enhance the continuity of the area. 2. The location of the proposed special use along a block frontage shall provide for a minimum interruption in the existing and potential continuity and concentration of the retail uses along the block's frontage. Again, based upon the existing use as a brokerage office, there will not be interruption in the existing and the potential concentration of retail uses along the block’s frontage. The applicant will continue to the current operation with Anne Loucks Gallery. ● Anne Loucks Gallery: The Anne Loucks Gallery specializes in contemporary American painting, sculpture and works on paper. Since its founding in 2001, the Gallery has established a reputation for its exceptional group of artists, innovative exhibitions, warm environment, and knowledgeable client service. The Gallery curates six to eight exhibitions annually, dedicating half of its space to the current show and half to an ongoing exhibition of work by Gallery artists. o 564 Lincoln Operation: “I love the idea of a small gallery space on Lincoln. I can see an ongoing exhibition program focusing on solo shows that would change every two months.” 3. The proposed special use at the proposed location will provide for active display windows, facades, signage and lighting similar in nature and compatible with that provided by retail uses. As set forth in the above narrative, Corely North Shore will continue the existing Art Gallery and any signage will remain unchanged. 4. If the proposed special use provides multi-use areas, such as retail merchandise areas, restaurant dining areas, general office space, private offices, reception areas, or employee work areas, any proposed retail merchandise area or restaurant dining area shall be concentrated and 8 Page 59 of 81  located immediately adjacent to the sidewalk and clearly visible from street in such a fashion as to invite customers to browse or dine. See 3 above. Corely North Shore is committed to providing a retail element immediately adjacent to the sidewalk that will be clearly be visible to pedestrian traffic, thereby creating a retail environment similar to other stores on the block. 5. If a proposed new building contemplates a mix of retail, office and service type uses, the minimum frontage for each retail use adjacent to the sidewalk shall be twenty (20) feet with a minimum gross floor area of four hundred (400) square feet. In addition, such retail space shall be devoted to active retail merchandising which maintains typical and customary hours of operation. The proposal does not include a new building. 6. The proposed location and operation of the proposed special use shall not significantly diminish the availability of parking for district clientele wishing to patronize existing retail businesses Per the discussion above, Corely North Shore’s lease agreement provides for 8 underground parking spaces. Most of the time, this will satisfy the agent count in the office. If there are more than 8 agents on-site, we will use the public lot adjacent to the office. Clients will be directed to park in available public parking. Clients typically are at the office for no more than 1-hour at a time. Thus, the proposed use will not significantly diminish the availability of parking in the district. 9 Page 60 of 81  1/16"=1'-0" 0 8' 16' 32' NORTH 9,339 SF ENTIRETY PAGE NJY22-6025-00 COMPASS 568 LINCOLN AVE., 05/16/23 SP8 WINNETKA, IL 60093 Page 61 of 81  PANTRY/COPY 108 FILES 107 HUDDLE ROOM 112 RESTROOM EXIST. JAN. EXIST. IT CONFERENCE 105 104 103 102 RETAIL R 101 MAIL AREA 120 FILES 122 SALES MANAGER RECEPTION 116 119 FILES OPEN OFFICE HUDDLE ROOM STORAGE CONFERENCE WELLNESS STORAGE 118 1/16"=1'-0" 124 111 113 114 115 117 0 8' 16' 32' NORTH 4,500 SF COMPASS PAGE NJY22-6025-00 COMPASS 568 LINCOLN AVE., 05/16/23 SP9 WINNETKA, IL 60093 Page 62 of 81  EXIST. IT CONFERENCE 103 102 RETAIL 101 SALES MANAGER RECEPTION 116 119 WELLNESS STORAGE 1/16"=1'-0" 117 118 0 8' 16' 32' NORTH 1,339 SF RETAIL PAGE NJY22-6025-00 COMPASS 568 LINCOLN AVE., 05/16/23 SP10 WINNETKA, IL 60093 Page 63 of 81 Page 64 of 81 ATTACHMENT B Page 65 of 81 Page 66 of 81 Page 67 of 81 Page 68 of 81 Page 69 of 81 Page 70 of 81 Page 71 of 81 Page 72 of 81 Page 73 of 81 Page 74 of 81 Page 75 of 81 Page 76 of 81 ORDINANCE NO. M-10-2017 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE EXPANSION AND OPERATION OF A REAL ESTATE OFFICE WITHIN THE C-2 RETAIL OVERLAY DISTRICT OF THE VILLAGE (564 Lincoln Avenue) WHEREAS, Coldwell Banker Residential Real Estate, LLC, d/b/a Coldwell