Board of Trustees — Skokie, IL
Date: 2012-01-03

TUESDAY, JANUARY 3, 2012 – 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 December 19, 2011.

* 5. Approve Voucher List #16-FY12 of January 3, 2012.

* 6. Proclamations and Resolutions.
 A. Martin Luther King Day – January 16, 2012

 7. Recognition, Presentations and Awards.

  8. Appointments, Reappointments and Resignations.
 A.  Swearing in of the following personnel by the Board of Fire and Police:
 Name Old Position New Position
 Kimberly Iwanicki New Hire Police Officer
 *B. Reappointments:
 Centre East Authority Board (Three-Year Term): Daniel Kelch, Barbara Reeder
 Plan Commission (Four-Year Term): Dakshes Laxpati, Mort Paradise
 Zoning Board of Appeals (Four-Year Term): Sharon Roos Kirkpatrick, David Solovy,
 Richard Perlin, Alan Gerstner
 *C. Resignations:
 Board of Health: Dr. Marilyn Wideman
 Cable Television Advisory Commission: Murray Arnow
 Commission on Family Services: Mark Collins, Richard Marcus
 Public Safety Commission: David Putrus
  9. Report of the Village Manager.
 * A.  Bid Report - Photocopy Equipment for Village Hall – Image Systems & Business Solutions
 (ISBS), Chicago, IL - $27,170.
 B.  Request for Executive Session.

 10. Report of the Corporation Counsel.
 CONSENT:
 *A. An ordinance amending Chapter 10, Section 10-33, of the Skokie Village Code pertaining to
 the retail sale and regulation of alcoholic liquor in the Village of Skokie. This item is on the
 consent agenda for second reading and adoption.
 *B. An ordinance approving a plat of dedication for Elmwood Street between Warren Street and
 Searle Parkway, Skokie, Illinois in a CX Core Mixed-use district. This item is on the consent
 agenda for second reading and adoption.
 *C An ordinance granting a special use permit to allow outdoor displays of vehicles at Westfield
 Old Orchard Shopping Center, 4801-4999 Old Orchard Center, Skokie, Illinois in a B4
 Regional Shopping district, an R1 Single-Family Residential district and a B1 Service
 Commercial district (2011-21(A)P). This item is on the consent agenda for second reading
 and adoption.
 * D. An ordinance granting site plan approval for a planned development for a portion of
 Westfield Old Orchard Shopping Center at 4801-4999 Old Orchard Center, Skokie, Illinois in
 a B4 Regional Shopping district and an R1 Single-Family Residential district, and relief from
393782
 certain sections of Chapters 82 and 118 of the Skokie Village Code (2011-22P). This item is
 on the consent agenda for second reading and adoption.
 *E. An ordinance granting a special use permit to establish and operate a motor vehicle hand
 car wash in the parking garage located beneath 4905 Old Orchard Center, Skokie, Illinois in
 a B4 Regional Shopping district (2011-23P). This item is on the consent agenda for second
 reading and adoption.
 *F. An ordinance granting a special use permit to allow outdoor vending machines at Westfield
 Old Orchard Shopping Center, 4999 Old Orchard Center, Skokie, Illinois in a B4 Regional
 Shopping district (2011-24P). This item is on the consent agenda for second reading and
 adoption.
 *G. An ordinance granting a special use permit to allow motor vehicle sales with outdoor vehicle
 storage at Westfield Old Orchard Shopping Center, 4999 Old Orchard Center, Skokie,
 Illinois in a B4 Regional Shopping district (2011-25P). This item is on the consent agenda
 for second reading and adoption.
  SECOND READING:
 H. An ordinance granting site plan approval for a planned development for a portion of
 Westfield Old Orchard Shopping Center at 4801-4999 Old Orchard Center, Skokie, Illinois in
 a B4 Regional Shopping district, an R1 Single-Family Residential district, and a B1 Service
 Commercial district, relief from certain sections of Chapter 82 of the Skokie Village Code
 pertaining to signage and certain sections of Chapter 118 pertaining to parking regulations,
 and repeal of Village Ordinance Numbers 76-11-Z-964, 86-11-Z-1837, 89-4-Z-2024, 90-9-Z-
 2177, 90-12-Z-2193, 91-12-Z-2255, 92-2-Z-2269, 92-11-Z-2328, 93-6-Z-2363, 93-12-Z-
 2399, 94-6-Z-2432, 96-7-Z-2604, 98-6-Z-2759, 00-4-Z-2888, 06-4-Z-3427, 07-8-Z-3535, 07-
 8-Z-3536, 07-8-Z-3537, 07-11-Z-3560, 08-5-Z-3617, 08-5-Z-3618, and 09-11-Z-3716 (2011-
 21P). This item is on the agenda for second reading and adoption.

  11. Unfinished Business.

 12. New Business.

 13. Plan Commission.

 14. 2012-13 Community Development Block Grant Public Hearing #2.

 15. Citizen Comments.

 16. Adjournment.




393782
 WHEREAS, Martin Luther King, Jr. devoted his life to the advancement of civil
rights and public services; and


 WHEREAS, Dr. King recognized that greatness can be achieved through the
service of his or her fellow man; and


 WHEREAS, during his lifetime, Dr. King encouraged all Americans to serve
their neighbors and work to better their communities through peace and harmony; and


 WHEREAS, the citizens of Skokie honor Dr. King’s legacy each year with a
day of remembrance in January that focuses on bringing people together to break down
the barriers that divide our state and nations; and


 WHEREAS, thousands of Illinois citizens use Martin Luther King Day as a day
dedicated to community service and fulfilling Dr. King’s dream.


 NOW, THEREFORE, I, GEORGE VAN DUSEN, Mayor of the Village of
Skokie, do hereby proclaim January 16, 2012, as


 “MARTIN LUTHER KING DAY”


in the Village of Skokie, and do urge every resident of this Village to observe this week
in honor of Dr. Martin Luther King.


 Passed this 3rd day of January 2012


 ___________________________________
 George Van Dusen
 Mayor

_________________________________
Marlene Williams
Village Clerk




59338
 st
 JPH: 12/19/11 1 Reading
 A
 *1/3/12


 THIS ORDINANCE MAY BE CITED AS
 VILLAGE ORDINANCE NUMBER

 12-1-C-

 AN ORDINANCE AMENDING CHAPTER 10, SECTION 10-33, OF THE
 SKOKIE VILLAGE CODE PERTAINING TO THE RETAIL SALE AND
 REGULATION OF ALCOHOLIC LIQUOR IN THE VILLAGE OF SKOKIE

 1 WHEREAS, Chapter 10 of the Skokie Village Code provides for the retail sale and
 2 regulation of alcoholic liquor in the Village of Skokie; and

 3 WHEREAS, in accordance with the Illinois Liquor Control Act and the Skokie Village Code
 4 (‘Code”), the Mayor is charged with the duties of Local Liquor Control Commissioner and is
 5 generally responsible for the regulation of the retail sale of alcoholic liquor; and

 6 WHEREAS, currently, the Code provides that Licensees may commence alcohol sales on
 7 Sundays at 10:00 AM. In the last couple years, the Liquor Control Commissioner has received
 8 several requests from Licensees to allow sales to begin at 8:00 AM on Sundays. These requests
 9 have come from the Licensees who sell packaged liquor; and

10 WHEREAS, a survey of area municipalities indicated that several surrounding
11 communities provided for the sale of liquor on Sundays at 8:00 AM; and

12 WHEREAS, in light of the Village’s efforts to promote economic activity and to support
13 business retention and development in the Village, the Mayor recommends amending the Code to
14 allow the retail sale of alcoholic liquor at 8:00 AM on Sundays instead of the current 10:00 AM;
15 and

16 WHEREAS, the Mayor recommended to the Board of Trustees that Chapter 10, Section
17 10-33, of the Skokie Village Code be amended accordingly; and

18 WHEREAS, the Mayor and Board of Trustees at a public meeting duly held on January 3,
19 2012, concurred in the aforesaid recommendation of the Mayor; and

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

22 Section 1: That Chapter 10, Section 10-33, of the Skokie Village Code be and the
23 same is hereby amended in the manner hereinafter indicated. The new material is highlighted in
24 bold and the material to be deleted is highlighted and stricken through.

25 Chapter 10 ALCOHOLIC LIQUOR*
26 …
27 Sec. 10-33. Serving hours.




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 VOSDOCS-#392799-v1-Ordinance__Code_Amendment__Chapter_10__Liquor_Code__Sale_Hours
 1 (a) No licensee, or officer, associate, member, representative, agent or employee of such
 2 licensee, shall permit to be consumed on the premises, sell or give away any alcoholic liquor after
 3 the following hours:

 4 TABLE INSET:
 Monday through Friday: 2:00 a.m.

 Saturday: 3:00 a.m.

 Sunday: 3:00 a.m.

 5

 6 No licensee shall sell or serve before the following hours:

 7 TABLE INSET:
 Monday through Friday: 7:00 a.m.

 Saturday: 7:00 a.m.

 Sunday: 10:00 8:00 a.m.

 8

 9 (b) On January 1st of each year, any licensee may permit to be consumed on the premises,
10 sell or give away any alcohol to any patron within the establishment until 5:00 a.m., provided,
11 however, that no new patrons shall be admitted to the licensed premises after 3:00 a.m. If January
12 1st occurs on a Sunday, all selling or giving away of liquor shall cease at 3:00 a.m.

13 (c) Every licensee under this chapter shall cause all lights of all outside advertising display or
14 illuminating signs to be turned off at the time upon which the consumption of alcohol must cease.

15 Section 2: That this Ordinance shall be in full force and effect from and after its
16 passage, approval and publication in pamphlet form as provided by law.
 ADOPTED this day of January, 2012.

 Ayes:
 Nays: Village Clerk
 Absent:

 Attested and filed in my office Approved by me this day of
 this day of January 2012; January, 2012.
 and published in pamphlet form
 according to law from January ,
 2012 to January , 2012.
 Mayor, Village of Skokie


 Village Clerk
17




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 B
 st
 JPH: 12/19/11 1 reading
 *1/3/12


 THIS ORDINANCE MAY BE CITED AS
 VILLAGE ORDINANCE NUMBER
 12-1-Z-


 AN ORDINANCE APPROVING A PLAT OF DEDICATION FOR
 ELMWOOD STREET BETWEEN WARREN STREET AND SEARLE
 PARKWAY, SKOKIE, ILLINOIS IN A CX CORE MIXED-USE DISTRICT

 1 WHEREAS, this ordinance will dedicate for use as a public right of way to the Village
 2 of Skokie, a parcel of real property legally described as follows:

 3 THE PARCELS OF LAND LABELED AS “A”, “B”, “C”, AND “D” AS SHOWN ON THE
 4 PLAT OF SUBDIVISION OF THE WEST HALF OF THE SOUTHWEST QUARTER
 5 OF SECTION 22, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD
 6 PRINCIPAL MERIDIAN, RECORDED AUGUST 5, 1897 AS DOCUMENT 2572478, IN
 7 COOK COUNTY, ILLINOIS.

 8 PIN: 10-21-411-022-0000

 9 more commonly known as Elmwood Street between Warren Street and Searle Parkway,
10 Skokie, Illinois (hereinafter the “Subject Property”); and

11 WHEREAS, the Subject Property is in a CX Core Mixed-use district, for which the
12 Village of Skokie, acting as Procurator, is declaring the dedication of the Subject Property to
13 the Village of Skokie, specifically as public right of way for the purpose of utilization as a
14 public street, as depicted on the “Plat of Dedication“, dated July 2, 2010, and subsequently
15 revised July 28, 2010, a copy of which is attached hereto as Exhibit “1”; and

16 WHEREAS, the Subject Property consists of 4 parcels of land as depicted on the
17 Plat of Dedication attached hereto as Exhibit “1”, and shown on the aerial photograph
18 attached hereto as Exhibit “2”, and generally described as follows:
19 (i) Parcel A – a parallelogram-shaped parcel measuring 34.21 feet on the north
20 side, 403.12 feet on the east side, 35.78 feet on the south side, and 407.80
21 feet on the west side;
22 (ii) Parcel B - a parallelogram-shaped parcel measuring 35.78 feet on the north
23 side, 119.45 feet on the east side, 35.78 feet on the south side, and 119.46
24 feet on the west side;
25 (iii) Parcel C – a rectangular-shaped parcel measuring 33.00 feet on the north
26 and south sides and 106.26 feet on the east and west sides;
27 (iv) Parcel D - a six-sided parcel measuring 33.71 feet on the north side, 33.00
28 feet on the south side, 631.46 on the northeast side, 106.59 on the southeast



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 VOSDOCS-#380585-v1-Ordinance__Plat_of_Dedication__Elmwood_Street__between_Warren_and_Searle_Parkway
 1 side, 632.08 feet on the northwest side, and 112.18 feet on the southwest
 2 side; and

 3 WHEREAS, the Subject Property is currently being utilized as a public street, but
 4 has never been specifically dedicated and accepted for that public purpose. This ordinance
 5 will achieve that objective; and

 6 WHEREAS, the Plat of Subdivision encompassing the Subject Property was
 7 recorded in 1897 and contained language granting a conditional dedication of the Subject
 8 Property. It states in part as follows; “[Subject Property] to be dedicated to the public as a
 9 street whenever the owner of Lot 37 dedicates the E. 33’ of said Lot 37 for a public street”;
10 and

11 WHEREAS, the property owner of Lot 37, as shown on Exhibit “1”, dedicated the
12 requisite portion Lot 37, (the east 33 feet) on April 11, 2011, pursuant to Village Ordinance
13 Number 10-11-Z-3794; and

14 WHEREAS, the Village of Skokie, in the position of Procurator, has made the
15 determination that based upon the dedication of Lot 37, as specified and accepted in Village
16 Ordinance Number 10-11-Z-3794, the Subject Property has been dedicated, however, this
17 ordinance will accept, approve and record the triggered dedication; and

18 WHEREAS, the Community Development Director reviewed the Plat of Dedication
19 and has determined that the dedication meets all Village requirements and has
20 recommended its acceptance, as indicated in his memorandum dated May 9, 2011; and

21 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on
22 December 19, 2011, concurred in the aforesaid recommendation of the Skokie Plan
23 Commission.

