Board of Trustees — Skokie, IL
Date: 2012-05-07

MONDAY, MAY 7, 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 April 16, 2012.

* 5. Approve Voucher List #24-FY12 of May 7, 2012.

 6. Proclamations and Resolutions.
 A. Proclamations:
 Niles North Chess Team Day – May 7, 2012
 * Police Week – May 13-19, 2012
 * Emergency Medical Services Week – May 20-26, 2012
 * National Public Works Week – May 20-26, 2012

 7. Recognition, Presentations and Awards.
 A. Presentations:
 Presentation of LEED Certificate by Doug Widener, Executive Director, U.S. Green
 Building Council – Illinois Chapter
 Introduction of Medical Reserve Corps Volunteers by Dr. Catherine Counard,
 Director of Health and Claudia Braden, Emergency Response Coordinator

* 8. Appointments, Reappointments and Resignations.
 A. Appointment:
 Consumer Affairs Commission (Two-Year Term): Biju Krishnan
 B. Reappointment:
 Zoning Board of Appeals (Four-Year Term): Ilonka M. Ulrich

 9. Report of the Village Manager.
 A. Recommendation for Cook County Class 6B Property Tax Incentive – 8261 Elmwood
 Avenue.
 * B. Government Accounting Standards Board (GASB).
 * C. Bid Report – 2012 Non-Arterial Street Resurfacing Program – Peter Baker & Son
 Co., Lake Bluff, IL - $1,064,340.81.
 * D. 2012 Crack Sealing Services – North Suburban Asphalt - $33,000.

 10. Report of the Corporation Counsel.
 CONSENT:
 * A. An ordinance vacating a portion of the unopened and unimproved residential
 northwest - southwest alley in the 6751-6800 block between Dowagiac Avenue and
 Ionia Avenue, in an R2 Single-Family Residential district (2012-1P). This item is on
 the consent agenda for second reading and adoption.
 * B. An ordinance granting a special use permit to allow religious assembly at 8746 East
 Prairie Road, Skokie, Illinois, in a B2 Commercial district and relief from Chapter 118,
 Section 118-218(2) of the Skokie Village Code (2012-3P). This item is on the
 consent agenda for second reading and adoption.
 * C. An ordinance amending the zoning map with regard to the property located at 3600-
 3650 and 3710-3714 Touhy Avenue, 3649 Chase Avenue, and 7229 and 7254 St.

402274
 Louis Avenue, Skokie, Illinois from an M3 Industry district to a B2 Commercial district
 (2012-4P). This item is on the consent agenda for second reading and adoption.
 * D. An ordinance approving and accepting a plat of subdivision for the properties located
 at 3530-3690 and 3710-3714 Touhy Avenue, 3649 Chase Avenue, and 7254 St.
 Louis Avenue with dedications of parcels of land along Chase Avenue and St. Louis
 Avenue, Skokie, Illinois in a B2 Commercial district (2012-5P). This item is on the
 consent agenda for second reading and adoption.
 * E. An ordinance granting site plan approval for a planned development at 3530-3690
 and 3710-3714 Touhy Avenue, Skokie, Illinois in a B2 Commercial district, and relief
 from certain sections of Chapters 82 and 118 of the Skokie Village Code (2012-6P).
 This item is on the consent agenda for second reading and adoption.
 * F. An ordinance granting a special use permit to establish and operate a bank with a
 four-lane drive-through facility at 3636 Touhy Avenue, Skokie, Illinois in a B2
 Commercial district and relief from Sections 82-7(12) and 82-28(B)(1) of the Skokie
 Village Code (2012-7P). This item is on the consent agenda for second reading and
 adoption.
 * G. An ordinance granting a special use permit to establish and operate a bank with a
 three-lane drive-through facility at 3654 Touhy Avenue, Skokie, Illinois in a B2
 Commercial district (2012-8P). This item is on the consent agenda for second
 reading and adoption.
 * H. An ordinance granting a special use permit for packaged liquor sales at 3626 Touhy
 Avenue, Skokie, Illinois in a B2 Commercial district (2012-9P). This item is on the
 consent agenda for second reading and adoption.
 * I. An ordinance granting a special use permit for temporary seasonal garden and plant
 material sales and outdoor vending machines at 3626 Touhy Avenue, Skokie, Illinois
 in a B2 Commercial district (2012-10P). This item is on the consent agenda for
 second reading and adoption.
 J. Request for an executive session in accordance with paragraph 2(c)(11) of the
 Illinois Open Meetings Act pertaining to the review and discussion of pending
 litigation.

