Board of Trustees — Skokie, IL
Date: 2019-09-03

TUESDAY, SEPTEMBER 3, 2019 – 8:00 P.M.

 1. Pledge of Allegiance led by Cub Scout Pack #85 from Middleton School.

 2. Call meeting to order and roll call.

 3. Approve Consent Agenda.

* 4. Approve, as submitted, minutes of regular meeting held Monday, August 19, 2019.

* 5. Approve Voucher List #8-FY20 of September 3, 2019.

 6. Proclamations and Resolutions.

 7. Recognition, Awards and Honorary Presentations.

 8. Appointments, Reappointments and Resignations.

 9. Presentations and Reports.

 10. Report of the Village Manager.
 A. Proposed Oakton Street/Niles Avenue TIF and Downtown Science & Technology
 TIF Amendment Ordinances.
 B. Intergovernmental Agreement with School District 69 Concerning Implementation of
 Oakton Street/Niles Avenue Redevelopment Area.
 C. Resolution and Lease of Central Park Avenue.
 D. Oakton Terrace/Lamon Avenue Engineering Agreement.
 E. Proposed Oakton Street Multi-Use Path Intergovernmental Agreement with the
 Villages of Morton Grove and Niles for Phase I and II Engineering.

 11. Report of the Corporation Counsel.
 CONSENT
 *A. Ordinance, 2019-18P, Granting Site Plan Approval for a Planned Development, 7401
 Lincoln Avenue.
 FIRST READING
 B. Ordinance, Code Amendment, Chapter 11, Cannabis Licensing.
 C. Ordinance, Code Amendment, Chapter 98, Municipal Cannabis Retailers’ Occupation
 Tax.

 12. Unfinished Business.

 13. New Business.

 14. Plan Commission.
 A. Plan Commission Case 2019-22P – Zoning Chapter Amendment: Cannabis
 Dispensing Organization.
 B. Plan Commision Case 2019-24P - Zoning Map Amendment: 8833 Gross Point Road
 and 8820 LeClaire Avenue.
 C. Plan Commission Case 2019-25P - Subdivision: 8833 Gross Point Road and 8820
 LeClaire Avenue.

 15. Citizen Comments.

 16. Adjournment.




559058-v1
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CONSENT:

*A. An ordinance granting site plan approval for the establishment of a planned
 development at 7401 Lincoln Avenue, Skokie, Illinois, in an R2 Single-Family district
 (2019-18P). This item is on the consent agenda for second reading and adoption.

FIRST READING:

B. An ordinance amending the Skokie Village Code by adding Chapter 11 pertaining to
 cannabis retail sales licensing. This item is on the agenda for first reading and will be
 on the September 16, 2019 agenda for second reading and adoption.

C. An ordinance amending Chapter 98 of the Skokie Village Code by adding Article XVI
 pertaining to Municipal Cannabis Retailers’ Occupation Tax. This item is on the
 agenda for first reading and will be on the September 16, 2019 agenda for second
 reading and adoption.




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558685v1 9/3/19 Corporation Counsel's Agenda
 A
 MML: *9/3/19
 PC: 2019-18P
 SPA: 572.01
 THIS ORDINANCE MAY BE CITED AS
 VILLAGE ORDINANCE NUMBER
 19-9-Z-


 AN ORDINANCE GRANTING SITE PLAN APPROVAL FOR
 THE ESTABLISHMENT OF A PLANNED DEVELOPMENT AT
 7401 LINCOLN AVENUE, SKOKIE, ILLINOIS, IN AN
 R2 SINGLE-FAMILY DISTRICT

1 WHEREAS, the owner of the following described real property:

2 LOT 13 IN V.F.W. POST NO. 3854 SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF
3 SECTION 27, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
4 COOK COUNTY, ILLINOIS.
5 PIN: 10-27-300-034-0000
6 more commonly described as 7401 Lincoln Avenue, Skokie, Illinois (hereinafter “Subject
7 Property”), petitioned the Village of Skokie for site plan approval to establish a planned
8 development in an R2 Single-Family district, in order to operate a religious assembly use on a
9 site that is less than the required one-acre minimum lot size; and

10 WHEREAS, the Mosque will include an educational facility with about 30 people
11 attending weekday classes. There will also be multiple daily prayer services with most
12 weekdays having an attendance of approximately 30 people. Friday attendance is expected to
13 have a maximum of 100 people, with weekend attendance for prayer services is expected to be
14 50 people; and

15 WHEREAS, as the existing building was the VFW Hall and equipped for a larger amount
16 of people, only minor modifications to the building will be made, including adding an accessibility
17 ramp and rehabbing the retaining wall and sunken deck. Interior modifications include
18 reconfiguration of the bathrooms and installation of an elevator to utilize the basement; and

19 WHEREAS, in related Plan Commission Case 2019-17P, the Plan Commission made a
20 parking determination of 48 required parking spaces, which has been met. This was based
21 upon the limitation of 120 prayer mats to be utilized for services and the maximum capacity of
22 192 people; and

23 WHEREAS, the Skokie Plan Commission, at a public hearing duly held on July 11, 2019,
24 after having determined that proper legal notice had been achieved, heard testimony from staff
25 and several interested parties who are neighbors to the surrounding Subject Property. Several
26 Commissioners inquired regarding parking, snow removal, and landscaping issues; and

27 WHEREAS, after hearing all testimony, the Plan Commission went on to: (i) make the
28 appropriate findings of fact in the affirmative, as required under Section 118-6(g) of the Skokie
29 Village Code, and (ii) voted to recommend to the Mayor and Board of Trustees that the



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1 requested site plan approval be granted subject to the conditions contained in the Plan
2 Commission Report dated August 5, 2019; and

3 WHEREAS, subsequent to the Plan Commission Hearing, the Corporation Counsel
4 during a normal course of review of the case, determined that the four (4) additional conditions
5 recommended by the Plan Commission, were not consistent with past practices utilized for the
6 same use and recommended that the Mayor and Board of Trustees not consider those
7 conditions, only the recommended conditions in the staff report dated July 11, 2019; and

8 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on August 5,
9 2019, voted to concur in the aforesaid recommendations and findings of fact Skokie Plan
10 Commission except for the additional four (4) conditions put forth by the Plan Commission;

11 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the
12 Village of Skokie, Cook County, Illinois:

13 Section 1: That the site plan approval requested by the petitioner to establish a
14 planned development at the property legally described above and commonly known as 7401
15 Lincoln Avenue, Skokie, Illinois, in an R2 Single-Family district, is hereby granted and approved
16 subject to each of the conditions set forth below:
17 1. The petitioner shall develop the Subject Property in substantial conformance
18 with the final Village approved site plan dated July 25, 2019, floor plans dated
19 April 9, 2019, and landscape plans dated July 28. 2019;
20 2. No more than 120 prayer mats are permitted during religious services;
21 3. No more than 192 people are permitted on-site at any given time;
22 4. If parking lot or other impermeable surface changes are proposed, prior to the
23 issuance of building permits, the petitioner shall submit for approval a lighting
24 photometrics plan, fully developed civil engineering plans that comply with the
25 county WMO requirements and Village’s stormwater control provisions, and
26 redevelopment engineering plans to address all aspects of private and public
27 utility services. Any reconfigurations within state ROW will require an IDOT
28 highway/utility permit;
29 5. New parking lot and exterior lighting shall meet Illuminating Engineering Society
30 of North America (IES) standards, be full cut-off design, and be directed away
31 from adjacent properties, subject to the approval of the Engineering Division;
32 6. All existing damaged public sidewalks or public sidewalks damaged due to the
33 implementation of this plan shall be replaced;
34 7. No objects are allowed within a 10' sight distance triangle in R1, R2, R3, and
35 R4 districts between 30" and 84" in height from grade except traffic control
36 devices listed in the Manual on Uniform Traffic Control Devices;
37 8. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas,
38 signage, landscaping, structures, and any other facilities or infrastructure on the
39 Subject Property shall be maintained in a good state of repair, and when
40 needed, be repaired or replaced in a timely manner;
41 9. All private and public sidewalks shall be maintained free of snow, ice, sleet, or


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1 other objects that may impede travel;
2 10. All off-street parking spaces shall be legibly striped and maintained;
3 11. Any plan to modify parking lot striping must be approved by the Director of
4 Engineering;
5 12. The handicapped parking spaces shall be installed and maintained in compliance
6 with State of Illinois Accessibility Standards and the Skokie Village Code, including
7 required signage;
8 13. Vehicles shall not be allowed to be parked in or otherwise block common
9 driveways, sidewalks, aisles, or other points of access at any time, shall only be
10 parked in designated parking spaces, and shall not overlap the striped lines of
11 designated parking spaces;
12 14. The petitioner shall sign an "Agreement for Installation and Maintenance of
13 Landscaping" to assure that the Subject Property and parkway landscaping is
14 completed and maintained, including trimming, watering, and replacing of dead
15 plant materials in a timely manner in accordance with the final approved
16 landscape plan. A copy of said Agreement is attached hereto, marked Exhibit
17 “A” and hereby made part of this Ordinance. This “Agreement for Installation
18 and Maintenance of Landscaping" shall be recorded at the petitioner’s expense;
19 15. All new construction, alterations, and remodeling shall meet current
20 International Building and NFPA Life Safety Codes as amended;
21 16. The petitioner shall obtain all required permits and approvals for improvements
22 to County, State, or Federal rights-of-way from the governing jurisdiction;
23 17. Site modifications must conform to the Village's storm water control requirements
24 as contained in the Skokie Village Code, including the disconnection of any
25 downspouts;
26 18. All signage shall conform to the Skokie Village Code, except as provided in this
27 ordinance. Any sign on the Subject Property that is in violation of that Code
28 must be removed or modified to conform with the Village Code prior to the
29 issuance of an occupancy permit;
30 19. All modifications to building elevations, signage, and landscaping shall be
31 subject to the review and approval of the Skokie Appearance Commission;
32 20. The petitioner shall submit to the Planning Division electronic files of the site
33 plan and landscape plan in their approved and finalized form;
34 21. Prior to the issuance of building permits, the petitioner shall submit to the
35 Planning Division of the Community Development Department the name,
36 property address, email address, and telephone number of the company and
37 contact person responsible for site maintenance in compliance with this site
38 plan approval;
39 22. If work is to be performed on public property or if public property is utilized or
40 impacted during construction and/or development, the owner shall provide, or
41 shall cause the developer and/or contractor to provide, the Village of Skokie
42 with a certificate of insurance naming the Village of Skokie as additionally
43 insured for any and all claims related to any and all work. The owner shall hold,


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1 and shall cause the developer and/or contractor to hold, the Village of Skokie
2 harmless and indemnify the Village for any and all claims for property damage
3 or personal injury related to work on or use of public property;
4 23. The petitioner shall comply with all Federal and State statutes, laws, rules and
5 regulations and all Village codes, ordinances, rules, and regulations;
6 24. Failure to abide by any and all terms of this Ordinance shall be cause for the
7 Village to initiate hearings to determine whether the subject Ordinance, as well
8 as any applicable business licenses, should be revised or revoked. The
9 petitioner shall pay all costs related to any hearings conducted as a result of
10 non-compliance with any of the provisions of the enabling ordinance. The costs
11 shall include but not be limited to court reporter fees, attorney fees, and staff
12 time required researching and conducting said hearing;
13 25. An increase in the 120-prayer rug capacity shall require an amendment to the
14 parking determination and site plan approval through a Modified Review
15 process through the Village Board; and
16 26. Any change in user to another religious group shall require an application for a
17 new parking determination and site plan approval, including the full public
18 hearing process.