Banker Residential Brokerage ( "Applicant" ), is the lessee of: (i) the property commonly known as 566 – 568 Lincoln Avenue, at which it currently operates a real estate office ( “Existing Property” ); and (ii) the property commonly known as 564 Lincoln Ave, Winnetka, Illinois, and legally described in Exhibit A ( “Subject Property” ) attached to and, by this reference, made a part of this Ordinance; and WHEREAS, the Applicant desires to expand the existing real estate office located in Existing Property into the Subject Property ( “Expanded Office Area” ); and WHEREAS, 562-72 Lincoln Avenue, LLC ( “Owner” ), is the record title owner of the Existing Property and the Subject Property, and Owner consents to the expansion by the Applicant of the real estate office currently operated at the Existing Property into the Subject Property and the operation by the Applicant of a real estate office at the Subject Property along with other retail operations as set forth in this Ordinance; and WHEREAS, the Subject Property is located within the C-2 General Retail Commercial District and the C-2 Commercial Overlay District of the Village (collectively, "C-2 Retail Overlay District" ); and WHEREAS, pursuant to Section 17.44.020 and the table of uses set forth in Section 17.46.010 of the Winnetka Zoning Ordinance ( "Zoning Ordinance" ), the operation of a real estate office, is not permitted within the C-2 Retail Overlay District without a special use permit; and WHEREAS, on August 28, 2017, the Applicant filed an application for a special use permit pursuant to Section 17.44.020.B and Chapter 17.56 of the of the Zoning Ordinance to allow the operation of a real estate office at the Subject Property ( "Special Use Permit" ); and WHEREAS, the Owner of the Subject Property has consented to the application for the Special Use Permit filed by the Applicant; and WHEREAS, on October 11, 2017, after due notice thereof, the Plan Commission conducted a public hearing on the proposed Special Use Permit and, by a vote of six in favor and four opposed, recommended that the Village Council approve the Special Use Permit; and WHEREAS, the Applicant appeared before the Village Council on November 21, 2017, and amended its Special Use Permit request to incorporate and provide for a portion of the Expanded Office Area to be used as a retail “pop-up” shop in the space at the front of the building on the Subject Property ( “Pop-Up Retail Area” ); and WHEREAS, the Village Council has determined that approval of the proposed Special Use Permit for the operation of a real estate at the Subject Property, including the Pop-Up Retail Area, satisfies the standards for the approval of special use permits within the C-2 Retail Overlay District set forth in Chapter 17.56 and Section 17.44.020.B of the Zoning Ordinance and is in the best interest of the Village and its residents; NOW, THEREFORE, the Council of the Village of Winnetka does ordain as follows: SECTION 1: RECITALS. The foregoing recitals are hereby incorporated into this Section 1 as the findings of the Council of the Village of Winnetka, as if fully set forth herein. SECTION 2: SPECIAL USE PERMIT. Subject to, and contingent upon, the terms and conditions set forth in Section 3 of this Ordinance, the Special Use Permit is hereby granted, pursuant to Chapter 17.56 and Section 17.44.020.B of the Zoning Ordinance and the home rule powers of the Village, to allow the expansion and operation of a real estate office by the Applicant at the Subject Property within the C-2 Retail Overlay District. SECTION 3: CONDITIONS. The Special Use Permit granted by Section 2 of this Ordinance is subject to, and contingent upon, compliance by the Applicant with the following conditions: A. Commencement of Operation. The Applicant must commence operation of the proposed additional real estate office uses in the Expanded Office Area no later than 12 months after the effective date of this Ordinance. B. Pop-Up Retail Area. Beginning on March 1, 2018, the Applicant shall provide a Pop-Up Retail Area, which shall be made available to third-parties retail users (“Vendors”) to display goods for sale to the general public. The Pop-Up Retail Area shall at a minimum consist of the northeast corner of the Subject Property and include display windows along Lincoln Avenue as well as along the courtyard of the Galleria Building, identified as “Proposed Permanent Pop Up Space” on the floor plan submitted by the Applicant, consisting of one sheet, a copy of which is attached to and, by this reference, made