 11. Unfinished Business.

 12. New Business.

 13. Plan Commission.
 A. Plan Commission Case 2012-11P – Zoning Map Amendment: 3448-3464 Touhy
 Avenue (M3 Industry to B2 Commercial)
 B. Plan Commission Case 2012-12P – Planned Development: 3448-3464 Touhy
 Avenue
 C. Plan Commission Case 2012-13P – Special Use Permit: 3450 Touhy Avenue
 D. Plan Commission Case 2012-17P – Zoning Chapter Amendment

 14. Citizen Comments.

 15. Adjournment.




402274
 WHEREAS, the Niles North High School Chess Team won all seven of its matches and
captured the Illinois High School Association (IHSA) 2012 State Chess Championship crown at
the state tournament held February 10th and 11th, 2012 in Peoria, Illinois; and

 WHEREAS, Junior, David Paykin, demonstrated exemplary skill, tenacity, and fighting
spirit by winning his crucial sixth round match in a momentous come from behind victory which
kept the Team’s title hopes alive, and ultimately lead to the Team securing the championship title;
and

 WHEREAS, the Niles North Chess Team finished in 5th place at the United States
Federation (USCF) National K-12 Championship Tournament held April 12 through 15, 2012,
held in Minneapolis, Minnesota; and

 WHEREAS, Senior, Eric Rosen, finished in second place, individually, at the National
K-12 Championship and further, along with his partner, Matthew Dahl of Edina, Minnesota,
captured the National Bughouse Championship in a sanctioned side event competition; and

 WHEREAS, Chess Team Coach, Harry Kyriazes, is recognized as one of the premier
high school coaches in the United States and the State of Illinois having coached the Chess Team
since 1999, and guided the Niles North Chess Team to state championship titles in 2006, 2010,
and 2012, as well as four second place finishes, and two third place finishes at state
championship tournaments during his tenure as coach; and

 WHEREAS, Coach Kyriazes, and fellow coaches Heather Ingraham, and Mases
Hagopian, are recognized for their unique and innovative approaches in providing a nurturing
training environment where the qualities of teamwork, mutual respect, camaraderie, and
leadership development are held in the highest regard; and

 WHEREAS, Niles Township High School District 219 has supported the chess program
over the years, and in so doing has furthered its mission to improve the academic achievement of
every student by offering programs such that every student may achieve his or her optimal
potential; and

 WHEREAS, Niles North High School has unveiled a prominent banner on today’s date
recognizing the accomplishments and congratulating the 2012 Niles North State Champion Chess
Team, and that said banner will be displayed on the west side of the Niles North building and
visible to all motorists who travel the I-94 Interstate.

 NOW, THEREFORE, I, GEORGE VAN DUSEN, Mayor of the Village of Skokie, do
hereby proclaim May 7, 2012 as

 “NILES NORTH CHESS TEAM DAY”

in the Village of Skokie and congratulate the members and coaching staff of the Niles North
Chess Team on their many accomplishments, and wish each team member the very best in his
future endeavors.

 ____________________________________________
 George Van Dusen, Mayor

____________________________________
Marlene Williams, Village Clerk
VOSDOCS-#402269-v1-Proc__Niles_North_Chess_Team
 WHEREAS, the Congress and President of the United States have designated May
15th as Peace Officers’ Memorial Day, and the week in which it falls as Police Week; and

 WHEREAS, the members of the law enforcement agency of Skokie, Illinois, play an
essential role in safe-guarding the rights and freedoms of Skokie; and

 WHEREAS, it is important that all citizens know and understand the problems,
duties and responsibilities of their police department, and that members of our police
department recognize their duty to serve the people, by safeguarding life and property, by
protecting them against violence, or disorder, and by protecting the innocent against deception
and the weak against oppression; and

 WHEREAS, the police department of Skokie has grown to be a modern and scientific
law enforcement agency, that unceasingly provides a vital public service.

 NOW, THEREFORE, I, GEORGE VAN DUSEN, Mayor of the Village of
Skokie do hereby proclaim the week of May 13 - 19, 2012, as


 “POLICE WEEK”

and call upon all citizens of Skokie and upon all patriotic, civic and educational organizations,
to observe Police Week, with appropriate ceremonies in which all of our people may join in
commemorating police officers, past and present, who by their faithful and loyal devotions to
their responsibilities, have rendered a dedicated service to their communities and, in doing so,
have established for themselves an enviable and enduring reputation for preserving the rights
and security of all citizens.

I further call upon all citizens of Skokie to observe May 15th, as Peace Officers’ Memorial
Day, in honor of those peace officers who, through their courageous deeds, have lost their
lives or have become disabled in the performance of duty.

