April 7, 2010 - E

Transcription

April 7, 2010 - E

WEDNESDAY, APRIL 7, 2010 – 8:00 P.M.
1. Pledge of Allegiance led Cub Scout Pack #85.
2. Call meeting to order and roll call.
3. Approve Consent Agenda.
* 4. Approve, as submitted, minutes of regular meeting held March 15, 2010.
* 5. Approve Voucher List #22-FY10 of April 7, 2010.
6. Proclamations and Resolutions.
A. Proclamation:
Condolences for Judge Harold Sullivan
7. Recognition, Presentations and Awards.
* 8. Appointments, Reappointments and Resignations.
A. Appointment:
Commission on Family Services (Three-Year Term): Annie Shear
B. Reappointments:
Fine Arts Commission:
Sylvia Callistein (Two-Year Term)
Andrea Siegel (One-Year Term as Chair)
Human Relations Commission (Three-Year Term):
Marcia Arenson
Victor Dye
Alfred Nathan
C. Resignation:
Beautification and Improvement Commission: Harold Primack
9. Report of the Village Manager.
* A. Police Communications Center Workstations.
* B. Authorization to Apply for Police Grants.
* C. Police Communications Center – E911 Positron Equipment Upgrade.
* D. Fire Department Turnout Gear.
* E. Request to Sell Surplus Vehicles and Equipment.
* F. Bid Report – Asbestos Remediation – Bay Environmental, Inc., Chicago IL - $35,000.
* G. Bid Report – Building Demolition – DMD Services Inc., Northlake, IL - $22,320.
H. Request for Executive Session.
10. Report of the Corporation Counsel.
CONSENT:
* A. An ordinance approving a plat of dedication for property located at 4925 Dempster Street,
Skokie, Illinois is a B3 Business district. This item is on the consent agenda for second
reading and adoption.
* B. An ordinance providing for the acquisition of the real estate located at 4911 Dempster
Street, Skokie, Illinois for public purposes. This item is on the consent agenda for second
reading and adoption.
* C. An ordinance approving modifications to the previously approved special use permit for the
establishment and operation of a 2-unit congregate living facility at 4570 Church Street,
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Skokie, Illinois in an R3 Two-Family Residential district (2002-27P). This item is on the
consent agenda for second reading and adoption.
* D. An ordinance approving modifications to the previously approved special use permit for the
establishment and operation of a 2-unit congregate living facility at 4840 Wright Terrace,
Skokie, Illinois in an R4 General Residential district (2003-6P). This item is on the consent
agenda for second reading and adoption.
* E. An ordinance granting site plan approval for the construction of a parking facility at 8232
Keating Avenue, Skokie, Illinois in a CX Core Mixed-use district and relief from Chapter 118,
Section 118-184(a) of the Skokie Village Code (2009-36P). This item is on the consent
agenda for second reading and adoption.
* F. An ordinance amending Chapter 118, Sections 118-5, 118-31, 118-73, 118-82, 118-88, 11890, 118-141, 118-144, 118-172, 118-175, 118-184, 118-212 and 118-217 of the Skokie
Village Code pertaining to zoning definitions and regulations (2009-37P). This item is on the
consent agenda for second reading and adoption.
FIRST READING:
G. An ordinance approving a plat of dedication for a portion of the property located at 4055
Oakton Street, Skokie, Illinois in a B2 Commercial district. This item is on the agenda for
first reading and will be on the April 19, 2010 agenda for second reading and adoption.
11. Unfinished Business.
12. New Business.
13. Plan Commission.
A. Plan Commission Case 2010-1P – Special Use Permit: 3432 Oakton Street
B. Modified Review Plan Commission Case 91-22P – Special Use Permit Amendment at 4025
Oakton Street to change hours of operation and menu at a Subway limited service
restaurant
14. Citizen Comments.
15. Adjournment.
352342
WHEREAS, Judge Harold Sullivan was a long time resident of the Village of Skokie,
who dedicated his talents to the betterment of our community and to the legal profession, in
both his personal and professional life; and
WHEREAS, Judge Harold Sullivan was the loving husband of Mildred, with whom
he had twelve children; sons Harold, Peter, Paul, Shawn and James; daughters, Sharon
Mildred Nelson, Eunice, Mary Josephs, Beth Walsh, Theresa and Julie Manus; and more
than 40 grandchildren; and
WHEREAS, Harold Sullivan enlisted in the United States Navy during World War II
and served in the Philippine Islands corridor for two years; and
WHEREAS, Harold Sullivan attained his undergraduate degree from Loyola
University and graduated from the DePaul University College of Law in 1952. He became a
public defender and later entered the family law firm, prior to his election as a judge; and
WHEREAS, in 1960, Harold Sullivan and the Skokie Caucus Party supported the
reform of the court system and the creation of a Skokie Village Court. Harold Sullivan and
Irving Goldstein were recruited by the Skokie Caucus Party to run for two judgeships in the
Skokie Court and both were elected in 1960; and
WHEREAS, Judge Sullivan was instrumental in the restructuring of the Circuit Court
system, commencing in 1962. Judge Sullivan served as the Presiding Judge of the 2nd
Municipal District of the Circuit Court of Cook County for 35 years; and
WHEREAS, in 1967, Judge Sullivan was president of the Illinois Associate Judges
Association, and in 1971 was one of the founders of the Illinois Judges Association. His
leadership in the associations was recognized in 1990 when he was presented with IJA’s first
Lifetime Service Award and later, by the creation of the annual Judge Harold W. Sullivan
Scholarship awarded each year to an the Illinois law schools; and
WHEREAS, Judge Sullivan demonstrated compassion and foresight in 1977 when he
issued an injunction preventing the National Socialist Party from demonstrating in the Village
of Skokie, balancing first amendment rights against the desire to protect the community Jewish
residents; and
WHEREAS, in 1976-77, Judge Sullivan was the Chair of the Illinois Institute for
Continuing Education and received the IICLE Distinguished Service Award; and
WHEREAS, Judge Sullivan served on the Board of Governors of the Illinois State Bar
Association from 1978 to 1984 and 1992 to 1998, and was a member of the Association’s
Assembly for 20 years. He served on many ISBA special committees, including studies of
judicial evaluation procedures and judicial campaign financing; and
WHEREAS, Judge Sullivan served as a Chairman of the Illinois Judicial Advisory
Council. Always striving to improve judicial performance and integrity, he developed the
confidential Judicial Performance Evaluation Project and was instrumental in the formation
of the joint Illinois Judicial Ethics Commission; and
VOSDOCS-#352042-v1-Proc__Judge_Harold_Sullivan
WHEREAS, Judge Sullivan was named the Celtic Legal Society’s Man of the Year
in 1982, and a Ruth Kinka Belle Award recipient in 1987, for his efforts to eliminate domestic
violence; and
WHEREAS, Judge Sullivan was an active and long time member of St. Joan of Arc
Parish in Skokie, Illinois. Over the years, he served as a trustee of St. Francis Hospital, St.
Joseph Hospital and the Illinois Hospital Association, and an advisory board member of
Sisters of the Living Word; and
WHEREAS, Judge Sullivan was Secretary of the of the National Conference of State
Trial Judges over an extended period of time; and
WHEREAS, prior to his retirement from the bench in 1999, Judge Harold
Sullivan’s main passion was to improve the judiciary. He distinguished himself by mentoring
many young judges and spearheading courtroom programs, with a goal of ensuring that people
were treated fairly.
NOW, THEREFORE, I, GEORGE VAN DUSEN, Mayor of the Village of Skokie,
on behalf of its elected officials and residents, express our admiration and respect for Harold
W. Sullivan’s accomplishments and extend our condolences to his family, friends, and
colleagues.
Passed this 7th day of April 2010
__________________________________________
George Van Dusen
Mayor
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Marlene Williams, Village Clerk
VOSDOCS-#352042-v1-Proc__Judge_Harold_Sullivan
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THIS ORDINANCE MAY BE CITED AS
VILLAGE ORDINANCE NUMBER
10-4-Z-
AN ORDINANCE APPROVING A PLAT OF DEDICATION FOR
PROPERTY LOCATED AT 4925 DEMPSTER STREET, SKOKIE,
ILLINOIS IN A B3 BUSINESS DISTRICT
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WHEREAS, the owner of the following described real property:
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THE NORTH 1 FOOT OF THE FOLLOWING DESCRIBED PARCEL: LOT 26
(EXCEPT THE EAST 15 FEET THEREOF) AND LOTS 27 AND 28 (EXCEPT THE
NORTH 7 FEET OF SAID LOTS TAKEN FOR THE WIDENING OF DEMPSTER
STREET) IN TERMINAL SUBDIVISION IN THE NORTHEAST QUARTER OF
SECTION 21, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL
MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED APRIL 16, 1924 AS
DOCUMENT 8368019, IN COOK COUNTY, ILLINOIS.
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AFFECTED PINS: 10-21-203-001-0000, 10-21-203-002-0000, 10-21-203-064-0000
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more commonly known as the northern one foot of the property commonly known as 4925
Dempster Street, Skokie, Illinois (hereinafter the “Subject Property”), in a B3 Business
district, as depicted on the “Plat of Dedication”, dated June 6, 2007, and subsequently
revised June 11, 2007, a copy of which is attached hereto as Exhibit “1”, is dedicating the
Subject Property to the Village of Skokie; and
WHEREAS, the Subject Property abuts the Dempster Street public right of way and
the Subject Property will be utilized to facilitate streetscape improvements. The streetscape
improvements are part of the West Dempster Street Improvements Program; and
WHEREAS, the area of the Subject Property is 60 square feet, 60 feet by 1 foot.
This dedication is being made without any compensation to the property owner from the
Village of Skokie; and
WHEREAS, the Community Development Department Director reviewed the “Plat of
Dedication”, dated June 6, 2007 and subsequently revised June 11, 2007, and has
determined that the dedication meets all Village requirements and has recommended its
acceptance, as indicated in his memorandum dated February 11, 2010; and
WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on April
7, 2010, concurred in the aforesaid recommendation of the Community Development
Department Director:
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the
Village of Skokie, Cook County, Illinois:
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VOSDOCS-#350647-v1-Ordinance__Plat_of_Dedication__4925_Dempster_Street
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Section 1:
stated in full.
That the above stated Recitals are restated and incorporated as if
Section 2: That the dedication of the Subject Property, legally described above
and commonly known as the northern one foot of the property commonly known as 4925
Dempster Street, Skokie, Illinois, in a B3 Business district as depicted on the “Plat of
Dedication”, dated June 6, 2007, and subsequently revised June 11, 2007, to the Village of
Skokie, be and the same is hereby approved.
Section 3: The Subject Property abuts the Dempster Street public right of way and
the purpose of the dedication is to facilitate streetscape improvements along Dempster
Street.