19 Section 2: That a notice of the approval of this Ordinance incorporating the
20 conditions contained herein shall be executed by the owner of the property in writing and duly
21 recorded with the Cook County Recorder of Deeds Office at the owner’s expense.

22 Section 3: That this Ordinance shall be in full force and effect from and after its
23 passage, approval, and recordation as provided by law.
 ADOPTED this day of September, 2019.

 Village Clerk
 Ayes:
 Nays:
 Absent:
 Approved by me this day of
 Attested and filed in my September, 2019.
 office this day of
 September, 2019.

 Mayor, Village of Skokie

 Village Clerk




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 VOSDOCS-#559015-v1-Ordinance__2019-18P__Site_Plan_Approval__Planned_Development__7401_Lincoln
AGREEMENT FOR Exhibit A
INSTALLATION AND
MAINTENANCE OF
LANDSCAPING

Plan Commission Case
2019-18P




 This Agreement is entered into this day of 2019 by and
between MADINAT-UL-ULOOM INC., hereinafter referred to as "PROPERTY OWNER", and the
VILLAGE OF SKOKIE, an Illinois municipal corporation, hereinafter referred to as "VILLAGE".
The parties to this Agreement hereby agree as follows:

PROPERTY OWNER is the owner of real property located in the Village of Skokie,
LOT 13 IN V.F.W. POST NO. 3854 SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION
27, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
ILLINOIS.
PIN: 10-27-300-034-0000

 1. At or near the time of execution of this Agreement, the VILLAGE granted an
 Occupancy Permit, Business License, Site Plan Approval or Special Use Permit
 hereinafter collectively referred to as “permit” pursuant to state statutes and local
 ordinances.

 2. By the terms of the aforesaid permit, the PROPERTY OWNER is required to install
 and maintain landscaping in accordance with the plan dated July 28, 2019, or
 as it may be subsequently revised with the approval of the Village Manager, or
 designee, and the Corporation Counsel.

 3. The parties to this Agreement recognize that the installation and maintenance of
 landscaping is an integral part of the PROPERTY OWNER's plan for development
 and/or use of the property and is necessary to carry out the purpose and intent of the
 VILLAGE's land use objectives, and that the permit would not have been approved by
 the VILLAGE without the assurance that this Agreement would be executed by the
 PROPERTY OWNER.

 4. The purpose of this Agreement is to assure:

 (a) installation of the landscaping in accordance with the landscaping plan
 approved by the VILLAGE, and
 (b) continued maintenance and care of the landscaping, including any
 landscaping indicated in the parkway area.

 5. The property, which is the subject matter of this Agreement, is legally described above.
 The portions of the Subject Property which are to be landscaped and maintained
 pursuant to the terms and conditions of this Agreement are indicated on the Landscape
 Plan attached hereto, marked Exhibit “1” and are hereby made a part of this
 Agreement.

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 6. PROPERTY OWNER agrees that the installation and maintenance of the landscaping
 which is required in accordance with the permit issued by the VILLAGE and this
 Agreement will materially benefit the Subject Property. Such landscaping is necessary
 in order for the PROPERTY OWNER to comply with the conditions of the permit issued
 or granted by the VILLAGE for the PROPERTY OWNER’s requested development or
 use of the property.

 7. PROPERTY OWNER shall diligently maintain and care for the landscaping which is
 installed and required by the permit and this Agreement, using generally accepted
 methods of cultivation and watering. The PROPERTY OWNER shall maintain a
 standard of care necessary to prevent the landscaping from deteriorating to the extent
 that its value as landscaping is destroyed. If Exhibit “1”, attached hereto or permit
 specifies maintenance standards or procedures, such procedures are hereby adopted
 as part of this Agreement, and by such adoption, become enforcement conditions of
 this Agreement.

 8. Failure to maintain the landscaping as required by this Agreement shall be a nuisance.
 In the event the PROPERTY OWNER fails to meet the standard of maintenance
 necessary to keep the landscaping in a healthy condition as required by this
 Agreement, the VILLAGE shall give written notice of the deficiency to the PROPERTY
 OWNER who shall have 20 days to make the necessary correction or replacement. If
 such correction or replacement is not made within the aforesaid 20-day period, the
 VILLAGE may elect to abate the nuisance and take necessary action to assure that
 the landscaping is replaced and/or maintained. In the event, the VILLAGE so elects;
 the VILLAGE shall serve notice of its intent to enter the premises for this purpose.
 The VILLAGE shall either personally serve the notice upon the PROPERTY OWNER
 or mail a copy of it by certified mail to the PROPERTY OWNER's last known address,
 or as shown on the tax rolls, at least 15 days in advance of the date when the VILLAGE
 or its agent intends to enter the premises.

 9. For this purpose, the VILLAGE or its agent may enter upon the property and perform
 such work as it considers reasonably necessary and proper to restore, maintain, or
 replace the landscaping required by this Agreement. The VILLAGE may act either
 through its own employees or through an independent contractor.

 10. The VILLAGE shall be entitled to reimbursement for abating the nuisance in restoring,
 maintaining or replacing the landscaping, provided that the VILLAGE follows the
 procedures set forth in this Agreement. Costs shall include but shall not be limited to
 actual costs incurred by the VILLAGE and administrative costs. The VILLAGE shall
 make demand upon the PROPERTY OWNER for payment. If the PROPERTY
 OWNER fails to pay the costs within 30 days of the date on which demand is made,
 the VILLAGE may cause a lien to be placed on the Subject Property. The VILLAGE
 may record a notice with the Recorder of Deeds for Cook County stating that it has
 incurred expenses under the terms this Landscape Agreement. The VILLAGE shall
 be entitled to collect interest at the statutory rate on the amount owed.

 11. In addition to having a lien placed on the Subject Property, the VILLAGE may institute
 a legal action to collect the amount owed. The PROPERTY OWNER agrees to pay
 the VILLAGE a reasonable sum for attorney's fees and court costs.

 12. If either party upon the execution of this Agreement or during the course of
 performance considers that it is necessary to have the PROPERTY OWNER post

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 additional security to guarantee the performance of his obligations hereunder, the
 VILLAGE may require the PROPERTY OWNER to post additional security. The
 VILLAGE may require either a cash deposit or a surety bond guaranteeing
 performance in a form signed by sureties satisfactory to the VILLAGE. The condition
 of the security shall be that if the PROPERTY OWNER fails to perform any obligation
 under this Agreement, the VILLAGE may, act on behalf of the PROPERTY OWNER
 and use the proceeds of the cash bond, or in the case of a surety bond, require the
 securities to perform the obligations of this Agreement.

 13. The PROPERTY OWNER hereby agrees to indemnify and hold harmless the
 VILLAGE, its trustees, officials, employees and agents for any costs, claims, actions
 or causes of action for personal injury, property damage or otherwise, including
 reasonable attorneys’ fees, which may arise from the VILLAGE exercising any of its
 rights or obligations and performance under this Agreement.

 14. All notices required or to be given pursuant hereto shall be in writing and either
 delivered personally or by a nationally recognized "over-night" courier service or
 mailed by United States certified or registered mail, postage prepaid, addressed to the
 VILLAGE and the PROPERTY OWNER as follows:

 If to VILLAGE: If to the PROPERTY OWNER:
 Village of Skokie
 5127 Oakton Street Madinat-Ul-Uloom, Inc.
 Skokie, IL 60077 7401 Lincoln Avenue
 Attention: Village Clerk Skokie, IL 60076
 Attention: Mohammed Ali Syed
 With copies to:
 Village Manager
 Village of Skokie
 5127 Oakton Street
 Skokie, IL 60077

 Corporation Counsel
 Village of Skokie
 5127 Oakton Street
 Skokie, IL 60077



 Either Party may change the names and addresses of the persons to whom notices or
 copies thereof shall be delivered, by written notice to the other Party, as the case may
 be, in the manner herein provided for the service of notice.


 15. The Parties and the individuals whose signature is affixed to this Agreement, each
 acting with due authority have executed this Agreement.

 16. This Agreement pertains to, runs with the Subject Property, and shall be binding on
 the successors, assigns, and heirs in interest.




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 17. This Agreement shall be recorded at the PROPERTY OWNER’s expense in the Office
 of the Recorder of Deeds for County of Cook.

 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
 written above.

 MADINAT-UL-ULOOM, INC. VILLAGE OF SKOKIE


 By: By:
 its Village Manager
 Title:

 ATTEST: ATTEST:

 _____________________________
 its Village Clerk
 Its:




1




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1

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 B
 MML: 9/3/19
 *9/16/19


 THIS ORDINANCE MAY BE CITED AS
 VILLAGE ORDINANCE NUMBER

 19-9-C-


 AN ORDINANCE AMENDING THE SKOKIE VILLAGE CODE
 BY ADDING CHAPTER 11 PERTAINING TO CANNABIS
 RETAIL SALES LICENSING

1 WHEREAS, the State of Illinois enacted the Cannabis Regulation and Tax Act, Illinois
2 Public Act 101-0027 (hereinafter “Act”) which pertains to the possession, use, cultivation,
3 transportation and dispensing of adult-use cannabis which became effective June 25, 2019;
4 and

5 WHEREAS, the State of Illinois retains sole authority to regulate the use of cannabis
6 and therefore municipalities cannot legislate concerning the use of cannabis in their
7 communities if it is in conflict with the State of Illinois; and
8
9 WHEREAS, the State of Illinois authorizes municipalities to enact legislation
10 concerning the retail sales of cannabis and such legislation may include location, zoning and
11 related activity; and
12
13 WHEREAS, the Village of Skokie (hereinafter “Skokie”) desires to encourage
14 economic development within Skokie and recognizes that the sale of cannabis will bring
15 purchasers from outside of Skokie and that a dispensary as a destination will benefit other
16 business in Skokie; and
17
18 WHEREAS, while cannabis sales will provide new revenue to Skokie from the growth
19 of cannabis sales, Skokie will be sensitive and cautious as to the location of a cannabis
20 dispensary in terms of the presence of children and will limit the number of cannabis retail
21 sales licenses to two (2) stand-alone buildings and;
22
23 WHEREAS, it is recommended to the Mayor and Board of Trustees that the Skokie
24 Village Code be amended by adding Chapter 11; and
25
26 WHEREAS, the Mayor and Board of Trustees at a public meeting duly held on
27 September 19, 2019, concurred in the aforesaid recommendation of the Village Manager and
28 Corporation Counsel; and

29 NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Board of Trustees of the
30 Village of Skokie, Cook County, Illinois;

31 Section 1: That the Skokie Village Code be and the same is hereby amended in
32 the manner hereinafter indicated. The new material is highlighted in bold.

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 VOSDOCS-#558756-v1-Ordinance__Code_Amendment__Chapter_11__Cannabis_Licensing
1 Chapter 11 - CANNABIS

2 ARTICLE I. - IN GENERAL

3 Sec. 11-1. Scope.
4 This chapter shall apply to the service, distribution, sale, including but not
5 limited to any transaction of retail sale of cannabis, within the Village of Skokie.

6 Sec. 11-2. Interpretation of chapter.

7 This chapter shall be liberally construed to the end that the health, safety and
8 welfare of the residents of Skokie shall be protected and temperance in the use and
9 consumption of cannabis shall be fostered and promoted.