 Dated this 7th day of May 2012
 _________________________________
 George Van Dusen
 Mayor
_______________________________________
Marlene Williams
Village Clerk




VOSDOCS-#17167-v1-Proc___Police_Week_
 WHEREAS, emergency medical services is a vital public service; and

 WHEREAS, the members of emergency medical services teams are ready
to provide lifesaving care to those in need 24 hours a day, seven days a week;
and

 WHEREAS, access to quality emergency care dramatically improves the
survival and recovery rate of those who experience sudden illness or injury; and

 WHEREAS, emergency medical services teams consist of emergency
physicians, emergency nurses, emergency medical technicians, paramedics,
firefighters, educators, administrators, and others; and

 WHEREAS, the members of emergency medical services teams, whether
career or volunteer, engage in thousands of hours of specialized training and
continuing education, to enhance their lifesaving skills; and

 WHEREAS, it is appropriate to recognize the value and the
accomplishments of emergency medical services providers by designating
Emergency Medical Services Week.


 NOW, THEREFORE, I, GEORGE VAN DUSEN, Mayor of the Village of
Skokie, do hereby proclaim the week of May 20 - 26, 2012, as


 “EMERGENCY MEDICAL SERVICES WEEK”

and encourage the community to observe this week with appropriate programs,
ceremonies, and activities.

 Passed this 7thday of May 2012

 ____________________________________
 George Van Dusen
 Mayor
_____________________________________
Marlene Williams, Village Clerk




VOSDOCS-#68470-v1-Proc__Emergency_Medical_Services_Week
 WHEREAS; public works services provided in the Village of Skokie are an
integral part of our citizens’ everyday lives; and

 WHEREAS; the support of an understanding and informed citizenry is vital to
the efficient operation of public works systems and programs, such as state-of-the-
art storm water runoff control, comprehensive refuse and recycling collection,
specialized traffic and civil engineering, dedicated maintenance of the urban forest,
maintenance of public rights-of-way and public buildings, maintenance of the public
fleet and efficient and effective snow removal; and

 WHEREAS; the health, safety, and comfort of this community greatly depends
on these services and programs; and

 WHEREAS; the quality and effectiveness of these services and programs is
vitally dependant upon the efforts and skill of public works staff; and

 WHEREAS; the Skokie Public Works Department has achieved accreditation
from the American Public Works Association; and

 WHEREAS; the accreditation of the Skokie Public Works Department has made
Skokie the only community in the United States to achieve accredited public works,
police, and fire departments; and

 WHEREAS; the efficiency of the qualified and dedicated personnel, who staff
public works divisions, is influenced by the people’s attitude and understanding of
the importance of the work they perform,

 NOW, THEREFORE, I, GEORGE VAN DUSEN, Mayor of the Village of Skokie,
do hereby proclaim the week of May 20 - 26, 2012, as


 “NATIONAL PUBLIC WORKS WEEK”

in the Village of Skokie, Illinois, and urge all our citizens to acquaint themselves with
the issues involved in providing public works services and to recognize the
contributions, which public works staff make every day, to our health, safety,
comfort, and quality of life.

 Dated this 7th day of May 2012

 _______________________________
 George Van Dusen
 Mayor
________________________________
Marlene Williams, Village Clerk



#135031 – Proc. “National Public Works Week”
 JPH: *5/7/12
 A
 PC: 2012-1P

 THIS ORDINANCE MAY BE CITED AS
 VILLAGE ORDINANCE NUMBER
 12-5-Z-

 AN ORDINANCE VACATING A PORTION THE UNOPENED AND
 UNIMPROVED RESIDENTIAL NORTHWEST-SOUTHWEST ALLEY
 IN THE 6751-6800 BLOCK BETWEEN DOWAGIAC AVENUE
 AND IONIA AVENUE, IN AN R2 SINGLE-FAMILY
 RESIDENTIAL DISTRICT

 1 WHEREAS, the Community Development Department continues the alley vacation
 2 program (“Program”) that was initiated in 2002, in which the Village vacates unopened and
 3 unimproved residential alleys that are unnecessary for Village transportation and access
 4 needs; and

 5 WHEREAS, the alleys to be vacated were dedicated along with the original
 6 subdivisions, however, they were never improved when the homes were constructed, and
 7 the Village does not have any intent to open or improve them; and

 8 WHEREAS, the Program benefits both property owners, by receiving increased land
 9 area that will potentially increase the value and development potential of their property, and
10 the Village by reducing maintenance costs; and

11 WHEREAS, the alley to be vacated in this case, is the southeast 532.00 feet of the
12 northwest-southeast alley in the 6751-6800 block between Dowagiac Avenue, located in the
13 City of Chicago and Ionia Avenue, located in the Village of Skokie (the “Subject Property”);
14 and

15 WHEREAS, the Subject Property is depicted on the Plat of Vacation, dated February
16 28, 2012, a copy of which is attached hereto as Exhibit “A”; and