Section 4: That the “Plat of Dedication”, dated June 6, 2007, and subsequently
revised June 11, 2007, attached as “Exhibit 1”, except as it may be revised subject to the
approval of the Corporation Counsel and the Village Manager or designee, be and the same
is hereby accepted. The Plat shall be recorded with the Cook County Recorder of Deeds
Office.
Section 5: That a notice of the approval of this Ordinance incorporating the
conditions contained herein shall be executed by the owner of the property in writing and
duly recorded with the Cook County Recorder of Deeds Office.
Section 6: That this Ordinance shall be in full force and effect from and after its
passage, approval and recordation as provided by law.
ADOPTED this
day of April 2010.
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Ayes:
Nays:
Absent:
Village Clerk
Approved by me this
day of April 2010.
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Attested and filed in my office
this
day of April, 2010.
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Village Clerk
Mayor, Village of Skokie
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VOSDOCS-#350647-v1-Ordinance__Plat_of_Dedication__4925_Dempster_Street
Exhibit 1
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LAND ACQUISITION
10-4-P-
AN ORDINANCE PROVIDING FOR THE ACQUISITION OF THE
REAL ESTATE LOCATED AT 4911 DEMPSTER STREET,
SKOKIE, ILLINOIS FOR PUBLIC PURPOSES
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WHEREAS, following described real estate:
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LOTS 23, 24, 25 AND THE EAST 15 FEET OF LOT 26 IN TERMINAL SUBDIVISION IN THE
NORTHEAST ¼ OF SECTION 21, TOWNSHIP 41 NORTH , RANGE 13 EAST OF THE THIRD
PRINCIPAL MERIDIAN, RECORDED ON APRIL 16, 1924 AS DOCUMENT NUMBER 8368019,
IN COOK COUNTY, ILLINOIS.
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commonly known as 4911 Dempster Street, Skokie, Illinois (hereinafter “Subject Property”),
is located within the Village of Skokie; and
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PIN: 10-21-203-066-0000
WHEREAS, the Village of Skokie is desirous of purchasing the Subject Property in the
amount of $500,000 for public purposes; and
WHEREAS, the acquisition of the Subject Property is necessary for the purpose of
fostering development along the West Dempster Street corridor or for another valid municipal
purpose; and
WHEREAS, the Corporation Counsel and Village Manager recommended the
following to the Mayor and Board of Trustees:
(i)
that the Village be authorized to acquire title to, and own, the Subject Property
commonly known as 4911 Dempster Street, Skokie, Illinois, in order to be used
for a public purpose;
(ii)
that the Real Estate Contract attached hereto and marked Exhibit “1”, for the
purchase of 4911 Dempster Street, Skokie, Illinois, be approved substantially in
the form attached, subject to changes approved by the Village Manager, or
designee, and the Corporation Counsel of the Village of Skokie;
(iii)
that the Village Manager be authorized to execute the Real Estate Contract
marked as Exhibit “1”, on behalf of the Village; and
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Page 1 of 2
VOSDOCS-#345582-v1-Ordinance__Land_Acquisition__4911_Dempster
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Section 1:
That the above stated recitals to this Ordinance are hereby incorporated
in this Section 1 as if fully set forth herein.
Section 2:
That the Subject Property legally described above with the common
address of 4911 Dempster Street, Skokie, Illinois, is located within the Village of Skokie.
Section 3:
That the acquisition of the fee simple title to the Subject Property is
necessary to serve the goals, public purposes and objectives of the Village of Skokie.
Section 4:
That the Mayor and Board of Trustees of the Village of Skokie, Cook
County, Illinois hereby authorize the Village of Skokie to purchase and acquire the Subject
Property for public purposes.
Section 5:
County, Illinois hereby authorize the Village of Skokie to enter into the real estate contract for
the Subject Property, a copy of which is attached hereto as Exhibit “1”, and hereby made a
part of this Ordinance, substantially in the form attached, or as changed with the approval of
the Village Manager, or designee, and the Corporation Counsel of the Village of Skokie.
Section 6:
County, Illinois hereby authorize the Village Manager to execute the real estate contract for
the Subject Property, substantially in the form attached, or as changed with the approval of
the Village Manager, or designee, and the Corporation Counsel of the Village of Skokie.
Section 7:
That this Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form and in the Skokie Review on
and
as provided by law.
ADOPTED this
day of April 2010.
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Village Clerk
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Ayes:
Nays:
Absent:
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Approved by me this
April 2010.
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Attested and filed in my office this
day of April 2010; and
published in the Skokie Review
according to law on April
, 2010
and April
, 2010.
_____________________________
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day of
Village Clerk
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VOSDOCS-#345582-v1-Ordinance__Land_Acquisition__4911_Dempster
Exhibit 1
REAL ESTATE SALE CONTRACT
1.
The Parties and the Contract: Larry Berg as nominee, is the purchaser (hereinafter
referred to as "Purchaser"), and seller is Owner of Record (hereinafter referred to as “Seller”).
Purchaser and Seller are hereinafter collectively referred to as the “Parties”. This Real Estate
Sale Contract is referred to herein as the “Contract.” The effective date of this Contract is March
_____, 2010.
2.
Real Estate: Seller agrees to convey to Purchaser the real estate legally described on
Exhibit A attached hereto and incorporated herein and all improvements thereon (the “Real
Estate”), which Real Estate is commonly known as 4911 Dempster Street, Skokie, Illinois. The
Property Identification Number is: 10-21-203-066-0000.
3.
Fixtures and Personal Property: All fixtures and/or personal property located on the
Real Estate at the time of Closing (as defined below) of this transaction shall be transferred to the
Purchaser by an executed Bill of Sale unless mutually agreed otherwise by the Parties.
4.
Earnest Money: Within seven (7) days of Seller’s execution of this Contract, Purchaser
shall deposit initial earnest money in the amount of Ten Thousand Dollars ($10,000.00) in
escrow with Century 21 McMullen in a segregated money market account with the interest
payable to the Purchaser at the time of closing. The Parties acknowledge and agree that the
Parties shall execute all necessary documents with respect to the Earnest Money escrow, in form
and content. The Parties shall pay equal portions of any and all expenses with respect to the
Earnest Money escrow.
5.
Inspection(s) and Due Diligence:
a. Purchaser shall have thirty (30) days from the date of Seller’s execution to perform
inspections and due diligence on the Real Estate. Purchaser, at Purchaser’s expense is hereby
authorized to perform any inspections and testing needed to satisfy due diligence, including but
not limited to environmental and building inspections. At any time within this 30 day period
Purchaser may elect to terminate the contract. In the event Purchaser elects to terminate this
Contract, neither Party hereto shall have any further obligation or liability under this Contract and
all Earnest Money shall be returned to Purchaser.
b. Seller understands and agrees to:
1. submit any and all documents, reports, or environmental test results regarding
the Real Estate prepared by an environmental consultant, in the possession of
the Seller within seven (7) days of the date of execution of this agreement, if
Seller hasn’t already so;
2. allow reasonable access to the Real Estate and all structures thereon,
in order for Purchaser to perform inspections, including but not limited to an
asbestos inspection, and/or diagnostic testing, and site borings;
3. allow reasonable access and authorization to the Real Estate and all structures
thereon in order to perform soil borings should the need to be determined by
the Purchaser’s environmental consultant, after review of all available
environmental documentation.
4. Any contractors and/or environmental specialists who work upon the property
must insure seller against any damage or loss including work related injuries
to their employees as a result of same and purchaser shall hold seller harmless
and indemnify against any said damages and losses.
5. Samples may be taken from the parking lot areas only and may be patched.
Samples will be taken from the parking lot areas only and will be patched.
Prior to the Seller deducting any money from the earnest money deposit,
Seller shall provide written notice to Purchaser of Seller’s intent to do so and
Purchaser shall have twenty-one (21) days to perform said repair being
twenty-one (21) days from receipt of written notice of same.
6. Until the due diligence and inspection contingencies are waived or executed,
the Seller may continue to market the property. In the event another bonafide
offer is tendered to the Seller, Seller shall notify the Purchaser in writing
within one (1) business day of receipt of same. Upon receipt of said written
notice issued by Seller, the Purchaser shall elect as follows:
i. Purchaser may cancel the contract and receive an immediate and full
refund of the earnest money deposit, less any repair payments as described
in Paragraph 3(b);
ii. Purchaser may waive any and all remaining contingencies and close the
transaction pursuant to the terms of the real estate contract;
iii. Purchaser agrees to notify Seller of his election within three (3) business
days following the receipt of Seller’s written notice that Seller has
received another bonafide offer to purchase the subject property;
iv. A subsequent bonafide offer shall be defined as a written and executed
offer for a purchase price in excess of the purchase price of the current
contract containing equivalent terms and conditions.
6. Purchase Price: Purchaser agrees to purchase the Real Estate at a purchase price (the
“Purchase Price”) of Five Hundred Thousand Dollars ($500,000.00). At Closing, pursuant to
paragraph 9, the Parties will direct that all of the Earnest Money, be paid to or at the direction of
Seller and credited on behalf of the Purchaser, toward the Purchase Price. In addition, the
balance of Purchase Price shall be due at Closing, plus or minus prorations.
7. Property Tax Filings: Seller agrees to provide Purchaser with copies of any and all property
tax appeals, petitions or filings with the County of Cook, in addition to any and all agreements
entered into with attorneys concerning real estate tax work, with respect to the Real Estate and
related Permanent Index Number within the last three (3) tax years. These documents would
include petitions previously granted or denied and those currently pending. Such documents will
be submitted to Purchaser at least twenty (21) days prior to Closing.
8. Real Estate Transfer Tax: Seller shall pay or cause to be paid, the amount of any stamp tax
imposed by State law, County and Municipal Ordinance on the transfer of the title, and shall
furnish all forms signed by Seller or Seller's agents, as required under the afore referred statutes
and ordinances. Purchaser agrees to cooperate and sign any transfer declarations or other such
forms which may be required in connection with the Closing or the transfer of Real Estate.
9. Closing: The date of closing (the “Closing Date”) shall be on April ____, 2010 or such other
date mutually agreed by the Parties, at an office of Affinity Title Services as closing agent for First
American Title Insurance Company, underwriter (the “Title Company”), provided title is shown to
be good or is accepted by Purchaser. The closing of this transaction is referred to as the “Closing.”
Closing costs shall be paid as follows:
a.
Seller’s Closing Costs. Seller shall pay (i) the base premium and the
premium for the extended coverage endorsement for the owner’s title insurance policy
required under Section 16, (ii) recording charges for any documents required to clear
title, to the extent Seller is required to do so as provided in Section 16 hereof, (iii) half of
the fee the agency escrow/closing fee charged by the title company, and (iv) Seller’s
attorney, broker fees and expenses in this transaction.
b.
Purchaser’s Closing Costs. Purchaser shall pay (i) the premium for any
endorsements requested by Purchaser for the owner’s title insurance policy provided in
Section 16 that are in addition to the extended coverage endorsement, (ii) half of the fee
the agency escrow/closing fee charged by the title company and (iii) the recording costs
for warranty deed.