a part of this Ordinance as Exhibit B ( “Floor Plan” ). The Pop-Up Retail Area shall be allowed, but is not obligated, to extend into the remainder of the Subject Property identified as “Proposed Flex Space” on Floor Plan. The Pop-Up Retail Area shall be used only for the display of retail goods which a customer can view and directly purchase while in the Pop-Up Retail Area or view and order for delivery to their home or business. The Pop-Up Retail Area shall be occupied with goods available for purchase at all times, except for periods of one week or less for the sole purpose of allowing one Vendor to remove its display and another Vendor to set up its display. For those periods during which a Vendor is not occupying the Pop-Up Retail Area, the Applicant shall maintain a display of smart home technology products or other luxury home related products available for purchase by the general public. Page 77 of 81 The Pop-Up Retail Area shall be open to the public, at a minimum, from 11:00 a.m. to 5:00 p.m. Monday through Saturday, except for holidays, and be staffed during business hours by the Vendor, or in the absence of the Vendor’s representative, by Applicant’s reception staff. The Applicant shall actively and continuously market the Pop-Up Retail Area to Vendors, and the Applicant must work with commercial brokers, the Winnetka-Northfield and other Chambers of Commerce, and the Village to identify potential Vendors to use the Pop-Up Retail Area. The Applicant shall prepare a plan for review and approval by the Design Review Board. The plan must provide for window signage on the Subject Property to identify Vendors. All signage must comply with the Village Sign Code. The Applicant will not install or allow to be installed window signage on the Subject Property except in conformance with the plans approved by the Design Review Board. Prior to the Applicant or first Vendor occupying the Pop-Up Retail Area, the Applicant must schedule an appointment with the Village’s Fire Department and Community Development Department to review how the Pop-Up Retail Area will be used by Vendors and the public to ensure that the use of the Pop-Up Retail Area complies with fire code, building egress, and other life safety requirements. C. Compliance with Regulations. The development, use, and maintenance of the Subject Property, including the Pop-Up Retail Area, must comply at all times with all applicable Village codes and ordinances, as they have been or may be amended over time. D. Reimbursement of Village Costs. In addition to any other costs, payments, fees, charges, contributions, or dedications required under applicable Village codes, ordinances, resolutions, rules, or regulations, the Applicant must pay to the Village, promptly upon presentation of a written demand or demands therefor, of all fees, costs, and expenses incurred or accrued in connection with the review, negotiation, preparation, consideration, and review of this Ordinance. Payment of all such fees, costs, and expenses for which demand has been made shall be made by a certified or cashier's check. Further, the Applicant must pay upon demand all costs incurred by the Village for publications and recordings required in connection with the aforesaid matters. E. Compliance with Plans. The development, use, and maintenance of the real estate office at the Subject Property and the Pop-Up Retail Area must be in strict accordance with the Floor Plan submitted by the Applicant, consisting of one sheet, a copy of which is attached to and, by this reference, made a part of this Ordinance as Exhibit B, except for minor changes and site work approved by the Director of Community Development (within his permitting authority) in accordance with all applicable Village codes, ordinances, and standards. SECTION 4: RECORDATION; BINDING EFFECT. A copy of this Ordinance will be recorded with the Cook County Recorder of Deeds. This Ordinance and the privileges, obligations, and provisions contained herein inure solely to the benefit of, and are binding upon, the Applicant, the Owner, and each of their heirs, representatives, successors, and assigns. SECTION 5: FAILURE TO COMPLY. Upon the failure or refusal of the Applicant or the Owner to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, in addition to all other remedies available to the Village, the Special Use Permit granted in Section 2 of this Ordinance will, at the sole discretion of the Village Council, by ordinance duly adopted, be revoked and become null and void; provided, however, that