17 WHEREAS, the Village is conveying the entire 16-foot width of the Subject Property
18 to the adjacent property owners on Ionia Avenue, as the north side of the alley is the border
19 between the Village of Skokie and the City of Chicago; and

20 WHEREAS, the full 16.00-foot width of the northwestern 63.00 feet of this alley was
21 previously vacated in 1980 and vested to the property at 6797 Ionia Avenue, Skokie; and

22 WHEREAS, the Subject Property is located in an R2 Single-Family Residential
23 district within an area bounded by Chicora Avenue, Dowagiac Avenue, Waukesha Avenue,
24 and Ionia Avenue, and is legally described in Exhibit “B” attached hereto; and

25 WHEREAS, the nature and extent of the public use or public interest to be
26 subserved in the Subject Property shall warrant the vacation of the same; and




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 VOSDOCS-#401270-v1-Ordinance__2012-1P__Alley_Vacation__Northwest-Southeast_Ally__6751-
 6800_block_between_Dowagiac_Avenue_&_Ionia_Avenue
 1 WHEREAS, the title and ownership of the portion of the Subject Property to be
 2 vacated shall, pursuant to 65 ILCS 5/11-91-1, vest in the abutting Skokie property owners
 3 as identified by the Permanent Index Numbers (hereinafter “PIN”) and are listed by PIN
 4 block numbers in Exhibit “B” attached hereto; and

 5 WHEREAS, the only structure that may be built on the vacated alleys is a fence, and
 6 that any and all structures built or maintained by the property owners are done so at the
 7 property owners’ risk. The Village will have the right to enter upon the vacated alley and
 8 may damage or remove the structure, should the Village need to access the area covered
 9 by the easement; and

10 WHEREAS, the Village will remove any existing alley aprons and restore parkways,
11 sidewalks and any curbs, if necessary; and

12 WHEREAS, a permanent public easement for drainage purposes shall be
13 maintained by the Village, as well as easements for Village and Village-franchised public
14 utilities will remain over the entire area to be vacated; and

15 WHEREAS, no compensation shall be paid by the owners of the abutting properties
16 for the value of the real estate which may accrue to them by reason of the enactment of this
17 Ordinance, since it has been determined that the vacation of alleys and the vacated portion
18 will benefit both residents and the Village; and

19 WHEREAS, the abutting property owners of the Subject Property were duly notified
20 of the Skokie Plan Commission proceedings and presented no objection to the proposed
21 vacation; and

22 WHEREAS, at a public hearing of the Skokie Plan Commission, duly held on March
23 1, 2012, for which proper legal notice had been achieved, several interested parties spoke:
24 (i) One person had a concern that her property taxes may increase, due to the
25 additional land, but she wouldn’t be allowed to build on the additional
26 property. A Commissioner replied that the added square footage would
27 increase her yard space, enabling her to build a larger addition that would not
28 be otherwise possible, and give her control over the property in back of her
29 house. That same person asked for clarification regarding the condition that
30 prohibits the alteration of the drainage pattern on the vacated property. Staff
31 replied she could not construct a concrete patio in the vacated alley, but
32 leaving the area covered by dirt or grass would not impact the drainage;
33 (ii) Another person stated some of the properties on the Chicago side of the alley
34 had gates that accessed the alley and asked if the Chicago residents could
35 protest that their access was being restricted to the alley if it were to be
36 vacated. Staff replied that the Village has the right to direct alley land to the
37 properties along Ionia because the alley falls entirely within the Village of
38 Skokie.
39 (iii) Another interested party was concerned over liability of the land received
40 from the vacated alley. A Commissioner replied that she would be liable for
41 the additional land received and recommended that she inform her insurance
42 company regarding the matter; and

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 VOSDOCS-#401270-v1-Ordinance__2012-1P__Alley_Vacation__Northwest-Southeast_Ally__6751-
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 1 WHEREAS, after hearing all testimony, the Skokie Plan Commission: (a) made the
 2 appropriate findings of fact as required under Section 118-32 of the Skokie Village Code
 3 and (b) voted to recommend to the Mayor and Board of Trustees that the Subject Property
 4 be vacated, subject to the conditions set forth in the Plan Commission Report dated April 2,
 5 2012; and

 6 WHEREAS, the Mayor and Board of Trustees of the Village of Skokie, at a public
 7 meeting duly held April 2, 2012, concurred in the recommendation of the Skokie Plan
 8 Commission;

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

11 Section 1: That the following portion of the alley commonly described below, and
12 legally described in Exhibit “B” attached hereto, and depicted on the Plat of Vacation, dated
13 February 28, 2012, a copy of which is attached hereto as Exhibit “A”, located in the Village
14 of Skokie, be and the same is hereby vacated:

15 the rectangular-shaped southeast 532.00 feet portion of the unimproved 16-foot wide
16 northwest-southeast alley in the 6751-6800 block between Dowagiac Avenue and
17 Ionia Avenue,

18 and the title to the vacated alley shall vest to the abutting Skokie property owners pursuant
19 to 65 ILCS 5/11-91-1, as identified by their Permanent Index Numbers set out in Exhibit “B”
20 attached hereto.