10. Possession: Possession shall be delivered to the Purchaser at the Closing, at which time the
existing buildings on the Real Estate must be vacant.
11. Removal of Personal Property. Seller shall remove from the Real Estate by the date of
closing, all debris and Seller’s personal property not conveyed by Bill of Sale to Buyer. Purchaser
shall be entitled to perform walkthrough within 48 hours prior to closing to ensure that the real
estate and improvements are in the same condition as that of the real estate contract.
12. Property Tax Prorations: At closing, Seller shall credit the Purchaser for 2009 through
2010 real estate taxes based on 100% of the 2008 real estate tax bill. Seller shall deposit in
escrow with Affinity Title Services/First American Title Company the additional sum of the total
amount of real estate tax credits for 2009 though 2010 based upon the current real estate taxes,
not having a vacancy or any other reductions plus 10%. The parties shall split any escrow fee.
Upon issuance of the second installment 2009 tax bill, the 2009 real estate tax credit shall be
reprorated. Seller agrees to fully cooperate with Purchaser and execute and file any and all
documents required to apply for a reduction in the 2010 real estate tax bill. The 2010 real estate
tax credit shall be reprorated upon final verification of the 2010 tax amount or upon the issuance
of the 2010 second installment real estate tax bill. The Purchaser shall refund any excess credit
provided at closing to the Seller. Escrowee shall provide payment to the Purchaser for any
deficiency. Seller shall remain liable for any and all escrow deficiencies. Seller’s obligations
shall survive the closing.
13. Plat of Survey: Not less than seven (7) business days prior to closing, Seller shall at
Sellers expense, tender to attorney for Purchaser an Alta Plat of Survey by an Illinois registered
land surveyor depicting all corners staked and flagged, and showing the location of all
improvements thereon, any encroachments, measurements of all lot lines, easements, building
line set backs, fences, all building and other improvements on the real estate and distances
thereof to all lot lines. If the survey discloses improper location of improvements or
encroachments (other than fences). Purchaser may, at his option, declare the contract null and
void and receive a refund of all monies previously tendered. Said survey shall be dated no more
than ninety (90) calendar days prior to closing.
14. Notices: All notices, demands or other communications required to be given under this
Contract shall be in writing and shall be deemed duly served if personally served, sent by certified
mail, return receipt requested, or by facsimile transmission, with a copy sent first class mail on the
date of transmission. All notices shall be addressed to the party intended to be served. Until
changed in the manner provided in the previous sentence, the addresses and facsimile numbers of
the parties shall be:
If to Purchaser:
If to Seller:
15. Deed: Seller shall convey or cause to be conveyed to Purchaser good and merchantable title
to the Real Estate by a warranty deed in recordable form, and a proper bill of sale, subject only to:
covenants, conditions and restrictions of record; public and utility easements and roads and
highways, if any; general real estate taxes for the year 2009 and subsequent years including taxes
which may accrue by reason of new or additional improvements during the year(s); and the
Permitted Exceptions described in Section 16.
16.
Title:
a.
Seller has delivered, or will deliver within twenty one (21) days after the date of
this Contract, as evidence of title in Seller, a title commitment issued by the Title Company with an
effective date no earlier than thirty (30) days prior to the date of this Contract (the “Title
Commitment”) for an ALTA title insurance policy in the amount of the Purchase Price with
extended coverage. The Title Commitment will be conclusive evidence of good and merchantable
title as therein shown, subject only to the exceptions therein stated. Within fourteen (14) days after
Seller’s delivery of the Title Commitment to Purchaser, Purchaser shall send written notice to
Seller of any objections by Purchaser to any of the title exceptions identified on the Title
Commitment (the “Objectionable Exceptions”). All exceptions identified in the Title Commitment
which are not Objectionable Exceptions shall be deemed “Permitted Exceptions” under this
Contract. Seller may, within fourteen (14) days after receipt of Purchaser’s notice of any
Objectionable Exceptions, elect to eliminate or provide title insurance over the Objectionable
Exceptions. If Seller is unable or unwilling to so eliminate or provide title insurance over the
Objectionable Exceptions, than Seller shall notify Purchaser who shall have the right, at its
election, but as its sole and exclusive remedy, either to (a) waive the Objectionable Exceptions and
accept title to the Real Estate subject to such Objectionable Exceptions (in which event such
exceptions shall be deemed Permitted Exceptions), or (b) terminate this Contract by delivering
written notice to Seller within ten (10) days of said notice, the before the end of the said ten (10)
day period. In the event Purchaser elects to terminate this Contract, neither Party hereto shall have
any further obligation or liability under this Contract, except as otherwise provided to the contrary
in this Contract and all Earnest Money shall be returned to Purchaser. In the event Purchaser does
not elect to terminate this Contract in accordance with the terms of this Section 16, all exceptions
to title listed in the Title Commitment (including those which Purchaser previously designated as
Objectionable Exceptions) shall conclusively be deemed to constitute Permitted Exceptions.
b.
As of the Closing Date, Seller shall cause the Title Company to issue to Purchaser
an ALTA Owner's Policy of Title Insurance or irrevocable commitment to issue same with
extended coverage (the "Title Policy") covering the Real Estate in the amount of the Purchase
Price, subject only to the Permitted Exceptions. Notwithstanding the foregoing, if any additional
exceptions to title are identified after the date of the Title Commitment that were not caused by the
voluntary act of Seller, Seller shall not be required to remove such additional exceptions and the
sole and exclusive remedy of Purchaser will be either to (i) take title to the Real Estate subject to
such additional exceptions or (ii) terminate this Contract. In the event Purchaser elects to terminate
this Contract, neither Party hereto shall have any further obligation or liability under this Contract,
except as otherwise provided to the contrary in this Contract and Earnest Money shall be returned
to Purchaser.
c.
At the closing Seller will deliver an executed Affidavit of Title that Seller has not
had any work or service performed or contracted for, that is basis for any type of lien or
encumbrance filed against the Real Estate, since the date the Title Commitment was issued.
d.
Any endorsements requested by Purchaser for the Title Policy, other than the
extended coverage endorsement, shall be paid for solely by Purchaser. Issuance or availability of
any such additional endorsements requested by Purchaser shall not be a condition of Closing, and
the failure of Purchaser to obtain any such additional endorsements shall not be deemed a default
by Seller or a reason for Purchaser not to acquire the Real Estate.
17.
Performance: Time is of the essence of this Contract.
18. Commissions: Both Parties warrant, agree and accept that the only broker’s commission
due, is to Century 21 McMullen Real Estate, Inc. and is the responsibility of the Seller.
19. Property Violations: Seller represents that Seller, any beneficiaries or agents of Seller or of
its beneficiaries, has not received any notices from any governmental entity, regarding any zoning,
building, life safety or health code violations in respect to the Real Estate that have not been
heretofore corrected.
20. Environmental: Seller shall provide upon execution of this contract, all corresponding and
supporting documentation obtained pertaining to the Real Estate, prepared by either its
environmental consultants other consultants, in which Seller is possession of, including, but not
limited to, documentation related to any pending or closed matter with the IEPA concerning the
Real Estate. Purchaser shall have thirty (30) days from the execution of this contract to review
the submitted documents. If Purchaser elects to terminate this Contract pursuant to the provision
of paragraph 5 then neither party shall have any further obligation or liability under this contract,
except as otherwise provided herein, and the earnest money shall be returned to Purchaser.
21. Duplicate: A duplicate original of this Contract, duly executed by the Seller, shall be
delivered to the Purchaser within five (5) business days from the date hereof, otherwise, at the
Purchaser's option, this Contract shall become null and void.
22. Choice of Law: This Contract shall be governed in accordance with the laws of the State
of Illinois (excluding its conflicts of law rules) and any dispute arising as to the interpretation of
this Contract shall be heard in a court of competent jurisdiction sitting in Cook County, Illinois
and in no other court.
23. Demolition: Seller agrees not to demolish or otherwise destroy the buildings that improve
the Real Estate and that exist at the time of acceptance, any time prior to Closing.
24. Uniform Vendor and Purchaser Risk Act: The Parties agree that the Uniform Vendor and
Purchaser Risk Act of the State of Illinois shall be applicable to this Contract.
25. Authorized Signatories: The Parties represent that the undersigned signatories for each of
them respectively are authorized signatories for this Contract and that the effect of the signatures is
to make this Contract binding on the respective Parties.
26. Counterparts: This Contract may be executed in any number of counterparts, each of which
shall be deemed to be a duplicate original, and all of which together shall constitute but one and the
same instrument. For the purpose of negotiating and finalizing this Contract, any signed
documentation including this Contract, Riders(s) and any subsequent amendments transmitted by
email or facsimile machine shall be treated in all manner and respects as an original document and
shall be considered to have the same binding legal effect as an original document.
IN WITNESS WHEREOF, Seller and Purchaser have executed this Contract as of the
date first above written.
SELLER:
PURCHASER:
By:
By:
Larry Berg
Its:___________________________
EXHIBIT A
LEGAL DESCRIPTION
4911 Dempster Street, Skokie, IL, 60077
PIN: 10-21-203-066-0000
Lots 23, 24, 25, and the east 15 feet of Lot 26 in Terminal Subdivision in the Northeast 1/4 of
Section 21, Township 41 North, Range 13 East of the Third Principal Meridian, recorded on
April 16, 1924 as document number 8368019, in Cook County, Illinois.
C
JPH: *4/7/10
PC: 2002-27P
SUP: 121.03
10-4-Z-
AN ORDINANCE APPROVING MODIFICATIONS TO THE PREVIOUSLY
APPROVED SPECIAL USE PERMIT FOR THE ESTABLISHMENT AND
OPERATION OF A 2-UNIT CONGREGATE LIVING FACILITY AT 4570
CHURCH STREET, SKOKIE, ILLINOIS IN AN R3 TWO-FAMILY
RESIDENTIAL DISTRICT
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WHEREAS, on December 2, 2002, the Mayor and Board of Trustees of the Village of
Skokie adopted Village Ordinance Number 02-12-Z-3133 approving a special use permit to
allow the establishment and operation of a 2-unit congregate living facility at the property
legally described as follows:
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THE WEST 6.83 FEET OF LOT 13 IN BLOCK 2, TOGETHER WITH THAT PART OF
VACATED KENTON AVENUE LYING SOUTH OF THE NORTH LINE OF SAID LOT 13
EXTENDED WEST AND NORTH OF THE SOUTH LINE OF SAID LOT 13 EXTENDED
WEST IN ROTH AND GORDON'S TERMINAL SUBDIVISION, BEING A SUBDIVISION OF
LOT 2 IN SCHUSTER AND KRUGER’S SUBDIVISION OF PART OF THE SOUTH 1/2 OF
THE WEST 20 ACRES OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 15,
TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
COOK COUNTY, ILLINOIS.