the Village Council may not so revoke the Special Use Permit granted in Section 2 of this Ordinance unless it first provides the Applicant with two months advance written notice of the reasons for revocation and an opportunity to be heard at a regular meeting of the Village Council. In the event of revocation, the development and use of the Subject Property will be governed solely by the regulations of the applicable zoning district and the applicable provisions of the Zoning Ordinance, as the same may be amended from time to time. Further, in the event of such revocation, the Village Manager and Village Attorney are hereby authorized and directed to bring such zoning enforcement action as may be appropriate under the circumstances. SECTION 6: AMENDMENT OF SPECIAL USE PERMIT. Any amendments to the Special Use Permit granted in Section 2 of this Ordinance or the conditions set forth in Section 3 of this Ordinance that may be requested by the Applicant after the effective date of this Ordinance may be granted only pursuant to the procedures, and subject to the standards and limitations, provided in the Zoning Ordinance. SECTION 7: EFFECTIVE DATE. A. This Ordinance will be effective only upon the occurrence of all of the following events: 1. Passage by the Village Council in the manner required by law; 2. Publication in pamphlet form in the manner required by law; and 3. The filing by the Applicant and the Owner with the Village Clerk of an Unconditional Agreement and Consent in the form of Exhibit C attached to and, by this reference, made a part of this Ordinance, to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance and to indemnify the Village for any claims that may arise in connection with the approval of this Ordinance. B. In the event that the Applicant does not file with the Village Clerk a fully executed copy of the unconditional agreement and consent described in Section 7.A.3 of this Ordinance within 60 days after the date of passage of this Ordinance by the Village Council, the Village Council shall have the right, in its sole discretion, to declare this Ordinance null and void and of no force or effect. PASSED this 5 th day of December, 2017, pursuant to the following roll call vote: AYES: Trustees Cripe, Dearborn, Lanphier, Myers, Swierk and Ziv NAYS: None ABSENT: None Page 78 of 81  Signed s/Chris Rintz Village President Countersigned: s/Robert M. Bahan Village Clerk Published by authority of the President and Board of Trustees of the Village of Winnetka, Illinois, this 5th day of December, 2017. Introduced: November 21, 2017 Passed and Approved: December 5, 2017 EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY PARCEL 1: UNITS C-1, C-2, C-3, C-4 AND C-8 IN THE WINNETKA GALLERIA CONDOMINIUM, AS DELINEATED ON A SURVEY OF THE FOLLOWING DESCRIBED REAL ESTATE: LOT 1 IN CUMMINS WINNETKA GALLERIA CONSOLIDATION PLAT, BEING A SUBDIVISION OF LOT 6 IN LEWIS D. WEBSTER’S RESUBDIVISION OF BLOCK 11 (EXCEPT THE NORTH 75.00 FEET THEREOF); ALSO PART OF LOT 11 AND 12 IN BLOCK 12 IN PARK ADDITION TO WINNETKA SUBDIVISION BY WILLIAM H. CAIRNDUFF; ALSO PART OF LOT 15 IN BLOCK 13 IN WINNETKA PARK BLUFFS, ALL IN SECTION 20, TOWNSHIP 42 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, FORMERLY KNOWN AS. LOT 15 (EXCEPT THAT PART LYING WEST OF A LINE 50.00 FEET NORTHEASTERLY OF AND PARALLEL WITH EASTERLY LINE OF CHICAGO AND NORTHWESTERN RAILROAD COMPANY RIGHT OF WAY) IN BLOCK 13 IN WINNETKA PARK BLUFFS, BEING A SUBDIVISION BY WILLIAM CAIRNDUFF OF PARTS OF SECTIONS 16, 17, AND 20. TOWNSHIP 42 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN; AND LOT 11 (EXCEPT WESTERLY 50.00 FEET THEREOF) IN BLOCK 12 IN PARK ADDITION TO WINNETKA SUBDIVISION BY WILLIAM H. CAIRNDUFF OF PART OF SECTIONS 16, 17, AND 20. TOWNSHIP 42 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN; AND THE SOUTH 5.00 FEET OF LOT 6 IN LEWIS D. WEBSTER’S RESUBDIVISION OF BLOCK 11 (EXCEPT THE NORTH 75.00 FEET THEREOF) AND OF LOTS 6, 8, 9 AND 10 IN BLOCK 12 IN PARK ADDITION TO WINNETKA AFORESAID, EAST OF THE THIRD PRINCIPAL MERIDIAN AND THAT PART OF LOTS 11 AND 12 IN BLOCK 12 IN PARK ADDITION TO WINNETKA SUBDIVISION BY WILLIAM H. CAIRNDUFF; ALSO PART OF LOT 15 IN BLOCK 13 IN WINNETKA PARK BLUFFS, BEING A STRIP OF LAND 10.00 FEET IN WIDTH MEASURED AT RIGHT ANGLES TO AND LYING SOUTHWESTERLY FROM A LINE 50.00 FEET NORTHEASTERLY OF AND PARALLEL WITH THE EASTERLY LINE OF THE CHICAGO AND NORTHWESTERN RAILROAD COMPANY RIGHT- OF-WAY AND LYING SOUTH OF THE WESTERLY EXTENSION OF THE NORTH LINE OF THE SOUTH 