10 Sec. 11-3. Definitions.
11 Unless the context shall otherwise require, or unless defined in the Skokie Code,
12 including this chapter, terms used in this chapter shall have the definitions given in
13 the Act, as amended from time to time. Where not otherwise qualified, the term
14 license or licensee wherever used in this chapter means a license or licensee of
15 Skokie under this chapter.
16 Cannabis means any form or variety of cannabis as defined by the Act and for
17 purposes of this chapter shall include all forms of cannabis, including contained
18 within edible products.
19 Cannabis Commissioner means the individual with the authority to oversee and
20 implement the provisions of this Chapter, including the awarding of licenses. The
21 Cannabis Commissioner shall be the Mayor of Skokie, or designee.
22
23 Operation Plan means an addendum to the Skokie Cannabis Dispensary
24 Application which shall include, but not be limited to the following information and as
25 requested by and approved by the Cannabis Commissioner as part of the application
26 process:
27 a) A floor plan including where the sale of cannabis shall take place in the
28 establishment and where the designated area for storage and delivery shall
29 be,
30 b) The types of cannabis that will be offered for sale and the hours of service
31 and method of packaging and delivery to customers;
32 c) The location for the checking of identification to determine the customers’
33 age;
34 d) Security methods and systems; and the location of medical purchases.

35 Underage person as used in this Chapter, shall mean any person less than 21
36 years of age.

37 Sec. 11-4. Penalties.

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1 Whenever in this Code, in any ordinance, or in any rule or regulation of the
2 Village of Skokie, any act is prohibited or is declared to be unlawful or an offense, or
3 whenever in this Code, any ordinance, or any rule or regulation, the performance of
4 any act is required or the failure to perform any act is declared to be unlawful or an
5 offense, where no specific penalty is provided therefor, any person upon the
6 violation of any ordinance shall be punished by a fine not to exceed that which is
7 allowed, according to Illinois Municipal Code and the Illinois state law, for each such
8 offense. The Corporation Counsel may file a civil action to recover any penalty or fine
9 against any such person, or entity.

10 Sec. 11-5. Underage person; prohibition.
11 (a) Prohibited. No licensee, or any officer, associate, member, representative, agent
12 or employee of such licensee, shall sell, give or deliver cannabis to an underage
13 person. No person, after purchasing or otherwise obtaining cannabis, shall sell,
14 give or deliver the cannabis product to an underage person.
15 (b) Underage Person not allowed. No licensee, or any officer, associate, member,
16 representative, agent or employee of such licensee, shall permit an Underage
17 Person to be or remain on or in any portion of a licensed premises unless the
18 Underage Person is: (i) accompanied by his or her parent or guardian, or (ii) on
19 the premises for the purchase of authorized medicinal cannabis for the personal
20 use of the underaged person.
21 (c) Unlawful consumption, purchase or possession. No Underage Person shall
22 consume, purchase, smoke or have in his or her possession, cannabis, except
23 for prescribed medical use, with proper documentation. It shall be unlawful for
24 any parent or guardian to permit an underage person, of which he or she may be
25 the parent or guardian, to violate any of the provisions of this Chapter and shall
26 not provide cannabis to their children or in loco parentis except for prescribed
27 medicinal use.

28 Sec. 11-6. Purchase or acceptance of cannabis by Underage Person; identification
29 cards; warnings.
30 (a) Prohibited gift or delivery. No underage person shall accept a gift or delivery of
31 cannabis.
32 (b) Photo identification. If a licensee, or any officer, associate, member,
33 representative, agent or employee of such licensee, believes or has reason to
34 believe that a sale or delivery of cannabis is prohibited because of the
35 insufficient age of the prospective purchaser, he or she shall, before making
36 such sale or delivery, demand presentation of adequate written evidence of
37 identity, including, but not limited to, a photograph, and of the fact that the
38 purchaser or recipient is over the age of 21 years (hereinafter "identification
39 card"), issued by a federal, state, county, or municipal government or subdivision
40 or agency thereof, including, but not limited to, a motor vehicle operations
41 license or identification card issued to a member of the Armed Services.
42 (c) No sale. If a licensee, or any officer, associate, member, representative, agent or
43 employee of such licensee, believes or has reason to believe that the ultimate

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1 recipient of cannabis to be purchased is of insufficient age or is using a forged or
2 false identification card, he or she shall not make the sale.
3 (d) Forged or false identification. No person shall transfer, alter or deface an
4 identification card; use the identification card of another; carry or use a false or
5 forged identification card; or obtain an identification card by means of false
6 information. No person shall purchase, accept the delivery, or have the
7 possession of cannabis in violation of this section.
8 (e) Warnings displayed. In every cannabis dispensary there shall always be
9 displayed in a prominent place, a printed card which shall be supplied by Skokie
10 and which shall read substantially as follows:
11 WARNING TO ALL PERSONS UNDER THE AGE OF TWENTY-ONE YEARS. YOU
12 ARE SUBJECT TO A CRIMINAL ARREST AND FINE IF YOU PURCHASE, OR
13 ACCEPT A GIFT OF, CANNABIS OR HAVE CANNABIS IN YOUR POSSESSION,
14 OR IF YOU HAVE IN YOUR POSSESSION A FALSE, FORGED, ALTERED OR
15 DEFACED IDENTIFICATION CARD WHICH MISREPRESENTS YOUR AGE.

16 Sec. 11-7. Liability for permitting Underage Persons to possess or consume
17 cannabis.
18 (a) It shall be unlawful for any owner or occupant of any premises in Skokie to permit
19 an underage person to possess or consume cannabis on the premises, except
20 for prescribed medical use with proper documentation.
21 (b) No person shall permit a gathering at their residence, or on property owned by
22 the person or under the person's control, where any one or more Underage
23 Persons are in possession of or are consuming any cannabis. No person that
24 believes an Underage Person has consumed cannabis shall allow that Underage
25 Person to leave a residence, or property owned by the person, or under the
26 person's control, except when the Underage Person is accompanied by the
27 Underage Person's parent or legal guardian. For the purpose of this section
28 where the residence, or a property, has a tenant or lessee, there is a rebuttable
29 presumption that the residence, or property, is occupied or controlled by the
30 tenant or lessee. There is a rebuttable presumption that the owner or occupant of
31 said residence, or property, permitted such conduct, unless the contrary is
32 established by a preponderance of the evidence, even if said owner or occupant
33 is not on the premises at the time of the violation.
34 Secs. 11-8—10-20. Reserved.

35 ARTICLE II. - RETAIL SALES AND CONSUMPTION

36 DIVISION 1. - GENERALLY

37 Sec. 11-21. Consumption at or in a cannabis dispensary.
38 Cannabis may not be consumed within a cannabis dispensary for any purpose and in
39 any form, including but not limited to samples, tastings, edible products or
40 byproducts or by smoking.

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1 Sec. 11-22. Consumption in parking lot adjacent to cannabis dispensary.
2 (a) In parking lots. Cannabis may not be consumed in any parking lot or open area
3 adjacent to any cannabis dispensary for any purpose and in any form,
4 including but not limited to samples, tastings, edible products or byproducts or
5 by smoking.

6 (b) Responsibility of owner and/or manager. No licensee, or officer, associate,
7 member, representative, agent or employee of such licensee, shall permit the
8 consumption of cannabis in violation of this chapter.
9 (c) Posting of signs. All cannabis dispensaries must post the following sign on the
10 property where the establishment is located.
11 PURSUANT TO THE SKOKIE VILLAGE CODE, IT IS UNLAWFUL TO CONSUME
12 ANY CANNABIS IN ANY PARKING LOT OR OPEN AREA ADJACENT TO THIS
13 CANNABIS DISPENSORY.
14 Sec. 11-23. Hours of Operation.
15 The hours of operation for a dispensary shall be within 10:00 a.m. to 8:00 p.m.
16 Monday through Sunday.

17 Sec. 11-24. Dispensary Premises.
18 A cannabis dispensary shall only be located in a stand-alone building. Cannabis
19 shall not be sold upon any premise which has any access that leads from such
20 premises to any other portion of the same building used for dwelling or lodging
21 purposes or which is permitted to be used or kept accessible for the public, unless
22 owned and operated by the cannabis dispensary in conjunction with its cannabis
23 dispensary business for purposes other than a dwelling or lodging.

24 Sec. 11-25. Giving away of cannabis.
25 (a) No licensee, individual, partnership or corporation shall give away or provide
26 samples or tastings of any cannabis for retail sales or other purposes or in
27 connection with the promotion of the cannabis dispensary.
28 Secs. 11-26—10-60. Reserved.

29 DIVISION 2. - LICENSE

30 Sec. 11-610. Required.
31 (a) No person shall sell or offer for sale or possess with intention to sell at retail
32 Skokie any cannabis without a cannabis retail sales license issued by the Skokie
33 pursuant to this Chapter, in addition to a license issued by the State of Illinois.
34 No person shall sell at retail or offer for sale at retail in Skokie cannabis in any
35 form, in violation of the terms and conditions of the license or in violation of any
36 provision of this chapter or any provision of the Act.

37 Sec. 11-62. Term.

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1 Each cannabis dispensary shall have a license issued by the State of Illinois to
2 sell retail cannabis prior to applying for a Skokie cannabis dispensary license. Each
3 cannabis dispensary shall have a Skokie cannabis retail sales license pursuant to
4 this chapter and the license shall be an annual license and shall expire on April 30 th
5 next following its issuance and every year thereafter requiring an application for
6 renewal and approval.

7 Sec. 11-63. Number of licenses.
8 There shall be a maximum of two (2) cannabis retail sales licenses available at
9 any one time in Skokie.
10 Sec. 11-64. Application.
11 (a) Applications for a cannabis retail sales license shall be made to the Cannabis
12 Commissioner, on a form provided by the Cannabis Commissioner. Each such
13 application shall be in writing, signed by the applicant or by a duly authorized
14 officer of an entity, verified by oath or affidavit. In addition to the provided form,
15 the licensee applicant shall be responsible for submitting any additional
16 information that may be required by the Cannabis Commissioner.
17 (b) In addition to the application, the applicant or the managing partners or officers of
18 the owning entity of the applicant and the on-site managers of the applicant must
19 undergo a criminal background check, including but not limited to finger printing
20 under the direction of the Skokie Chief of Police or designee.
21 (c) An affidavit, executed by a duly authorized officer or managing partner, stating
22 that all members, officers, managers, general partners, directors, stockholders or
23 limited partners of the applicant owning 5 percent or more of the applicant have
24 no criminal convictions in any jurisdiction.

25 Sec. 11-65. Restrictions on issuance.
26 No license shall be issued:
27 (a) To an individual or entity declared ineligible for a license under the Cannabis
28 Regulation and Tax Act, as amended from time to time, or to a person,
29 partnership or corporation not eligible for an Illinois cannabis dispensary
30 license.
31 (b) For a cannabis dispensary in proximity to a school, hospital, park or other
32 institution if issuance of the cannabis retail sales license would violate
33 Skokie zoning ordinances, regarding cannabis dispensaries distance from
34 such institutions.

35 Sec. 11-66. Distance between licensed premises.
36 (a) A cannabis retail sales license shall not be issued for a cannabis dispensary that
37 is on property or in premises in proximity to another cannabis dispensary if
38 issuance of the cannabis dispensary license would violate Skokie zoning
39 regarding cannabis dispensaries distance from one another, as amended from
40 time to time.
41 Sec. 11-67. Fees.
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 VOSDOCS-#558756-v1-Ordinance__Code_Amendment__Chapter_11__Cannabis_Licensing
 1 The license fees for licenses shall be as set forth in Section 46-82 of the
 2 Skokie Village Code.