21 Section 2: The aforesaid vacation is subject to the conditions set forth below:
22 1. Easements shall be and are hereby reserved on, in and over the Subject
23 Property for all Village and Village-franchised public utilities over the Subject Property. A
24 permanent public drainage easement for the benefit of the Village shall be, and is hereby,
25 reserved on, in and over the Subject Property.
26 2. Property owners shall not alter the grade or change the drainage pattern in
27 the Subject Property without a permit from the Engineering Division.
28 3. Other than a fence, no structures shall be constructed or trees planted in the
29 Subject Property.
30 Section 3: The Village, on its own behalf and on behalf of Village-franchised
31 public utilities, shall retain the right of entry upon the Subject Property in order to install,
32 repair, replace or remove, or engage in the maintenance of, any equipment or facility of any
33 such utility or the drainage conditions in the Subject Property. In the course of repair,
34 replacement or removal, or maintenance of equipment or facilities of a Village-franchised
35 public utility, or drainage conditions in, on or over the Subject Property, the Village or the
36 Village-franchised public utility shall not be held liable by any owner of the Subject Property
37 for any damage to structures, landscaping, or fences in, on or over the Subject Property.
38 Any and all structures, including a fence, built or maintained on the Subject Property are
39 done so at the owner of the Subject Property’s own risk.




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 VOSDOCS-#401270-v1-Ordinance__2012-1P__Alley_Vacation__Northwest-Southeast_Ally__6751-
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 1 Section 4: That the aforesaid vacation, incorporating the conditions contained
 2 herein, shall be effective upon the recording of a Plat of Vacation, by the Village of Skokie,
 3 in the Office of the Recorder of Deeds of Cook County.

 4 Section 5: That no compensation shall be paid by the owners of the abutting
 5 properties for the value of the real estate which may accrue to them by reason of the
 6 enactment of this ordinance and that the public interest and benefit will be subserved by the
 7 vacation of the property referenced herein.

 8 Section 6: It is the intention of the Village that ownership and title to the vacated
 9 alley shall pass to and vest in the adjacent Skokie property owners, as listed by the
10 Permanent Index Numbers in Exhibit “B”.

11 Section 7: That this Ordinance shall be in full force and effect from and after its
12 passage, approval, and recordation as provided by law.
13 ADOPTED this day of May 2012.
14
15 Village Clerk
16 Ayes:
17 Nays:
18 Absent:
19 Approved by me this day of
20 Attested and filed in my May 2012.
21 office this day of
22 May 2012.
23
24 Mayor, Village of Skokie
25
26 Village Clerk
27
28
29
30
31




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 VOSDOCS-#401270-v1-Ordinance__2012-1P__Alley_Vacation__Northwest-Southeast_Ally__6751-
 6800_block_between_Dowagiac_Avenue_&_Ionia_Avenue
Exhibit A
 Exhibit B



 LEGAL DESCRIPTION


THAT PART OF THE 16 FOOT ALLEY LYING WESTERLY OF THE
WESTERLY RIGHT OF WAY LINE OF WAUKESHA AVENUE EXTENDED
NORTHERLY; LYING NORTHERLY OF LOTS 1 TO 10, BOTH INCLUSIVE,
AND NORTHERLY OF LOT 11 (EXCEPT THAT PART LYING NORTHERLY OF
THE WESTERLY 13 FEET, EXTENDED NORTHERLY) IN THELIN AND
THELIN’S NORTH OF EDGEBROOK SUBDIVISION, BEING A SUBDIVISION
OF THE SOUTHWESTERLY 174 FEET OF LOT 46 IN OGDEN AND JONES
SUBDIVISION OF BRONSON’S PART OF CALDWELL’S RESERVATION IN
TOWNSHIP 40 AND 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN COOK COUNTY, ILLINOIS.


