MONDAY, SEPTEMBER 20, 2010 – 8:00 P.M. 1. Pledge of
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MONDAY, SEPTEMBER 20, 2010 – 8:00 P.M. 1. Pledge of
MONDAY, SEPTEMBER 20, 2010 – 8:00 P.M. 1. Pledge of Allegiance led by Village Clerk Marlene Williams. 2. Call meeting to order and roll call. 3. Approve Consent Agenda. * 4. Approve, as submitted, minutes of regular meeting held September 7, 2010. * 5. Approve Voucher List #9-FY11 of September 20, 2010. * 6. Proclamations and Resolutions. A. Proclamations: Fire Prevention Week: October 3-9, 2010 Illinois Arts & Humanities Month: October 2010 National Breast Cancer Awareness Month: October 2010 National Domestic Violence Awareness Month: October 2010 7. Recognition, Presentations and Awards. A. Video Re: Niles West Promoting Peace & Skokie World Peace & Unity Month 8. Appointments, Reappointments and Resignations. A. Swearing in of the following personnel by the Board of Fire and Police: Name Old Position New Position John Oakley New Hire Police Officer Benni Jonsson New Hire Police Officer Ryan Rafferty New Hire Police Officer Sean Gibson New Hire Police Officer Garren Zerfass New Hire Police Officer * B. Reappointments: Beautification and Improvement Commission (One-Year Term as Chair): Ferdinand Soco Traffic Safety Commission (Two-Year Term): Unmi Song 9. Report of the Village Manager. A. RTA ICE Program: Village’s CTA Oakton Station Area Improvement Project. 10. Report of the Corporation Counsel. CONSENT * A. An ordinance establishing the salaries of the Village Manager, Deputy Village Clerk, Corporation Counsel and Assistant Corporation Counsels of the Village of Skokie. This item is on the consent agenda for second reading and adoption. * B. An ordinance granting a special use permit to establish and operate a motor vehicle hand car wash at 8208 McCormick Boulevard, Skokie, Illinois, in a M3 Industry district and relief from Chapter 118, Section 118-218(4) of the Skokie Village Code (2010-17P). This item is on the consent agenda for second reading and adoption. FIRST READING: C. A resolution approving the Settlement Agreement of the condemnation litigation pertaining to 4829 Dempster Street, Skokie, Illinois. This item is on the agenda for first reading and adoption. 363261 11. Unfinished Business. 12. New Business. 13. Plan Commission. A. Plan Commission Case 2010-19P – Special Use Permit: 9149 Gross Point Road B. Plan Commission Case 2010-15P – Zoning Chapter Amendment: Modifications to outdoor dining regulations C. Plan Commission Case 2010-23P – Alley Vacation Bounded by Davis Street, Kildare Avenue, Grove Street, and Lowell Avenue 14. Citizen Comments. 15. Adjournment. 363261 WHEREAS, the Village of Skokie is committed to ensuring the safety and security of all those visiting our Village; and WHEREAS, fire is a serious public safety concern, both locally and nationally, and homes are where people are at the greatest risk from fire; and WHEREAS, roughly 3,000 people die as a result of home fires and burns, more than 200,000 are seen in the nation’s emergency rooms for burn injuries; and WHEREAS, thermal burns out number scalds nearly two-to-one, but for children ages five and under, out number burns roughly two-to-one; and WHEREAS, cooking is the leading cause of home fires and home fire injuries, while heating and smoking are the leading causes of home fire deaths; and WHEREAS, Skokie’s first responders are dedicated to reducing the occurrence of home injuries through prevention and protection education; and WHEREAS, Skokie’s residents are responsive to public education measures and are able to take steps to increase their safety from fire, especially in their homes; and WHEREAS, residents who have planned and practiced a home fire escape plan are more prepared, therefore are more likely to survive a fire; and WHEREAS, the Fire Prevention Week 2010, October 3–9 theme, “Smoke Alarms: A sound you can live with!” actively works to motivate Illinois residents to implement smoke alarm recommendations in their homes. THEREFORE, I, GEORGE VAN DUSEN, Mayor of the Village of Skokie, do hereby proclaim October 3-9-, 2010, as “FIRE PREVENTION WEEK” throughout the Village of Skokie, to protect their families by heeding the important safety messages of Fire Prevention Week 2010 and to support public safety activities and efforts of Skokie’s fire and emergency services. Dated this 20th day of September 2010 ____________________________________ George Van Dusen Mayor ____________________________________________ Marlene Williams, Village Clerk VOSDOCS-#335987-v1-Proc_Fire_Prevention_Week WHEREAS, the arts and humanities are the embodiment of all things beautiful and entertaining in the world – the enduring record of human achievement; and WHEREAS, the arts and humanities enhance every aspect of life in Illinois – improving our economy, enriching our civic life, driving tourism, and exerting a profound positive influence on the education of our children; and WHEREAS, arts education research shows that the arts help to foster discipline, creativity, imagination, self-expression, and problem solving skills while also helping to develop a heightened appreciation of beauty and cross-culture understanding; and WHEREAS, we use the humanities – history, literature, philosophy – to explore what it means to be human; and WHEREAS, the month of October has been recognized as National Arts and Humanities Month by thousands of arts and cultural organizations, communities, and states across the country, as well as by the White House and Congress for more than two decades. THEREFORE, I, GEORGE VAN DUSEN, Mayor of the Village of Skokie, do hereby proclaim the month of October 2010 as “ILLINOIS ARTS & HUMANITIES MONTH” and call upon our citizens to celebrate and promote the arts and culture in our state and to specifically encourage the greater participation by those said citizens in taking action for the arts and humanities in their towns and cities. Passed this 20th day of October 2010 ____________________________________ George Van Dusen Mayor ___________________________________ Marlene Williams, Village Clerk Proc. 311676 Illinois Arts & Humanities Month WHEREAS, domestic violence is a serious crime that affects people regardless of age, ethnicity, socioeconomic status, religion, or sex; and WHEREAS, the crime of domestic violence violates an individual’s privacy, security, dignity, and humanity, due to systematic use of physical, emotional, sexual, psychological and economic control or abuse; and WHEREAS, in our country, more than three women are murdered by their husbands or boyfriends every day, and approximately one million incidents of domestic violence were reported in the United States in 2010; and WHEREAS, children who grow up in violent homes are believed to be abused and neglected at a rate higher than the national average; and WHEREAS, domestic violence costs the nation billions of dollars annually in medical expenses, police and court costs, shelters and foster care, sick leave, absenteeism, and non-productivity; and WHEREAS, only a coordinated community effort will put a stop to this heinous crime. NOW, THEREFORE, I, GEORGE VAN DUSEN, Mayor of the Village of Skokie, do hereby acknowledge the important work done by domestic violence programs, such as A Safe Place/Lake County Crisis Center that have provided services to victims of domestic violence in Lake County for twenty years, and do proclaim the month of October 2010 as “NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH” in the Village of Skokie and urge all the citizens to participate actively in the scheduled events and programs to eliminate the use of personal and institutional violence against women. Dated this 20th day of September 2010 ________________________________ George Van Dusen Mayor _____________________________________ Marlene Williams Village Clerk 25089 DEMPSTER ST. N W E S SKOKIE BLVD. LARAMIE AVE Village of Skokie RTA - ICE Grant Project Location Map PLAN COMMISSION REPORT 2010-19P: Special Use Permit Plan Commission Council Chambers, 8:00 PM, September 20, 2010 To: Mayor and Board of Trustees From: Paul Luke, Plan Commission Chairperson Case: 2010-19P: Special Use Permit EJ’s Kosher Pizzeria – 9149 Gross Point Road Restaurant, Limited Service PLAN COMMISSION ANALYSIS Church Point, LLC, on behalf of EJ’s Kosher Pizzeria, LLC, requests a special use permit for a limited service restaurant at 9149 Gross Point Road, in a B2 Commercial district and any relief that may be required as determined by Village staff during the review of the case. The proposed location is in a multi-tenant shopping center at the southeast corner of Gross Point Road and Church Street. The tenant space is currently vacant. The limited service restaurant will have 5-6 employees during the evening shift, including pizza chefs. The main dining area will have 50 seats, and an adjacent party room will have an additional 30 seats. The Kosher menu will not include meat ingredients. The proposed hours of operation for the Pizzeria are 11:00 a.m. – 10:00 p.m. Sunday thru Thursday, Friday 11:00 a.m. – 2:00 p.m., and Saturday nights 1.5 hours after sunset until midnight or 1:00 a.m. Under the Kashruth observance of the Chicago Rabbinical Council, the restaurant will close for the Sabbath Friday afternoon and reopen Saturday night. It was staff’s opinion that a limited service restaurant is compatible with the uses permitted in the B2 Commercial district, and uses found along arterial roadways. The Building Division will work with the petitioner to address the concerns expressed by the neighborhood. The Plan Commission concurred with the staff recommendation to grant the requested special use permit. INTERESTED PARTIES Legal notice was properly posted, advertised, and delivered as prescribed by the Zoning Ordinance. Two (2) parties who live in and/or own the townhouses next door requested to speak. Both were concerned with the rooftop exhaust system and the proximity of the food aromas/odors to their townhouses. A request was made to relocate the restaurant further north in the center. Other issues raised by the interested parties include light from the shopping center shining onto the residential property, resident parking in the shopping center parking lot and the towing of their vehicles, and the potential for garbage and rats. VOSDOCS-#362953-v1-Master_Plan_Commission_Report_for_2010-19P_Special_use_permit_for_a_limited_service_restaura 1 of 7 Sec. 212(k) of the Zoning Ordinance