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

26 Section 1: That the above stated Recitals are restated and incorporated as if
27 stated in full.

28 Section 2: That the dedication of the Subject Property, legally described above
29 and commonly known as Elmwood Street, between Warren Street and Searle Parkway,
30 Skokie, Illinois, in a CX Core Mixed-use district, as depicted on the “Plat of Dedication”,
31 dated July 2, 2010, and subsequently revised July 28, 2010, for the specific public purpose
32 of utilization as a public street, be and the same is hereby approved.

33 Section 3: That the “Plat of Dedication”, dated July 2, 2010, and subsequently
34 revised July 28, 2010, attached as “Exhibit 1”, except as it may be revised subject to the
35 approval of the Corporation Counsel and the Village Manager or designee, be and the same
36 is hereby accepted. The Plat shall be recorded with the Cook County Recorder of Deeds
37 Office.

38 Section 4: That this Ordinance shall be in full force and effect from and after its
39 passage, approval and recordation as provided by law.
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 VOSDOCS-#380585-v1-Ordinance__Plat_of_Dedication__Elmwood_Street__between_Warren_and_Searle_Parkway
 1 ADOPTED this day of January 2012.
 2
 3
 4 Ayes: Village Clerk
 5 Nays:
 6 Absent: Approved by me this
 7 day of January 2012.
 8 Attested and filed in my office
 9 this day of January, 2012.
10
11
12
13 Village Clerk Mayor, Village of Skokie
14




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 VOSDOCS-#380585-v1-Ordinance__Plat_of_Dedication__Elmwood_Street__between_Warren_and_Searle_Parkway
Exhibit 1
Exhibit 2
 JPH: *1/3/12
 C
 PC: 2011-21(A)P
 SUP: 425.01
 THIS ORDINANCE MAY BE CITED AS
 VILLAGE ORDINANCE NUMBER

 12-1-Z-


 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW
 OUTDOOR DISPLAYS OF VEHICLES AT WESTFIELD OLD ORCHARD
 SHOPPING CENTER, 4801-4999 OLD ORCHARD CENTER, SKOKIE,
 ILLINOIS IN A B4 REGIONAL SHOPPING DISTRICT, AN R1 SINGLE-
 FAMILY RESIDENTIAL DISTRICT, AND
 A B1 SERVICE COMMERCIAL DISTRICT

 1 WHEREAS, Old Orchard Urban Limited Partnership (hereinafter “Westfield”), the
 2 beneficial owner of the following described real property:

 3 LOT 1 (EXCEPT THAT PART DEDICATED FOR ROADWAY PURPOSES PER
 4 DOCUMENT NO.95633016), LOTS 2, 3, 4, 6, 7, 8, 9, 10, 12, AND 13 IN OLD ORCHARD
 5 RESUBDIVISION NO. 1 BEING A SUBDIVISION OF PART OF OLD ORCHARD
 6 SUBDIVISION, PART OF BLOCK 1 IN NILES CENTER HEIGHTS, AND BLOCKS 1, 2
 7 AND A PART OF BLOCK 3 IN HARMSWOOD MANOR TOGETHER WITH VARIOUS
 8 VACATED STREETS AND ALLEYS THEREOF, TOGETHER WITH THE VACATED 16
 9 FOOT ALLEY PER DOCUMENT NO. 95808783 IN THE SOUTHEAST ¼ OF SECTION 9,
10 TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
11 COOK COUNTY, ILLINOIS;
12 EXCEPTING THEREFROM THAT PART CONVEYED TO COUNTY OF COOK BY
13 TRUSTEES DEED RECORDED JUNE 5, 2009 AS DOCUMENT 0915634086; AND ALSO
14 EXCEPTING THEREFROM LOTS 5 AND 11.
15 PINS: 10-09-411-071 THROUGH 10-09-411-082, 10-09-423-044

16 more commonly described as a portion of Westfield Old Orchard Shopping Center, 4801-
17 4999 Old Orchard Center, Skokie, Illinois (the “Subject Property”), in a B4 Regional
18 Shopping district, an R1 Single-Family Residential district, and a B1 Service Commercial
19 district, petitioned the Village of Skokie for Site Plan Approval modification in Plan
20 Commission Case number 2011-21P;and

21 WHEREAS, as part of it’s requested site plan modifications in Plan Commission Case
22 2011-21P, Westfield proposed to increase the number of allowed display locations for motor
23 vehicles from three to four, in accordance with the Car Display Site Plan, dated December
24 6, 2011, and attached hereto as Exhibit “1”; and

25 WHEREAS, the three outdoor display areas for vehicles currently within the mall’s
26 common area were previously approved pursuant to Village Ordinance Number 09-11-Z-3716;
27 and

28 WHEREAS, the outdoor display of vehicles is a special use, pursuant Section 118-
29 141(b)(2)a3 of the Skokie Village Code, and the Skokie Plan Commission recommended that

 Page 1 of 3
 VOSDOCS-#393175-v1-Ordinance__2011-21(A)P__SUP__Car_Displays__Westfield_Old_Orchard_Shopping_Center
 1 this issue should be separated from the Site Plan Approval and presented in a separate
 2 special use ordinance. This would allow future modifications to the special use permit to be
 3 addressed without the need to reopen the site plan approval case; and

 4 WHEREAS, the Plan Commission, held a public hearing on October 6, 2011, for
 5 which proper legal notice had been achieved for Plan Commission Case 2011-21P, and no
 6 testimony was offered objecting to the motor vehicle display areas; and

 7 WHEREAS, after all testimony on Case 2011-21P, the Plan Commission (a) made
 8 the appropriate findings of fact as required under Section 118-32 of the Skokie Village Code
 9 and (b) voted to recommend to the Mayor and Board of Trustees that a special use permit
10 be granted to allow the outdoor display of vehicles within Subject Property, subject to the
11 relevant conditions contained in the Plan Commission Report, dated November 21, 2011;
12 and

13 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on
14 November 21, 2011, concurred in the aforesaid recommendations and findings of fact of the
15 Skokie Plan Commission;

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

18 Section 1: That the above stated Recitals are restated and incorporated as if stated
19 in full.

20 Section 2: That a special use permit to allow the outdoor display of vehicles within
21 the Subject Property, described above and commonly known as a portion of Westfield Old
22 Orchard Shopping Center, 4801-4999 Old Orchard Center, Skokie, Illinois, in a B4 Regional
23 Shopping district, an R1 Single-Family Residential district, and a B1 Service Commercial
24 district, be and the same is hereby granted and approved, subject to each of the conditions set
25 forth below:

26 1. Four locations for the outdoor display of vehicles are authorized on the
27 Subject Property, in substantial conformance with the final Village approved
28 Car Displays Site Plan, dated December 6, 2011;
29 2. The display equipment and signage shall be removed from the locations and
30 public areas of the mall when not being actively used;
31 3. The display locations shall not contain lighting other than what is needed to
32 internally operate the display. No utilities other than electricity may be utilized;
33 4. There shall be a distance of 10 feet between the display and any other
34 obstructions; and
35 5. There shall not be any vehicle sales at the display locations.

36 Section 3: That a notice of the approval of this Ordinance incorporating the
37 conditions contained herein shall be executed by the owner of the property in writing and
38 duly recorded with the Cook County Recorder of Deeds Office at the owner’s expense.



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 VOSDOCS-#393175-v1-Ordinance__2011-21(A)P__SUP__Car_Displays__Westfield_Old_Orchard_Shopping_Center
 1 Section 4: That this Ordinance shall be in full force and effect from and after its
 2 passage, approval and recordation as provided by law.
 3 ADOPTED this day of January 2012.
 4
 5 Village Clerk
 6 Ayes:
 7 Nays:
 8 Absent:
 9 Approved by me this day of
10 Attested and filed in my January 2012.
11 office this day of
12 January 2012.
13
14 Mayor, Village of Skokie
15
16 Village Clerk
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38




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 VOSDOCS-#393175-v1-Ordinance__2011-21(A)P__SUP__Car_Displays__Westfield_Old_Orchard_Shopping_Center
Exhibit 1
 JPH: *1/3/12
 D
 PC: 2011-22P
 SPA: 1.31
 THIS ORDINANCE MAY BE CITED AS
 VILLAGE ORDINANCE NUMBER

 12-1-Z-


 AN ORDINANCE GRANTING SITE PLAN APPROVAL FOR A PLANNED
 DEVELOPMENT FOR A PORTION OF WESTFIELD OLD ORCHARD
 SHOPPING CENTER AT 4801-4999 OLD ORCHARD CENTER, SKOKIE,
 ILLINOIS IN A B4 REGIONAL SHOPPING DISTRICT AND AN R1 SINGLE-
 FAMILY RESIDENTIAL DISTRICT, AND RELIEF FROM CERTAIN
 SECTIONS OF CHAPTERS 82 AND 118 OF THE SKOKIE VILLAGE CODE
 1 WHEREAS, Macy’s Retail Holdings, Inc., the beneficial owner of the following described
 2 real property:

 3 LOTS 5 AND 11 IN OLD ORCHARD RESUBDIVISION NO. 1 BEING A SUBDIVISION OF
 4 PART OF OLD ORCHARD SUBDIVISION, PART OF BLOCK 1 IN NILES CENTER
 5 HEIGHTS, AND BLOCKS 1, 2 AND A PART OF BLOCK 3 IN HARMSWOOD MANOR
 6 TOGETHER WITH VARIOUS VACATED STREETS AND ALLEYS THEREOF,
 7 TOGETHER WITH THE VACATED 16 FOOT ALLEY PER DOCUMENT NO. 95808783 IN
 8 THE SOUTHEAST ¼ OF SECTION 9, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE
 9 THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS;
10 EXCEPTING THEREFROM THAT PART CONVEYED TO COUNTY OF COOK BY
11 TRUSTEES DEED RECORDED JUNE 5, 2009 AS DOCUMENT 0915634086.
12 PINS: 10-09411-075, 10-09-411-080

13 more commonly described as a portion of Westfield Old Orchard Shopping Center, 4801-4999 Old
14 Orchard Center, Skokie, Illinois (hereinafter “Subject Property”), in a B4 Regional Shopping district
15 and an R1 Single-Family Residential district, petitioned the Village of Skokie for site plan approval
16 for a planned development to replace the existing site plan for a portion of Westfield Old Orchard
17 Shopping Center; and

18 WHEREAS, Westfield Old Orchard Shopping Center is a retail shopping center currently
19 operating under an amended site plan as a planned development; and

20 WHEREAS, the Subject Property generally includes Macy’s, Frontera Fresco Restaurant,
21 certain surface parking on the east and west ends of the Subject Property, the Red (4807 Old
22 Orchard Center) parking deck, and the Green (4989 Old Orchard Center) parking deck. The
23 remainder of the shopping center is under separate ownership and is addressed in a separate
24 companion site plan approval case, Plan Commission case 2011-21P; and

25 WHEREAS, the modifications proposed for the Subject Property include:
26 i. replacing, adding, and increasing the size of signage,
27 ii. adding valet pickup and drop-off areas,
28 iii. modifying the number and location of valet parking spaces,


 Page 1 of 6
 VOSDOCS-#392488-v1-Ordinance__2011-
 22P__Site_Plan_Approval__Westfield_Old_Orchard_Shopping_Center_(Macy_s)__4801-4999_Old_Orchard_Center
 1 iv. additional common sense modifications focusing on building footprints, square
 2 footage of leasable area, traffic circulation, vehicle and bike parking, and exterior
 3 landscaping and other minor improvements; and

 4 WHEREAS, in addition to the site plan approval, the petitioner is seeking relief from certain
 5 sections of Chapter 82 and Chapter 118 of the Skokie Village Code; and