 3 Sec. 11-68. Nature of license; transfer; expiration.
 4 (a) A cannabis retail sales license shall be purely a privilege, good for a period not to
 5 exceed 1 year after issuance unless revoked according to law, and shall not
 6 constitute property, or be subject to attachment, garnishment or execution, or be
 7 alienable, assignable, transferable or subject to encumberment, and shall cease
 8 upon the death, or insolvency or cessation of operation of the licensee or the
 9 filing for bankruptcy protection.
 10 (b) A licensee shall not enter into any agreement with a person or entity, whether it
 11 be a lease, management or other agreement, that would allow the person or
 12 entity to utilize the license in the operation of the person's or entity's business
 13 wherein the licensee maintains an interest of any kind whatsoever in the license.
 14 (c) If a licensee's business is inactive for a period of three consecutive months, the
 15 license shall become null and void. For the purposes of this Section, the word
 16 "inactive" shall mean that the business has ceased operating or is not open to
 17 the public. Should a license become inactive for three consecutive months, the
 18 Cannabis Commissioner shall have the authority to reinstate the license.

 19 Sec. 11-69. Renewal of license.
 20 (a) Any cannabis dispensary licensee may be renewed at the expiration of its term,
 21 provided the applicant is qualified to receive a new cannabis dispensary license
 22 under the then current requirements and the premises for which such renewal
 23 license is sought are suitable for such purposes; and further, that the renewal
 24 privilege herein provided for shall not be construed as a vested right which shall
 25 in any case prohibit the Mayor and Board of Trustees from decreasing the
 26 number of licenses to be issued within the jurisdiction of the Mayor and the
 27 Board of Trustees.
 28 (b) The renewal application shall be on a form prescribed by the Cannabis
 29 Commissioner. Additionally, all licensees or an authorized representative thereof,
 30 are required to attend an annual meeting convened by the Cannabis
 31 Commissioner.

 32 Sec. 11-70. Change of location of business.
 33 A cannabis dispensary license shall permit the sale of cannabis only in the
 34 premises described in the application and license.

 35 Sec. 11-71. Display.
 36 Each licensee shall display the cannabis retail sales license in plain view in a
 37 conspicuous place on the premises.

38 Sec. 11-72. Hearing fees.
39 In the event the Cannabis Commissioner issues a Notice to the licensee to
40 convene a hearing regarding an alleged violation or violation of Local, State of
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1 Federal Law; any and all fees and costs associated with said hearing or in the
2 preparation thereof, shall be paid by the licensee, including but not limited to
3 attorney's fees for a legal advisor to the Cannabis Commissioner and for a
4 prosecutor and for related costs including but not limited to the cost of the court
5 reporter.

6 Sec. 11-73. Suspension or revocation.
7 (a) The Cannabis Commissioner may suspend or revoke any license issued, if it is
8 determined by the Cannabis Commissioner, subsequent to a hearing in
9 accordance with the Act, that the licensee has violated any ordinance of the
10 Village of Skokie, Illinois statute or federal law pertaining to the operation of the
11 licensee's business or the premises where it is located, or any regulation or rule
12 that has been established by the Cannabis Commissioner, which is not
13 inconsistent with state statute. In addition to suspension or revocation, the
14 Cannabis Commissioner may levy a fine on the licensee for such violations. The
15 fine imposed shall not exceed $1,000.00 for a first violation, $1,500.00 for a
16 second violation within a 12-month period and $2,500.00 for a third or
17 subsequent violation within a 12-month period. Each and every day which a
18 violation continues shall constitute a separate violation. Not more than
19 $15,000.00 in fines under this Section may be imposed against any licensee
20 during the period of the license.
21 Sec. 11-74. Subsequent awarding of licenses.
22 In the event the Cannabis Commissioner revokes a cannabis dispensary license
23 or a cannabis dispensary license is surrendered, the Cannabis Commissioner
24 may decide to award the license to another applicant whose application is on a
25 wait list maintained by the Cannabis Commissioner for consideration of awarding
26 a cannabis retail sales license or may not award the license and hold it.

27 Section 2: That this Ordinance shall be in full force and effect from and after its
28 passage, approval and publication in pamphlet form as provided by law.
29
 ADOPTED this day of , 2019.

 Ayes:
 Nays: Village Clerk
 Absent:

 Attested and filed in my office Approved by me this day of
 this day of , 2019; , 2019.
 and published in pamphlet form
 according to law from
 , 2019 to , 2019.
 Mayor, Village of Skokie


 Village Clerk
30



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 VOSDOCS-#558756-v1-Ordinance__Code_Amendment__Chapter_11__Cannabis_Licensing
 C
 MML: 9/3/19 First Reading
 *9/16/19


 THIS ORDINANCE MAY BE CITED AS
 VILLAGE ORDINANCE NUMBER

 19-9-C-


 AN ORDINANCE AMENDING CHAPTER 98, OF THE SKOKIE VILLAGE
 CODE BY ADDING ARTICLE XVI PERTAINING TO MUNICIPAL
 CANNABIS RETAILERS’ OCCUPATION TAX

1 WHEREAS, Chapter 98, of the Village of Skokie Village Code provides for taxation;
2 and

3 WHEREAS, the State of Illinois enacted the Cannabis Regulation and Tax Act, Illinois
4 Public Act 101-0027 (hereinafter “Act”) which pertains to the possession, use, cultivation,
5 transportation and dispensing of adult-use cannabis which became effective June 25, 2019;
6 and
7
8 WHEREAS, the State of Illinois also has enacted the Illinois Municipal Cannabis
9 Retailers’ Occupation Tax Law, (hereinafter “Cannabis Tax”) 65ILCS 5/11-8/22 et seq., which
10 authorizes municipalities to enact a municipal tax on cannabis sales which shall be collected
11 by the Illinois Department of Revenue and shall go into effect January 1, 2020; and
12
13 WHEREAS, the Village of Skokie, relies on retail taxes to fund operations and capital
14 budgets accounting for nearly 30% of all annual revenue sources and enables Skokie to
15 freeze its portion of real estate tax rates; and
16
17 WHEREAS, the State of Illinois enacted the Cannabis Tax to provide funding for
18 municipalities which have suffered revenue losses due to the actions of the State of Illinois
19 and in recognition of new expenditures that municipalities will experience concerning health,
20 safety, and roads resulting from recreational cannabis dispensary operations; and
21
22 WHEREAS, the gross receipts tax is both equitable to the payers and beneficial to
23 Skokie as it provides new revenue from future revenue growth, including from non-residents
24 of Skokie, to offset new expenditures from cannabis sales and to otherwise improve Skokie;
25 and
26
27 WHEREAS, it is recommended to the Mayor and Board of Trustees that Chapter 98,
28 of the Skokie Village Code be amended by adding Article XVI accordingly; and
29
30 WHEREAS, the Mayor and Board of Trustees at a public meeting duly held on
31 September 16, 2019, concurred in the aforesaid recommendation of the Village Manager and
32 Corporation Counsel; and

33 NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Board of Trustees of the
34 Village of Skokie, Cook County, Illinois;


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 VOSDOCS-#555276-v1-Ordinance__Code_Amendment__Chapter_98__Cannabis_Retailers__Occupation_Tax
1 Section 1: That Chapter 98 of the Skokie Village Code be and the same is hereby
2 amended in the manner hereinafter indicated subject to modification by the Village Manager
3 or designee and the Corporation Counsel. The new material is highlighted in bold.

4 Chapter 98 – TAXATION
5 …

6 Article XVI. Municipal Cannabis Retailers’ Occupation Tax
7
8 Sec. 98-390 – Imposition of Tax; Rate
9
10 (a) A tax is hereby imposed upon all persons engaged in the business of selling
11 cannabis (hereinafter “Cannabis Retailer”) other than cannabis purchased under
12 the Compassionate Use of Medical Cannabis Pilot Program Act, at retail in the
13 Village of Skokie at the rate of 3% of the gross receipts from sales made in the
14 course of business. This tax shall be in addition to any and all other surcharges
15 or taxes which may be imposed.
16
17 (b) The imposition of the tax is in accordance with the provisions of Sections 8-11-
18 22, of the Illinois Municipal Code (65 ILCS 5/8-11-22).
19
20 Sec. 98-391 – Collection of Tax.

21 (a) Any Cannabis Retailer, within the Village shall have the duty to collect the
22 municipal cannabis retailer’s occupation tax and remit it to the Illinois
23 Department of Revenue.
24
25 (b) Any remittance by a Cannabis Retailer required by this Article shall be done in
26 accordance with the rules and forms promulgated by the Illinois Department of
27 Revenue.
28
29 (c) Any tax required to be collected pursuant to or as authorized by this Article shall
30 constitute a debt owed by the retailer to the State of Illinois.
31
32 Sec. 98-392 – Administration and enforcement.

33 The tax imposed under this Article and all civil penalties that may be assessed as an
34 incident thereto, shall be collected and endorsed by the Department. The Department
35 shall have full power to administer and enforce the provisions of this Article and the
36 Village retains its rights to legal action including the revocation of certificates of
37 operation to enforce the provisions of this Article.

38 Section 2: That this Ordinance shall be in full force and effect from and after its
39 passage, approval and publication in pamphlet form as provided by law, provided however,
40 that the tax provided for herein shall take effect for all sales January 1, 2020.
41
42
43



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 ADOPTED this day of , 2019.

 Ayes:
 Nays: Village Clerk
 Absent:

 Attested and filed in my office Approved by me this day of
 this day of September, 2019; September, 2019.
 and published in pamphlet form
 according to law from September
 , 2019 to October , 2019.
 Mayor, Village of Skokie


 Village Clerk
1
2




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 VOSDOCS-#555276-v1-Ordinance__Code_Amendment__Chapter_98__Cannabis_Retailers__Occupation_Tax
PLAN COMMISSION REPORT 2019-22P: Chapter Amendment
Community Development Department Council Chambers, 8:00 PM, September 3, 2019


To: Mayor and Board of Trustees
From: Paul Luke, Chairman, Skokie Plan Commission
Case: 2019-22P: Zoning Chapter Amendment
 Cannabis Dispensaries

PLAN COMMISSION ANALYSIS
At its August 1, 2019, meeting the Plan Commission reviewed the Village Manager’s
request that Staff study the issue of cannabis dispensing organizations and amend the
Zoning Chapter of the Village Code to allow some form of cannabis dispensing
organization in compliance with the new State Cannabis Regulation and Tax Act, which
was adopted on June 4, 2019, and will allow Illinois residents over 21 to possess small
amounts of cannabis and cannabis products for personal use. Local governments can
only control the time, place, manner, and the number of business establishments
including the distances between them, but they cannot be unreasonable or too
restrictive to these establishments or operations. A separate Village Code amendment
is needed to address licensing, fees, taxing and the internal operation of the cannabis
dispensaries in compliance with the Cannabis Act.

The Village currently permits sales and cultivation of medical marijuana as a special use
in the M2 and M3 zoning districts. Since the passage of the Cannabis Act, staff is
recommending that there be no distinction between medical marijuana and recreational
cannabis. The use would be considered cannabis dispensary. Staff found that most
communities have not considered instituting regulations yet and some like Naperville,
Bloomingdale, Libertyville, and Northbrook have turned down allowing cannabis sales.

Staff is recommending adopting the state definition for cannabis dispensary and
regulating the distances and locations where the facilities can operate. The use would
be a permitted use in B2 and B3 zoning but must not located within 1,500 feet from
another dispensary nor within 1,000 feet of school grounds, child care centers, public
parks or libraries, or games arcade establishments or recreation centers or facilities to
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which admission is not restricted to persons 21 years or older. Parking would be at 1
space for each 300 ft2 of net floor space.