 AFFECTED INDEX NUMBERS (PINS)

 10-33-332-030-0000 10-33-332-007-0000
 10-33-332-025-0000 10-33-332-008-0000
 10-33-332-031-0000 10-33-332-009-0000
 10-33-332-032-0000 10-33-332-010-0000
 10-33-332-006-0000 10-33-332-021-0000
 10-33-332-026-0000
 JPH: *5/7/12
 B
 PC: 2012-3P
 SUP: 390.01
 THIS ORDINANCE MAY BE CITED AS
 VILLAGE ORDINANCE NUMBER

 12-5-Z-


 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW
 RELIGIOUS ASSEMBLY AT 8746 EAST PRAIRIE ROAD, SKOKIE,
 ILLINOIS IN A B2 COMMERCIAL DISTRICT AND RELIEF FROM
 CHAPTER 118, SECTION 118-218(2) OF THE SKOKIE VILLAGE CODE

 1 WHEREAS, the owners of the following described real property, on behalf of Young
 2 Israel Club of Skokie, Inc. (the “Synagogue”):

 3 LOTS 4, 5, AND 6 IN BLOCK 1 IN DEMPSTER CRAWFORD MANOR SUBDIVISION IN
 4 THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 41 NORTH, RANGE 13,
 5 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF EAST PRAIRIE ROAD
 6 (EXCEPT THE SOUTH 17 ½ CHAINS) AS PER PLAT THEREOF RECORDED AS
 7 DOCUMENT 9025818 IN COOK COUNTY, ILLINOIS.
 8 PINS: 10-23-105-017-0000, 10-23-105-018-0000, 10-23-105-019-0000

 9 more commonly described as 8746 East Prairie Road, Skokie, Illinois (the “Subject
10 Property”), petitioned the Village of Skokie for a special use permit to allow religious
11 assembly in a B2 Commercial district; and

12 WHEREAS, the Synagogue desires to relocate from its current location at 3740
13 Dempster Street into the existing building at the Subject Property, and renovate the interior to
14 include a sanctuary, social hall space, a kitchen, children’s room, and an office; and

15 WHEREAS, the renovation plan anticipates that the existing interior walls of the
16 building will be demolished, in order to create a flexible seating area for the sanctuary with
17 movable partitions. This would enable an expansion of the synagogue area as needed. Under
18 the smaller layout of 54 seats, a total of 14 parking spaces would be required while the
19 expanded space, with 72 seats, would require 18 parking spaces; and

20 WHEREAS, the existing parking lot can only accommodate 10 parking spaces;
21 however, since the Synagogue’s congregation is orthodox, the parking lot would only be
22 utilized during weekday services and meetings. On the Sabbath, all members would walk to
23 the Subject Property. When the Synagogue hosts larger non-Sabbath services, and up to 100
24 people could attend, the overflow parking would be held in the Village’s parking lot at the
25 northwest corner of Dempster Street and East Prairie Road. No overflow parking would be
26 permitted on the streets in the adjacent residential neighborhood; and

27 WHEREAS, during the review of the case, Community Development staff determined
28 that pursuant to Section 118-141(b)(5) of the Skokie Village Code, installation of 6-foot tall
29 screening along the south property line between the Subject Property and the adjacent
30 residentially zoned property would be required. However, there is insufficient space to install

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 VOSDOCS-#400766-v2-Ordinance__2012-3P__SUP__Religious_Assembly__8746_East_Prairie__Young_Israel_Club_of_Skokie
 1 such screening due to an existing residential fence at 8742 East Prairie Road, therefore relief
 2 from Section 118-141(b)(5) would be appropriate. Additionally, staff recommended to the Plan
 3 Commission as a condition, that if the fence was removed at some point in the future and not
 4 replaced with any form of screening, the Synagogue would be responsible for installing a new
 5 6-foot tall screening in that location to be compliance with 118-141(b)(5); and

 6 WHEREAS, thus, relief was requested from the following sections of the Skokie Village
 7 Code: (i) Section 118-218(2) in order to reduce the number of required off-street parking
 8 spaces from 14 – 18 spaces to 10 spaces, and (ii) Section 118-141(b)(5) in order to forego
 9 visual screening along the property line adjacent to residentially zoned property; and

10 WHEREAS, Community Development Department staff supported the required relief
11 due to the fact that the use would have no adverse impact on the residential area as the
12 synagogue was orthodox and the members would be walking to services on the Sabbath and
13 Jewish High Holidays; and

14 WHEREAS, the Skokie Plan Commission, at a public hearing duly held on March 15,
15 2012, for which proper legal notice had been achieved and no interested parties appeared,
16 and after hearing all testimony, the Skokie Plan Commission (a) made the appropriate
17 findings of fact as required under Section 118-32 of the Skokie Village Code and (b) voted
18 to recommend to the Mayor and Board of Trustees that the requested special use permit be
19 granted subject to the conditions contained in the Plan Commission Report dated April 2,
20 2012; and

21 WHEREAS, subsequent to the Plan Commission meeting, petitioners submitted
22 revised site plan and elevations, which included the addition of a wall sign on the front of the
23 building and the removal of an existing linden tree. These plans were reviewed and
24 approved by Community Development staff; and