states that lighting must be directed away from abutting or adjacent properties, streets, or public rights-of-way. Lighting standards are provided within the regulations. If the existing lighting at the south end of the building does not meet these standards, the issue must be rectified by the property owner at the building permit stage of the process. The allowance of residential parking on the property will continue; however, residents need to observe the 8:00 a.m. daily departure deadline and maintenance (including snow removal) procedures to avoid being towed. The Village has adopted the Illinois Department of Public Health Food Service Sanitation Code (Part 750) to address issues that include garbage and refuse, and insect and rodent control. PLAN COMMISSION RECOMMENDATIONS AND VOTING The Plan Commission recommends, by a vote of 8 ayes and 0 nays, with 1 commissioner vacancy, that the petitioner’s request for a special use permit to operate a limited service restaurant at 9149 Gross Point Road be APPROVED, subject to the attached Plan Commission Recommended Conditions and Positive Findings of Fact. ATTACHMENTS 1. 2. 3. 4. 5. 6. 7. 8. Plan Commission Recommended Conditions, dated September 20, 2010 Plan Commission Positive Findings of Fact, dated September 20, 2010 Plan Commission Meeting Minutes, dated August 19, 2010 Revised Site Plan, dated Revised September 9, 2010 Revised Landscape Plan, dated Revised September 8, 2010 Preliminary Floor Plan, dated August 3, 2010 Staff Report to the Plan Commission, dated August 19, 2010 Land Use and Zoning Map by the Planning Division, titled “2010-19P” VOSDOCS-#362953-v1-Master_Plan_Commission_Report_for_2010-19P_Special_use_permit_for_a_limited_service_restaura 2 of 7 PLAN COMMISSION RECOMMENDED CONDITIONS 2010-19P: Special Use Permit Plan Commission Council Chambers, 8:00 PM, September 20, 2010 1. The petitioner shall develop the Subject Property in substantial conformance with the final Village approved site plan dated Revised September 9, 2010, floor plan dated August 3, 2010, and landscape plan dated Revised September 8, 2010. (Standard) 2. If any of the existing plant material needs to be replaced in the future, the cultivars / trademarks must comply with the “preferred” and “acceptable” cultivars / trademarks in the Village’s Accepted Plant List. 3. The parking lot must be restriped as the parking space lines are faded. 4. The petitioner shall submit the following with the building permit application: a. A fire alarm system plan capable of expansion to all units on this property for Fire Department review and approval. The proposed buildouts are to be covered by this new system. The system is to provide complete and appropriate coverage for the spaces, either a fire alarm control panel or an annunciator at each fire department entrance, and knox boxes at each tenant entrance with keys provided for that space for entry and access to all mechanical areas. b. Proposed tenant separation wall details for Fire Department review and approval. c. Detailed plans for permit review with specifications on the Kitchen (including layouts for equipment, plumbing, electrical, etc.) for review and approval by the Health Department, including addressing all items listed in the August 9, 2010, Health Department Comments. d. Detailed construction drawings and equipment specifications for review by the Fire and Health Departments. e. Detailed construction drawings and material specifications for the screened garbage corral, including an impermeable surface to contain dumpsters. 5. Grease containers and trash shall only be allowed within a designated trash enclosure, and shall be screened from public view in an enclosure approved by the Director of Community Development. All trash shall be contained in such a way as to remain out of sight at all times. 6. Waste receptacles shall be placed on the Subject Property for the use of customers, and that the Health Department shall determine the size, type, and location of these units. 7. Any plan to modify parking lot striping must be approved by the Village Traffic Engineer. 8. The petitioner shall obtain all required permits and approvals for improvements to County, State, or Federal rights-of-way from the governing jurisdiction. 9. The proposed tenant shall have a minimum of 21.5 off-street parking spaces, as VOSDOCS-#362953-v1-Master_Plan_Commission_Report_for_2010-19P_Special_use_permit_for_a_limited_service_restaura 3 of 7 indicated in the Engineering Division analysis. STANDARD SPECIAL USE PERMIT CONDITIONS 10. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage, landscaping, structures, and any other facilities or infrastructure on the Subject Property shall be maintained in a good state of repair, and when needed, be repaired or replaced in a timely manner. (Standard) 11. At least once during every 4 hours of operation and before opening and closing of the business, employees shall patrol the Subject Property and clear it of debris. 