Questions from the Commission included compliance with the Harrison Act of 1925, why
a special use permit is not being recommended, the number of potential locations that
would meet the requirements, the rationale for the recommendation of business versus
industrial zoning districts, and on-site use.

Corporation Counsel added that a significant amount of discussions have taken place
with the Fire and Police Departments as well as with the Health Department.

The more detailed discussion is summarized in the attached minutes.



INTERESTED PARTIES
Legal Notice was properly advertised as prescribed by the Zoning Chapter. No
interested parties provided testimony about this case.



PLAN COMMISSION RECOMMENDATION AND VOTING
The Plan Commission recommended, by a vote of 8 ayes, 1 nays, and 0 members
absent, that Chapter 118 Zoning of the Skokie Village Code be amended as
recommended in the Staff Report for 2019-22P.

ATTENDANCE AYES NAYS ABSENT ABSTAIN
 Mathee X
 J. Burman (moved)  X
 Laxpati (second) X
 Franklin X
 Villegas X
 S. Berman X
 Quane X
 Mitchell X
 Luke X



ATTACHMENTS
 1. Staff Report for 2019-22P, dated August 1, 2019
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22P__Zoning_chapter_amendment_regarding_cannabis_dispensaries.docx

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 2. Plan Commission Meeting Minutes, dated August 1, 2019
 3. Cannabis Dispensary Location Restriction Map




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STAFF REPORT 2019-22P: Zoning Chapter Amendment
Community Development Department Council Chambers, 7:30 PM, August 1, 2019




To: Paul Luke, Chairman, Skokie Plan Commission
From: Peter Peyer, Community Development Director
 Steve Marciani, Planning Supervisor
Case: 2019-22P: Zoning Chapter Amendment
 Cannabis Dispensing Organization


 General Information
 Petitioner Skokie Village Manager
 Purpose To review and possibly modify sections of the Zoning Chapter
 of the Village Code regarding cannabis dispensing
 organizations.

STAFF ANALYSIS
The Village Manager requested that Staff study the issue of cannabis dispensing
organizations and amend the Zoning Chapter of the Village Code to allow some form of
cannabis dispensing organization in compliance with the new State Cannabis Regulation
and Tax Act. On June 4, 2019, the Illinois legislature passed the Cannabis Regulation
and Tax Act (the “Cannabis Act”). Under the Cannabis Act, Illinois residents over 21
years of age may legally possess 30 grams of marijuana flower and five grams of
marijuana concentrate for their personal use, starting January 1, 2020. The Cannabis
Act also established licenses for the cultivation and dispensing of cannabis. Local
governments were given the right to enact ordinances and rules, “governing the time,
place, manner, and number of cannabis business establishment operations, including
minimum distance limitations between cannabis business establishments and locations
it deems sensitive, …”. However, a local unit of government may not unreasonably
restrict such establishments or their operation.
The Village can use its zoning authority to regulate the location and land use related
operation of cannabis sales establishments to limit any possible impact on adjacent land
uses. A separate Village Code amendment is needed to address licensing, fees, taxing
and the internal operation of the cannabis dispensaries in compliance with the Cannabis
Act. The proposed Village Code amendment was reviewed by all departments.
A survey by staff of numerous communities in the Chicago area revealed that most
have not yet considered the regulation of cannabis dispensaries despite a January 1
start of the program. A July 26th article in Crain’s Chicago Business.com reported that
Naperville, Libertyville, and Bloomingdale have voted down the sale of cannabis;
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however, it is yet to be determined if these communities have the authority to do so
based on the Cannabis Act.
The Village already had provided for the dispensing of medical cannabis as a special use
in M2 and M3 zoning districts. Based on the actions of the State and the adoption of
the Cannabis Act, Staff is recommending that the uses be combined into a single use,
cannabis dispensary, and specific use regulations be adopted that dictate distances
from school grounds, child care centers, public parks or libraries, or games arcade
establishments or recreation centers or facilities to which admission is not restricted to
persons 21 years or older. The recommended spacing distance is 1,000 feet, which will
severely restrict the location of cannabis dispensaries to a few locations. A map of
potential locations as of today is attached.
Also, there are specific site regulations for safety about lighting and parking lot visibility
as well as facility operations limiting hours and activities. As long as these standard
conditions are met, Staff is recommending that the use be permitted in B2 and B3
zoning districts, similar to alcohol and tobacco sales uses, with a parking requirement of
1 space per 300 ft2 of net floor area similar to other retail establishments. As all
activities will be conducted indoors and operations are strictly regulated by the State,
there are no anticipated operational externalities that would warrant extra land use
control. With the removal of medical cannabis dispensing organization as a separate
use, the health and personal care parking requirements are reverting back to their
original formatting.
Based on these recommendations, case 2019-23P is not necessary, is hereby
withdrawn.


STAFF RECOMMENDATION
Staff recommends that the following sections of Chapter 118 Zoning of the Skokie
Village Code be amended, with text to be added highlighted and text to be removed
highlighted and stricken through in the attached draft ordinance.


ARTICLE II. - DEFINITIONS

…
Sec. 118-32. General Definitions

…
 Cannabis dispensary, means a facility operated by an organization or business that
is registered by the Illinois Department of Financial and Professional Regulation or
successor to acquire cannabis from a cultivation center, craft grower, processing
organization, or another dispensary for the purpose of selling or dispensing cannabis,
cannabis-infused products, cannabis seeds, paraphernalia, or related supplies and
educational materials to purchasers or to qualified medical cannabis patients and
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caregivers, including a registered medical cannabis organization as defined in the
Compassionate Use of Medical Cannabis Pilot Program Act or its successor Act that has
obtained an Early Approval Adult Use Dispensing Organization License.
 Car dealer means an establishment retailing automobiles and light trucks,
motorcycles, sport utility vehicles, and passenger and cargo vans, including replacement
parts and accessories.
…
 Medical cannabis cultivation center means a facility operated by an organization
or business that is registered by the Illinois Department of Agriculture to perform
necessary activities to provide only registered medical cannabis dispensing
organizations with usable medical cannabis.
 Medical cannabis dispensing organization, or "dispensing organization", or "dispensary
organization" means a facility operated by an organization or business that is registered by the
Illinois Department of Financial and Professional Regulation or successor to acquire medical
cannabis from a registered cultivation center for the purpose of dispensing cannabis,
paraphernalia, or related supplies and educational materials to registered qualifying patients.


ARTICLE IV. - GENERAL PROVISIONS
…
Sec. 118-99. Cannabis dispensaries.
 (a) Building form. The use must be located in a free-standing building.
 (b) Licensure. The use must have all required State of Illinois and Village of Skokie
 licenses.
 (c) Location restrictions. A dispensary shall not be located within 1,500’ of the property
 line of a pre-existing dispensary or within 1,000’ of the property line of private or public
 school grounds, a child care center, a public park or library, or a games arcade
 establishment or recreation center or facility to which admission is not restricted to
 persons 21 years or older.
 (d) Lighting. All site lighting and inside the dispensary building must be provided and kept
 in good working order and of sufficient wattage for security cameras and the safety of
 customers and employees.
 (e) Visibility. The parking facility must be visible from a public street.
 (f) Vehicle Access. The parking facilities must be accessed directly from a public street.
 (g) Screening. A dispensary site must be separated from an adjacent lot with a building
 containing a residence by a 6’ high solid fence.
 (h) Hours of operation. Hours of operation are limited to between 10 a.m. and 8 p.m.
 (i) Staffing. A minimum of 2 employees must be working at a dispensary when it is open.
 (j) Location of sales. All product storage, display, and sales must be conducted inside an
 enclosed building. Drive-through facilities are prohibited.
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 (k) Sales only. Cannabis products shall be sold at retail at the dispensary but are
 prohibited from being cultivated, processed, or manufactured.
 (l) Combined uses. Other uses that are permitted or special uses in the district in which
 the dispensary is located may be combined with a cannabis dispensary provided that
 they meet off-street parking requirements and all other code requirements for each
 use.

ARTICLE XI. - OFF-STREET PARKING AND LOADING FACILITIES

…

Sec. 118-218. Required number of motor vehicle parking spaces.

…

 (4) Office, retail, service, and industrial uses.

…

Barbershops, beauty parlors, and other similar establishments: 1 parking space for each 200 ft2
of net floor area.

Cannabis dispensaries: 1 parking space for each 300 ft2 of net floor area.

…

Health and personal care: 3.0 parking spaces for each 1,000 ft2 of gross floor area. If a clinic or
outpatient care use is operated in conjunction with this use, 5.0 parking spaces for each 1,000
ft2 of gross floor area are required for that portion of the use.

a. Medical cannabis dispensing organization: Determined by the Plan Commission.

 b. All other health and personal care uses: 3.0 parking spaces for each 1,000 ft2
 of gross floor area. If a clinic or outpatient care use is operated in conjunction
 with this use, 5.0 parking spaces for each 1,000 ft2 of gross floor area are
 required for that portion of the use.

APPENDIX A. USE TABLE

Medical cannabis dispensing organization subject to Sec. 54-283 Special Use M2 and M3
Cannabis dispensary Permitted Use B2 and B3


ATTACHMENT
Cannabis Dispensary Location Restriction Map
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 Plan Commission Meeting Minutes
 Date: August 1, 2019

A motion was made by Commissioner S. Berman to approve the minutes of the July 11th and
July 18th, 2019 Plan Commission meetings and seconded by Commissioner Laxpati. All voted
aye in unison.

Case Description

2019-22P –Zoning Chapter Amendment: Cannabis Dispensing Organization
The Skokie Village Manager requests a review and possible modifications of the Zoning
Chapter of the Village Code regarding the State of Illinois-licensed cannabis dispensing
organizations.


Discussion and Interested Parties

Legal notice was advertised as prescribed by the Zoning Chapter. Personal notice was not
required.

Staff requested that the report be entered into the record as written to add cannabis dispensary
to the Zoning Chapter. The State of Illinois passed the State Cannabis Regulation and Tax Act
on June 4, 2019 for Illinois residents over 21. They may legally possess 30 grams of flower and
5 grams of marijuana concentrate for personal use as of Jan. 1, 2020.

According to the Cannabis Act, local governments can control the time, place, manner, and the
number of business establishments including the distances between them. They cannot be
unreasonable or too restrictive to these establishments or operations.

Previously, the Village determined that selling & cultivating medical marijuana was allowable in
the M2 and M3 zoning districts as a special use. Since the passage of the Cannabis Act, staff is
recommending that there be no distinction between medical marijuana and recreational
cannabis. The use would be considered cannabis dispensary. Therefore, Case 2019-23P is
withdrawn. There will be 75 facilities open state-wide by January 2020. The 55 medical
marijuana establishments that are in existence will be converted first.

It seems that other communities have not considered instituting regulations yet and some like
Naperville, Bloomingdale, Libertyville, and Northbrook have turned down allowing cannabis
sales.

Staff is recommending adopting the state definition for cannabis dispensary and regulating the
distances and locations where the facilities can operate. The facilities are restricted to only
allowing persons 21 years and older. They must not locate within 1,500 ft. from another
dispensary, 1,000 ft. from a private or public school or child care center, public park or library,
games arcade, and any establishment or recreation center which allows any person younger
than 21 years. Appendix A will be amended to allow the use as permitted in B2 and B3
Business zoning districts. Parking would be at 1 space for each 300 sq. feet of net floor space.