 6 WHEREAS, at the Skokie Plan Commission public hearing, duly held on October 6, 2011,
 7 one interested party spoke who overall supported the modifications but whose primary concern
 8 was congestion on Lawler Avenue and wanted to confirm there will be no curb cuts on Lawler
 9 Avenue. Staff confirmed that a prohibition on curb cuts on Lawler Avenue was part of their
10 recommendation to the Plan Commission; and

11 WHEREAS, after hearing all testimony, the Skokie Plan Commission (i) determined that
12 proper legal notice had been achieved, (ii) made the appropriate findings of fact in the affirmative,
13 as required under Section 118-32 of the Skokie Village Code, and (iii) voted to recommend to the
14 Mayor and Board of Trustees that:
15 (a) the requested site plan approval for a planned development be granted, subject to the
16 conditions contained in the Plan Commission Report dated November 21, 2011,
17 (b) relief be granted from certain sections of Chapter 82 of the Skokie Village Code which
18 coincide with the “Westfield Old Orchard Exterior Planning Concept – Site Signage” package,
19 dated August 3, 2011, and revised August 5, 2011, as submitted to the Plan Commission and
20 approved by the Appearance Commission on August 24, 2011; and

21 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on November
22 21, 2011, voted to concur in the aforesaid recommendations and findings of fact of the Skokie Plan
23 Commission;

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

26 Section 1: That the site plan approval for a planned development requested by the
27 petitioner to replace the existing site plan for a portion of Westfield Old Orchard Shopping Center,
28 at the property legally described above and commonly known as 4801-4999 Old Orchard Center,
29 in a B4 Regional Shopping district, and R1 Single-Family Residential district, and a B1 Service
30 Commercial district, is hereby granted and approved, subject to each of the conditions set forth
31 below:
32 1. The petitioner shall develop the Subject Property in substantial conformance with the final
33 Village approved Master Site Plan, dated December 6, 2011, a copy of which is attached
34 hereto as Exhibit “A”;
35 2. Signage is approved for the locations, sign types, and sign sizes, as approved by the
36 Appearance Commission and as indicated by the “Westfield Old Orchard Exterior Planning
37 Concept – Site Signage” package, dated August 3, 2011 and revised August 5, 2011. All
38 signage shall conform to the details of the sign package with the same title, approved by the
39 Appearance Commission on August 24, 2011 (case 11-028A);
40 3. Site plan approval amendments are not required to add or remove outdoor dining areas that
41 comply with the provisions of the Village Code and building footprints are not modified from
42 the approved site plan;


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 22P__Site_Plan_Approval__Westfield_Old_Orchard_Shopping_Center_(Macy_s)__4801-4999_Old_Orchard_Center
 1 4. Site plan approval amendments to this plan are not required for the following items that are
 2 deemed by the Village Manager or designee to be in common areas within the center that
 3 are either between commercial buildings or generally not visible from the public right-of-way:
 4 a. Modifications to outdoor improvements or amenities that are consistent with the quality,
 5 design, or intent represented with the plans and materials filed with and approved by the
 6 Village Manager or designee, and
 7 b. Modifications to landscaping. However, all landscaping must be maintained, including
 8 trimming, and watering, and replacing of dead plant materials in a timely manner;
 9 5. Curb cuts from the subject property to Lawler Avenue are prohibited;
10 6. The petitioner must operate the valet service, including valet pick-up, drop-off, parking, and
11 travel paths, in substantial conformance with “Approved and Proposed Valet Locations and
12 Travel Paths,” dated June 10, 2011. Valet parking areas shall be limited to the areas
13 identified on the approved site plan;
14 7. Sufficient valet staff shall be provided to provide efficient movement of vehicles so that traffic
15 on the road in front of the valet areas is not impeded;
16 8. Valet parking areas shall be identified by signs as ”valet parking only” with valet parking
17 areas at the southeast corner of the site and the west side of the site to be enclosed by a
18 barrier/rope;
19 9. Valet parking service shall be available to all shopping center customers and be provided by
20 the Shopping Center management;
21 10. That any person or company providing the valet services authorized by this Ordinance shall
22 comply with the terms of this Ordinance and shall be incorporated in any agreement for such
23 valet services;
24 11. The Shopping Center’s security force shall be responsible for monitoring that valet vehicles
25 are parked in designated areas;
26 12. At least once during the day and before opening and closing of the business, employees
27 shall patrol the Subject Property and clear it of all debris;
28 13. Stop signs and bars shall be provided at all exit drives;
29 14. The Center may sign up to 12 non-designated parking spaces near the center’s east side as
30 “short term parking, 15 minutes only”. The Old Orchard security force shall be responsible
31 for monitoring compliance of the parking restriction;
32 15. Prior to the issuance of permits for the southeast parking structure the building elevations,
33 floor plans, and area site plans must be reviewed and approved through the public hearing
34 process. The top of the stair tower shall not exceed 26 feet in height;
35 16. All fire lane zone determinations and signage as required by the Fire Prevention Bureau
36 shall be installed and maintained by Westfield Old Orchard Shopping Center;
37 17. “Panic” button alarms and intercom systems shall be installed in all parking garages;
38 18. A means of blocking the entrance/exit ramps to the parking structures from vehicular traffic
39 after hours shall be required;
40 19. Bus lanes and bus stops shall be provided as recommended by the Traffic Engineer, and a
41 transit information board shall be provided at the bus transfer facility. The location of the
42 information board shall be determined by the management of both shopping center and the
43 occupant of 4905 Old Orchard Road;

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 1 20. The security plan for the shopping center shall be subject to the review and approval of the
 2 Police Department to ensure public safety and security of property;
 3 21. All overhead utilities on the Subject Property or in adjacent right-of-way shall be placed or
 4 relocated underground. The petitioner shall bear the full cost of any utility relocation and/or
 5 conflicts;
 6 22. The management of the shopping center shall be responsible for keeping all common trash
 7 areas clean and in compliance with Health Department requirements;
 8 23. Trash shall only be allowed within a designated trash enclosure, and shall be screened from
 9 public view;
10 24. Any plan to modify parking lot striping must be approved by the Village Traffic Engineer;
11 25. The petitioner shall obtain all required permits and approvals for improvements to County,
12 State, or Federal rights-of-way from the governing jurisdiction;
13 26. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage,
14 landscaping, structures, and any other facilities or infrastructure on the Subject Property
15 shall be maintained in a good state of repair, and when needed, be repaired or replaced in a
16 timely manner;
17 27. Parking lot and exterior lighting shall meet IES standards, be full cut-off design and be
18 directed away from adjacent properties, subject to the approval of the Engineering Division;
19 28. Any outdoor sound systems shall at all times maintain audio levels that are compliant with
20 the Village Code;
21 29. All off-street parking spaces shall be legibly striped and maintained;
22 30. The Subject Property must conform to the Village's storm water control requirements as
23 contained in the Skokie Village Code;
24 31. All modifications to building elevations, signage, and landscaping not excluded from
25 condition 4 shall be subject to the review and approval of the Skokie Appearance
26 Commission;
27 32. All existing damaged public sidewalks or sidewalks damaged due to the implementation of
28 this plan shall be replaced;
29 33. Handicapped ramps are to be provided as necessary and meet State of Illinois Accessibility
30 requirements and the Skokie Village Code;
31 34. The handicapped parking spaces shall be installed and maintained in compliance with State of
32 Illinois Accessibility Standards and the Skokie Village Code;
33 35. Vehicles shall always be parked between and not overlap the striped lines of designated
34 parking spaces and shall not block driveways, sidewalks, aisles, or other points of access;
35 36. The owner of the Subject Property shall ensure that employees park on the Subject
36 Property;
37 37. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other objects
38 that may impede travel;
39 38. All objects and landscaping within a 15-foot sight distance triangle shall not exceed 30
40 inches in height, except traffic control devices listed in the Manual on Uniform Traffic Control
41 Devices;
42 39. The petitioner shall sign an "Agreement for Installation and Maintenance of Landscaping" to

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 1 assure that the Subject Property and parkway landscaping is completed and maintained,
 2 including trimming, watering, and replacing of dead plant materials in a timely manner in
 3 accordance with the final approved landscape plan. A copy of said Agreement is attached
 4 hereto, marked Exhibit “B” and hereby made part of this Ordinance. This “Agreement for
 5 Installation and Maintenance of Landscaping" shall be recorded at the petitioner’s expense;
 6 40. All new construction, alterations, and remodeling shall meet current International Building
 7 and NFPA Life Safety Codes as amended;
 8 41. The petitioner shall submit to the Planning Division electronic files of the plat of survey, site
 9 plan, and landscape plan in their approved and finalized form. The files shall be scaled
10 CADD 2D drawing files on non-compressed, non-read only CD-ROM .dwg AutoCad format;
11 42. Prior to the issuance of building permits, the petitioner shall submit to the Planning Division
12 of the Community Development Department the name, address, and telephone number of
13 the company and contact person responsible for site maintenance in compliance with the
14 special use permit;
15 43. If work is to be performed on public property or if public property is utilized or impacted
16 during construction and/or development, the owner shall provide, or shall cause the
17 developer and/or contractor to provide, the Village of Skokie with a certificate of insurance
18 naming the Village of Skokie as additionally insured for any and all claims related to any and
19 all work. The owner shall hold, and shall cause the developer and/or contractor to hold, the
20 Village of Skokie harmless and indemnify the Village for any and all claims for property
21 damage or personal injury related to work on or use of public property;
22 44. The petitioner shall comply with all Federal and State statutes, laws, rules and regulations
23 and all Village codes, ordinances, rules, and regulations; and
24 45. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to
25 initiate hearings to determine whether the subject Ordinance, as well as any applicable
26 business licenses, should be revised or revoked. The petitioner shall pay all costs related to
27 any hearings conducted as a result of non-compliance with any of the provisions of the
28 enabling ordinance. The costs shall include but not be limited to court reporter fees,
29 attorney fees, and staff time required researching and conducting said hearing.

30 Section 2: That relief is hereby granted from all necessary sections of Chapter 82 so
31 that signs may be installed on the Subject Property consistent with the “Westfield Old Orchard
32 Exterior Planning Concept – Site” package as submitted to the Plan Commission and approved by
33 the Appearance Commission.
34 Section 3: That relief is hereby granted from Chapter 82 of the Skokie Village Code
35 for the following types of signage that is not located between commercial buildings and is
36 generally visible from the public right-of-way:
37 a. Section 82-11(4) to allow projecting “blade signs” under canopies that identify businesses.
38 b. Section 82-13(f)(2) to allow open tube neon signs, provided that that neon signage
39 compliments the store design and pedestrians are not exposed to hazard from the tubing.
40 c. Section 82-28(b)(1)a. to allow more than 1 identification sign per store front. All storefront
41 signage shall be limited to 20% of the façade area.
42 d. Section 82-28(b)(5) to allow for more that one store sign with different names when the
43 storefront is designed to serve several tenants. The sign shall only contain store names.



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 1 Section 4: That relief is hereby granted from Section 90-36 of the Skokie Village
 2 Code to allow the redevelopment of the Subject Property without the provision of a five feet wide
 3 public sidewalk along Lawler Avenue.
 4 Section 5: That “accent signage” may be placed on storefronts, provided that the
 5 signage is included in the 20% façade signage and 25% window signage calculations.
 6 Section 6: That relief is granted from Section 118-145(2) of the Skokie Village Code,
 7 which requires that no structures shall be erected or maintained within 150 feet of any boundary of
 8 a B4 district to allow two parking structures on the east side of the Subject Property to be located
 9 65 feet from the zoning district boundary.
10 Section 7: That relief is granted from Section 118-212(d) of the Skokie Village Code,
11 which requires that parking spaces open to an aisle or driveway to provide safe and efficient
12 vehicle access for the parking spaces, in valet parking areas designated on the approved Site
13 Plan.

14 Section 8: That relief is granted from Section 118-217(c)(3) of the Skokie Village
15 Code to allow parking in the required front yard and side yard in an R1 district.

16 Section 9: That a notice of the approval of this Ordinance incorporating the
17 conditions contained herein shall be executed by the owner of the property in writing and duly
18 recorded with the Cook County Recorder of Deeds Office at the owner’s expense.

19 Section 10: That this Ordinance shall be in full force and effect from and after its
20 passage, approval, and recordation as provided by law.
21 ADOPTED this day of January 2012.
22
23 Village Clerk
24 Ayes:
25 Nays:
26 Absent:
27 Approved by me this day of
28 Attested and filed in my January 2012.
29 office this day of
30 January 2012.
31
32 Mayor, Village of Skokie
33
34 Village Clerk
35
36
37
38




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Exhibit A
 Exhibit B
AGREEMENT FOR
INSTALLATION AND
MAINTENANCE OF
LANDSCAPING

Plan Commission Case
2011-22P



 This Agreement is entered into this day of 2011 by and
between MACY’S RETAIL HOLDINGS, 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:

 1. PROPERTY OWNER is the owner of real property located in the Village of Skokie,
 described as follows:

 LOTS 5 AND 11 IN OLD ORCHARD RESUBDIVISION NO. 1 BEING A SUBDIVISION OF
 PART OF OLD ORCHARD SUBDIVISION, PART OF BLOCK 1 IN NILES CENTER
 HEIGHTS, AND BLOCKS 1, 2 AND A PART OF BLOCK 3 IN HARMSWOOD MANOR
 TOGETHER WITH VARIOUS VACATED STREETS AND ALLEYS THEREOF, TOGETHER
 WITH THE VACATED 16 FOOT ALLEY PER DOCUMENT NO. 95808783 IN THE
 SOUTHEAST ¼ OF SECTION 9, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD
 PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS;
 EXCEPTING THEREFROM THAT PART CONVEYED TO COUNTY OF COOK BY
 TRUSTEES DEED RECORDED JUNE 5, 2009 AS DOCUMENT 0915634086.
 PINS: 10-09411-075, 10-09-411-080

 commonly known as a portion of Westfield Old Orchard Shopping Center, 4801-4999 Old
 Orchard Center, Skokie, Illinois.