12. Parking lot and exterior lighting shall meet IES standards, be full cut-off design and be directed away from adjacent properties, subject to the approval of the Engineering Division. (Standard) 13. Any sound from audio systems shall not be a nuisance in accordance with Village Code. (Standard) 14. All off-street parking spaces shall be legibly striped and maintained. (Standard) 15. All minor modifications to building elevations, signage, and landscaping shall be subject to the review and approval of the Director of Community Development. (Standard) 16. 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) 17. All existing damaged public sidewalks or sidewalks damaged due to the implementation of this plan shall be replaced. (Standard) 18. Handicapped ramps are to be provided as necessary and meet State of Illinois Accessibility requirements and the Skokie Village Code. (Standard) 19. The handicapped parking spaces shall be installed and maintained in compliance with State of Illinois Accessibility Standards and the Skokie Village Code. (Standard) 20. Vehicles shall always be parked between and not overlap the striped lines of designated parking spaces and shall not block driveways, sidewalks, aisles, or other points of access. (Standard) 21. All employees shall park on the Subject Property. 22. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other objects that may impede travel. (Standard) 23. All landscaping shall be maintained to a maximum height of 30 inches for a distance of 15 feet from any vehicular access point or intersection in order to maintain adequate sight distance. (Standard) 24. The petitioner shall sign an "Agreement for Installation and Maintenance of Landscaping" to assure that the Subject Property and parkway landscaping is completed and maintained, including trimming, watering, and replacing of dead plant VOSDOCS-#362953-v1-Master_Plan_Commission_Report_for_2010-19P_Special_use_permit_for_a_limited_service_restaura 4 of 7 materials in a timely manner in accordance with the final approved landscape plan. A copy of said Agreement is attached hereto, marked Exhibit “A” and hereby made part of this Ordinance. This “Agreement for Installation and Maintenance of Landscaping" shall be recorded at the petitioner’s expense. (Standard) 25. All buildings shall meet current International Building and NFPA Life Safety Codes as amended. (Standard) 26. The petitioner shall submit to the Planning Division electronic files of the site and floor plans in their approved and finalized form. The files shall be scaled CADD 2D drawing files on non-compressed, non-read only CD-ROM .dwg AutoCAD format (Standard) 27. Prior to the issuance of building permits, the petitioner shall submit to the Planning Division of the Community Development Department the name, address, and telephone number of the company and contact person responsible for site maintenance in compliance with the special use permit. (Standard) 28. 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) 29. The petitioner shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. 30. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to initiate hearings to determine whether the subject Ordinance, as well as any applicable business licenses, should be revised or revoked. The petitioner shall pay all costs related to any hearings conducted as a result of non-compliance with any of the provisions of the enabling ordinance. The costs shall include but not be limited to court reporter fees, attorney fees, and staff time required researching and conducting said hearing. (Standard) VOSDOCS-#362953-v1-Master_Plan_Commission_Report_for_2010-19P_Special_use_permit_for_a_limited_service_restaura 5 of 7 PLAN COMMISSION POSITIVE FINDINGS OF FACT 2010-19P: Special Use Permit Plan Commission Council Chambers, 8:00 PM, September 20, 2010 1 Consideration The establishment, maintenance, or operation of the special use will not be detrimental to or endanger the pubic health, safety, morals, or general welfare; and the proposed building or use at the particular location is necessary or desirable to provide a service or a facility which is in the public interest and will contribute to the general welfare of the neighborhood or community. Findings This property is in a B2 Commercial district and the designated land use is retail/service employment. A limited service restaurant without a drive-through will not endanger the public’s health, safety, morals, or general welfare. The use will contribute to the community by providing a gathering place for the neighborhood and the larger community that utilizes the Gross Point Road and Church Street arterial roads. 2 Consideration The proposed building or use will not substantially change the character of the neighborhood, will not have an undue adverse affect upon adjacent property or property values in the neighborhood, will not unduly aggravate traffic conditions, and will not unduly burden essential public services such as drainage facilities, public utilities, and those services pertaining to public health, safety, and welfare in general. Findings The proposed limited service restaurant will not substantially change the character of the neighborhood. The proposed use should not have an adverse effect upon adjacent property or property values in the neighborhood, traffic conditions, or public services. 