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PIN: 10-15-127-072-0000
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commonly known as 4570 Church Street, Skokie, Illinois (hereinafter “Subject Property”) in an
R3 Two-Family Residential district; and
WHEREAS, the owner of the Subject Property requested that it be allowed to modify
the previously approved special use permit, in order to add one additional bedroom; and
WHEREAS, the living room area will be converted to a bedroom and a new living room
space will be created to provide residents with a social gathering space; and
WHEREAS, the Corporation Counsel, the Plan Commission Chairman, and the
Community Development Director for the Village of Skokie reviewed the request and found
that the (i) requested modification is in substantial compliance with the special use permit
granted pursuant to Village Ordinance Number 02-12-Z-3133, (ii) does not change the intent of
the special use permit affecting the Subject Property and (iii) determined that the special use
permit for the Subject Property could be amended utilizing the modified review procedure
pursuant to Section 118-34 of the Skokie Village Code; and
WHEREAS, the three person panel recommended to the Mayor and Board of Trustees
that the requested modification be granted, subject to the modified condition contained in the
Skokie Plan Commission Chairman’s Memorandum dated, June 23, 2009; and
Page 1 of 2
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WHEREAS, at a public meeting duly held on March 1, 2010, the Mayor and Board of
Trustees concurred in the aforesaid recommendations and findings of fact of the Plan
Commission Chairman, the Corporation Counsel, and the Community Development Director;
Section 1:
That the request by the owner of the Subject Property, legally described
above, and commonly known as 4570 Church Street, Skokie, Illinois in a R3 Two-Family
Residential district, to allow a modification of the special use permit to amend the floor plans to
add one additional bedroom, is hereby granted, subject to the following modification to
condition 1 of Village Ordinance Number 02-12-Z-3133. The new material is highlighted in
bold and the material to be deleted is struck through and highlighted:
1.
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The petitioner shall develop the Ssubject Propertysite in substantial
conformance with the final Village approved First Floor Plan, and Second
Floor Plan, both dated August 1, 2009 September 30, 2002, the Basement
Plan dated October 9, 2002 and the Site Plan/Landscaping Plan dated
October 2, 2002.
duly recorded with the Cook County Recorder of Deeds Office at the owner’s expense.
ADOPTED this
day of April 2010.
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Village Clerk
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Ayes:
Nays:
Absent:
Approved by me this
April 2010.
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Attested and filed in my
office this
day of
April 2010.
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Page 2 of 2
VOSDOCS-#351972-v1-Ordinance__200227P__SUP_Amendment__Modified_Review__Congregate_Living_Facility__4570_Church
day of
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JPH: *4/7/10
PC: 2003-6P
SUP: 132.02
10-4-Z-
AN ORDINANCE APPROVING MODIFICATIONS TO THE PREVIOUSLY
APPROVED SPECIAL USE PERMIT FOR THE ESTABLISHMENT AND
OPERATION OF A 2-UNIT CONGREGATE LIVING FACILITY AT 4840
WRIGHT TERRACE, SKOKIE, ILLINOIS IN AN R4 GENERAL
RESIDENTIAL DISTRICT
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WHEREAS, on May 5, 2003, the Mayor and Board of Trustees of the Village of Skokie
adopted Village Ordinance Number 03-5-Z-3163 approving a special use permit to allow the
establishment and operation of a 2-unit congregate living facility at the property legally
described as follows:
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LOT 19 IN BLOCK 1 IN A. A. LEWIS DEMPSTER TERMINAL SQUARE SECOND
ADDITION, A SUBDIVISION OF PART OF LOT 5 IN THE ASSESSOR'S DIVISION OF
THE NORTHEAST 1/4 OF SECTION 21, TOWNSHIP 41 NORTH, RANGE 13, EAST OF
THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
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PIN: 10-21-218-025-0000
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commonly known as 4840 Wright Terrace, Skokie, Illinois (hereinafter “Subject Property”) in an
R4 General Residential district; and
WHEREAS, the owner of the Subject Property requested that it be allowed to modify
the previously approved special use permit, in order to add two additional bedrooms; and
WHEREAS, the living room areas will be converted to two bedrooms and a new living
room area will be created in order to provide residents with a social gathering space; and
WHEREAS, the Corporation Counsel, the Plan Commission Chairman, and the
Community Development Director for the Village of Skokie reviewed the request and found
that, (i) the requested modification is in substantial compliance with the special use permit
granted pursuant to Village Ordinance Number 03-5-Z-3163, (ii) does not change the intent of
the special use permit affecting the Subject Property and (iii) determined that the special use
permit for the Subject Property could be amended utilizing the modified review procedure
pursuant to Section 118-34 of the Skokie Village Code; and
WHEREAS, the three person panel recommended to the Mayor and Board of Trustees
that the requested modification be granted, subject to the modified condition contained in the
Skokie Plan Commission Chairman’s memorandum dated, June 23, 2009; and
WHEREAS, at a public meeting duly held on March 1, 2010, the Mayor and Board of
Trustees concurred in the aforesaid recommendations and findings of fact of the Plan
Commission Chairman, the Corporation Counsel, and the Community Development Director;
Page 1 of 2
VOSDOCS-#352036-v1-Ordinance__20036P__SUP_Amendment__Modified_Review__Congregate_Living_Facility__4840_Wright_T
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Section 1:
That the request by the owner of the Subject Property, legally described
above, and commonly known as 4840 Wright Terrace, Skokie, Illinois in an R4 General
Residential district, to allow a modification of the special use permit to amend the floor plans to
add two additional bedrooms, is hereby granted, subject to the following modification to
condition 1 of Village Ordinance Number 03-5-Z-3163. The new material is highlighted in
bold and the material to be deleted is struck through and highlighted:
1.
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The petitioner shall develop the Ssubject Propertysite in substantial
conformance with the final Village approved First and Second Floor Plan,
dated August 1, 2009, and Garden Unit Plan, both dated December 2, 2002,
and the Plat of Survey (site plan) dated June 8, 1998.
duly recorded with the Cook County Recorder of Deeds Office at the owner’s expense.
ADOPTED this
day of April 2010.
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Village Clerk
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Ayes:
Nays:
Absent:
Approved by me this
April 2010.
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office this
day of
April 2010.
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Village Clerk
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Page 2 of 2
VOSDOCS-#352036-v1-Ordinance__20036P__SUP_Amendment__Modified_Review__Congregate_Living_Facility__4840_Wright_T
day of
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JPH: *4/7/10
PC: 2009-36P
SPA: 406.01
10-4-Z-
AN ORDINANCE GRANTING SITE PLAN APPROVAL FOR THE
CONSTRUCTION OF A PARKING FACILITY AT 8232 KEATING
AVENUE, SKOKIE, ILLINOIS IN A CX CORE MIXED-USE DISTRICT
AND RELIEF FROM CHAPTER 118, SECTION 118-184(a) OF THE
SKOKIE VILLAGE CODE
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THE NORTH HALF OF LOT 34 AND ALL OF LOT 35 IN VALOS MAIN STREET
ADDITION OF BLOCK 4 IN THE SUBDIVISION OF THE WEST HALF OF THE
SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 41, RANGE 13 EAST OF THIRD
PRINCIPAL MERIDIAN, RECORDED MAY 17, 1924 AS DOCUMENT 8550486, IN COOK
COUNTY, ILLINOIS.
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PIN: 10-22-310-044-0000
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more commonly described as 8232 Keating Avenue, Skokie, Illinois (hereinafter “Subject
Property”), petitioned the Village of Skokie for site plan approval to construct a 3-car parking facility
to be utilized by the residents in an existing, nonconforming, 2-unit multifamily residence in a CX
Core Mixed-use district; and
WHEREAS, the residence on the Subject Property was constructed in 1954 with a 5.38
foot north side yard, which at the time, was in compliance with the Village Code. However, the side
yard became nonconforming when the zoning of the Subject Property was changed to CX Core
Mixed-use in 2009 and the minimum side yard requirement became 6 feet; and
WHEREAS, the reclassification of the Subject Property to CX Core Mixed-use destined that
the parking facility be considered a principal building on the lot also and must meet the 6 foot
minimum side yard requirement; and
WHEREAS, the proposed parking facility would be constructed on an existing garage slab
that was installed with permit in 2008. The garage slab is currently 3.35 feet away from the north
side lot line of the Subject Property. At the time of installation, it was permitted to construct a
parking facility with a 3 foot setback from the side lot line with site plan approval; and
WHEREAS, the Skokie Plan Commission recommends that relief be granted from Chapter
118, Section 118-184(a) to allow the continuation of the 5.38 foot north side yard for the
nonconforming 2-unit multifamily residence and a 3.35 foot north side yard for the parking facility
rather than the 6 foot minimum requirement; and
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Page 1 of 3
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WHEREAS, the Skokie Plan Commission, at a public hearing duly held on January 21,
2010, at which no interested parties spoke: (i) determined that proper legal notice had been
achieved and (ii) made the appropriate findings of fact in the affirmative, as required under Section
118-32 of the Skokie Village Code; and
WHEREAS, the Skokie Plan Commission voted to recommend to the Mayor and Board of
Trustees that: (i) the requested site plan approval be granted subject to the conditions contained in
the Plan Commission Report dated March 1, 2010, or as subsequently modified by Staff; and (ii)
relief be granted from Chapter 118, Section 118-184(a) of the Skokie Village Code to allow the
continuation of the 5.38 foot north side yard for the nonconforming 2-unit multifamily residence and
a 3.35 foot north side yard for the parking facility rather than the 6 foot minimum requirement; and
WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on March 1,
2010, voted to concur in the aforesaid recommendations and findings of fact of the Skokie Plan
Commission;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village
of Skokie, Cook County, Illinois:
Section 1:
That the site plan approval requested by the petitioner to construct a 3-car
parking facility to be utilized by the residents in an existing, nonconforming, 2-unit multifamily
residence in a CX Core Mixed-use district at the Subject Property. legally described above and
commonly known as 8232 Keating Avenue, Skokie, Illinois, in a CX Core Mixed-use district, is
hereby granted and approved subject to each of the conditions set forth below:
1. The petitioner shall develop the Subject Property in substantial conformance with the final
Village approved Site Plan dated June 22, 2007, and the Detached Garage Plan dated June
22, 2007;
2. All fencing, walls, sidewalks, driveways, curbs, 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;
3. Any parking lot or exterior lighting shall meet IES standards, be full cut-off design, and
directed away from adjacent properties, and subject to the approval of the Engineering
Division;
4. Any existing damaged public sidewalks or sidewalks damaged due to the implementation of
this plan shall be replaced;
5. Handicapped ramps are to be provided as necessary and meet State of Illinois Accessibility
requirements and the Skokie Village Code;
6. Vehicles shall always be parked in designated parking spaces, and not overlap the striped
lines of designated parking spaces or parked in or otherwise block driveways, sidewalks,
aisles, or other points of access;
7. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other objects
that may impede travel;
8. 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;
9. The petitioner shall submit to the Planning Division electronic files of the plat of survey, site
plan, and landscape plan in their approved and finalized form. The files shall be scaled
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CADD 2D drawing files on non-compressed, non-read only CD-ROM .dwg AutoCad format
(version 2004 or later preferred);
10. 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;
11. If work is to be performed on public property or if public property is utilized or impacted
during construction and/or development, the owner shall provide, or shall cause the
developer and/or contractor to provide, the Village of Skokie with a certificate of insurance
naming the Village of Skokie as additionally insured for any and all claims related to any and
all work. The owner shall hold, and shall cause the developer and/or contractor to hold, the
Village of Skokie harmless and indemnify the Village for any and all claims for property
damage or personal injury related to work on or use of public property;
12. The petitioner shall comply with all Federal and State statutes, laws, rules and regulations
and all Village codes, ordinances, rules, and regulations;
13. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to
initiate hearings to determine whether the subject Ordinance, as well as any applicable
business licenses, should be revised or revoked; and
14. The petitioner shall pay all costs related to any hearings conducted as a result of noncompliance 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.