 2. At or near the time of execution of this Agreement, the VILLAGE granted a Site
 Plan Approval hereinafter collectively referred to as “permit” pursuant to state
 statutes and local ordinances.

 3. By the terms of the aforesaid permit, the PROPERTY OWNER is required to install
 and maintain landscaping in accordance with the plan dated October 21, 2011 or
 as it may be subsequently revised with the approval of the Village Manager, or
 designee, and the Corporation Counsel.

 4. 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.

 5. 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.
 6. 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.

 7. 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.

 8. 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.

 9. 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.

10. 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.

11. 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.
12. 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.

13. 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
 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.

14. 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.

15. 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 Macy’s Retail Holdings, Inc.
 Skokie, IL 60077 7 W. Seventh Street
 Attention: Village Clerk Cincinnati, OH 45202
 Attention: Carl L. Goertemoeller
 With copies to: Senior Vice President
 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.

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

17. This Agreement pertains to, runs with the subject property, and shall be binding on the
 successors, assigns, and heirs in interest.
 18. 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.

MACY’S RETAIL HOLDINGS, INC. VILLAGE OF SKOKIE


By: By:
 its Village Manager
Title:

ATTEST: ATTEST:


 Village Clerk
Its:
EXHIBIT “1”
 JPH: *1/3/12
 E
 PC: 2011-23P
 SUP: 423.01
 THIS ORDINANCE MAY BE CITED AS
 VILLAGE ORDINANCE NUMBER

 12-1-Z-


 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ESTABLISH
 AND OPERATE A MOTOR VEHICLE HAND CAR WASH IN THE
 PARKING GARAGE LOCATED BENEATH 4905 OLD ORCHARD
 CENTER, SKOKIE, ILLINOIS IN A B4 REGIONAL SHOPPING DISTRICT

 1 WHEREAS, Old Orchard Urban Limited Partnership (hereinafter “Westfield”), the
 2 beneficial owner of the following described real property:

 3 LOT 1 (EXCEPT THAT PART DEDICATED FOR ROADWAY PURPOSES PER
 4 DOCUMENT NO.95633016), LOTS 2, 3, 4, 6, 7, 8, 9, 10, 12, AND 13 IN OLD ORCHARD
 5 RESUBDIVISION NO. 1 BEING A SUBDIVISION OF PART OF OLD ORCHARD
 6 SUBDIVISION, PART OF BLOCK 1 IN NILES CENTER HEIGHTS, AND BLOCKS 1, 2
 7 AND A PART OF BLOCK 3 IN HARMSWOOD MANOR TOGETHER WITH VARIOUS
 8 VACATED STREETS AND ALLEYS THEREOF, TOGETHER WITH THE VACATED 16
 9 FOOT ALLEY PER DOCUMENT NO. 95808783 IN THE SOUTHEAST ¼ OF SECTION 9,
10 TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
11 COOK COUNTY, ILLINOIS;
12 EXCEPTING THEREFROM THAT PART CONVEYED TO COUNTY OF COOK BY
13 TRUSTEES DEED RECORDED JUNE 5, 2009 AS DOCUMENT 0915634086; AND ALSO
14 EXCEPTING THEREFROM LOTS 5 AND 11.
15 PINS: 10-09-411-071 THROUGH 10-09-411-082, 10-09-423-044

16 more commonly described as a portion of Westfield Old Orchard Shopping Center,
17 specifically 4905 Old Orchard Center, Skokie, Illinois (the “Subject Property”), in a B4
18 Regional Shopping district, an R1 Single-Family Residential district, and a B1 Service
19 Commercial district, petitioned the Village of Skokie for a special use permit to establish and
20 operate a motor vehicle hand car wash in the most northeasterly area of the underground
21 parking area of the North Professional Building (hereinafter “Subject Site”), in a B4 Regional
22 Shopping district; and

23 WHEREAS, Westfield desires to offer motor vehicle hand car wash as an additional
24 service for users of the existing valet parking service at the shopping center to improve the
25 customer shopping experience. The car wash service will be offered for a fee during regular
26 shopping center hours; and

27 WHEREAS, three parking spaces at the Subject Site have been designated for this
28 purpose as they are the least utilized by the patrons of the professional building. These are
29 indicated on the “Old Orchard Proposed Car Wash Location”, a copy of which is attached
30 hereto as Exhibit “1”. Once the vehicles are washed and dried, they will be taken to
31 dedicated valet parking spaces until they are retrieved by their owners; and


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 1 WHEREAS, while it will be offered through the valet service only during the shopping
 2 center hours, it is contemplated that this service will be offered year-round; and

 3 WHEREAS, at a public hearing of the Skokie Plan Commission, duly held on October
 4 6, 2011, for which proper legal notice had been achieved, one interested party appeared who
 5 did not like the idea of a car wash, but stated the overall improvements would be good for the
 6 shopping center; and

 7 WHEREAS, after hearing all testimony, the Skokie Plan Commission (a) made the
 8 appropriate findings of fact as required under Section 118-32 of the Skokie Village Code and
 9 (b) voted to recommend to the Mayor and Board of Trustees that the requested special use
10 permit be granted subject to the conditions contained in the Plan Commission Report dated
11 November 21, 2011; and

12 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on
13 November 21, 2011, concurred in the aforesaid recommendations and findings of fact of the
14 Skokie Plan Commission;

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

17 Section 1: That the special use permit requested by the petitioner to establish and
18 operate a motor vehicle hand car wash at the Subject Site, described above and commonly
19 known as the most northeasterly area of the underground parking area of the Professional
20 Building at Westfield Old Orchard Shopping Center, specifically 4905 Old Orchard Center,
21 Skokie, Illinois, in a B4 Regional Shopping district, be and the same is hereby granted and
22 approved subject, to each of the conditions set forth below:
23 1. The petitioner shall develop the Subject Property in substantial conformance with the
24 final Village approved exhibit titled “Old Orchard Proposed Car Wash Location”, a copy
25 of which is attached hereto as Exhibit “1”;
26 2. Only valet employees are allowed to operate the motor vehicle hand car wash;
27 3. Only motor vehicles utilizing the valet service are allowed to be washed;
28 4. The motor vehicle hand car wash must not operate outside of valet service hours or
29 create traffic congestion;
30 5. Prior to the issuance of building permits, the petitioner must submit evidence that the
31 existing floor drain near the car wash area, and the pipe from said drain, was inspected
32 and rodded out to ensure maximum flow capacity; submit evidence that the existing
33 triple basin was inspected and cleaned out as needed to ensure proper operation;
34 submit plans to extend the existing ¾” water pipe in the ceiling to the north and install a
35 new hose bib on the north wall, and address any other issues per the “Proposed
36 Carwash Services Memorandum” by Cross Engineering and Associates, Inc; and
37 6. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to
38 initiate hearings to determine whether the subject Ordinance, as well as any applicable
39 business licenses, should be revised or revoked. The petitioner shall pay all costs
40 related to any hearings conducted as a result of non-compliance with any of the
41 provisions of the enabling ordinance. The costs shall include but not be limited to court

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 1 reporter fees, attorney fees, and staff time required researching and conducting said
 2 hearing.

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

 6 Section 3: That this Ordinance shall be in full force and effect from and after its
 7 passage, approval and recordation as provided by law.
 8 ADOPTED this day of January 2012.
 9
10 Village Clerk
11 Ayes:
12 Nays:
13 Absent:
14 Approved by me this day of
15 Attested and filed in my January 2012.
16 office this day of
17 January 2012.
18
19 Mayor, Village of Skokie
20
21 Village Clerk
22
23
24
25




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Exhibit 1
JPH: *1/3/12
 F
PC: 2011-24P
SUP: 424.01
 THIS ORDINANCE MAY BE CITED AS
 VILLAGE ORDINANCE NUMBER

 12-1-Z-


  AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW
  OUTDOOR VENDING MACHINES AT WESTFIELD OLD ORCHARD
SHOPPING CENTER, 4999 OLD ORCHARD CENTER, SKOKIE, ILLINOIS
 IN A B4 REGIONAL SHOPPING DISTRICT

 WHEREAS, Old Orchard Urban Limited Partnership (hereinafter “Westfield”) the
beneficial owner of the following described real property:

 LOT 1 (EXCEPT THAT PART DEDICATED FOR ROADWAY PURPOSES PER
 DOCUMENT NO.95633016), LOTS 2, 3, 4, 6, 7, 8, 9, 10, 12, AND 13 IN OLD ORCHARD
 RESUBDIVISION NO. 1 BEING A SUBDIVISION OF PART OF OLD ORCHARD
 SUBDIVISION, PART OF BLOCK 1 IN NILES CENTER HEIGHTS, AND BLOCKS 1, 2
 AND A PART OF BLOCK 3 IN HARMSWOOD MANOR TOGETHER WITH VARIOUS
 VACATED STREETS AND ALLEYS THEREOF, TOGETHER WITH THE VACATED 16
 FOOT ALLEY PER DOCUMENT NO. 95808783 IN THE SOUTHEAST ¼ OF SECTION 9,
 TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
 COOK COUNTY, ILLINOIS;
 EXCEPTING THEREFROM THAT PART CONVEYED TO COUNTY OF COOK BY
 TRUSTEES DEED RECORDED JUNE 5, 2009 AS DOCUMENT 0915634086; AND ALSO
 EXCEPTING THEREFROM LOTS 5 AND 11.
 PINS: 10-09-411-071 THROUGH 10-09-411-082, 10-09-423-044

more commonly described as a portion of Westfield Old Orchard Shopping Center,
specifically 4999 Old Orchard Center, Skokie, Illinois (the “Subject Property”), in a B4
Regional Shopping district, R1 Single-Family Residential district, and a B1 Service
Commercial district, petitioned the Village of Skokie for a special use permit to allow outdoor
vending machines in a portion of the north wing of the center adjacent to Bloomingdale’s
(hereinafter “Subject Site”), in a B4 Regional Shopping district, as depicted in the “Vending
Zone Site Plan”, dated December 6, 2011, a copy of which is attached hereto as Exhibit “1”;
and

 WHEREAS, the Subject Site is located in the “Fast Fashion” district in the north wing of
the center. This area is designed to appeal to young, trendy, and fashion-conscious customers
by including amenities such as free Wi-Fi, seating clusters with solar panels to charge phones
and iPads, new lighting and landscaping, and music tailored to this customer group; and

 WHEREAS, this area is also intended for customers to “rest and recharge” so they may
continue their shopping experience at the center. Westfield is proposing to install two outdoor
vending machines as added amenities in this high-tech lounge area; and




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 WHEREAS, Westfield desires to offer non-alcoholic beverages such as water, energy
drinks, and common sodas in the proposed vending machines; and

 WHEREAS, the location of the vending machines will be in the interior of the mall and
therefore will not have a negative impact on the rest of the shopping center or the
neighborhood; and

 WHEREAS, the Skokie Plan Commission, at a public hearing duly held on October 6,
2011, for which proper legal notice had been achieved and no interested parties spoke, (a)
made the appropriate findings of fact as required under Section 118-32 of the Skokie Village
Code and (b) voted to recommend to the Mayor and Board of Trustees that the requested
special use permit be granted subject to the conditions contained in the Plan Commission
Report dated November 21, 2011; and

 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on
November 21, 2011, concurred in the aforesaid recommendations and findings of fact of the
Skokie Plan Commission;

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

 Section 1: That the special use permit requested by the petitioner to allow two
outdoor vending machines at the Subject Site, described above and commonly known as a
portion of the north wing of Westfield Old Orchard Shopping Center, 4999 Old Orchard Center,
Skokie, Illinois, in a B4 Regional Shopping district, and depicted in the “Vending Zone Site
Plan”, dated December 6, 2011, a copy of which is attached hereto as Exhibit “1”, be and
the same is hereby granted and approved, subject to each of the conditions set forth below:
 1. The petitioner shall be permitted to have up to two vending machines at the
 Subject Site in the courtyard area, depicted in the “Vending Zone Site Plan”,
 dated December 6, 2011, a copy of which is attached hereto as Exhibit “1”;
 2. Any modifications to outdoor improvements or amenities that are consistent
 with the quality, design, or intent represented with the plans and materials for
 this case may be filed with and approved by the Village Manager or designee;
 and
 3. Failure to abide by any and all terms of this Ordinance shall be cause for the
 Village to initiate hearings to determine whether the subject Ordinance, as well
 as any applicable business licenses, should be revised or revoked. The
 petitioner shall pay all costs related to any hearings conducted as a result of
 non-compliance with any of the provisions of the enabling ordinance. The
 costs shall include but not be limited to court reporter fees, attorney fees, and
 staff time required researching and conducting said hearing.