25 WHEREAS, additionally, as a result of discussions between the Community
26 Development Department and the Corporation Counsel’s Office, it has been determined
27 that relief from Section 118-141(b)(5) is not necessary since the Subject Property is in
28 compliance with the Village Code, due to the existence of the fence located at 8742 East
29 Prairie Road. However, as stated in condition number 2, should the property owner at 8742
30 East Prairie Road remove their fence at any time in the future and not replace it with any
31 type of screening, the Synagogue shall be required to install new 6-foot high screening, as
32 required per Section 118-141 (b)(5) of the Skokie Village Code;

33 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on April 2,
34 2012, concurred in the aforesaid recommendations and findings of fact of the Skokie Plan
35 Commission;

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

38 Section 1:  That the special use permit requested by the petitioner, on behalf of
39 Young Israel Club of Skokie, Inc., to allow religious assembly at the Subject Property,
40 described above and commonly known as 8746 East Prairie Road, Skokie, Illinois, in a B2



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 1 Commercial district, be and the same is hereby granted and approved subject to each of the
 2 conditions set forth below:
 3 1. Prior to the issuance of an occupancy permit, the petitioners shall:
 4 A. Install concrete wheel stops at all parking spaces at a distance of 2 ½ feet from
 5 the property line,
 6 B. Raise and level the sidewalk along the south side of the property to eliminate trip
 7 hazards;
 8 2. If the property owner at 8742 East Prairie Road removes their fence at any time in the
 9 future and does not replace it with any type of screening, the synagogue shall be
10 required to install new 6 foot high screening, as required per Section 118-141 (b)(5) of
11 the Skokie Village Code;
12 3. Two bicycle parking spaces must be provided in compliance with Section 118-221 of the
13 Skokie Village Code and must be constructed in the location as depicted on the
14 approved Site Plan;
15 4. Prior to the issuance of building permits, the petitioners shall submit detailed plans with
16 specifications on the kitchen for review by the Health Department;
17 5. The maximum seating capacity in the worship area shall be limited to 72 seats;
18 6. Any overflow parking that may occur during a service must be directed to park in the
19 Village’s municipal lot at the northwest corner of Dempster Street and East Prairie Road;
20 7. Any change in user to another religious group shall require an application for a new
21 special use permit, including public hearings;
22 8. Prior to the issuance of building permits, the petitioners must submit to the Village of
23 Skokie Community Development Department a Cook County Assessor's Office Petition
24 to Consolidation of Property with associated fees to consolidate property identification
25 numbers 10-23-105-017-0000, 10-23-105-018-0000, and 10-23-105-019-0000 into a
26 single tax parcel or evidence that the petition was submitted to Cook County;
27 9. The petitioners must develop the Subject Property in substantial conformance with the
28 final Village approved proposed elevations, proposed site plan, proposed floor plan, and
29 alternate floor plan, all dated March 21, 2012;
30 10. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage,
31 landscaping, structures, and any other facilities or infrastructure on the Subject Property
32 must be maintained in a good state of repair, and when needed, be repaired or replaced
33 in a timely manner;
34 11. Parking lot and exterior lighting must meet IES standards, be full cut-off design and be
35 directed away from adjacent properties, subject to the approval of the Engineering
36 Division;
37 12. All off-street parking spaces must be legibly striped and maintained;
38 13. All modifications to building elevations, signage, and landscaping shall be subject to the
39 review and approval of the Skokie Appearance Commission;
40 14. All signage must conform to the Skokie Village Code. Any sign on the Subject Property
41 that is in violation of that Code must be removed or modified to conform with the Village


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 1 Code prior to the issuance of an occupancy permit;
 2 15. Vehicles must always be parked between, and not overlap, the striped lines of
 3 designated parking spaces and must not block driveways, sidewalks, aisles, or other
 4 points of access;
 5 16. All private and public sidewalks must be maintained free of snow, ice, sleet, or other
 6 objects that may impede travel;
 7 17. All landscaping must be maintained to a maximum height of 30 inches for a distance of
 8 15 feet from any vehicular access point or intersection in order to maintain adequate
 9 sight distance;
10 18. All buildings must meet current International Building and NFPA Life Safety Codes as
11 amended;
12 19. Prior to the issuance of building permits, the petitioners must submit to the Planning
13 Division of the Community Development Department the name, address, and telephone
14 number of the company and contact person responsible for site maintenance in
15 compliance with the special use permit;
16 20. If work is to be performed on public property or if public property is utilized or impacted
17 during construction and/or development, the owner shall provide, or shall cause the
18 developer and/or contractor to provide, the Village of Skokie with a certificate of
19 insurance naming the Village of Skokie as additionally insured for any and all claims
20 related to any and all work. The owner shall hold, and shall cause the developer and/or
21 contractor to hold, the Village of Skokie harmless and indemnify the Village for any and
22 all claims for property damage or personal injury related to work on or use of public
23 property;
24 21. The petitioners shall comply with all Federal and State statutes, laws, rules and
25 regulations and all Village codes, ordinances, rules, and regulations;
26 22. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to
27 initiate hearings to determine whether the subject Ordinance, as well as any applicable
28 business licenses, should be revised or revoked; and
29 23. The petitioners shall pay all costs related to any hearings conducted as a result of non-
30 compliance with any of the provisions of the enabling ordinance. The costs shall include
31 but not be limited to court reporter fees, attorney fees, and staff time required
32 researching and conducting said hearing.