Section 2:
That relief from Chapter 118, Section 118-184(a) of the Skokie Village
Code to allow the continuation of the 5.38 foot north side yard for the nonconforming 2-unit
multifamily residence and a 3.35 foot north side yard for the parking facility rather than the 6 foot
minimum requirement, is hereby granted.
Section 3:
That a notice of the approval of this Ordinance incorporating the
conditions contained herein shall be executed by the owner of the property in writing and duly
recorded with the Cook County Recorder of Deeds Office at the owner’s expense.
Section 4:
passage, approval, and recordation as provided by law.
ADOPTED this
day of April 2010.
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Village Clerk
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Ayes:
Nays:
Absent:
Approved by me this
April 2010.
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office this
day of
April 2010.
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Village Clerk
Page 3 of 3
day of
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JPH: *4/7/10
PC: 2009-37P
10-4-C-
AN ORDINANCE AMENDING CHAPTER 118, SECTIONS 118-5, 118-31,
118-73, 118-82, 118-88, 118-90, 118-141, 118-144, 118-172, 118-175,
118-184, 118-212 AND 118-217 OF THE SKOKIE VILLAGE CODE
PERTAINING TO ZONING DEFINITIONS AND REGULATIONS
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WHEREAS, Chapter 118, Article I, Section 118-5 of the Skokie Village Code
(hereinafter “Code”) provides for definitions of terms utilized throughout Chapter 118 of the
Code (hereinafter “Zoning Chapter”); and
WHEREAS, in 2004 and 2008, the Community Development Department Staff
(hereinafter “Staff”) recommended certain definitions utilized in the Zoning Chapter. These
recommendations were concurred with by the Plan Commission and incorporated into Village
Ordinance Numbers 05-8-C-3375 and 08-11-C-3649 respectively; and
WHEREAS, Staff has continued the process of updating and refining the definitions
utilized in the Zoning Chapter; and
WHEREAS, in Plan Commission case 2009-37P, the remaining definitions not
considered in the two prior cases were considered. The definitions and usage throughout the
Zoning Chapter were reviewed for the following terms: abut, adjacent, family, golf course,
lawful use, nonconforming use, setback and yard; and
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WHEREAS, the Staff submitted the following recommendations to the Plan
Commission for consideration:
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1) Abut – No change is recommended as this time.
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2) Adjacent – The definition was changed to clarify its meaning. Instances where the term
was used properly have not been changed.
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2) Family – The definition has been removed. The term family, as currently defined in the
zoning chapter, is only used in reference to congregate living facilities and residential motor
vehicle garages. The removal of the term family:
(a) will not impact congregate living facilities because the remaining definitions and
regulations throughout the Zoning Chapter regulate the individuals who can reside
there,
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(b) will not impact the residential motor vehicle garage definition because the intent of
the definition being to provide parking for residents of the site, will remain the same,
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(c) will not impact occupancy of residential units, since occupancy regulated under The
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VOSDOCS-#351923-v1-Ordinance__2009-37P__Code_Amendment__Chapter_118__Definitions_&_Regulations
International Property Maintenance Code. Land uses and zoning districts that contain
the word ‘family’ in them were not changed because they do not specifically relate to
individual persons.
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3) Golf Course – The definition was simplified and changed to conform more closely to
other golf course definitions utilized by other municipalities.
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4) Lawful Use – No change is recommended at this time.
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5) Nonconforming building or structure – This term was reviewed and one change is
recommended. A portion of the definition was removed that is unnecessary and already
included in the nonconforming use definition.
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6) Setback – The definition was changed to clarify intent.
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7) Use, nonconforming – The definition was changed to clarify intent and unnecessary
wording was removed.
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8) Yard – The definition was not changed, however several instances where the term is
used improperly where changed; and
WHEREAS, the above revisions will clarify intent or meaning or remove unnecessary
language throughout the Zoning Chapter; and
WHEREAS, the Skokie Plan commission, at a public meeting duly held January 21,
2010, for which proper notice was achieved and no interested parties spoke, concurred in
Staff’s recommendations and voted to recommend to the Mayor and Board of Trustees that
the Chapter 118, Sections 118-5, 118-31, 118-73, 118-82, 118-88, 118-90, 118-141, 118-144,
118-172, 118-175, 118-184, 118-212, and 118-217 of the Skokie Village Code be amended,
as outlined in the Plan Commission Report dated March 1, 2010; and
WHEREAS, in response to an inquiry by the Plan Commission, Staff indicated that the
deletion of the definition of “Family” would have no impact on the requirements of the Fair
Housing program; and
WHEREAS, the Mayor and Board of Trustees at a public meeting duly held on March
1, 2010, concurred in the aforesaid recommendation of the Skokie Plan Commission; and
NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Board of Trustees of the
Village of Skokie, Cook County, Illinois;
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Section 1:
That Chapter 118, Sections 118-5, 118-31, 118-73, 118-82, 118-88,
118-90, 118-141, 118-144, 118-172, 118-175, 118-184, 118-212, and 118-217 of the Skokie
Village Code be and the same are hereby amended in the manner hereinafter indicated. The
new material is highlighted in bold and the material to be deleted is highlighted and stricken
through.
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Chapter 118 ZONING*
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Sec. 118-5. Definitions.
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Adjacent means to lie near or close to, or in the neighborhood or vicinity of.
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Congregate living facility means any living facility or residential unit primarily for
unrelated elderly or disabled persons that does not conform to the definition of family. Paid
professional support staff provided by a sponsoring agency living with the residents on a 24hour basis or available in accordance with the particular needs of the residents may also be
present. A facility shall have common kitchen, dining, and entertainment areas for the
purpose of assisting the residents to return to or to maintain a semi-independent life style. In
addition to providing shelter, services shall include access to but not be limited to meals,
medical, housekeeping, laundry, social, recreational, educational, protective, and
transportation.
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Family means 1 or more persons related by blood, marriage or legal adoption and in
addition thereto may include not more than 2 roomers, boarders or permanent guests; or
not more than 4 persons not so related maintaining a common household in a residential
unit. The claimant shall establish collateral relationship beyond the first degree.
…
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Golf course means a facility that is not artificially lighted for night play other than a
miniature golf course or commercially operated driving range used for the playing of golf.
Additional an area of land, with at least nine holes, improved with tees, greens,
fairways, and hazards for playing golf as well as other related services or amenities
such as swimming, outdoor recreation, related limited retail, and restaurants may be
permitted as part of the special use permit.
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Motor vehicle garage, residential, means an accessory building, or an accessory
portion of the principal building, which is intended for and used for storing the privately
owned motor vehicles, boats and trailers of the families residents upon the premises, and in
which no business, service or industry connected directly or indirectly with motor vehicles,
boats and trailers is operated inside the garage. The only commercial vehicles that may be
stored in a residential motor vehicle garage are trucks with an Illinois "B" license plate
classification or other commercial vehicles with a gross weight of 8,000 pounds or less.
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Nonconforming building or structure means any building or structure lawfully
established that:
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(1)
Ddoes not comply with all the regulations of this chapter, or of any
amendment to this chapter, governing bulk of the zoning district in which such
building or structure is located. ; or
(2)
Which was originally designed or intended for a use that subsequently
becomes a nonconforming use.
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Setback means the horizontal distance between a lot line and building or structure
and another building, structure, property line or other feature.
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Page 3 of 9
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Transit oriented development means a building, or combination of buildings, within
2,000 feet of a commuter rail station, that may contain dwelling units and permitted or
other special uses in a zoning district within 2,000 feet of a commuter rail station, but not
located adjacent to an R1 or R2 district, together in a unified development in which there is
a significant physical and functional integration of the uses. Such development shall not
abut or be across an alley from property zoned R1 or R2.
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Use, nonconforming, means any building or structure and the use thereof or the use
of the land that does not conform with the regulations of this chapter, or any amendments
thereto, governing use of the zoning district in which it is located, but conforming with all the
codes, ordinances and other legal requirements applicable at the time such building or
structure was erected, enlarged or altered and the use of the land was established.
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Use, nonconforming means the use of any building, structure, or land that
does not comply with the regulations of this chapter governing use of the zoning
district in which it is located.
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Sec. 118-31. Powers of Zoning Board of Appeals; variations and exceptions; review
of orders and decisions of Director of Community Development.
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Variations and exceptions. The Zoning Board of Appeals shall hear . . .
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(2)
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(a)
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Exceptions.
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b.
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c.
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An exception may be granted for air conditioning units and condensers
in required yards and within the 10-foot side yard setback
requirement.
An exception may be granted for swimming pools within the 8-foot side
yard setback requirement of Chapter 22, Article VIII [of Volume I of
the Skokie Village Code], but not within the required side yard.
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Sec. 118-73. Accessory buildings, structures and uses.
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(d)
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Rear yard coverage. The total ground area of all accessory buildings permitted in a
rear yard shall not occupy more than 30 percent of the area of the rear yard.
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Sec. 118-82. Motor vehicle gas stations.
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(a)
(11)
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Standard conditions for motor vehicle gas stations. The following standard …
For stations that also operate motor vehicle repair facilities across an alley
from adjacent to or abutting residentially zoned or used property, there shall
be no automobile repair work from 10:00 p.m. to 7:00 a.m. All repair work and
service work shall be performed within the enclosed premises at all times
except the following activities:
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Page 4 of 9
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Sec. 118-88. Congregate living facilities.
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(a)
5.
(ba)
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(cb)
(dc)
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(ed)
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(fe)
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(gf)
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Congregate living facilities are exempt from the definition of "family" in Section 118Congregate living facilities may only be in a residence type otherwise identified as
permitted or special uses in a district.
No residential unit shall be permitted on the first floor in business districts.