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




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 Section 3: That this Ordinance shall be in full force and effect from and after its
passage, approval and recordation as provided by law.

 ADOPTED this day of January 2012.

 Village Clerk
Ayes:
Nays:
Absent:
 Approved by me this day of
Attested and filed in my January 2012.
office this day of
January 2012.

 Mayor, Village of Skokie

Village Clerk




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 Exhibit 1




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VOSDOCS-#393417-v1-Ordinance__2011-
24P__SUP__Outdoor_vending_machines__Westfield_Old_Orchard_Shopping_Center__4999_Old_Orchard_Center
 JPH: *1/3/12
 G
 PC: 2011-25P
 SUP: 426.01
 THIS ORDINANCE MAY BE CITED AS
 VILLAGE ORDINANCE NUMBER

 12-1-Z-


 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW
 MOTOR VEHICLE SALES WITH OUTDOOR VEHICLE STORAGE AT
 WESTFIELD OLD ORCHARD SHOPPING CENTER, 4999 OLD
 ORCHARD CENTER, SKOKIE, ILLINOIS IN A B4 REGIONAL
 SHOPPING DISTRICT

 1 WHEREAS, Old Orchard Urban Limited Partnership (hereinafter “Westfield”), the
 2 beneficial owner of the following described real property:

 3 LOT 1 (EXCEPT THAT PART DEDICATED FOR ROADWAY PURPOSES PER
 4 DOCUMENT NO.95633016), LOTS 2, 3, 4, 6, 7, 8, 9, 10, 12, AND 13 IN OLD ORCHARD
 5 RESUBDIVISION NO. 1 BEING A SUBDIVISION OF PART OF OLD ORCHARD
 6 SUBDIVISION, PART OF BLOCK 1 IN NILES CENTER HEIGHTS, AND BLOCKS 1, 2
 7 AND A PART OF BLOCK 3 IN HARMSWOOD MANOR TOGETHER WITH VARIOUS
 8 VACATED STREETS AND ALLEYS THEREOF, TOGETHER WITH THE VACATED 16
 9 FOOT ALLEY PER DOCUMENT NO. 95808783 IN THE SOUTHEAST ¼ OF SECTION 9,
10 TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
11 COOK COUNTY, ILLINOIS;
12 EXCEPTING THEREFROM THAT PART CONVEYED TO COUNTY OF COOK BY
13 TRUSTEES DEED RECORDED JUNE 5, 2009 AS DOCUMENT 0915634086; AND ALSO
14 EXCEPTING THEREFROM LOTS 5 AND 11.
15 PINS: 10-09-411-071 THROUGH 10-09-411-082, 10-09-423-044

16 more commonly described as a portion of Westfield Old Orchard Shopping Center, 4999
17 Old Orchard Center, Skokie, Illinois (the “Subject Property”), in an B4 Regional Shopping
18 district, R1 Single-Family Residential district, and a B1 Service Commercial district,
19 petitioned the Village of Skokie for a special use permit to allow motor vehicle sales with
20 outdoor vehicle storage in a B4 Regional Shopping district; and

21 WHEREAS, two electric car manufacturers have expressed an interest in leasing retail
22 space in the shopping center, as well as parking spaces equipped with charging stations for
23 the test drive vehicles; however, discussions with the manufacturers have not been finalized
24 and the exact locations or specifications have not been negotiated; and

25 WHEREAS, consequently, Westfield is requesting approval for two predetermined
26 zones within the shopping center, wherein any two retail tenant spaces can be leased for the
27 specific purpose of electric automobile sales. No vehicle repair services will be offered at these
28 stores; and

29 WHEREAS, as with any automobile dealership, the ability to test drive vehicles will be
30 necessary and each manufacturer has requested approximately 5-6 dedicated parking spaces


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 1 with electric charging stations for each parking space, for a total of up to 12 parking spaces.
 2 The charging stations will not effect the required parking spaces for the overall shopping
 3 center, and are not considered “outdoor storage” because they will be located in legal parking
 4 spaces.

 5 WHEREAS, the proposed parking/charging areas would be located as follows:
 6 Zone A – near the loading area on the west side of the shopping center, south of
 7 Macy’s, in an existing landscaped area,
 8 Zone B – on the west side of the shopping center, north of Macy’s, in an existing
 9 landscaped/mulched area covered by a parking structure; and

10 WHEREAS, at a public hearing of the Skokie Plan Commission, duly held on October
11 6, 2011, for which proper legal notice had been achieved, one interested party appeared who
12 did not like the idea of vehicle sales, but stated the overall improvements would be good for
13 the shopping center; and

14 WHEREAS, after hearing all testimony, the Skokie Plan Commission (a) made the
15 appropriate findings of fact as required under Section 118-32 of the Skokie Village Code and
16 (b) voted to recommend to the Mayor and Board of Trustees that the requested special use
17 permit be granted subject to the conditions contained in the Plan Commission Report dated
18 November 21, 2011; and

19 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on
20 November 21, 2011, concurred in the aforesaid recommendations and findings of fact of the
21 Skokie Plan Commission;

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

24 Section 1: That the special use permit requested by the petitioner to allow motor
25 vehicle sales with outdoor vehicle storage at the Subject Property, described above and
26 commonly known as a portion of Westfield Old Orchard Shopping Center, 4999 Old Orchard
27 Center, Skokie, Illinois, in a B4 Regional Shopping district be and the same is hereby granted
28 and approved subject to each of the conditions set forth below:
29 1. The petitioner shall be permitted to have up to two motor vehicle sales uses in the area
30 depicted in the Site Plan, dated October 21, 2011, a copy of which is attached hereto as
31 Exhibit “1”, with vehicle charging stations in substantial conformance with the “Enlarged
32 Charging Station Plan,” dated October 21, 2011, a copy of which is attached hereto as
33 Exhibit “2”;
34 2. The repair of vehicles is prohibited;
35 3. Test drive vehicles in conjunction with this use must only be parked in surplus vehicle
36 parking/charging station locations;
37 4. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to
38 initiate hearings to determine whether the subject Ordinance, as well as any applicable
39 business licenses, should be revised or revoked. The petitioner shall pay all costs
40 related to any hearings conducted as a result of non-compliance with any of the


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 1 provisions of the enabling ordinance. The costs shall include but not be limited to court
 2 reporter fees, attorney fees, and staff time required researching and conducting said
 3 hearing.
 4 Section 2: That a notice of the approval of this Ordinance incorporating the
 5 conditions contained herein shall be executed by the owner of the property in writing and
 6 duly recorded with the Cook County Recorder of Deeds Office at the owner’s expense.

 7 Section 3: That this Ordinance shall be in full force and effect from and after its
 8 passage, approval and recordation as provided by law.
 9 ADOPTED this day of January 2012.
10
11 Village Clerk
12 Ayes:
13 Nays:
14 Absent:
15 Approved by me this day of
16 Attested and filed in my January 2012.
17 office this day of
18 January 2012.
19
20 Mayor, Village of Skokie
21
22 Village Clerk
23
24
25
26




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 VOSDOCS-#393529-v1-Ordinance__2011-
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Exhibit 1
Exhibit 2
 st
 JPH: 12/6/11 1 Reading
 H
 nd
 1/3/12 2 Reading
 PC: 2011-21P
 SPA: 1.30
 THIS ORDINANCE MAY BE CITED AS
 VILLAGE ORDINANCE NUMBER

 12-1-Z-


 AN ORDINANCE GRANTING SITE PLAN APPROVAL FOR A PLANNED
 DEVELOPMENT FOR A PORTION OF WESTFIELD OLD ORCHARD
 SHOPPING CENTER AT 4801-4999 OLD ORCHARD CENTER, SKOKIE,
 ILLINOIS IN A B4 REGIONAL SHOPPING DISTRICT, AN R1 SINGLE-
 FAMILY RESIDENTIAL DISTRICT, AND A B1 SERVICE COMMERCIAL
 DISTRICT, RELIEF FROM CERTAIN SECTIONS OF CHAPTER 82 OF
 THE SKOKIE VILLAGE CODE PERTAINING TO SIGNAGE AND
 CERTAIN SECTIONS OF CHAPTER 118 PERTAINING TO PARKING
 REGULATIONS, AND REPEAL OF VILLAGE ORDINANCE NUMBERS 76-
 11-Z-964, 86-11-Z-1837, 89-4-Z-2024, 90-9-Z-2177, 90-12-Z-2193, 91-12-Z-
 2255, 92-2-Z-2269, 92-11-Z-2328, 93-6-Z-2363, 93-12-Z-2399, 94-6-Z-
 2432, 96-7-Z-2604, 98-6-Z-2759, 00-4-Z-2888,
 06-4-Z-3427, 07-8-Z-3535, 07-8-Z-3536, 07-8-Z-3537, 07-11-Z-3560,
 08-5-Z-3617, 08-5-Z-3618, AND 09-11-Z-3716
 1 WHEREAS, Old Orchard Urban Limited Partnership (hereinafter “Westfield”), the beneficial
 2 owner of the following described real property:

 3 LOT 1 (EXCEPT THAT PART DEDICATED FOR ROADWAY PURPOSES PER
 4 DOCUMENT NO.95633016), LOTS 2, 3, 4, 6, 7, 8, 9, 10, 12, AND 13 IN OLD ORCHARD
 5 RESUBDIVISION NO. 1 BEING A SUBDIVISION OF PART OF OLD ORCHARD
 6 SUBDIVISION, PART OF BLOCK 1 IN NILES CENTER HEIGHTS, AND BLOCKS 1, 2
 7 AND A PART OF BLOCK 3 IN HARMSWOOD MANOR TOGETHER WITH VARIOUS
 8 VACATED STREETS AND ALLEYS THEREOF, TOGETHER WITH THE VACATED 16
 9 FOOT ALLEY PER DOCUMENT NO. 95808783 IN THE SOUTHEAST ¼ OF SECTION 9,
10 TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
11 COOK COUNTY, ILLINOIS;
12 EXCEPTING THEREFROM THAT PART CONVEYED TO COUNTY OF COOK BY
13 TRUSTEES DEED RECORDED JUNE 5, 2009 AS DOCUMENT 0915634086; AND ALSO
14 EXCEPTING THEREFROM LOTS 5 AND 11.
15 PINS: 10-09-411-071 THROUGH 10-09-411-082, 10-09-423-044

16 and more commonly described as a portion of Westfield Old Orchard Shopping Center, 4801-4999
17 Old Orchard Center, Skokie, Illinois (hereinafter “Subject Property”), in a B4 Regional Shopping
18 district, an R1 Single-Family Residential district and a B1 Service Commercial district, petitioned
19 the Village of Skokie for Site Plan Approval for a Planned Development replacing the existing site
20 plan for the portion of Westfield Old Orchard Shopping Center owned by Westfield; and

21 WHEREAS, Westfield Old Orchard Shopping Center is a retail shopping mall currently
22 operating under an amended site plan as a planned development; and

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 1 WHEREAS, the Subject Property generally includes almost all of the various retail stores,
 2 the medical office building, almost all public and retail common areas within the mall, the surface
 3 parking on the north and south ends of the Subject Property, the Orange (4967 Old Orchard
 4 Center) parking deck, and the Purple (4995 Old Orchard Center) parking deck, operated by
 5 Westfield and owned by the Village of Skokie; and

 6 WHEREAS, the areas of the mall not included in the Subject Property are currently
 7 occupied by Macy’s, and Frontera Fresco restaurant, and certain surface parking on the east and
 8 west ends of the Subject Property, the Red (4807 Old Orchard Center) parking deck, and the
 9 Green (4989 Old Orchard Center) parking deck, owned by Macy’s. Site plan approval for this
10 portion of the Westfield Old Orchard Shopping Center will be considered under companion Case
11 2011-22P; and

12 WHEREAS, the modifications that Westfield has proposed for the Subject Property
13 generally include:
14 i. new the design, layout, and amenities of the common areas of the shopping center,
15 ii. replacing, adding, and increasing the size of various signage, including a new 48-
16 foot sign,
17 iii. relocating and increasing the number from 18 to 21 of retail merchandising units,
18 iv. an additional car display area,
19 v. additional valet pickup and drop-off areas,
20 vi. decreasing the total number of valet parking spaces and adding location to more
21 evenly distribute the parking areas throughout the Subject Property,
22 vii. reserving three parking spaces in the underground parking area for a valet car
23 wash (to be considered under companion Case 2011-23P),
24 viii. adding of outdoor vending machines (to be considered under companion Case
25 2011-24P),
26 ix. setting aside of additional parking spaces for electric vehicles to test drive for two
27 proposed car dealerships (to be considered under companion Case 2011-25P),
28 x. adding a new covered family court with play area near the family restroom at the
29 northeast end of the shopping center,
30 xi. building a glass cube to be used for special, short-term, seasonal events or
31 concerts where the serpent child play area is currently located,
32 xii. changing outdoor seating, facades, canopies, and interior landscaping,