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Staff displayed a cannabis restrictions and sales area map depicting the limited permitted areas.
He pointed out a few allowable spots such as in the southeast area by Walmart, on Touhy west
of the expressway, on Main Street near the 7-11, at Dempster and Gross Point, and near the
Ethan Allen Furniture store on Skokie Boulevard and Old Orchard.

A commissioner asked if it affects the Harrison Act of 1925. It is still illegal federally. Staff
answered that the only issue would be banking. Federal banks would not take in deposits from
a cannabis facility; although it isn’t a cash only business anymore.

The chairman asked why it wouldn’t need a special use permit. Staff stated that as a land use,
it is considered a retail use. The general provisions listed in the staff report are the same that
any other retail use would be required to comply with.

Another commissioner, referring to the map, commented that there seems to be up to 10 areas
that could be potential sites. Another commissioner added that since medical marijuana is
approved in the M districts, why take it away and move it to the business districts. Staff
answered that it really doesn’t belong in the M district- it doesn’t need that kind of protection.
Staff is looking at it as a commercial product.

The commissioner asked further if there was any discussion of on-site use or will it be sales
only. Staff reminded everyone of the smoking ordinance stating that the Village won’t allow a
smoking lounge to open. Cigar King and the hookah lounge on Dempster have grandfather
rights.

Another commissioner asked about edible cannabis. Staff said that it cannot be offered at a
restaurant or drinking place but can be sold at a retail section of a higher end store. Cooking
classes showing how to use it would be OK.

Michael Lorge, Village of Skokie’s Corporation Counsel added that a significant amount of
discussions have taken place with the Fire and Police Departments as well as with the Health
Department. The proposal will be presented to the Village Board at a future meeting.

Recommendations and Voting

A motion was made to approve as presented the request to add cannabis dispensary
organization to the Zoning Chapter of the Village Code.


Motion: J. Burman Second: D. Laxpati

Ayes: 8
Nays: 1 (Mitchell)




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PLAN COMMISSION REPORT 2019-24P: Zoning Map Amendment
 Council Chambers, 8:00 PM September 3, 2019


To: Mayor and Board of Trustees
From: Paul Luke, Chairman
Case: 2019-24P: Zoning Map Amendment
 8833 Gross Point Road and 8820 LeClaire Avenue

 Related Cases – 2019-25P: Subdivision

PLAN COMMISSION ANALYSIS
At its August 15th, 2019 meeting, the Plan Commission heard the request of Areesha
Properties, LLC, to amend the zoning map to change the zoning district for 8833 Gross
Point Road and 8820 LeClaire Avenue from M1 Office Assembly Industry to B3 Business.
The petitioner desires to rezone the subject site, which presently contains a multitenant
office building, in order to make the zoning uniform with the surrounding areas and
suitable for more office use.
The Plan Commission concurred with Staff’s recommendation to grant the zoning map
amendment. Based on existing land uses and development trends within the
immediate area, the proposed B3 zoning is more suitable for the subject site. The
proposed zoning is concurrent with the comprehensive plan’s pedestrian oriented mixed
use land designation as it is within walking distance of the Dempster Street
transportation hub. It is also consistent with the long-term land use of the site. Antenna
structures are not a permitted use in the B3 district, and the antenna would become a
legal nonconforming use.

INTERESTED PARTIES
Legal notice was properly posted, advertised, and delivered to all property owners in
the area of the subject site as prescribed by the Zoning Chapter. One audience
member arrived late and asked for clarification on the proposed map amendment.

PLAN COMMISSION RECOMMENDATIONS AND VOTING
The Plan Commission recommends by a vote of 7 ayes and 0 nays, with 2 members
absent, that the petitioner’s request to amend the zoning map to change the zoning
district for 8833 Gross Point Road 8820 LeClaire Avenue from M1 Office Assembly
Industry to B3 Business be APPROVED, subject to the attached Proposed Positive
Findings of Fact.




#558745 v1 Master Plan Commission Report – 2019‐24P Zoning Map Amendment – 8833 Gross Point
Road
ATTENDANCE AYES NAYS ABSENT
 Mitchell X
 Quane X
 Berman X
 Villegas X
 Franklin (Moved) X
 Laxpati (Second) X
 Burman X
 Mathee X
 Luke X



ATTACHMENTS
1. Plan Commission Positive Findings of Fact for 2019-24P
2. Staff Report, dated August 15, 2019
3. Plan Commission Meeting Minutes for August 15, 2019
4. Land Use and Zoning Map




#558745 v1 Master Plan Commission Report – 2019‐24P Zoning Map Amendment – 8833 Gross Point
Road
Plan Commission
Positive Findings of Fact 2019-24P: Zoning Map Amendment
 Council Chambers, 8:00 PM, September 3, 2019


Consideration Finding
The map amendment is consistent with the The proposed zoning map amendment is
Comprehensive Plan or development trends partially consistent with the pedestrian
in the area that have taken place since the oriented mixed land use designation in
affected property was placed in the present the Comprehensive Plan, and is
zoning district. consistent with the long-term office land
 uses within the building, as well as a
 pedestrian-oriented business use.
After identifying the existing uses and Under the current M1 Office Assembly
zoning districts in the area, the property in Industry zoning, cell tower antennas are
question is more suitable for the uses a permitted use. B3 Business is an
allowed under proposed zoning district than appropriate zone for the subject site, and
the existing zoning district. the antenna structure will be a legal non-
 conforming use. Rezoning the site to B3
 makes the zoning more fitting to the
 surrounding uses, and enables the
 building to be used for a wider range of
 business and office uses.




#558745 v1 Master Plan Commission Report – 2019‐24P Zoning Map Amendment – 8833 Gross Point
Road
STAFF REPORT 2019-24P: Zoning Map Amendment
Community Development Department Council Chambers, 7:30 PM, August 15, 2019


To: Paul Luke, Chairman, Skokie Plan Commission
From: William Wilson, Community Development Intern
 Mike Voitik, Associate Planner
Re: 2019-24P: Zoning Map Amendment
 8833 Gross Point Road and 8820 LeClaire Avenue

 Related Case – 2019-25P: Subdivision

General Information
Location 8833 Gross Point Road and 8820 LeClaire Avenue
Purpose To amend the zoning map to change the zoning district for 8833
 Gross Point Road and 8820 LeClaire Avenue from M1 Office
 Assembly Industry to B3 Business.
Petitioner Areesha Properties, LLC
Size of Site 55,900.61 square feet (1.283 acres) with frontage on Gross Point
 Road, Enfield Avenue, and LeClaire Avenue.
Existing Zoning & M1 Office Assembly Industry (B3 Business proposed) –
Land Use multitenant office building containing bank, insurance agency,
 financial institutions, property management companies,
 convention and visitor’s bureau, publisher, administrative office;
 non-public utility or non-government antenna
Adjacent Zoning & North R5 Elderly and Disabled Housing – elderly and disabled
Land Use housing
 South B3 Business – liquor store, vacant storefront, carryout
 restaurant, automotive fuel station
 East B3 Business B3 Business/M1 Office Assembly Industry –
 car dealer, automotive repair facility
 West B2 Commercial – multitenant shopping center
 containing: limited service restaurant with outdoor
 dining, full service restaurant, business support service,
 vacant storefront, weight loss center, dry-cleaning and
 laundry establishment
 R3 Combined Housing – detached residences, 2-unit
 multifamily residences
Comprehensive Plan The site is designated as pedestrian oriented mix.
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PETITIONER’S SUBMITTAL
The petitioner is requesting to change the zoning district for 8833 Gross Point Road and
8820 LeClaire Avenue from M1 Office Assembly Industry to B3 Business. The petitioner
desires to rezone the subject site, which presently contains a multi-tenant office
building and a monopole antenna, in order to make the zoning uniform with the
surrounding business-oriented areas and enable the office building to attract a wider
range of uses than what would be allowed under the M1 zoning.

STAFF ANALYSIS
Comments
All pertinent departments and divisions were offered an opportunity to comment on this
case. Other than the Planning Division comments below, all others did not respond or
approved the request without comment.

 Planning Division
 The Planning Division has reviewed the submitted material and supports the
 proposed zoning map amendment. Although the proposed zoning map amendment
 is not consistent with the pedestrian oriented mix land use designation in the
 Comprehensive Plan due to the ground floor only being used for the building lobby
 and parking, the building is relatively pedestrian-oriented, being close to the front
 yard, within walking distance of the Skokie Transportation Center, and having the
 parking to the side, under, and to the rear of the building. The zoning change
 would allow an increase in the number of office uses allowed on the site.
 Cell tower antennas are not a permitted use in the B3 Business zone. The antenna
 structure already on site will become a legal non-conforming use after the rezoning.
 The M1 zoning is not compatible with the land uses desired under the pedestrian
 oriented mix designation. It is anticipated that the M1-zoned property to the east of
 the subject site will eventually be rezoned for mixed-use development.
 The subject site was initially split-zoned, with the Gross Point Road frontage zoned
 business, and the LeClaire Avenue frontage zoned industry, prior to 1946. In 1946,
 the full area, including both frontages, was zoned C (2-family residential), and this
 zoning was updated to R-3 (2-family residential) in 1956. In 1964, the zoning was
 updated to M-1.
 The site was occupied by American Colloid Company from 1964 to the late-1970’s.
 Prior to that use, the occupancy of that land appeared to be residential. The
 existing office building was constructed in 1981 (cases 79-35P and 81-19P).
 Current surrounding uses include: elderly and disabled housing, car dealer,
 automotive repair facility, liquor store, vacant storefront, carryout restaurant,
 automotive fuel station, multitenant shopping center, detached residences, and 2-
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 unit multifamily residences. The trend in development in the general area over the
 past 25 years has been toward commercial uses along the north side of Dempster
 Street, the south side of Dempster Street east of Gross Point Road. Along Gross
 Point Road, commercial activity has been focused primarily between Enfield Avenue
 and Dempster Street. Residential uses are predominately located to the north and
 northwest of the subject site.

STAFF RECOMMENDATIONS
Staff recommends that the petitioner’s request to change the zoning district for 8833
Gross Point Road and 8820 LeClaire Avenue from M1 Office Assembly Industry to B3
Business be GRANTED, subject to the attached Proposed Positive Findings of Fact.

ATTACHMENTS
1. Proposed Positive Findings of Fact for 2019-24P
2. Land Use and Zoning Map




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 Plan Commission Meeting Minutes
 Date: August 15, 2019

A motion was made by Commissioner S. Berman to approve the minutes of the August
1, 2019 Plan Commission meeting and seconded by Commissioner Laxpati. All voted
aye in unison.

As both cases are related, they were discussed together but voted on separately.


Case Description

2019-24P –Zoning Map Amendment: 8833 Gross Point Road and 8820
LeClaire Avenue

Areesha Properties, LLC, requests to amend the zoning map to change the zoning
district for 8833 Gross Point Road and 8820 LeClaire Avenue from M1 Office Assembly
Industry to B3 Business.

2019-25P – Subdivision: 8833 Gross Point Road and 8820 LeClaire Avenue

Areesha Properties, LLC, requests a resubdivision of 7 lots into 2 lots in a B3 Business
zoning district with a triangular-shaped right-of-way dedication adjacent to Gross Point
Road and a triangular-shaped right-of-way dedication adjacent to the north side of the
east-west alley, and any relief that may be discovered during the review of this case.