3 Consideration The proposed building(s) or use will be designed, arranged, and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. Findings The proposed limited service restaurant will occupy currently vacant tenant space in an existing building. The existing physical conditions of the property will permit the use of neighboring property in accordance with the applicable district regulations, as they do today. VOSDOCS-#362953-v1-Master_Plan_Commission_Report_for_2010-19P_Special_use_permit_for_a_limited_service_restaura 6 of 7 4 Consideration The proposed use will not alter or be contrary to the primary purpose of the zoning district of the area in which it is proposed, when its effect is considered in conjunction with the cumulative effect of the number of various special uses of all types already in the adjacent area and in the Village as a whole. Findings The proposed use will not alter or be contrary to the primary purpose of the B2 Commercial district. The proposed use should not be in conflict with nearby special uses at the intersection of Skokie Boulevard and Gross Point Road, also zoned B2 Commercial, including SUP No. 282 at 9308 Skokie Boulevard, a shopping center, bakery, and fast food restaurant; and SUP No. 369 at 9310 Skokie Boulevard, a full service restaurant with liquor. Although the bakery/fast food restaurant is a Kosher restaurant that offers pizza by the slice and by the pie, the overall menu is different from the proposed pizza and Italian cuisine of EJ’s Kosher Pizza. In addition, the bakery/fast food restaurant’s hours of operation include breakfast, lunch, and early dinner hours; whereas, EJ’s Kosher Pizza’s hours of operation are lunch and late dinner hours. The full service restaurant provides service via wait staff, providing a different dining experience with different price points for food. 5 Consideration The proposed use and its plan conform to the general intent of the Official Comprehensive Plan. Findings The site is designated as retail/service employment in the Comprehensive Plan. Restaurant employment is considered to be in the retail/service employment sector, and therefore conform to the intent of the Plan. VOSDOCS-#362953-v1-Master_Plan_Commission_Report_for_2010-19P_Special_use_permit_for_a_limited_service_restaura 7 of 7 Plan Commission Meeting Minutes Date: August 19, 2010 Summary minutes of the August 5, 2010 meeting were reviewed and accepted. Case Description 2010-19P – Special Use Permit: 9149 Gross Point Rd Church Point, LLC, on behalf of EJ’s Kosher Pizzeria, LLC, requests a special use permit for a limited service restaurant at 9149 Gross Point Road, in a B2 Commercial district and any relief that may be required as determined by Village staff during review of the case. Discussion and Interested Parties Legal Notice was properly posted, advertised, and delivered to all property owners in the area of the subject site and all occupants within the subject property, as prescribed by the Zoning Chapter. Allen Ray, representing EJ’s Kosher Pizzeria, requests a special use permit for a limited service restaurant at 9149 Gross Point Rd., in a B2 Commercial district. Allen Ray presented the case. There is a EJ’s Pizzeria location in Teaneck, NJ. It is doing well in the suburb of Teaneck, NJ. The demographics are similar to Skokie. Allen discussed hours of operation. They will not be operating during Sabbath. Hours will differ during the summer/winter months. EJ’s is a family restaurant and their hope is to be successful in Skokie. At this time there are no plans for outdoor dining. Mr. Ray discussed minor concerns, the striping of the parking lot and the concern of appropriate vegetation around the site. Allen will meet with Fire and Health Dept to discuss concerns. Roberta Zackerman, a Skokie resident for 38 years, who lives in a townhouse next door has some concerns. Stated that the property has lights that shine into her bedroom. She stated that she parks her car in the shopping center’s parking lot and was towed. She does not want garbage on her lawn, nor rats around the property. Her main concern is the exhaust fumes from the restaurant going into her bedroom. She presented a letter from the Village stating that area residents could park in the lot during specified times. Hillel Furlager – has been a Skokie resident since 1972 and is the property owner of 9123 Lamon Unit C. He has some concerns. He does not object to a restaurant going into the neighborhood. He has a problem with the restaurant exhaust stack location. He recommends that the restaurant be located further north in the shopping center. He objects to the statement in the staff report that odors will be kept to a minimum. Now is the time to locate the exhaust away from the south wall. Bob Swanson represents the management of the property. He stated that the property owner will continue to allow residents to park in the lot. He discussed snow as a main concern with cars in the parking lot. Neighbors abuse the 8:00 am parking rule to leave the lot. They has Signs and notes posted with night time cleaning. One commissioner proposed to accept the staff report into the record. Commissioners brought up concerns of what can be done to address the issues of reducing the aromas in the air. The height and location of the stack placement. Pete Peyer discussed the classification of a limited service restaurant vs a full service restaurant. Staff has no