33 xiii. additional modifications focusing on building footprints, square footage of leasable
34 area, traffic circulation, vehicle and bike parking, and exterior landscaping and
35 minor improvements; and

36 WHEREAS, the petitioner is also seeking relief from certain sections of Chapter 82 of the
37 Skokie Village Code pertaining to signage. The Skokie Plan Commission recommended relief be
38 granted so that signs may be installed on the Subject Property consistent with the “Westfield Old
39 Orchard Exterior Planning Concept – Site Signage” package, as submitted to the Plan Commission
40 and approved by the Appearance Commission. However, the Plan Commission was not



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 1 supportive of the relief requested for the 48-foot tall and 16-foot wide pylon sign proposed for the
 2 northwest corner of the Subject Property; and
 3 WHEREAS, in review of the Subject Property, the Skokie Plan Commission has
 4 determined that the following outstanding ordinances affecting the Subject Property are no longer
 5 relevant and has recommended that they be repealed:
 6 76-11-Z-964 86-11-Z-1837 89-4-Z-2024
 7 90-9-Z-2177 90-12-Z-2193 90-12-Z-2399
 8 96-7-Z-2604 00-4-Z-2888 07-8-Z-3535
 9 07-8-Z-3536 07-8-Z-3537 07-11-Z-3560
10 08-5-Z-3617 08-5-Z-3618 09-11-Z-3716
11
12 and that any ordinances that may have been repealed by the foregoing ordinances, shall remain
13 repealed and are null and void; and

14 WHEREAS, at the Skokie Plan Commission public hearing duly held on October 6, 2011,
15 two interested parties testified. One expressed support for the pylon sign and shopping center
16 modifications. The other party’s primary concern was traffic congestion on Lawler Avenue and
17 wanted to confirm that there would be no curb cuts on Lawler Avenue. Staff confirmed that a
18 prohibition on curb cuts on Lawler was part of the recommendation by the Plan Commission; and

19 WHEREAS, after hearing all testimony and discussion, the Skokie Plan Commission, at a
20 public hearing duly held on October 6, 2011: (i) determined that proper legal notice had been
21 achieved, (ii) made the appropriate findings of fact in the affirmative, as required under Section
22 118-32 of the Skokie Village Code, and (iii) voted to recommend to the Mayor and Board of
23 Trustees that:

24 (a) the requested Site Plan Approval be granted subject to the conditions contained in the
25 Plan Commission Report dated November 21, 2011, or as subsequently modified by Staff,
26 (b) a separate special use permit ordinance be drafted carrying forward relevant
27 conditions in Village Ordinance 09-11-Z-3716 and stated in the Recommended Special
28 Use Conditions for Outdoor Display of Vehicles listed in the Plan Commission Report for
29 2011-21P,
30 (c) relief be granted from the Chapter 82 of the Village Code so that signs may be
31 installed on the Subject Property in a manner consistent with the sign package titled
32 “Westfield Old Orchard Exterior Planning Concept – Site Signage” as submitted to the
33 Plan Commission and Approved by the Appearance Commission, except that the Old
34 Orchard exterior site pylon sign, labeled SP 1.01 on the plan, shall be limited to a height
35 of 18 feet as required by the sign code,
36 (d) the Village Ordinance Numbers 76-11-Z-964, 86-11-Z-1837, 89-4-Z-2024, 90-9-Z-
37 2177, 90-12-Z-2193, 93-12-Z-2399, 96-7-Z-2604, 00-4-Z-2888, 07-8-Z-3535, 07-8-Z-
38 3536, 07-8-Z-3537, 07-11-Z-3560, 08-5-Z-3617, 08-5-Z-3618, and 09-11-Z-3716
39 pertaining to the Subject Property, be repealed; and

40 WHEREAS, subsequent to the Plan Commissioner’s presentation at the Village Board
41 Meeting at a public meeting duly held on November 21, 2011, petitioner made a presentation
42 regarding the requested sign code relief relating to the 48-foot tall and 16-foot wide pylon sign
43 proposed for the northwest corner of the Subject Property. A discussion followed between
44 Trustees, Westfield and Village Staff focusing on the need for the height of the sign to provide
45 visibility from I 94 Expressway and directions for vehicular traffic; and

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 1


 2 WHEREAS, after hearing all testimony from Westfield, Village staff and interested parties,
 3 the Mayor and Board of Trustees voted to concur in the aforesaid recommendations and findings
 4 of fact of the Skokie Plan Commission, with the exception that the Mayor and Board of Trustees
 5 voted to approve the requested relief from Chapter 82 of the Skokie Village Code, allowing the 48-
 6 foot tall and 16-foot wide pylon sign proposed for the northwest corner of the Subject Property; and

 7 WHEREAS, subsequent to the Village Board meeting, Village Staff and Westfield, as
 8 directed by the Plan Commission in their recommendation, reviewed all ordinances relating to the
 9 Subject Property and incorporated relevant conditions, matters of relief and items previously
10 agreed upon between petitioner and the Village into this Site Plan Approval, thereby making the
11 following Village Ordinances or certain sections of Village Ordinances obsolete: Section 2 of 64-7-
12 Z-203, 91-12-Z-2255, 92-2-Z-2269, 92-11-Z-2328, 93-6Z-2363, 94-6-Z-2432. 98-6-Z-2759, and 06-
13 4-Z-3427. The obsolete ordinances will be repealed; and

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

16 Section 1: That the Site Plan Approval for a Planned Development requested by the
17 petitioner to replace the existing site plan for a portion of Westfield Old Orchard Shopping Center,
18 at the Subject Property, legally described above and commonly known as 4801-4999 Old Orchard
19 Center, Skokie, Illinois in a B4 Regional Shopping district, an R1 Single-Family Residential district
20 and a B1 Service Commercial district, is hereby granted and approved, subject to each of the
21 conditions set forth below:
22 1. The petitioner shall develop the Subject Property in substantial conformance with the final
23 Village approved Master Site Plan, dated December 6, 2011, attached hereto as Exhibit “1”,
24 with the future modifications as depicted in Revised Westfield Parking Lot Post Old Orchard
25 Road Construction, dated April 7, 2008, attached hereto as Exhibit “2”;
26 2. Signage is approved for the locations, sign types, and sign sizes, as approved by the
27 Appearance Commission and as indicated by the “Westfield Old Orchard Exterior Planning
28 Concept – Site Signage” package, dated August 3, 2011 and revised August 5, 2011. All
29 signage shall conform to the details of the sign package with the same title, approved by the
30 Appearance Commission on August 24, 2011 (case 11-028A).
31 3. Site plan approval amendments are not required to add or remove outdoor dining areas that
32 comply with the provisions of the Village Code and building footprints are not modified from
33 the approved site plan;
34 4. Site plan approval amendments to this plan are not required for the following items that are
35 deemed by the Village Manager or designee to be in common areas within the center that
36 are either between commercial buildings or generally not visible from the public right-of-way:
37 a. Modifications to outdoor improvements or amenities that are consistent with the quality,
38 design, or intent represented with the plans and materials filed with and approved by the
39 Village Manager or designee,
40 b. Modifications to landscaping. However, all landscaping must be maintained, including
41 trimming, and watering, and replacing of dead plant materials in a timely manner,
42 c. The locations of retail merchandising units (RMUs),
43 d. The locations of outdoor display of motor vehicles otherwise controlled by a special use


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 1 permit,
 2 e. The locations of vending machines otherwise controlled by a special use permit;
 3 5. Curb cuts from the Subject Property to Lawler Avenue are prohibited. The petitioner must
 4 operate the valet service, including valet pickup, drop-off, parking, and travel paths, in
 5 substantial conformance with “Approved and Proposed Valet Locations and Travel Paths,”
 6 dated June 10, 2011. Valet parking areas shall be limited to the areas identified on the
 7 approved site plan;
 8 6. Sufficient valet staff shall be provided for the efficient of vehicles so that traffic on the road in
 9 front of the valet areas is not impeded;
10 7. Valet parking areas shall be identified by signs stating ”valet parking only.” Valet parking
11 areas at the southeast corner of the site and the west side of the site to be enclosed by a
12 barrier/rope;
13 8. Valet parking service shall be available to all shopping center customers and be provided by
14 the Shopping Center management;
15 9. That any person or company providing the valet services authorized by this Ordinance shall
16 comply with the terms of this Ordinance and shall be incorporated in any agreement for such
17 valet services;
18 10. The shopping center’s security force shall be responsible for monitoring that valet vehicles
19 are parked in designated areas;
20 11. At least once during the day and before opening and closing of the business, employees
21 shall patrol the Subject Property and clear it of all debris;
22 12. Stop signs and bars shall be provided at all exit drives;
23 13. The center may sign up to 12 non-designated parking spaces near the center’s east side as
24 “short term parking, 15 minutes only”. The Old Orchard security force shall be responsible
25 for monitoring compliance of the parking restriction;
26 14. A maximum of 21 outdoor sales sites shall be allowed, for the entire Westfield Old Orchard
27 Shopping Center, for the purpose of locating retail merchandising units (RMUs). At least
28 one site shall be made available for use by the Village, local governmental units, and the
29 Chicago North Shore Convention and Visitor's Bureau, at no cost, for use in providing public
30 service information and announcements;
31 15. The RMU operator shall maintain the area around the unit for a distance of 10 feet free from
32 litter. RMUs shall only be located in areas deemed by the Village Manager or designee to be
33 in common areas within the center that are either between commercial buildings or generally
34 not visible from the public right-of-way. No RMU may be located within 10 feet of another
35 RMU or other obstruction;
36 16. The RMUs shall not be used for the sale of unpacked or perishable food products. The
37 Village of Skokie Health Department must approve all food products sold from an RMU;
38 17. The RMUs shall be removed from their sites and public areas of the mall when not being
39 actively used;
40 18. The RMUs shall be operated in compliance with the Westfield Old Orchard Retail
41 Merchandising Unit Rules and Regulations;
42 19. Each RMU operator shall obtain a Certificate of Occupancy;
43 20. Trash shall only be allowed within a designated trash enclosure, and shall be screened from

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 1 public view;
 2 21. Any plan to modify parking lot striping must be approved by the Village Traffic Engineer;
 3 22. The petitioner shall obtain all required permits and approvals for improvements to County,
 4 State, or Federal rights-of-way from the governing jurisdiction;
 5 23. The Petitioner shall dedicate land sufficient in size to accommodate traffic control devices at
 6 the Old Orchard Road/Lavergne Avenue intersection, should such dedications be needed;
 7 24. The future signalization improvements at the Old Orchard Road/Lavergne Avenue intersection
 8 will be in conjunction with improvements to Old Orchard Road by Cook County. The Petitioner
 9 shall pay the cost of these improvements, which are not covered by County, State, or federal
10 sources, based on the shopping center’s proportionate share of traffic or traffic volume or by
11 intersection quadrants/legs, whichever is greater;
12 25. The Petitioner shall reimburse the Village for the cost of installing the missing sidewalk
13 section on the west side of Skokie Boulevard between the northern and southern mall
14 entrances;
15 26. During any future phase of the Center’s redevelopment program, the Petitioner shall submit
16 plans for the landscaping of the Old Orchard Road median and parkway adjacent to the site.
17 The Petitioner shall pay the cost of this landscape installation and be responsible for the
18 maintenance of all landscaping in the parkway adjacent to the site;
19 27. The Center, after the proposed improvements approved in this site plan, shall have a
20 maximum net floor area of 1,530,939 sq. ft. and the 7,662 parking spaces meet all
21 parking requirements based upon a parking ratio of 1/200;
22 28. The anticipated improvements to Old Orchard Road, including southbound and
23 northbound ramps on I-94, contemplated in the 2004 Feasibility Study of the Old
24 Orchard Corridor Study conducted by TranSystems Engineering, were based upon the
25 potential addition of 387,000 sq. ft. to the maximum net floor area for the Center. Based
26 upon a net floor area of 1,522,985 sq. ft. established by the 2006 site plan approval
27 ordinance, the maximum net floor area for the Center would be 1,909,985 sq. ft., subject
28 to obtaining a new site plan approval and meeting the parking requirements;
29 29. Prior to the issuance of permits for the southeast parking structure the building elevations,
30 floor plans, and area site plans must be reviewed and approved through the public hearing
31 process The top of the stair tower shall not exceed 26 feet in height;
32 30. For the peak periods of parking usage on the Subject Property above the design level, i.e.
33 Saturday before Christmas, day after Thanksgiving, art shows, special events, etc., the
34 Petitioner shall provide off-duty police personnel on a “hire-back” basis at the Old
35 Orchard/Lavergne intersection to direct traffic as needed. In the event that improvements to
36 the Old Orchard Road/Lavergne Avenue intersection do not correct the turning difficulties
37 experienced by residents on the north leg of the intersection, the Petitioner shall provide off-
38 duty police personnel to direct traffic at the intersection Saturday and Sunday afternoons during
39 peak periods and other critical times as determined by the shopping center management and
40 the Village’s Police Chief;
41 31. All fire lane zone determinations and signage as required by the Fire Prevention Bureau
42 shall be installed and maintained by Westfield Old Orchard Shopping Center;
43 32. “Panic” button alarms and intercom systems shall be installed in all parking garages;
44 33. A means of blocking the entrance/exit ramps to the parking structures from vehicular traffic