The facility shall be a permitted use if the sponsoring agency is eligible for and
obtains State licensing or certification to operate the proposed use and the use is a
permanent residence facility. If the sponsoring agency does not meet this criterion
because there is no State licensing or certification required for the use or the facility
is a temporary residence facility, a special use permit must be obtained in
accordance with Article II of this chapter, and reasonable proof of ability to operate a
reputable group home must be shown.
The facility shall be designated a permanent residence facility if all the residents
intend to live at the facility for 1 year or more. The facility shall be designated a
temporary residence facility if any of the residents intend to live at the facility for less
than 1 year.
Any facility with 6 or more bedrooms in a residential unit, 2 or more residential units
in a building, or 2 or more buildings on a lot or adjacent abutting lots operated by
the sponsoring agency must receive site plan approval in accordance with Article II
of this chapter.
The sponsoring agency must obtain an administrative occupancy permit prior to
establishing a congregate living facility. The following criteria will be used in issuing a
permit:
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(1)
The facility must be located in an area reasonably accessible to
public transportation and, if needed, employment, vocational,
medical, psychiatric, recreational, and other community resources
that might be utilized by the facility's residents. If this provision cannot
be met, the sponsoring agency must ensure that the facility's residents
have access to these services when needed.
(2)
The facility shall not be located within the same block as another
such facility nor closer than 600 feet in R1 and R2 residential
districts nor closer than 300 feet in R3 and R4 residential districts to
another facility as measured from the property line of the lot.
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Sec. 118-90. Adult uses.
Adult uses shall be subject to the following regulations, in addition to any other
requirements stated in this chapter, as may be imposed under the special use provisions of
this chapter, and all other codes and ordinances:
(1)
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a.
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Location restrictions.
No adult use may be located adjacent to or immediately separated by
a street or alley across a right-of-way from or abutting any vacant or
improved property that is residentially zoned or residentially used.
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Page 5 of 9
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Sec. 118-141. Generally.
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(b)
General requirements. General requirements are as follows:
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(5)
Visual screening.
a.
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Visual screening requirements for B1 Service Commercial . . .
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1.
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3.
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When any lot in a business district is across an alley from or
abutting or separated by an alley from any a residentially
zoned property, adequate visual screening shall be provided
along the side and rear lot lines. When a structure is located
not more than 5 feet from a public alley, no screening shall
be required along the alley for the length of the building. Only
the following types of visual screening shall be permitted for the
purpose of this chapter:
Where property is abutting residentially zoned property as
noted in subsection a.1 of this subsection, the height of the
screening located adjacent that is parallel to the required
front yard of the residential lot shall be no more than 30 inches
in height. The height of the remainder of the fence shall be no
lower than 6 feet and no higher than 8 feet.
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(9)
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Public sidewalks and parkways. To promote a pedestrian scale environment,
the following design standards shall apply:
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e.
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All walls facing a street and all portions of walls facing the required
front yard of an abutting or adjacent residential district must contain at
least 1 of the following pedestrian scale features: architectural
variation in depth, windows, spandrels, landscaping, flower planters, or
other architectural features required by the Appearance Commission.
The quantity and extent of these features must be reviewed by the
Community Development Department and approved by the
Appearance Commission.
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Sec. 118-144. B3 Business district.
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Bulk requirements and FAR bonuses. Bulk and floor area ratio requirements
shall be determined in accordance with the following schedule of bulk
requirements and FAR bonuses:
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a.
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(1)
Height above 40 feet and floor area ratio bonuses shall be cumulative
and provided as a matter of right if the conditions for the bonuses are
Page 6 of 9
met. Height and floor area ratio in excess of the base levels, less any
penalties in the form of negative bonuses, or any development with
less than 25 percent of the first-floor area devoted to commercial and
office uses open to the public or public uses shall be subject to site
plan approval in accordance with Article II of this chapter. No building
adjacent that is across an alley from or abuts property zoned to an
R1, R2, or R3 district, except transit oriented developments or planned
developments north of Church Street as allowed by subsection (3)a. of
this section, shall exceed 39 feet.
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d.
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The bonus for a lot facing 2 or more streets shall be awarded when at
least 2 rights-of-way containing different streets are adjacent to abut
a lot.
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Sec. 118-172. M1 Office Assembly Industry district.
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The following requirements shall apply to the M1 Office Assembly Industry district:
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(4)
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Rear yard.
a.
A rear yard is not required. , except that a rear yard of 20 feet is
required when the rear lot line does not abut an alley.
b.
A rear yard of 20 feet is required when no alley is present.
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Sec. 118-175. OR Office Research district.
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(5)
Yards abutting residential districts.
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b.
Within the setbacks yards abutting residentially used property, no
building or structure of any kind is permitted.
c.
On-grade off-street parking is permitted as close as 50 feet away from
to a yard boundary lot line that abuts residentially used property,
provided it is landscaped or screened as provided in Article VI of this
chapter.
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Sec. 118-184. Bulk requirements.
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(b)
Floor area ratio. Floor area ratio requirements shall be determined in accordance
with the schedule and additional provisions below:
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(4)
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The bonus for a lot facing 2 or more streets shall be awarded when at least 2
rights-of-way containing different streets are adjacent to abut a lot.
Page 7 of 9
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Sec. 118-212. Motor vehicle parking facility design standards.
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(a)
Size and clearance.
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(6)
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(k)
For commercial, industrial ,uses and multifamily all uses, except detached,
duplex, and townhouse residences with 3 or more units, required off-street
parking spaces adjacent to abutting walls, fences, or other obstructions
greater than 15 percent of the length of the stall shall have a minimum width
of 10 feet. This regulation shall also apply to outdoor required parking spaces
for townhouse residences.
Lighting.
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(1)
Lighting shall be required for all new commercial and industrial off-street
parking areas. Lighting shall also be required for all residential parking areas
with more than 20 spaces. Residential developments consisting of only
detached residences shall be exempt. Any lighting shall be directed away
from abutting and adjacent property.
(2)
Any lighting shall be directed away from abutting or adjacent
properties, streets, or public rights-of-way.
(23)
The illumination level for all off-street parking areas shall be as follows:
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c.
Lighting shall be directed away from abutting and adjacent property,
streets, or public rights-of-way.
dc.
The type of luminaries, shielding, pole height and the lighting design,
uniformity ratio and the entire lighting scheme shall be subject to the
approval of the Village Traffic Engineer. All lighting units shall be of the
full cutoff type.
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Sec. 118-217. Motor vehicle parking in yards.
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(c)
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Residential districts.
(2)
Detached, duplex, townhouse, and 2-unit multifamily residences.
c.
Required off-street parking in a front or side yard abutting a street shall
only be allowed when the required parking is eliminated as a direct
result of remodeling additions or garage conversions and there is no
other location on the site for the parking. Parking may also be allowed
on a circular driveway, for residences adjacent to residential lots that
abut a traffic arterial, when other required parking cannot be provided.
Under these circumstances:
Page 8 of 9
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Section 2:
passage, approval and publication in pamphlet form as provided by law.
ADOPTED this
day of April 2010.
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Village Clerk
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Ayes:
Nays:
Absent:
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Approved by me this
April 2010.
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Attested and filed in my office this
day of April 2010; and
published in pamphlet form according
to law from April
, 2010
to April
, 2010.
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Village Clerk
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Page 9 of 9
day of
G
st
JPH: 4/7/10 1 Reading
*4/19/10
10-4-Z-
AN ORDINANCE APPROVING A PLAT OF DEDICATION FOR
A PORTION OF THE PROPERTY LOCATED AT 4055 OAKTON
STREET, SKOKIE, ILLINOIS IN A B2 COMMERCIAL DISTRICT
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THE NORTH 7 FEET OF LOTS 19 AND 20 IN KRENN & DATO’S CRAWFORD
AVENUE & OAKTON STREET “L” SUBDIVISION OF THE EAST HALF OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27,
TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN,
RECORDED MARCH 28, 1924 AS DOCUMENT 8338109, IN COOK COUNTY,
ILLINOIS.
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Affected PINS: 10-27-206-001-0000, 10-27-206-002-0000
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more commonly known as the northern 7 feet of 4055 Oakton Street, Skokie, Illinois
(hereinafter the “Subject Property”), in a B2 Commercial district, as depicted on the “Plat of
Dedication”, dated June 23, 2009, and subsequently revised July 27, 2009, a copy of which
is attached hereto as Exhibit “1”, is dedicating the Subject Property to the Village of Skokie;
and
WHEREAS, the Subject Property abuts the Oakton Street public right of way and
includes an existing public sidewalk and parkway, both of which have been in use by the
public for many years. The purpose of the dedication is to allow the continued use and
maintenance of the Subject Property as public right of way; and
WHEREAS, the Subject Property is a 7 foot strip, 56.08 feet in length. This
dedication is being made without compensation to the property owner from the Village of
Skokie; and
WHEREAS, the Community Development Director reviewed the “Plat of Dedication”
dated June 23, 2009, subsequently revised July 27, 2009, and has determined that the
dedication meets all Village requirements and has recommended its acceptance, as
indicated in his memorandum dated March 2, 2010; and
WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on April
19, 2010 concurred in the aforesaid recommendation of the Director of Community
Development:
Page 1 of 2
VOSDOCS-#351805-v1-Ordinance__Plat_of_Dedication__4055_Oakton
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Section 1:
stated in full.
That the above stated Recitals are restated and incorporated as if
Section 2: That the dedication of the Subject Property, legally described above
and commonly known as the northern 7 feet of 4055 Oakton Street, Skokie, Illinois, in a B2
Commercial district as depicted on the “Plat of Dedication”, dated June 23, 2009, and
subsequently revised July 27, 2009, to the Village of Skokie, be and the same is hereby
approved.
Section 3: The Subject Property abuts the Oakton Street public right of way and
the purpose of the dedication is to allow its continued use and maintenance of the sidewalk
and parkway as a public right of way.
Section 4: That the “Plat of Dedication”, dated June 23, 2009, and subsequently
revised July 27, 2009, attached as “Exhibit 1”, is hereby accepted, except as it may be
revised subject to the approval of the Corporation Counsel and the Village Manager or
designee. The Plat shall be recorded with the Cook County Recorder of Deeds Office.
duly recorded with the Cook County Recorder of Deeds Office.
ADOPTED this
day of April 2010.
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Ayes:
Nays:
Absent:
Village Clerk
Approved by me this
day of April 2010.
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Attested and filed in my office
this
day of April, 2010.
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Village Clerk
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Page 2 of 2
VOSDOCS-#351805-v1-Ordinance__Plat_of_Dedication__4055_Oakton
Exhibit 1
PLAN COMMISSION REPORT
2010-1P: Special Use Permit
Plan Commission
Council Chambers, 8:00 PM, April 7, 2010
To:
Mayor and Board of Trustees
From:
Paul Luke, Plan Commission Chairperson
Case:
Northwestern Institute of Health and Technology
Technical and Trade School
PLAN COMMISSION ANALYSIS
During its March 4, 2010 meeting, the Plan Commission heard the request of Oakton
Corporate Center LP, on behalf of Northwestern Institute of Health and Technology, to
obtain a special use permit for a technical and trade school at 3432 Oakton Street,
which is part of the former Rauland-Borg building, in an M3 Industry district. Like many
other larger buildings in the East and Southeast Industrial Areas, the property is being
divided into multitenant space. No relief is being requested by the petitioner and none
was determined to be needed.