5.00 FEET OF LOT 6 IN LEWIS D. WEBSTER’S SUBDIVISION AND NORTH OF THE SOUTH LINE OF SAID LOT 15 IN BLOCK 13 IN WINNETKA PARK BLUFFS, ALL IN SECTION 20, TOWNSHIP 42 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, WHICH SURVEY IS ATTACHED AS EXHIBIT “A” TO THE DECLARATION OF CONDOMINIUM RECORDED SEPTEMBER 14, 2000 AS DOCUMENT 00717633, AS AMENDED BY FIRST AMENDMENT RECORDED OCTOBER 17, 2001 AS DOCUMENT 0010964912 TOGETHER WITH ITS UNDIVIDED PERCENTAGE INTEREST IN THE COMMON ELEMENTS, ALL IN COOK COUNTY, ILLINOIS. PARCEL 2: THE EXCLUSIVE RIGHT TO THE USE OF PARKING SPACES 3, 4, 16, 17, 18, 19, 27, 28, 29, 30, 31, 32 AND 33, LIMITED COMMON ELEMENTS AS DELINEATED ON THE SURVEY ATTACHED TO DECLARATION AFORESAID RECORDED AS DOCUMENT 00717633. PARCEL 3: AN EASEMENT FOR VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS FOR THE BENEFIT OF PARCELS 1 AND 2, AS SET FORTH IN AN ACCESS AGREEMENT MADE BY AND BETWEEN THE VILLAGE OF WINNETKA AND CUMMINS WINNETKA GALLERIA, LLC., RECORDED OCTOBER 06, 2000 AS DOCUMENT 00784960. Commonly known as: 562-572 Lincoln Ave., Winnetka, Illinois 60093 Pin: 05-20-203-043-1009; 05-20-203-043-1010; 05-20-203-043-1011; 05-20-203-043-1012; 05-20-203-043-1016 EXHIBIT B FLOOR PLAN (SEE ATTACHED EXHIBIT B) Expansion of Existing Real Estate Office Page 79 of 81 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Winnetka, Illinois ( "Village" ): WHEREAS, Coldwell Banker Residential Real Estate, LLC, d/b/a Coldwell Banker Residential Brokerage ( "Applicant" ), desires to operate a real estate office located at 564 Lincoln Avenue in the Village ( “Subject Property” ); and WHEREAS, 562-72 Lincoln Avenue, LLC ( “Owner” ), is the record title owner of the Subject Property and consents to the operation of a real estate office by Applicant at the Subject Property; and WHEREAS, Ordinance No. M-10-2017, adopted by the Village Council on _________, 2017 ( "Ordinance" ), grants a special use permit to the Applicant for the operation of a real estate office at the Subject Property within the C-2 General Retail Commercial District and the C-2 Commercial Overlay District of the Village, subject to various terms and conditions; and WHEREAS, Section 7 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Applicant and the Owner have filed, within 60 days following the passage of the Ordinance, their unconditional agreement and consent to accept and abide by each and all of the terms, conditions, and limitations set forth in the Ordinance; NOW, THEREFORE, the Applicant and the Owner do hereby agree and covenant as follows: The Applicant and the Owner do hereby unconditionally agree to accept, consent to, and abide by each and all of the terms, conditions, limitations, restrictions, and provisions of the Ordinance. The Applicant and the Owner acknowledge that public notices and hearings have been properly given and held with respect to the adoption of the Ordinance, have considered the possibility of the revocation provided for in the Ordinance, and agree not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. The Applicant and the Owner acknowledge and agree that the Village is not and will not be, in any way, liable for any damages or injuries that may be sustained as a result of the Village's grant of a special use permit for the Subject Property or its adoption of the Ordinance, and that the Village's approvals do not, and will not, in any way, be deemed to insure the Applicant or the Owner against damage or injury of any kind and at any time. Page 80 of 81 The Applicant and the Owner do hereby agree to hold harmless and indemnify the Village, the Village's corporate authorities, and all Village elected and appointed officials, officers, employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be asserted against any of such parties in connection with the Village's adoption of the Ordinance granting the special use permit for the Subject Property. The Applicant and the Owner hereby agree to pay all expenses incurred by the Village in defending itself with regard to any and all of the claims mentioned in this Unconditional Agreement and Consent. These expenses will include all out-of-pocket expenses, such as attorneys' and experts' fees, and will also include the reasonable value of any services rendered by any employees of the Village. Dated: , 2017 COLDWELL BANKER RESIDENTIAL REAL ATTEST: ESTATE, LLC, D/B/A COLDWELL BANKER RESIDENTIAL BROKERAGE By: By: Its: Its: 562-72 LINCOLN AVENUE, LLC, an Illinois limited ATTEST: liability company By: By: Its: Its: Page 81 of 81