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 1 after hours shall be required;
 2 34. Bus lanes and bus stops shall be provided as recommended by the Traffic Engineer, and a
 3 transit information board shall be provided at the bus transfer facility. The location of the
 4 information board shall be determined by the management of both shopping center and the
 5 occupant of 4905 Old Orchard Road;
 6 35. The Petitioner will continue to conduct parking surveys each year on peak customer traffic
 7 days, with the result of these counts made available to the Village upon request;
 8 36. The security plan for the shopping center shall be subject to the review and approval of the
 9 Police Department to ensure public safety and security of property;
10 37. All overhead utilities on the Subject Property or in adjacent right-of-way shall be placed or
11 relocated underground. The petitioner shall bear the full cost of any utility relocation and/or
12 conflicts;
13 38. The management of the shopping center shall be responsible for keeping all common trash
14 areas clean and in compliance with Health Department requirements;
15 39. Prior to the issuance of building permits, the petitioner shall submit to the Village of Skokie
16 Community Development Department a Cook County Assessor's Office Petition to
17 Consolidation of Property with associated fees to consolidate property identification
18 numbers 10-09-411-071-0000, 10-09-411-072-0000, 10-09-411-079-0000, 10-09-411-082-
19 0000, and 10-09-423-044-0000 into a single tax parcel or evidence that the petition was
20 submitted to Cook County. If the petitioner is unable to consolidate some or all of these
21 PINs, the Legal Department and Planning Division may modify the extent of this condition;
22 40. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage,
23 landscaping, structures, and any other facilities or infrastructure on the Subject Property
24 shall be maintained in a good state of repair, and when needed, be repaired or replaced in a
25 timely manner;
26 41. Parking lot and exterior lighting shall meet IES standards, be full cut-off design and be
27 directed away from adjacent properties, subject to the approval of the Engineering Division;
28 42. Any outdoor sound systems shall at all times maintain audio levels that are compliant with
29 the Village Code;
30 43. All off-street parking spaces shall be legibly striped and maintained;
31 44. The Subject Property must conform to the Village's storm water control requirements as
32 contained in the Skokie Village Code;
33 45. All modifications to building elevations, signage, and landscaping not excluded from
34 condition 4 shall be subject to the review and approval of the Skokie Appearance
35 Commission;
36 46. All existing damaged public sidewalks or sidewalks damaged due to the implementation of
37 this plan shall be replaced;
38 47. Handicapped ramps are to be provided as necessary and meet State of Illinois Accessibility
39 requirements and the Skokie Village Code;
40 48. The handicapped parking spaces shall be installed and maintained in compliance with State of
41 Illinois Accessibility Standards and the Skokie Village Code;
42 49. Vehicles shall always be parked between and not overlap the striped lines of designated
43 parking spaces and shall not block driveways, sidewalks, aisles, or other points of access;


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 1 50. The owner of the Subject Property shall ensure that employees park on the Subject
 2 Property;
 3 51. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other objects
 4 that may impede travel;
 5 52. All objects and landscaping within a 15-foot sight distance triangle shall not exceed 30
 6 inches in height, except traffic control devices listed in the Manual on Uniform Traffic Control
 7 Devices;
 8 53. The petitioner shall sign an "Agreement for Installation and Maintenance of Landscaping" to
 9 assure that the Subject Property and parkway landscaping is completed and maintained,
10 including trimming, watering, and replacing of dead plant materials in a timely manner in
11 accordance with the final approved landscape plan. A copy of said Agreement is attached
12 hereto, marked Exhibit “A” and hereby made part of this Ordinance. This “Agreement for
13 Installation and Maintenance of Landscaping" shall be recorded at the petitioner’s expense;
14 54. All new construction, alterations, and remodeling shall meet current International Building
15 and NFPA Life Safety Codes as amended;
16 55. The petitioner shall submit to the Planning Division electronic files of the plat of survey, site
17 plan, and landscape plan in their approved and finalized form. The files shall be scaled
18 CADD 2D drawing files on non-compressed, non-read only CD-ROM .dwg AutoCad format;
19 56. Prior to the issuance of building permits, the petitioner shall submit to the Planning Division
20 of the Community Development Department the name, address, and telephone number of
21 the company and contact person responsible for site maintenance in compliance with the
22 special use permit;
23 57. If work is to be performed on public property or if public property is utilized or impacted
24 during construction and/or development, the owner shall provide, or shall cause the
25 developer and/or contractor to provide, the Village of Skokie with a certificate of insurance
26 naming the Village of Skokie as additionally insured for any and all claims related to any and
27 all work. The owner shall hold, and shall cause the developer and/or contractor to hold, the
28 Village of Skokie harmless and indemnify the Village for any and all claims for property
29 damage or personal injury related to work on or use of public property;
30 58. The petitioner shall comply with all Federal and State statutes, laws, rules and regulations
31 and all Village codes, ordinances, rules, and regulations; and
32 59. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to
33 initiate hearings to determine whether the subject Ordinance, as well as any applicable
34 business licenses, should be revised or revoked. The petitioner shall pay all costs related to
35 any hearings conducted as a result of non-compliance with any of the provisions of the
36 enabling ordinance. The costs shall include but not be limited to court reporter fees,
37 attorney fees, and staff time required researching and conducting said hearing.
38 Section 2: That relief from the following Sections of Chapter 82 of the Skokie Village
39 Code is hereby granted for the following types of signage that are not located between
40 commercial buildings on the Subject Property and is generally visible from the public right-of-way:
41 a. All necessary sections of Chapter 82 so that signs may be installed on the Subject
42 Property consistent with the “Westfield Old Orchard Exterior Planning Concept – Site
43 Signage” package, as submitted to the Plan Commission and approved by the
44 Appearance Commission.
45 b. Section 82-11(4) to allow projecting “blade signs” under canopies that identify businesses.


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 1 c. Section 82-13(f)(2) to allow open tube neon signs, provided that that neon signage
 2 compliments the store design and pedestrians are not exposed to hazard from the tubing.
 3 d. Section 82-28(b)(1)a. to allow more than 1 identification sign per store front. All storefront
 4 signage shall be limited to 20% of the façade area.
 5 e. Section 82-28(b)(5) to allow for more that one store sign with different names when the
 6 storefront is designed to serve several tenants. The sign shall only contain store names.
 7 Section 3: That “accent signage” may be placed on tenant storefronts, provided that
 8 the signage is included in the 20% façade signage and 25% window signage calculations.
 9 Section 4: That relief is hereby granted from Section 90-36 of the Skokie Village
10 Code to allow the redevelopment of the Subject Property without the provision of a five feet wide
11 public sidewalk along Lawler Avenue.
12 Section 5: That relief is hereby granted from Section 118-78(b) of the Skokie Village
13 Code to allow more than 40% of the required front yard and more than 50% total lot area to be
14 covered by impermeable surfaces in an R1 district.
15 Section 6: That relief is hereby granted from Section 118-145(1) a. of the Skokie
16 Village Code to allow the stair towers of the northwest parking structure to have a maximum
17 height of 67 feet, rather than 65 feet.
18 Section 7: That relief is hereby granted from Section 118-145(2) of the Skokie Village
19 Code, which requires that no structures shall be erected or maintained within 150 feet of any
20 boundary of a B4 district in order to allow:
21 a. A future parking structure to be located 5 feet from the Old Orchard Road right of way line,
22 and at least 85 feet from the zoning district boundary.
23 b. Two parking structures on the east side of the Subject Property to be located 65 feet from
24 the zoning district boundary.
25 c. The southwest parking structure to be located 67 feet from the zoning district boundary.
26 d. The northwest parking structure to be located 9 feet from the zoning district boundary.
27 e. The department store at the northwest side of the Subject Property to be located
28 approximately 130 feet from the zoning district boundary.
29 Section 8: That relief is granted from Section 118-212(d) of the Skokie Village Code,
30 which requires that parking spaces open to an aisle or driveway to provide safe and efficient
31 vehicle access for the parking spaces, in valet parking areas designated on the approved Site
32 Plan.
33 Section 9: That relief is granted from Section 118-212(i)(1) of the Skokie Village
34 Code, which requires all surface parking lots shall have continuous curbing located a minimum
35 of 6 feet from any property line which is adjacent to street frontage, to allow curbing for the
36 surface parking to be setback 1 ½ feet from the Old Orchard Road right of way line.
37 Section 10: That relief is granted from Section 118-217(c)(3) of the Skokie Village
38 Code to allow parking in the required front yard and side yard in an R1 district.
39 Section 11: That the following Village Ordinance Numbers, be and the same are
40 hereby repealed: 76-11-Z-964, 86-11-Z-1837, 89-4-Z-2024, 90-9-Z-2177, 90-12-Z-2193, 91-12-Z-
41 2255, 92-2-Z-2269, 92-11-Z-2328, 93-6-Z-2363, 93-12-Z-2399, 94-6-Z-2632, 96-7-Z-2604, 98-6-Z-
42 2759, 00-4-Z-2888, 06-4-Z-3427, 07-8-Z-3535, 07-8-Z-3536, 07-8-Z-3537, 07-11-Z-3560, 08-5-Z-
43 3617, 08-5-Z-3618, and 09-11-Z-3716.


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 1 Section 12: That only Section 2 of Village Ordinance Number 64-7-Z-203, be and the
 2 same is hereby repealed, the remainder of the ordinance shall be in full force.
 3 Section 13: That a notice of the approval of this Ordinance incorporating the
 4 conditions contained herein shall be executed by the owner of the property in writing and duly
 5 recorded with the Cook County Recorder of Deeds Office at the owner’s expense.
 6 Section 14: That this Ordinance shall be in full force and effect from and after its
 7 passage, approval, and recordation as provided by law.
 8
 9 ADOPTED this day of January 2012.
10
11 Village Clerk
12 Ayes:
13 Nays:
14 Absent:
15 Approved by me this day of
16 Attested and filed in my January 2012.
17 office this day of
18 January 2012.
19
20 Mayor, Village of Skokie
21
22 Village Clerk




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Exhibit 1
Exhibit 2
 Exhibit A

AGREEMENT FOR
INSTALLATION AND
MAINTENANCE OF
LANDSCAPING

Plan Commission Case
2011-21P


 This Agreement is entered into this day of 2011 by and
between OLD ORCHARD URBAN LIMITED PARTNERSHIP 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:

 1. PROPERTY OWNER is the owner of real property located in the Village of Skokie,
 described as follows:
 LOT 1 (EXCEPT THAT PART DEDICATED FOR ROADWAY PURPOSES PER
 DOCUMENT NO.95633016), LOTS 2, 3, 4, 6, 7, 8, 9, 10, 12, AND 13 IN OLD ORCHARD
 RESUBDIVISION NO. 1 BEING A SUBDIVISION OF PART OF OLD ORCHARD
 SUBDIVISION, PART OF BLOCK 1 IN NILES CENTER HEIGHTS, AND BLOCKS 1, 2
 AND A PART OF BLOCK 3 IN HARMSWOOD MANOR TOGETHER WITH VARIOUS
 VACATED STREETS AND ALLEYS THEREOF, TOGETHER WITH THE VACATED 16
 FOOT ALLEY PER DOCUMENT NO. 95808783 IN THE SOUTHEAST ¼ OF SECTION 9,
 TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
 COOK COUNTY, ILLINOIS;
 EXCEPTING THEREFROM THAT PART CONVEYED TO COUNTY OF COOK BY
 TRUSTEES DEED RECORDED JUNE 5, 2009 AS DOCUMENT 0915634086; AND ALSO
 EXCEPTING THEREFROM LOTS 5 AND 11.
 PINS: 10-09-411-071 THROUGH 10-09-411-082, 10-09-423-044

 commonly known as a portion of Westfield Old Orchard Shopping Center, 4801-4999
 Old Orchard Center, Skokie, Illinois.

 2. At or near the time of execution of this Agreement, the VILLAGE granted a Site Plan
 Approval hereinafter collectively referred to as “permit” pursuant to state statutes and
 local ordinances.

 3. By the terms of the aforesaid permit, the PROPERTY OWNER is required to install
 and maintain landscaping in accordance with the plan dated October 21, 2011 or as
 it may be subsequently revised with the approval of the Village Manager, or
 designee, and the Corporation Counsel.

 4. 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.

 5. 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.

 6. 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.

 7. 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.

 8. 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.

 9. 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.

10. 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.

11. 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.

12. 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.

13. 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
 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.

14. 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.

15. 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 Old Orchard Urban Limited
 Skokie, IL 60077 Partnership
 Attention: Village Clerk 11601 Wilshire Boulevard
 11th Floor
 With copies to: Los Angeles, CA 90025
 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.