objections and is recommending approval. Recommendation and Voting The Plan Commission moved to recommend approval of this case based on positive findings of fact. The motion was approved on a vote of 8 ayes and 0 nays and 0 commissioners absent. Motion: Stasica Ayes: 8 Nays: 0 Seconded: Laxpati 362239 Plan Commission meeting minutes 8/19/2010 Case 2010-19P STAFF REPORT 2010-19P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, August 19, 2010 To: Paul Luke, Chairman, Skokie Plan Commission From: Carrie Haberstich, AICP, Planner/CDBG Administrator Re: Special Use Permit: 9149 Gross Point Road Related Case: 2010-5P Zoning Map Amendment General Information Location 9149 Gross Point Road Purpose To request a special use permit for a limited service restaurant – without drive-through. Petitioner Church Point, LLC, on behalf of EJ’s Kosher Pizzeria, LLC. Size of Site 45,561 square feet (1.05 acre) with 304.04 feet of frontage on Gross Point Road and 45.38 feet of frontage on Church Street. Existing Zoning & Land Use B2 Commercial (vacant, multi-tenant shopping center) Adjacent Zoning & Land Use North B1 Service Commercial (convenience store) and R2 Single-Family (Park District Weber Leisure Center) South R4 General (residential) East B2 Commercial (dental office) and R4 General (residential) West R4 General (residential) Comprehensive Plan The subject site is designated as retail/service employment. EXISTING SITE INFORMATION This property was rezoned from B1 Service Commercial to B2 Commercial on May 17, 2010. Although this property is directly adjacent to residential, it is also located at the intersection of 2 arterial streets (Church Street and Gross Point Road), and the property is bordered to the north and east with uses that serve a greater population than the immediate neighborhood; therefore, the zoning map amendment was approved. No interested parties spoke at the April 1, 2010, public hearing held before the Plan Commission, regarding the rezoning of the property from B1 Service Commercial to B2 Commercial. VOSDOCS-#361072-v1-Staff_Report_-_2010-19P_-_9149_Gross_Point_Rd 1 STAFF ANALYSIS Petitioner’s Submittal EJ’s Kosher Pizza, LLC, Church Street, Skokie The petitioner states that, “It is our intention, to open in the Village of Skokie a Kosher Italian restaurant in the 9149-55 Gross Point Road. As stated we will be a Kosher Pizzeria with an Italian menu of pastas and soups, as well as cold sandwiches, plates, sides, and salads. The restaurant is located in an existing building with approximately twenty-six hundred square feet total to be used. Thirteen hundred square feet is dining and the balance is the kitchen, toilet rooms and ancillary kitchen. “Being a Kosher restaurant and under the Kashruth observance of the Chicago Rabbinical Council our hours of operation will be seven days a week, though we will close for the Sabbath Friday afternoon and reopen Saturday night. The actual hours will be 11:00 a.m. – 10:00 p.m. Sunday thru Thursday, Friday 11:00 a.m. – 2:00 p.m., and Saturday nights one and a half hours after sunset till midnight or 1:00 a.m. “Our operation will be a fast food service restaurant with tables for customers. No waiters or waitresses are provided but staffing on a typical evening would be 5-6 employees including pizza chefs. Seating for customers would be approximate fifty at tables as well as a party room, which could be open for an additional thirty customers. Please contact me if you have any further questions.” Thank you, Ron Slovin Owner EJ’s Kosher Pizza, LLC Comments Staff Comment and Review sheets were sent to all pertinent departments. Staff comments on the subject case were received from the Engineering Division, Fire Department, and Health Department. All other departments returned the sheets with no comments. Engineering Division The Engineering Division has reviewed the plan, and it recommends that the parking lot be restriped. In addition, due to the adjacent residential area parking needs, there has been an understanding that local residents can park in the lot in the evening hours as long as the cars are gone by morning and/or removed during parking lot maintenance activities. The Engineering Division acknowledges this arrangement and respectfully requests that it remains. A parking analysis with existing uses and the proposed limited service restaurant, results in 56 required parking spaces. The property accommodates 61 parking spaces, including 2 handicapped spaces); therefore, the property can support the parking needs of the proposed restaurant and tenants within the commercial center. VOSDOCS-#361072-v1-Staff_Report_-_2010-19P_-_9149_Gross_Point_Rd 2 Fire Department The Fire Department has reviewed the proposal and has the following requirements: Provide a fire alarm system capable of expansion to all units in this property. The proposed buildout is to be covered by this new system. The system is to provide complete and appropriate coverage for the space. The system must include either the fire alarm control panel or an annunciator at each fire department tenant entrance as the change of occupancy for each tenant space occurs. Knox boxes to be provided at each tenant entrance with keys provided for that space for entry and access to all