The proposed school will occupy approximately 32,000 ft2 of renovated office space that
will be made fully code compliant for a technical school that includes practical nursing,
patient care technician, and other allied health care programs such as nurse aide, EKG
technician, medical billing and coding, pharmacy technician, and phlebotomy technician.
The proposed use will occupy most of the office portion of the southern portion of the
building.
The use will provide employment training for approximately 90 adults in various medical
professions and will anchor a building that is currently converting to multitenant usage.
Multitenant conversion has been successful for many other buildings in the area and
reduces overall vacancy rates. Due to the high rates of public transit usage of the
school’s population, traffic conditions will not be aggravated and there will be no undue
burden on public utilities and those services pertaining to public health, safety, and
welfare in general.
The use is compatible with the primary purpose of the district and has no impact on the
special uses of all types already in the adjacent area and in the Village as a whole. The
site is designated as manufacturing/service employment in Sector E and conforms to
the general intent of the Comprehensive Plan.
INTERESTED PARTIES
Legal notice was properly posted, advertised, and delivered as prescribed by the Zoning
Ordinance. One interested party spoke at the hearing with a question about a for sale
sign on the property advertising a one acre parcel of land. Staff indicated that the use
and parking for that site would be evaluated prior to the issuance of a building permit.
VOSDOCS-#352201-v1-Master_Plan_Commission_Report_for_2010-1P__Special_use_permit_for_a_technical_and_trade_schoo
1 of 12
APPEARANCE COMMISSION
The Appearance Commission has not reviewed this case as no sign plan has been
submitted at this time. The final landscaping plan will be approved by Staff prior to the
approval of the final ordinance.
PLAN COMMISSION RECOMMENDATIONS AND VOTING
The Plan Commission recommends, by a vote of 8 ayes and 0 nays, with one member
absent, that the petitioner’s request for special use permit for a technical and trade
school at 3432 Oakton Street in an M3 Industry district be APPROVED subject to the
attached Positive Findings of Fact and Plan Commission Recommended Conditions
listed below.
ATTACHMENTS
1.
2.
3.
4.
5.
6.
Plan Commission Recommended Conditions for 2010-1P, dated April 7, 2010
Plan Commission Positive Findings of Fact for 2010-1P, dated April 7, 2010
Staff Report for 2010-1P, dated March 4, 2010
Landscape/Site Plan dated February 2, 2010
Floor Plan, dated March 24, 2010
Land Use and Zoning Map
2 of 12
PLAN COMMISSION
RECOMMENDED CONDITIONS
2010-1P: Site Plan Approval
Plan Commission
Council Chambers, 8:00 PM April 7, 2010
1. The petitioner shall develop the Subject Property in substantial conformance with the
final Village approved Landscape/Site Plan dated February 2, 2010 and Floor Plan
dated March 24, 2010.
2. Prior to the issuance or a Building Permit, the Fire Prevention Bureau must review
and approve the revised and dated floor plans, to address the concerns indicated in
the Fire Department memorandum dated February 16, 2010 and a written response
to that memorandum.
3. The fire prevention and detection systems shall be upgraded to meet current
standards and codes.
4. Sprinkler system control valves, water flow, and tamper switches shall be provided
for each tenant space in the building.
5. The handicapped parking spaces shall be installed and maintained in compliance with
State of Illinois Accessibility Standards and the Skokie Village Code. All handicapped
parking spaces shall be maintained by the petitioner.
STANDARD SPECIAL USE PERMIT CONDITIONS
6. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage,
landscaping, structures, and any other facilities or infrastructure on the Subject
Property shall be maintained in a good state of repair, and when needed, be
repaired or replaced in a timely manner.
7. All off-street parking spaces shall be legibly striped and maintained.
8. All modifications to building elevations, signage, and landscaping shall be subject to
the review and approval of the Skokie Appearance Commission.
9. All signage shall conform to the Skokie Village Code. Any sign on the Subject
Property that is in violation of that Code must be removed or modified to conform
therewith prior to the issuance of an occupancy permit.
10. Handicapped ramps are to be provided as necessary and meet State of Illinois
Accessibility requirements and the Skokie Village Code.
11. Vehicles shall always be parked in designated parking spaces, and not overlap the
striped lines of designated parking spaces or parked in or otherwise block
driveways, sidewalks, aisles, or other points of access. All employees shall park on
the Subject Property.
12. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other
objects that may impede travel.
13. 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.
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14. 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 and watering, 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. All dead landscaping shall be replaced in a timely manner.
15. All buildings shall meet current International Building and NFPA Life Safety Codes
as amended.
16. The petitioner shall submit to the Planning Division electronic files of the plat of
survey, site plan, and landscape plan in their approved and finalized form. The files
shall be scaled CADD 2D drawing files on non-compressed, non-read only CD-ROM
.dwg AutoCad format (version 2004 or later preferred).
17. 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.
18. 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.
19. The petitioner shall comply with all Federal and State statutes, laws, rules and
regulations and all Village codes, ordinances, rules, and regulations.
20. 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.
21. 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.
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PLAN COMMISSION
POSITIVE FINDINGS OF FACT
Community Development Department
1
Consideration The establishment, maintenance, or operation of the special use will
not be detrimental to or endanger the public 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
2
The proposed use will not be detrimental to the public health,
safety, morals, or general welfare. The use will provide direct
employment training that will benefit other employment uses in the
Village.
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
3
Council Chambers, 8:00 PM, April 7, 2010
The proposed use will not substantially change the character of the
neighborhood, which includes many other service employment uses
in the area, and will not have an undue adverse impact on property
values in the area. The use will anchor a building that is currently
converting to multitenant usage, which has been successful for
many other buildings in the area and reduces overall vacancy rates.
Due to the high rates of public transit usage of the school’s
population, traffic conditions will not be aggravated and there will be
no undue burden on public utilities and those services pertaining to
public health, safety, and welfare in general.
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
No modifications are proposed by the petitioner to the existing site
conditions. Staff will require that the landscaping along Oakton
Street and St. Louis Avenue, bicycle parking, and building life safety
issues come into compliance with current codes.
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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 use is compatible with the primary purpose of the district and
has no impact on the special uses of all types already in the
adjacent area and in the Village as a whole.
5
Consideration The proposed use and its plan conform to the general intent of the
Official Comprehensive Plan.
Findings
The site is designated as manufacturing/service employment in
Sector E and conforms to the general intent of the Comprehensive
Plan.
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STAFF REPORT
Community Development Department
Council Chambers, 7:30 PM, March 4, 2010
To:
Paul Luke, Plan Commission Chairperson
From:
Steve Marciani, AICP, Planning Supervisor
Case:
Northwestern Institute of Health and Technology
Technical and Trade School
General Information
Location
3432 Oakton Street
Purpose
To obtain a special use permit for a technical and trade school
Petitioner
Oakton Corporate Center LP for Northwestern Institute of
Health and Technology
Size of Site
413,968 ft2 (9.50 acres) with approximately 520 feet of frontage
on Oakton Street and 777 feet of frontage on St. Louis Avenue.
Existing Zoning &
Land Use
M3 Industry – mostly vacant office, manufacturing, and
warehouse building with only one other tenant, a moving
company.
Adjacent Zoning &
Land Use
North
M3 Industry – Multitenant industrial flex-space
South M3 Industry – Skokie Park District Sports Park
East
M3 Industry – Evanston Subaru
West
M3 Industry – State of Illinois social services offices,
warehousing
Comprehensive Plan The site is designated Manufacturing/Service Employment.
SITE INFORMATION
•
The site contains a mostly vacant office, manufacturing, and warehouse building
with only one other tenant, a moving company, EZ Movers.
•
New public sidewalks, bus shelter, and street lighting were installed by the
Village in 2008 along Oakton Street. Road reconstruction, new sidewalks, and
street lighting were installed by the Village in 2008 along St. Louis Avenue. Both
projects were funded through Special Service Area #9.
•
There is 1 driveway curb cut on Oakton and 6 driveway curb cuts on St. Louis.
•
No on-street parking is allowed on Oakton or St. Louis.
•
The primary entrance for the proposed use will be on the south side of the
building, facing one full bay of parking running along the south property line.
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•
Overhead utility lines service the site from the St. Louis side of the building.
•
The #97 CTA bus route operates on Oakton with a sheltered bus stop at St.
Louis, adjacent to the site.
•
Parkway trees and trees with some underplanting border the south parking lot.
Inadequate parking lot screening exists. Building landscaping is adequate for the
Oakton side of the building. The condition of the St. Louis landscaping was not
able to be assessed due to the season and the weather, but there is well
maintained lawn, mature ornamental understory trees, and foundation planting.
The landscaping screening of the utility area on the St. Louis frontage is
substandard. Required parking lot trees are not present in the east parking area.
PETITIONER’S SUBMITTAL
Oakton Corporate Center LP is requesting a special use permit for a technical and trade
school, Northwestern Institute of Health and Technology, at 3432 Oakton Street
(currently part of 3450 Oakton Street) in an M3 Industry district.
The special use permit is for an interior renovation of approximately 32,000 ft2 of
existing office space that will be made fully code compliant for a technical school that
includes Practical Nursing, patient care technician, and other allied health care
programs such as nurse aide, EKG technician, medical billing and coding, pharmacy
technician, and phlebotomy technician. The petitioner feels that as the new use is an
interior renovation, it should have no negative impacts on the neighborhood, should
enhance property values, have no adverse impact on traffic patterns because the
majority of the students use public transportation, meets all parking requirements, and
will not result in any hazard to the public health, safety, or welfare of the community.
The proposed use will occupy most of the office portion of the southern portion of the
building.
STAFF ANALYSIS
Staff Comment and Review sheets were sent by the Planning Division to all pertinent
departments. Staff comments on the subject case were received from the Fire
Department, Engineering Division, and the Public Works Forester. All other
departments returned the sheets with no comments.
Fire Department
Fire Department submitted a memo dated February 16, 2010 that is attached for your
review. Some items of clarification are needed regarding specifics to the floor plan.
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Engineering Division
The Engineering Division completed a parking analysis of the proposed use. A parking
analysis for the entire building was not able to be prepared. The off-street parking
requirement for the proposed use is 92 parking spaces. There are 375 parking spaces
on site; however, 91 parking spaces have been fenced-off for another tenant, EZ
Movers, and cannot be included in the parking analysis.
The parking layout on the site plan and the parking on the plat of survey differ. Future
certificates of occupancy will be subject to the reconciliation of these two documents
and the provision of adequate off-street parking. At this time the parking off-street
requirement is met.