PINs: 10-16-431-001-0000, 10-16-431-002-0000, 10-16-431-003-0000, 10-16-431-004-
0000, 10-16-431-0005-0000, 10-16-431-006-0000, and 10-16-431-007-0000

Discussion and Interested Parties

Legal notice was advertised, posted, and delivered to property owners in the area as
prescribed by the Zoning Chapter. Corporation Counsel determined that notice was
proper and correct.

Imran Qadeer, property owner, Eric Ephraim, President of 1st Bank of Highland Park,
and David Putrus, Vice-President & Market Manager of the proposed Skokie Banking
Center, a division of 1st Bank of Highland Park, presented the case. They plan on
occupying a 1700 sq. foot tenant space on the 2nd floor in the office building at 8833
Gross Point Road for the banking center. They have been in existence since 1955 and
are one of the 5 largest private banks in Chicago. They are not a typical branch bank;
there is no drive-thru and they don’t anticipate much traffic. They are of the idea that it
is much safer not being on the 1st floor.

David Putrus added that they support the local communities and organizations. He is a
member of the Skokie Chamber of Commerce, an active member of the Chicago’s North
Shore Convention & Visitors Bureau, the Skokie Park District, the food pantry and Board
member of School District 219.

558537
A commissioner asked for more details of the building plan. There won’t be any
changes other than an ATM in the lobby. They are just occupying an office suite.

Will Wilson, Community Development intern, presented the re-zoning case and
requested that the report be entered into the record as written. They are asking for a
zoning change from M1 Office Assembly to B3 Business to allow more office uses. They
are surrounded by B2, B3 & R5 uses.

Mike Voitik, Associate Planner, presented the subdivision report. The existing 7 tax
parcels are all located in the same subdivision, however, the resubdivision is necessary
to have the building uses and parking lot on Lot 1 and the monopole & antenna on the
east side will be Lot 2 to bring the site into compliance with Village Code.

The request includes 2 dedications as well; one on Gross Point Road where part of the
public sidewalk crosses over private property and the other on the south side of the
property towards publicly used property. After the report was written, staff noticed
another small area needs to be dedicated at the southwest of the site at Enfield and
LeClaire and wished to amend the staff report to include it.

The chairman inquired if the monopole was active. It is active and can be updated and
maintained under the B3 zoning.

Janice Toth, 8834 Gross Point Road, arrived late and wanted a brief summary of the
case. She was concerned what the re-zoning would mean. Staff explained that nothing
will change that would affect her.

The petitioners had nothing more to add and are in agreement with the staff
recommendations.

Recommendations and Voting

Case 2019-024P
A commissioner made a motion to approve the request as presented to change the
zoning district for 8833 Gross Point Road and 8820 LeClaire Avenue from M1 Office
Assembly to B3 Business.

Motion: Franklin Second: Laxpati Absent: J. Burman
 M. Villegas


Ayes: 7
Nays: 0




558537
Case 2019-25P
A commissioner made a motion to approve the request as amended by staff for the
resubdivision of 7 existing lots into 2 new lots and the 3 adjacent land dedications.

Motion: S. Berman Second: Mitchell Absent: J. Burman
 M. Villegas


Ayes: 7
Nays: 0




558537
PLAN COMMISSION REPORT 2019-25P: Subdivision
Plan Commission Council Chambers, 8:00 PM September 3, 2019


To: Mayor and Board of Trustees
From: Paul Luke, Chairman
Case: 2019-25P: Subdivision
 8833 Gross Point Road and 8820 LeClaire Avenue

 Related Case – 2019-24P: Zoning Map Amendment

PLAN COMMISSION ANALYSIS
At its August 15, 2019, meeting, the Plan Commission heard the request of Areesha
Properties, LLC to resubdivide 7 lots into 2 lots in a B3 Business zoning district with a
triangular-shaped right-of-way dedication adjacent to Gross Point Road and a
triangular-shaped right-of-way dedication adjacent to the north side of the east-west
alley. Lot 1 will contain the office building and parking lot at 8833 Gross Point Road.
Lot 2 will contain the existing monopole antenna and associated equipment at 8820
LeClaire Avenue.
Two dedications of land were initially requested by staff as part of the subdivision. A
142.43’ x 142.47’ x 3.46’ triangular-shaped section adjacent to Gross Point Road is
being dedicated to the Illinois Department of Transportation in order to place a portion
of the existing public sidewalk within the right-of-way. A 43.91’ x 26.75’ x 19.92’
triangular-shaped section adjacent to the north side of the east-west alley is being
dedicated to the Village of Skokie in order to transfer a portion of the public alley that is
located on private property into the public right-of-way.
Subsequent to the preparation of the Staff Report, the surveyor indicated to staff that a
portion of the Village’s sidewalk resides within the northeast corner of the subject site.
As a result, staff requested that the Plan Commission’s recommendation be amended to
include a 57.90’ x 5.45’ x 61.54’ triangular-shaped dedication adjacent to the southwest
corner of Enfield Avenue and LeClaire Avenue.
The Plan Commission concurred with Staff’s recommendation to grant the subdivision
approval subject to conditions.

INTERESTED PARTIES
Legal notice was properly posted, advertised, and delivered to all property owners in
the area of the subject site as prescribed by the Zoning Chapter. No interested parties
spoke regarding the case.




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PLAN COMMISSION
RECOMMENDED CONDITIONS 2019-25P: Subdivision
Plan Commission Council Chambers, 8:00 PM, September 3, 2019


 1. Upon the passage of the ordinance by the Board of Trustees, the Mylar of the
 Areesha Properties LLC Resubdivision must be submitted to the Village with all
 signatures other than Village staff or elected officials.
 2. The Areesha Properties LLC Resubdivision shall be effective upon its recording by
 the Village in the Office of the Recorder of Deeds of Cook County, Illinois.
 3. All monuments must be set no later than 1 year after the date of the recording
 of the plat.
 4. If work is to be performed on public property or if public property is utilized or
 impacted during construction and or development, the owners must provide, or
 must cause the developer and/or contractor to provide, the Village of Skokie with
 a certificate of insurance naming the Village of Skokie as additionally insured for
 any and all claims related to any and all work. The owners shall hold, and shall
 cause the developer and/or contractor to hold, the Village of Skokie harmless
 and indemnify the Village for any and all claims for property damage or personal
 injury related to work on or use of public property.
 5. The petitioner must comply with all Federal and State statutes, laws, rules and
 regulations and all Village codes, ordinances, rules, and regulations.




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STAFF REPORT 2019-25P: Subdivision
Community Development Department Council Chambers, 7:30 PM, August 15, 2019


To: Paul Luke, Chairman, Skokie Plan Commission
From: Mike Voitik, Associate Planner
Re: 2019-25P: Subdivision
 8833 Gross Point Road and 8820 LeClaire Avenue

 Related Case – 2019-24P: Zoning Map Amendment

General Information
Location 8833 Gross Point Road and 8820 LeClaire Avenue
Purpose To resubdivide 7 lots into 2 lots in a B3 Business zoning district
 with a triangular-shaped right-of-way dedication adjacent to
 Gross Point Road and a triangular-shaped right-of-way dedication
 adjacent to the north side of the east-west alley, and any relief
 that may be discovered during the review of this case.
Petitioner Areesha Properties, LLC
Size of Site 55,900.61 square feet (1.283 acres) with frontage on Gross Point
 Road, LeClaire Avenue, and Enfield Avenue
Existing Zoning & B3 Business – multitenant office building containing bank,
Land Use insurance agency, financial institutions, property management
 companies, convention and visitor’s bureau, publisher,
 administrative office; non-public utility or non-government
 antenna
Adjacent Zoning & North R5 Elderly and Disabled Housing – elderly and disabled
Land Use housing
 South B3 Business – liquor store, vacant storefront, carryout
 restaurant, automotive fuel station
 East B3 Business/M1 Office Assembly Industry – car dealer,
 automotive repair facility
 West B2 Commercial – multitenant shopping center
 containing: limited service restaurant with outdoor
 dining, full service restaurant, business support service,
 vacant storefront, weight loss center, dry-cleaning and
 laundry establishment
 R3 Combined Housing – detached residences, 2-unit
 multifamily residences
Comprehensive Plan The site is designated as pedestrian oriented mix.

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SITE INFORMATION
 Public sidewalks run along Gross Point Road, LeClaire Avenue, and Enfield Avenue.
 Driveways provide access to the subject site from Enfield Avenue and the east-west
 public alley running to the south of the subject site.
 Overhead utilities run along a portion of the south side of the east-west alley.
 The site is directly served by the Pace 250 Dempster Street bus. The CTA Yellow
 Line Dempster-Skokie station is located a block to the east of the subject site.

PETITIONER’S SUBMITTAL
The petitioner is requesting to resubdivide 7 lots into 2 lots in a B3 Business zoning
district. Lot 1 will contain the office building and parking lot at 8833 Gross Point Road.
Lot 2 will contain the existing monopole antenna and associated equipment at 8820
LeClaire Avenue.
Two dedications of land are being requested by staff as part of the subdivision. A
142.43’ x 142.47’ x 3.46’ triangular-shaped section adjacent to Gross Point Road is
being dedicated to the Illinois Department of Transportation in order to place a portion
of the existing public sidewalk within the right-of-way. A 43.91’ x 26.75’ x 19.92’
triangular-shaped section adjacent to the north side of the east-west alley is being
dedicated to the Village of Skokie in order to transfer a portion of the public alley that is
located on private property into the public right-of-way.

STAFF ANALYSIS
Comments
All pertinent departments and divisions were offered an opportunity to comment on this
case. Other than the Planning Division comments below, all others did not respond or
approved the request without comment.

 Planning Division
 The Planning Division supports the proposed subdivision. Although the 7 parcels
 comprising the existing property are all located within one common subdivision, the
 resubdivision is necessary in order to create a new lot line that separates the office
 building’s usage of the property from the area that contains the antenna. The
 subdivision is required to be heard by the Plan Commission because it is being made
 in conjunction with a request to rezone the subject site from M1 Office Assembly
 Industry to B3 Business in companion case 2019-24P.




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STAFF RECOMMENDATIONS
Staff recommends that the petitioner’s request to resubdivide 7 lots into 2 lots in a B3
Business zoning district with a triangular-shaped right-of-way dedication adjacent to
Gross Point Road and a triangular-shaped right-of-way dedication adjacent to the north
side of the east-west alley, district be APPROVED subject to the conditions listed
below.

RECOMMENDED SUBDIVISION CONDITIONS
 1. Upon the passage of the ordinance by the Board of Trustees, the Mylar of the
 Areesha Properties LLC Resubdivision must be submitted to the Village with all
 signatures other than Village staff or elected officials.
 2. The Areesha Properties LLC Resubdivision shall be effective upon its recording by
 the Village in the Office of the Recorder of Deeds of Cook County, Illinois.
 3. All monuments must be set no later than 1 year after the date of the recording
 of the plat.
 4. If work is to be performed on public property or if public property is utilized or
 impacted during construction and or development, the owners must provide, or
 must cause the developer and/or contractor to provide, the Village of Skokie with
 a certificate of insurance naming the Village of Skokie as additionally insured for
 any and all claims related to any and all work. The owners shall hold, and shall
 cause the developer and/or contractor to hold, the Village of Skokie harmless
 and indemnify the Village for any and all claims for property damage or personal
 injury related to work on or use of public property.
 5. The petitioner must comply with all Federal and State statutes, laws, rules and
 regulations and all Village codes, ordinances, rules, and regulations.