mechanical areas. Provide detail of proposed tenant separation wall. Plans lack sufficient architectural detail to review. Submit corrected drawings for review. Health Department The Health Department has reviewed the proposal, and its comments are included as part of the attachments. Planning Division The proposed business operations include Kosher food preparation guidelines, and the menu will not include meat. A typical evening shift will include 5-6 employees, including pizza chefs. The Planning Division recommends approval of the special use permit for the proposed limited service restaurant – without drive-through at 9149 Gross Point Road. This recommendation is subject to the conditions listed later in this staff report. Limited service restaurants require a Special Use Permit due to the potential adverse impact upon the immediate neighborhood and the Village as a whole. It requires a greater degree of scrutiny and review of site characteristics, operation of the use, and impacts to determine its suitability in a given location. A carryout or full service restaurant would be allowed by right as a permitted use at this subject location. The petitioner is not planning on making any significant changes to the appearance of the building. Several existing doors will be sealed closed and new doors to match existing will be installed. The closed glass doors will remain vision glass. The dining and party room layout in the Floor Plan dated August 3, 2010, demonstrates that the restaurant can accommodate up to 72 seats. The Village’s parking requirements are based on square footage. The tenant space is 2,152 square feet; therefore, at a rate of 1 space/100 square feet, 21.5 parking spaces will be required. Per the Engineering Division’s analysis, the overall property accommodates 61 parking spaces. A total 56 parking spaces are required to accommodate the existing and VOSDOCS-#361072-v1-Staff_Report_-_2010-19P_-_9149_Gross_Point_Rd 3 proposed uses; therefore, the parking requirements are met. The Village has not experienced parking problems at other locations in the community that meet the Village’s parking requirements. The proposed landscape plan will need to be amended. Cultivar/trademark information for the existing plants and trees will need to be provided to ensure all are on the Village’s “preferred” or “acceptable” plant lists (a few have the possibility of being on the “not preferred” list). In addition, the proposed new plantings along the parking lot are listed as “prohibited” in the Village’s plant selection since they are considered invasive; therefore, new plant material must be selected. An open space easement in the side yard prohibits the use of visual screening along the south property boundary adjacent to the residential buildings. A dumpster enclosure will be required of the property owner during the building permit review process, and will be reviewed and approved by the Director of Community Development. The design is expected to complement the existing building materials. A neighbor stopped by Village Hall after receiving a public hearing notice. He was concerned about the aromas that would be produced by the restaurant exhaust system. The kitchen is located in the southeast corner of the tenant space, and the overall building footprint. The proposed kitchen layout locates the exhaust hood approximately 9 feet from the south wall and 13 feet from the east wall. The nearest residential building to the south is approximately 20 feet, and the nearest residential building to the east (not including the detached garage) is 63 feet. Since the proposed menu will not include meat, the aromas should be kept to a minimum. When cooked, meat usually produces stronger aromas than baked bread or pizzas, cooked vegetables, etc. Bicycle parking for the shopping center is required per ordinance requirements. STAFF RECOMMENDATIONS Staff recommends that the petitioner’s request for a special use permit to operate a limited service restaurant – without drive-through – at 9149 Gross Point Road be APPROVED, based upon the Proposed Positive Findings of Fact and subject to the recommended and standard special use permit conditions. VOSDOCS-#361072-v1-Staff_Report_-_2010-19P_-_9149_Gross_Point_Rd 4 B1 RO AD PARK DISTRICT FITNESS CENTER R2 B2 SERVICE COMMERCIAL CONVENIENCE STORE CHURCH FUNERAL HOME OFFICE B2 B1 DRUG STORE SHOPPING CENTER R4 GENERAL RESIDENTIAL IN T 2010-19P PO SUBJECT SITE R4 GENERAL RESIDENTIAL 9149 Gross Point Road (Special Use Permit) SKOKIE R4 LaCROSSE GENERAL RESIDENTIAL LAMON AVE. GR OS S GENERAL RESIDENTIAL R4 2010-19P: BOULEVARD DENTAL AVENUE STREET NORTH SCALE 1 INCH = 40 FEET N PLAT OF VACATION -BY- 40 SAMBORSKI, MATTIS, INC. LAND SURVEYORS 20 4332 OAKTON STREET SKOKIE, IL 60076 PH: (847) 674- 7373 FX: (847) 674-7385 0 OF THAT PART OF THE NORTH-SOUTH 16 FOOT ALLEY AND THE EAST-WEST 16 FOOT ALLEYS LYING NORTH OF THE SOUTH LINE OF LOT 10 EXTENDED EAST AND THE SOUTH LINE OF LOT 21 EXTENDED WEST; EAST OF LOTS 3 THROUGH 10; NORTH OF LOT 6; EAST OF THE EAST LINE OF LOWELL AVENUE; SOUTH OF LOTS 5, 3, 2 AND 1; WEST OF THE WEST LINE OF KILDARE AVENUE; NORTH OF THE NORTH LINE OF LOT 27 AND WEST OF LOTS 21 THROUGH 27; ALL IN BLOCK 17 IN KRENN AND DATO'S DEVONSHIRE MANOR, BEING A SUBDIVISION IN THE SOUTH HALF OF SECTION 15, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 6, 1925 AS DOCUMENT 9089499, IN COOK COUNTY, ILLINOIS. DAVIS STREET PLAT RETURN ADDRESS: (66' RIGHT OF WAY) 58.08 55.00 THIS PLAT IS TO BE RECORDED BY THE VILLAGE OF SKOKIE, ILLINOIS FOR THE UNDERSIGNED. 