No bicycle parking is presently provided and must be provided in according with the
zoning chapter of the Village code.
Only 2 of the property’s 7 handicapped spaces are currently included in the Village of
Skokie’s Handicapped Parking Space Maintenance Program. Signage for 5 of the 7
handicapped spaces is not in compliance with the Illinois Accessibility Standards.
Engineering recommends that the petitioner be removed from the Handicapped Parking
Space Maintenance Program and maintain the signage for all required handicapped
spaces to current state standards for signage and space dimensions.
Due to the lack of plowing at the time of inspection, the condition of the parking lot could
not be verified.
Village Forester
The Village Forester commented that the parkways are in good condition, but the small
screened-in area along St. Louis Avenue needs additional planting and screening.
Planning Division
Planning supports the petitioner’s request for a special use permit, which will provide
employment training for approximately 90 adults in various medical professions.
Upgrades will need to be made to parking lot screening. Bicycle parking will need to be
installed, which is supported by the petitioner’s statement that most of the students will
not be taking cars to the facility.
The proposed use will not be detrimental to the public health, safety, morals, or general
welfare. The use will provide direct employment training that will benefit other
employment uses in the Village.
It will not substantially change the character of the neighborhood, which includes many
other service employment uses in the area, and will not have an undue adverse impact
on property values in the area.
The use will anchor a building that is currently converting to multitenant usage.
Multitenant conversion has been successful for many other buildings in the area and
reduces overall vacancy rates. Due to the high rates of public transit usage of the
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school’s population, traffic conditions will not be aggravated and there will be no undue
burden on public utilities and those services pertaining to public health, safety, and
welfare in general.
No modifications are proposed by the petitioner to the existing site conditions. Staff will
require that the landscaping along Oakton and St. Louis, bicycle parking, and building
life safety issues come into compliance with current codes.
The use is compatible with the primary purpose of the district and has no impact on the
special uses of all types already in the adjacent area and in the Village as a whole. The
site is designated as manufacturing/service employment in Sector E and conforms to
the general intent of the Comprehensive Plan.
APPEARANCE COMMISSION
The Appearance Commission has not reviewed this case. No sign plan has been
submitted at this time. The final landscaping plan has yet to be reviewed.
STAFF RECOMMENDATIONS
Staff recommends that the petitioner’s request for a special use permit for a technical
and trade school at 3432 Oakton Street in an M3 Industry district be APPROVED
subject to the recommended special use provisions below.
RECOMMENDED SPECIAL USE CONDITIONS
1. Prior to a hearing before the Village Board of Trustees, the petitioner shall submit a
revised and dated site plan indicating the following:
A. The correct number of parking spaces on site with dimensions of parking spaces
and aisle widths.
B. The location of bicycle parking for the building in accordance with §118-221 and
§118-221 of the Zoning chapter of the Village Code.
2. Prior to a hearing before the Village Board of Trustees, the petitioner shall submit to
the Fire Prevention Bureau revised and dated floor plans, properly scaled with
rooms labeled as to use and corrected to address the concerns indicated in the Fire
Department memorandum dated February 16, 2010 and a written response to that
memorandum.
3. Prior to a hearing before the Village Board of Trustees, the petitioner shall submit a
landscaping plan that include an inventory of landscaping and additional landscaping
that provides adequate screening of the parking lots that face Oakton Street and the
utility area that faces St. Louis Avenue including quantities, scientific names, and
specific locations of plant materials.
4. The fire prevention and detection systems shall be upgraded to meet current
standards and codes.
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5. Sprinkler system control valves, water flow, and tamper switches shall be provided
for each tenant space in the building.
6. The handicapped parking spaces shall be installed and maintained in compliance with
State of Illinois Accessibility Standards and the Skokie Village Code. All handicapped
parking spaces shall be maintained by the petitioner.
STANDARD SPECIAL USE PERMIT CONDITIONS
7. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage,
repaired or replaced in a timely manner. (Standard)
8. All off-street parking spaces shall be legibly striped and maintained. (Standard)
9. All modifications to building elevations, signage, and landscaping shall be subject to
the review and approval of the Skokie Appearance Commission. (Standard)
therewith prior to the issuance of an occupancy permit. (Standard)
Accessibility requirements and the Skokie Village Code. (Standard)
driveways, sidewalks, aisles, or other points of access. All employees shall park on
the Subject Property. (Standard)
13. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other
objects that may impede travel. (Standard)
14. 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)
completed and maintained, including trimming and watering, 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. All dead landscaping shall be replaced in a timely manner. (Standard)
16. All buildings shall meet current International Building and NFPA Life Safety Codes
as amended. (Standard)
survey, site plan, and landscape plan 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 (version 2004 or later preferred). (Standard)
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18. 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)
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)
regulations and all Village codes, ordinances, rules, and regulations. (Standard)
21. 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. (Standard)
required researching and conducting said hearing. (Standard)
ATTACHMENTS
1.
2.
3.
4.
5.
6.
7.
Proposed Positive Findings of Fact for 2010-1P
Memorandum from Prevention Bureau, dated February 16, 2010
Site Plan, dated January 22, 2010
Proposed Use Plan, dated January 22, 2010
Plat of Survey, dated January 2, 1997
As Built Landscape Plan, dated January 22, 2010
Land Use and Zoning Map
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Memorandum
TO:
Honorable Mayor and Board of Trustees
FROM:
Paul Luke, Chairman
Skokie Plan Commission
DATE:
March 22, 2010
SUBJECT:
CASE 91-22P– A REQUEST BY CHICAGO TITLE LAND TRUST,
AS TRUSTEE UNDER THE PROVISIONS OF A TRUST
AGREEMENT DATED THE 8TH DAY OF SEPTEMBER 2009,
KNOWN AS TRUST NUMBER 8002353710 FOR AN
AMENDMENT TO SPECIAL USE PERMIT ORDINANCES #91-12Z-2256 THROUGH THE MODIFIED REVIEW PROCEDURE FOR
SUBWAY LIMITED SERVICE RESTAURANT LOCATED AT
4025 OAKTON STREET IN A B3 BUSINESS DISTRICT
The Community Development Department received a request from the petitioner, to
amend special use permit approval ordinance #91-12-Z-2256 through the modified
review procedure. The property owner on behalf of the Subway limited service
restaurant is requesting a modification to the special use ordinance to serve soup and
extend the hours of business operation.
The subject Subway restaurant was the first of the national restaurant chain in Skokie.
There are currently five Subway restaurants in the Village. When the use was approved
the operating pattern of the restaurant was unknown so conditions were added to the
special use ordinance restricting the hours of operation and menu. Condition #4 restricts
the hours of operation to 11 AM to 12 midnight on Sunday thru Thursday and 11 AM to
2 AM Friday and Saturday. Condition #9 limited the menu to sandwiches, salads, chips,
soft-drinks and cookies. Since the ordinance was passed, this Subway restaurant as well
as others in the franchise has expanded their hours of service and menu options. The
petitioner is requesting that the hours of operation begin at 8 AM and that the menu items
be expanded to include warm soup.
The Appearance Commission review was not required.
The plans were circulated to all pertinent Departments and Divisions for review and
comment. No Department or Division had any comments on the proposed modifications.
Site inspections revealed that landscaping is not in compliance with the approved site
plan dated August 8, 1991 and that a new site plan must be submitted for approval and
implementation. The parking space striping at the site must be modified to be in
compliance with the site plan dated August 8, 1991.
#350111
The Corporation Counsel, Plan Commission Chairman, and Community Development
Director reviewed the request. They determined that the proposed modifications are in
substantial compliance with the intent of the original special use permit ordinances and
the approved plans. However, as the hours of operation and menu at other Subway
restaurants in the Village are not restricted it is recommend that both conditions be
eliminated rather than amended. As restaurants are constantly changing their menus staff
cannot monitor menu items. The change in the hours of operation will not adversely
affect neighboring properties.
The standard conditions for special use permits and limited service restaurants have
change significantly since the subject restaurant’s special use ordinance was adopted;
thus, it is recommended that the existing ordinance be repealed and that a new ordinance
be adopted with updated conditions.
It is respectfully recommended that special use permit approval ordinance V.O. #91-12Z-2256 be repealed and that a new ordinance be adopted with the attached recommended
conditions. It is further recommend that relief be maintained from Section 118-218 (4) of
the Zoning Chapter to allow 4 off-street parking spaces rather than the required 11 offstreet parking spaces for the limited service restaurant.
Attachments
1.
2.
3.
4.
cc:
#350111
Recommended conditions for Case 91-22P
Site and Landscape Plan Received August 8, 1991
Letter from Subway dated November 6, 2009
Zoning and Location Map 91-22P
J. Patrick Hanley, Corporation Counsel
Peter W. Peyer, Community Development Director
RECOMMENDED CONDITIONS FOR CASE 91-22P
1. That the subject Subway Sandwich limited service restaurant shall be maintained
and operated in compliance with the Site Plan Received 8/8/91. Prior to the
approval of the special use ordinance the petitioner shall submit a revised
Landscape Plan for staff review and approval.
2. At least once during every 4 hours of operation and before opening and closing of
the business, Subway’s employees shall patrol the Subject Property and clear it of
debris;
3. That the recommended relief for off-street parking, from the limited service
restaurant requirement, shall apply only to a Subway limited service restaurant.
This tenant space shall revert back to a one (1) space per 300 sq. ft. parking
requirement, if there is a change in use.
4. All walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage,
repaired or replaced in a timely manner. (Standard)
5. Parking lot and exterior lighting shall meet IES standards, be full cut-off design,
directed away from adjacent properties, and subject to the approval of the
Engineering Division. (Standard)
6. Music and sound from loudspeaker systems shall not be a nuisance in accordance
with Village Code. (Standard)
7. All off-street parking spaces shall be legibly striped and maintained. (Standard)
8. All modifications to building elevations, signage, and landscaping shall be subject
to the review and approval of the Skokie Appearance Commission. (Standard)
therewith prior to the issuance of an occupancy permit. (Standard)
Accessibility requirements and the Skokie Village Code. (Standard)
11. The handicapped parking spaces shall be installed and maintained in compliance
with State of Illinois Accessibility Standards and the Skokie Village Code. (Standard)
driveways, sidewalks, aisles, or other points of access. All employees shall park
on the Subject Property. (Standard)
13. All private and public sidewalks shall be maintained free of snow, ice, sleet, or
other objects that may impede travel. (Standard)
14. 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)
#350111
completed and maintained, including trimming and watering, 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. All dead landscaping shall be replaced in a timely manner.
(Standard)
16. All building modifications shall meet current International Building and NFPA
Life Safety Codes as amended. (Standard)
survey, site plan, and landscape plan in their approved and finalized form. (Standard)
18. 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)
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)
regulations and all Village codes, ordinances, rules, and regulations. (Standard)
21. 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. (Standard)
required researching and conducting said hearing. (Standard)
#350111

April 7, 2010 - E

Transcription

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