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

 17. This Agreement pertains to, runs with the subject property, and shall be binding on
 the successors, assigns, and heirs in interest.

 18. 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.



OLD ORCHARD URBAN LIMITED PARTNERSHIP VILLAGE OF SKOKIE

OLD ORCHARD URBAN LIMITED PARTNERSHIP, an Illinois limited _______________________________
partnership, as sole beneficiary under Land Trust No. 116914-09 its Village Manager
dated June 1, 1993 with Chicago Title Land Trust Company as
successor trustee to LaSalle Bank National Association, successor
trustee to American National Bank and Trust Company as Trustee ATTEST:
By: Westfield Old Orchard GP, LLC, a Delaware limited liability company,
Its general partner;
By: Westfield Head LP, a Delaware limited partnership, its sole member; _______________________________
By: Westfield America Investor L.P., a Delaware limited partnership, its its Village Clerk
general partner;
By: Westfield America G.P., Inc., a Delaware corporation, its general partner;

By:


Title ____________________________________


ATTEST:

By: _____________________________________


Its:

12579
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, January 3, 2012

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 Trustee Perille, Roberts, Sutker, Bromberg,
Shah, Lorge and Mayor Van Dusen.
Motion to approve the Consent Agenda.
Moved: Trustee Shah Seconded: Trustee Bromberg
Ayes: Perille, Roberts, Sutker, Bromberg, Shah, Lorge and Mayor Van Dusen
Nays: None.
Absent: None
MOTION CARRIED

* Approve, as submitted, minutes of regular meeting held December 19, 2011.
Omnibus vote.

* Approve Voucher List #16-FY12of January 3, 2012.
Omnibus vote.

*Proclamations and Resolutions.
Martin Luther King Day – January 16, 2012
Omnibus vote.

Appointments, Reappointments and Resignations.
A. Swearing in of the following personnel by the Village Clerk Marlene Williams.
Name Old Position New Position
Kimberly Iwanicki New Hire Police Officer
Mayor Van Dusen congratulated the new Officer who introduced her family and friends.

*B. Reappointments:
Centre East Authority Board (Three-Year Term): Daniel Kelch, Barbara Reeder
Plan Commission (Four-Year Term): Dakshes Laxpati, Mort Paradise
Zoning Board of Appeals (Four-Year Term): Sharon Roos Kirkpatrick, David Solovy,
Richard Perlin, Alan Gerstner
Omnibus vote.

*C. Resignations:
Board of Health: Dr. Marilyn Wideman
Cable Television Advisory Commission: Murray Arnow
Commission on Family Services: Mark Collins, Richard Marcus
Public Safety Commission: David Putrus
Omnibus vote.

Report of the Village Manager.
* A. Bid Report - Photocopy Equipment for Village Hall – Image Systems & Business
Solutions (ISBS), Chicago, IL - $27,170.
Motion to award a contract to Image Systems & Business Solutions (ISBS), Chicago, IL in the
amount of $27,170 for photocopy equipment for Village Hall.
Omnibus vote.

B. Request for Executive Session.
Motion to approve the request of the Village Manager for an Executive Session pursuant to
Section 2, Paragraph C.2 of the State of Illinois Open Meetings Act at the conclusion of the
regular meeting and to adjourn therefrom.
Moved: Trustee Sutker Seconded: Trustee Perille
Ayes: Perille, Roberts, Sutker, Bromberg, Shah, Lorge and Mayor Van Dusen
Nays: None.
Absent: None
MOTION CARRIED

 1
12580
Meeting of the Mayor and Board of Trustees
Tuesday, January 3, 2012 Page Two

Report of the Corporation Counsel.
CONSENT:
*A. Ordinance 12-1-C-3869
Motion to adopt an ordinance amending Chapter 10, Section 10-33, of the Skokie Village Code
pertaining to the retail sale and regulation of alcoholic liquor in the Village of Skokie. This
item is on the consent agenda for second reading and adoption.
Omnibus vote.

*B. Ordinance 12-1-Z-3870
Motion to adopt an ordinance approving a plat of dedication for Elmwood Street between
Warren Street and Searle Parkway, Skokie, Illinois in a CX Core Mixed-use district. This item
is on the consent agenda for second reading and adoption.
Omnibus vote.

* C Ordinance 12-1-Z-3871
Motion to adopt an ordinance granting a special use permit to allow outdoor displays of
vehicles at Westfield Old Orchard Shopping Center, 4801-4999 Old Orchard Center, Skokie,
Illinois in a B4 Regional Shopping district, an R1 Single-Family Residential district and a B1
Service Commercial district (2011-21(A)P). This item is on the consent agenda for second
reading and adoption.
Omnibus vote.

* D.Ordinance 12-1-Z-3872
Motion to adopt an ordinance granting site plan approval for a planned development for a
portion of Westfield Old Orchard Shopping Center at 4801-4999 Old Orchard Center, Skokie,
Illinois in a B4 Regional Shopping district and an R1 Single-Family Residential district, and
relief from certain sections of Chapters 82 and 118 of the Skokie Village Code (2011-22P).
This item is on the consent agenda for second reading and adoption.
Omnibus vote.

* E. Ordinance 12-1-Z-3873
Motion to adopt an ordinance granting a special use permit to establish and operate a motor
vehicle hand car wash in the parking garage located beneath 4905 Old Orchard Center, Skokie,
Illinois in a B4 Regional Shopping district (2011-23P). This item is on the consent agenda for
second reading and adoption.
Omnibus vote.

* F. Ordinance 12-1-Z-3874
Motion to adopt an ordinance granting a special use permit to allow outdoor vending machines
at Westfield Old Orchard Shopping Center, 4999 Old Orchard Center, Skokie, Illinois in a B4
Regional Shopping district (2011-24P). This item is on the consent agenda for second reading
and adoption.
Omnibus vote.

* G. Ordinance 12-1Z-3875
Motion to adopt an ordinance granting a special use permit to allow motor vehicle sales with
outdoor vehicle storage at Westfield Old Orchard Shopping Center, 4999 Old Orchard Center,
Skokie, Illinois in a B4 Regional Shopping district (2011-25P). This item is on the consent
agenda for second reading and adoption.\
Omnibus vote.

SECOND READING:
H. Ordinance 12-1-Z-3876
Motion to adopt an ordinance granting site plan approval for a planned development for a
portion of Westfield Old Orchard Shopping Center at 4801-4999 Old Orchard Center, Skokie,
Illinois in a B4 Regional Shopping district, an R1 Single-Family Residential district, and a B1
Service Commercial district, relief from certain sections of Chapter 82 of the Skokie Village
Code pertaining to signage and certain sections of Chapter 118 pertaining to parking

 2
 12581
Meeting of the Mayor and Board of Trustees
Tuesday, January 3, 2012 Page Three

regulations, and repeal of Village Ordinance Numbers 76-11-Z-964, 86-11-Z-1837, 89-4-Z-
2024, 90-9-Z-2177, 90-12-Z-2193, 91-12-Z-2255, 92-2-Z-2269, 92-11-Z-2328, 93-6-Z-2363,
93-12-Z-2399, 94-6-Z-2432, 96-7-Z-2604, 98-6-Z-2759, 00-4-Z-2888, 06-4-Z-3427, 07-8-Z-
3535, 07-8-Z-3536, 07-8-Z-3537, 07-11-Z-3560, 08-5-Z-3617, 08-5-Z-3618, and 09-11-Z-
3716 (2011-21P). This item is on the agenda for second reading and adoption.
Moved: Trustee Sutker Seconded: Trustee Roberts
Ayes: Perille, Roberts, Sutker, Bromberg, Shah, Lorge and Mayor Van Dusen
Nays: None.
Absent: None
MOTION CARRIED

2012-13 Community Development Block Grant Public Hearing #2.

CDBG Administrator Carrie J. Haberstich presented the Public Hearing.

2012-2013 CDBG Funding Proposals
The Village's entitlement grant for 2012-2013 is not known yet. We are estimating $425,000
at this point based on hearing reports that CDBG funding is expected to decrease once again.
In addition to the new entitlement, we will reprogram approximately $4,500 in unobligated
funds from completed projects and $4,100 in program income this past year. The estimated
2012-2013 budget is therefore $433,600. Proposals from both Village staff and outside
agencies total $605,114, so reductions totaling $171,514 will be necessary. The program cap
of 20% for administrative funding is applied against the new entitlement only while the 15%
for public service funding (non-capital expenditures) is applied against the new entitlement
plus the program income.

 STAFF PROPOSALS

1. Program Administration and Planning $ 85,000
2. Home Improvement Program 120,000
3 Street and Alley Resurfacing 175,000
4. Sidewalk Replacement Program 3,000
5. Social Worker 35,380


TOTAL PROPOSED STAFF PROJECTS $418,380

Construction/Capital Improvement/Rehabilitation

Housing Authority of Cook County
The Housing Authority of Cook County (HACC) is requesting funding to replace three non-
compliant curb ramps at the Armond King Apartment at 9238 Gross Point Road.
 26,500
CJE Senior Life
CJE is requesting funding to replace two industrial 40-gallon capacity kettles in the Lieberman
Center for Health and Rehabilitation kitchen at 9700 Gross Point Road . 20,005

Turning Point
Turning Point proposes to construct three new offices within the Turning Point building
located at 8324 Skokie Boulevard. 7,550

Search
Search operates 14 group homes in Skokie, and the agency is requesting funding for the
remodeling of two bathrooms to increase accessibility and safety in a group home for women
with developmental disabilities located at 7807 Keeler. 18,750




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Meeting of the Mayor and Board of Trustees
Tuesday, January 3, 2012 Page Four

SHORE
SHORE is seeking funding to eliminate a moisture problem in the crawl space that may be
caused by cracks related to foundation damage in a section of the CILA at 8900 Central Park
Ave. 17,250

Orchard Village
Orchard Village is requesting funding for interior and exterior remodeling of a group home for
six male residents with developmental disabilities at 3856 Brummel St. 33,821

Public Services

Center for Enriched Living
The Center for Enriched Living (CEL) is requesting funding to provide scholarships so that
low-income people with developmental disabilities can be fully included in the community,
achieve personal success, and enjoy a good quality of life, by participating in CEL programs.
 5,000

Maine-Niles Association of Special Recreation (MNASR)
M-NASR is requesting funding to provide financial aid to extremely low- to low-income
children and adults with developmental disabilities, enabling them to participate in therapeutic
recreation activities. 9,108

Access to Care
The Access to Care Program is sponsored by the Suburban Primary Health Care Council
located in Westchester, Illinois, and is requesting funding to provide access to primary medical
services to low- income residents of Skokie. 10,000

PEER Services
PEER Services is requesting funding to offset the costs associated with employing a half-time
substance abuse treatment engagement and retention specialist. 10,000

Children’s Advocacy Center
The Children's Advocacy Center is requesting funding to offset the cost of a child and family
advocate/counselor position to support child victims of abuse, and their non-offending family
members, through expert child interviews, medical evaluations, and crisis intervention services
during the investigation of the alleged abuse 3,000

The Harbour
The Harbour, Inc. is a Park Ridge-based agency is requesting funding to offset the cost of staff
functions to serve the needs of homeless youth (including locked-out, runaway, and
abandoned) ages 12-21 in the north and northwest suburbs 8,000

North Shore Senior Center
The NSSC is requesting funding to offset the staffing costs associated with providing long-
term case management and counseling services to Skokie’s homebound, low-income elderly
and their families. 10,000

Interfaith
Interfaith Housing Center of the Northern Suburbs is requesting funding to offset the costs of
staffing to work with renters in foreclosed, multi-family buildings to understand their rights,
prevent eviction, and review options, which could include tenant ownership. 3,000

Metropolitan Family Services
Metropolitan Family Services (MFS) is requesting funding to cover a portion of the costs of a
counselor and intake worker who provides information and referral services. 5,000

TOTAL ADDITIONAL PROPOSALS $186,734


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Meeting of the Mayor and Board of Trustees
Tuesday, January 3, 2012 Page Five


Representatives from each of the organizations explained their requests. Staff
recommendations will be presented at the final public hearing on Monday, February 6th.




Citizen Comments. None




Adjournment
Motion to adjourn at 9:41 p.m.
Moved: Trustee Perille Seconded: Trustee Roberts
Ayes: Perille, Roberts, Sutker, Bromberg, Shah, Lorge and Mayor Van Dusen
Nays: None.
Absent: None.
MOTION CARRIED




 __________________________

 Marlene Williams, Village Clerk




Approved:
______________________
George Van Dusen, Mayor


A Closed Session was held in the main floor conference room at 9:45. Those present were
Mayor Van Dusen, Clerk Williams. Trustees Perille, Roberts, Sutker, Bromberg, Shah and
Lorge. Also present were Manager Rigoni, Assistant Manager Lockerby, Corporation Counsel
Hanley, Fire Chief Czerwinski and Personeel Director Ballowe. The meeting ended at 10:20
p.m.




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Tuesday, January 3, 2012 Page Six




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