68.00 UPON RECORDATION RETURN THIS PLAT TO: 44.00 4 3 91.27 1 2 128.30 3.2 128.89 10 CORPORATION COUNSEL VILLAGE OF SKOKIE 5127 OAKTON STREET SKOKIE, IL 60077 PROPERTY INDEX NUMBERS AFFECTED: 10-15-410-020-0000 10-15-410-001-0000 10-15-410-021-0000 10-15-410-002-0000 10-15-410-022-0000 10-15-410-003-0000 10-15-410-028-0000 10-15-410-006-0000 10-15-410-029-0000 10-15-410-007-0000 10-15-410-031-0000 10-15-410-008-0000 10-15-410-032-0000 10-15-410-019-0000 IN K 23 22 9 (66' RIGHT OF WAY) 50.00 33.00 33.00 24 KILDARE AVENUE K OC BL 17 N N RE 25 33.00 7 8 D AN D S STATE OF ILLINOIS SS COUNTY OF COOK } APPROVED BY THE DIRECTOR OF ENGINEERING OF THE VILLAGE OF SKOKIE, COOK COUNTY, ILLINOIS. DATED THIS____ DAY OF______________A.D. 2010 ____________________________________ DIRECTOR OF ENGINEERING STATE OF ILLINOIS COUNTY OF COOK }SS APPROVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF SKOKIE, COOK COUNTY, ILLINOIS. DATED THIS____ DAY OF______________A.D. 2010 SIGNED:______________________MAYOR ATTEST:______________________VILLAGE CLERK STATE OF ILLINOIS SS COUNTY OF COOK } I FIND NO DEFERRED OR OUTSTANDING INSTALLMENTS OF UNPAID SPECIAL ASSESSMENTS DUE AGAINST ANY OF THE LAND INCLUDED IN THE ABOVE PLAT. 10 16.00 11 12 13 21 33.00 33.00 33.00 33.00 33.00 6 ' TO A 26 20 33.00 33.00 33.00 123.06 RE HI S N VO E D AN 33.00 HEREBY VACATED HEREBY VACATED 16.00 123.06 M ... OR 33.00 27 19 33.00 34.00 5 16.00 18 33.00 33.00 4 33.00 (66' RIGHT OF WAY) 123.07 33.00 LOWELL AVENUE HEREBY VACATED 16.00 16.00 16.07 123.06 DATED THIS____ DAY OF______________A.D. 2010 _____________________________________ VILLAGE COLLECTOR STATE OF ILLINOIS COUNTY OF COOK }SS APPROVED BY THE PLAN COMMISSION OF THE VILLAGE OF SKOKIE, COOK COUNTY, ILLINOIS. DATED THIS____ DAY OF______________A.D 2010 SIGNED:_______________________ CHAIRMAN 33.00 33.00 ATTEST:_________________________ SECRETARY 17 14 15 16 122.98 16.00 (74' RIGHT OF WAY) }SS I, MICHAEL J. MATTIS JR., AN ILLINOIS PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE PREPARED THE ACCOMPANYING PLAT OF VACATION FROM OFFICIAL RECORDS FOR THE PURPOSE OF VACATING SAME AS SET FORTH BY STATUTE, AND FURTHER CERTIFY THAT THE ANNEXED PLAT IS A CORRECT REPRESENTATION OF SAME. GIVEN UNDER MY HAND OF SEAL AT SKOKIE ILLINOIS THIS 13th DAY OF AUGUST A.D. 2010 REVISED: 08/20/2010 PREPARED: 08/13/2010 ORDER NO: 31-03-VAC-44 A utility easement shall be and is hereby reserved for, and granted to, the Village of Skokie (hereinafter the "Village") and every Village-franchised public utility entity (hereinafter a "Utility") on, in, under and over the Vacated Alley. The easement is for the installation, construction, maintenance, repair, replacement, relocation, renewal, operation, and removal of all structures, facilities and equipment of the Village or Utility. A permanent public drainage easement shall be and is hereby reserved for, and granted to, the Village on, in, under and over the Vacated Alley. The easement is to allow for the drainage of water from real property in the general area, whether or not the properties are contiguous to the Vacated Alley. An owner of the Vacated Alley shall not alter the grade or change the drainage pattern of the Vacated Alley without a permit from the Engineering Division. 122.99 GROVE STREET STATE OF ILLINOIS COUNTY OF COOK 57.78 57.78 Easement Provisions __________________________________________________ ILLINOIS PROFESSIONAL LAND SURVEYOR NO. 3227 LICENSE EXPIRES 11/30/2010 Other than fences, no buildings, structures, trees, or other obstructions shall be constructed, erected, or placed on, in, under and over the Vacated Alley. Any and all structures and improvements, including, but not limited to fences, trees, or landscaping existing, built or placed on, in, under and over the Vacated Alley are done so at the owner's of the Vacated Alley own risk. Landscaping in the Vacated Alley shall not interfere with drainage or the structure, facility or equipment of a Utility. The Village and Utility shall have the right to enter upon the Vacated Alley to install, construct, maintain, repair, replace, relocate, operate, or remove, or engage in the maintenance of any structure, facility or equipment of any Utility, or the drainage conditions of the Vacated Alley. In the exercise of the easement rights, and the right to enter the Vacated Alley, the Village or the Utility shall not be liable to any owner of the Vacated Alley for any damage to, or removal of, structures, improvements, including, but not limited to, fences, trees, or landscaping on, in, under or over the Vacated Alley, nor shall the Village or Utility be responsible or liable for the restoration of the same. R1 STREET AVENUE AVENUE AVENUE DAVIS R1 AVENUE R1 R1 SUBJECT SITE R1 SINGLE-FAMILY RESIDENTIAL R1 SINGLE-FAMILY RESIDENTIAL TRIPP CHURCH KILDARE CHILD DAY CARE LOWELL KOSTNER R1 STREET GROVE R1 2010-23P: R1 Alley Vacation NORTH
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