ATTACHMENTS
1. Areesha Properties LLC Resubdivision, dated July 26, 2019
2. ALTA/NSPS Land Title Survey, dated February 14, 2019
3. Land Use and Zoning Map




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 Plan Commission Meeting Minutes
 Date: August 15, 2019

A motion was made by Commissioner S. Berman to approve the minutes of the August
1, 2019 Plan Commission meeting and seconded by Commissioner Laxpati. All voted
aye in unison.

As both cases are related, they were discussed together but voted on separately.


Case Description

2019-24P –Zoning Map Amendment: 8833 Gross Point Road and 8820
LeClaire Avenue

Areesha Properties, LLC, requests to amend the zoning map to change the zoning
district for 8833 Gross Point Road and 8820 LeClaire Avenue from M1 Office Assembly
Industry to B3 Business.

2019-25P – Subdivision: 8833 Gross Point Road and 8820 LeClaire Avenue

Areesha Properties, LLC, requests a resubdivision of 7 lots into 2 lots in a B3 Business
zoning district with a triangular-shaped right-of-way dedication adjacent to Gross Point
Road and a triangular-shaped right-of-way dedication adjacent to the north side of the
east-west alley, and any relief that may be discovered during the review of this case.

PINs: 10-16-431-001-0000, 10-16-431-002-0000, 10-16-431-003-0000, 10-16-431-004-
0000, 10-16-431-0005-0000, 10-16-431-006-0000, and 10-16-431-007-0000

Discussion and Interested Parties

Legal notice was advertised, posted, and delivered to property owners in the area as
prescribed by the Zoning Chapter. Corporation Counsel determined that notice was
proper and correct.

Imran Qadeer, property owner, Eric Ephraim, President of 1st Bank of Highland Park,
and David Putrus, Vice-President & Market Manager of the proposed Skokie Banking
Center, a division of 1st Bank of Highland Park, presented the case. They plan on
occupying a 1700 sq. foot tenant space on the 2nd floor in the office building at 8833
Gross Point Road for the banking center. They have been in existence since 1955 and
are one of the 5 largest private banks in Chicago. They are not a typical branch bank;
there is no drive-thru and they don’t anticipate much traffic. They are of the idea that it
is much safer not being on the 1st floor.

David Putrus added that they support the local communities and organizations. He is a
member of the Skokie Chamber of Commerce, an active member of the Chicago’s North
Shore Convention & Visitors Bureau, the Skokie Park District, the food pantry and Board
member of School District 219.

558537
A commissioner asked for more details of the building plan. There won’t be any
changes other than an ATM in the lobby. They are just occupying an office suite.

Will Wilson, Community Development intern, presented the re-zoning case and
requested that the report be entered into the record as written. They are asking for a
zoning change from M1 Office Assembly to B3 Business to allow more office uses. They
are surrounded by B2, B3 & R5 uses.

Mike Voitik, Associate Planner, presented the subdivision report. The existing 7 tax
parcels are all located in the same subdivision, however, the resubdivision is necessary
to have the building uses and parking lot on Lot 1 and the monopole & antenna on the
east side will be Lot 2 to bring the site into compliance with Village Code.

The request includes 2 dedications as well; one on Gross Point Road where part of the
public sidewalk crosses over private property and the other on the south side of the
property towards publicly used property. After the report was written, staff noticed
another small area needs to be dedicated at the southwest of the site at Enfield and
LeClaire and wished to amend the staff report to include it.

The chairman inquired if the monopole was active. It is active and can be updated and
maintained under the B3 zoning.

Janice Toth, 8834 Gross Point Road, arrived late and wanted a brief summary of the
case. She was concerned what the re-zoning would mean. Staff explained that nothing
will change that would affect her.

The petitioners had nothing more to add and are in agreement with the staff
recommendations.

Recommendations and Voting

Case 2019-024P
A commissioner made a motion to approve the request as presented to change the
zoning district for 8833 Gross Point Road and 8820 LeClaire Avenue from M1 Office
Assembly to B3 Business.

Motion: Franklin Second: Laxpati Absent: J. Burman
 M. Villegas


Ayes: 7
Nays: 0




558537
Case 2019-25P
A commissioner made a motion to approve the request as amended by staff for the
resubdivision of 7 existing lots into 2 new lots and the 3 adjacent land dedications.

Motion: S. Berman Second: Mitchell Absent: J. Burman
 M. Villegas


Ayes: 7
Nays: 0




558537

13302
MINUTES of a regular meeting of the Mayor and the Board of Trustees of the Village of
Skokie, Cook County, Illinois held in the Council Chambers at 5127 Oakton Street at 8
p.m. on Tuesday September 3, 2019

Pledge of Allegiance led by Cub Scout Pack #85 from Middleton School

The Mayor called the meeting to order.
The Clerk called the Roll. Those present were Roberts, Sutker, Ulrich, Bromberg, Klein, Gray-
Keeler and Mayor Van Dusen.

Motion to approve the Consent Agenda.
Moved: Trustee Klein Seconded: Trustee Gray-Keeler
Ayes: Roberts, Sutker, Ulrich, Bromberg, Klein, Gray-Keeler and Mayor Van Dusen
Nays: None.
Absent: None.
MOTION CARRIED

* Approve, as submitted, minutes of regular meeting held Monday, August 19, 2019.
Omnibus vote.

* Approve Voucher List #8-FY20 of September 3, 2019.
Omnibus vote.

Report of the Village Manager.
A. Proposed Oakton Street/Niles Avenue TIF and Downtown Science & Technology
TIF Amendment Ordinances.
The three Ordinances describe the proposed Oakton Street/Niles Avenue Redevelopment Plan
and Project, the use of TIF financing for the Plan/Project and the Project Area. The is the
First Reading and Second reading of the Ordinances and approval will be on the September 16th
Board Meeting.

B. Intergovernmental Agreement with School District 69 Concerning Implementation of Oakton
Street/Niles Avenue Redevelopment Area.
Manager Lockerby answered questions from the Board.
Resolution 19-9-R-1437
Motion to approve the Intergovernmental agreement with School District 69 concerning
implementation of Oakton Street/Niles Avenue Redevelopment Area.
Moved: Trustee Ulrich Seconded: Trustee Roberts
Ayes: Roberts, Sutker, Ulrich, Bromberg, Klein, Gray-Keeler and Mayor Van Dusen
Nays: None.
Absent: None.
MOTION CARRIED

C. Resolution and Lease of Central Park Avenue.
Resolution 19-R-1438
Motion to concur with the Village Manager to adopt A Resolution approving and authorizing a
ground lease with Skokie Commerce Center, Inc. for the property located adjacent to 3639
Howard Street, Skokie Illinois.
Moved: Trustee Bromberg Seconded: Trustee Gray-Keeler
Ayes: Roberts, Sutker, Ulrich, Bromberg, Klein, Gray-Keeler and Mayor Van Dusen
Nays: None.
Absent: None.
MOTION CARRIED
13303
Meeting of the Mayor and Board of Trustees
Tuesday September 3, 2019 Page Two

Resolution 19-9-R-1439
Motion to adopt a Resolution approving and authorizing a letter of agreement for engineering
services with Gewalt Hamilton Associates, Inc. for the Oakton Terrace/Lamon Avenue
Improvement project in the amount of $209,000.
Moved: Trustee Sutker Seconded: Trustee Roberts
Ayes: Roberts, Sutker, Ulrich, Bromberg, Klein, Gray-Keeler and Mayor Van Dusen
Nays: None.
Absent: None.
MOTION CARRIED

E. Proposed Oakton Street Multi-Use Path Intergovernmental Agreement with the
Villages of Morton Grove and Niles for Phase I and II Engineering.
Resolution 19-9-R-1440
Motion to approve a Resolution approving and authorizing an intergovernmental agreement with
the Village of Morton Grove and the Village of Niles for a multiuse trail design project on
Oakton Street from Gross Point road to West of Caldwell Avenue.
Moved: Trustee Klein Seconded: Trustee Bromberg
Ayes: Roberts, Sutker, Ulrich, Bromberg, Klein, Gray-Keeler and Mayor Van Dusen
Nays: None.
Absent: None.
MOTION CARRIED

Mayor stated that the Plan Commission Cases would be taken before the Corporation Counsel’s
agenda.

Plan Commission.
A. Plan Commission Case 2019-22P – Zoning Chapter Amendment: Cannabis
Dispensing Organization.
Motion to concur with the Plan Commission that Chapter 118 Zoning of the Skokie
Village Code concerning Cannabis Dispensing Organization be approved subject to all
conditions.
Moved: Trustee Ulrich Seconded: Trustee Sutker
Ayes: Roberts, Sutker, Ulrich, Bromberg, Klein, Gray-Keeler and Mayor Van Dusen
Nays: None.
Absent: None.
MOTION CARRIED

B. Plan Commision Case 2019-24P - Zoning Map Amendment: 8833 Gross Point
Road and 8820 LeClaire Avenue.
Motion to concur with the Plan Commission to amend the zoning map to change the
zoning district for 8833 Gross Point Road, 8820 Leclaire Avenue from M1 Office
Assembly Industry to B3 Business subdivision 8833 Gross Point Road and 8820 LeClaire
Avenue subject to all conditions.
Moved: Trustee Roberts Seconded: Trustee Sutker
Ayes: Roberts, Sutker, Ulrich, Bromberg, Klein, Gray-Keeler and Mayor Van Dusen
Nays: None.
Absent: None.
MOTION CARRIED

C. Plan Commission Case 2019-25P - Subdivision: 8833 Gross Point Road and
8820 LeClaire Avenue.
Motion to cponcur with the Plan Commission petitioner’s request to resubdivide 7 lots
into 2 lots with a triangular-shaped right-of-way dedication adjacent to Gross Point Road,
a triangular-shaped right-of-way dedication adjacent to the north side of the east-west
alley, and a triangular-shaped dedication adjacent to the southwest corner of Enfield
Avenue and Leclaire Avenue in a B3 Business zoning district be approved subject to all
conditions.
 13304
Meeting of the Mayor and Board of Trustees
Tuesday September 3, 2019 Page Three

Moved: Trustee Klein Seconded: Trustee Gray-Keeler
Ayes: Roberts, Sutker, Ulrich, Bromberg, Klein, Gray-Keeler and Mayor Van Dusen
Nays: None.
Absent: None.
MOTION CARRIED

Report of the Corporation Counsel.
CONSENT
*A. Ordinance, 2019-18P, Granting Site Plan Approval for a Planned Development, 7401
Lincoln Avenue.
Ordinance19-9-Z-4481
Motion to approve an Ordinance granting site plan approve for a Planned Development at 7401
Lincoln Avenue.
Omnibus vote.

FIRST READING
B. Ordinance, Code Amendment, Chapter 11, Cannabis Licensing.
C. Ordinance, Code Amendment, Chapter 98, Municipal Cannabis Retailers’ Occupation Tax.
These Ordinance are on First Reading and will be on the September 16th Agenda for 2nd
Reading and adoption.
Corporation Lorge answered questions from the Board and spoke about cannabis
licensing, retail sales and the sales tax on retail sales of cannabis.

Citizen Comments. None




Adjournment.
Motion to adjourn at 8:45 p.m.
Moved: Trustee Bromberg Seconded: Trustee Roberts
Ayes: Roberts, Sutker, Ulrich, Bromberg, Klein, Gray-Keeler and Mayor Van Dusen
Nays: None.
Absent: None.
MOTION CARRIED



 -----------------------------------------------
 Pramod Shah, Village Clerk




Approved:
-------------------------------------------
Mayor George Van Dusen
13305
Meeting of the Mayor and Board of Trustees
Tuesday September 3, 2019 Page Four