33 Section 2: That relief is granted from Chapter 118, Section 118-218, of the
34 Skokie Village Code, to reduce the number of required off-street parking spaces from 14-18
35 spaces to ten parking spaces.

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.

39 Section 4: That this Ordinance shall be in full force and effect from and after its
40 passage, approval and recordation as provided by law.
41 ADOPTED this day of May 2012.
42


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 1 Village Clerk
 2 Ayes:
 3 Nays:
 4 Absent:
 5 Approved by me this day of
 6 Attested and filed in my May 2012.
 7 office this day of
 8 May 2012.
 9
10 Mayor, Village of Skokie
11
12 Village Clerk




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 JPH: *5/7/12
 C
 PC: 2012-4P
 THIS ORDINANCE MAY BE CITED
 AS VILLAGE ORDINANCE NUMBER
 12-5-Z-

 AN ORDINANCE AMENDING THE ZONING MAP WITH REGARD
 TO THE PROPERTY LOCATED AT 3600-3650 AND 3710-3714 TOUHY
 AVENUE, 3649 CHASE AVENUE, AND 7229 AND 7254 ST. LOUIS
 AVENUE, SKOKIE, ILLINOIS FROM AN M3 INDUSTRY DISTRICT
 TO A B2 COMMERCIAL DISTRICT

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

 2 PARCEL 1:
 3 THE EAST HALF TO THAT PART OF THE WEST 10 ½ ACRES OF THE SOUTH QUARTER OF THE EAST
 4 HALF OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 13, EAST OF
 5 THE THIRD PRINCIPAL MERIDIAN, WHICH LIES EAST OF A LINE WHICH IS 330 FEET EAST OF AND
 6 PARALLEL TO THE CENTER LINE OF HAMLIN AVENUE, SAID CENTER LINE OF HAMLIN AVENUE
 7 BEING IDENTICAL WITH THE WEST LINE OF THE SAID SOUTH QUARTER (EXCEPTING FROM THE
 8 AFOREDESCRIBED TRACT OF LAND ALL THAT PART THEREOF LYING SOUTH OF A LINE DRAWN AT
 9 RIGHT ANGLES TO THE EAST LINE OF SAID WEST 10 ½ ACRES FROM A POINT ON SAID EAST LINE
10 205.75 FEET SOUTH OF THE INTERSECTION OF SAID EAST LINE WITH THE NORTH LINE OF THE
11 SOUTH QUARTER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 26, AFORESAID,
12 AND ALSO EXCEPT THEREFROM THE NORTH 21 FEET THEREOF CONDEMNED FOR ROAD
13 PURPOSES), IN COOK COUNTY, ILLINOIS.
14
15 SUBPARCEL 1A:
16 THAT PART OF THE EAST 210 FEET OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼
17 OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING
18 SOUTH OF THE LINE WHICH IS 917.45 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID
19 WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF SAID SECTION; AND ALSO LYING
20 WESTERLY OF THE WEST RIGHT OF WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILROAD
21 (EXCEPTING THEREFROM THAT PART DEDICATED FOR ST. LOUIS AVENUE), IN COOK COUNTY,
22 ILLINOIS.
23
24 PARCEL 2:
25 THAT PART OF THE WEST 10.5 ACRES OF THE SOUTH QUARTER OF THE EAST HALF OF THE
26 SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD
27 PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
28
29 BEGINNING AT A POINT ON THE EAST LINE OF SAID WEST 10.5 ACRES, 205.75 FEET SOUTH OF THE
30 INTERSECTION OF SAID EAST LINE WITH THE NORTH LINE OF THE SOUTH QUARTER TO THE EAST
31 HALF OF THE SOUTHWEST QUARTER OF SECTION 26, AFORESAID; THENCE WEST AT RIGHT
32 ANGLES TO SAID EAST LINE, 180.81 FEET TO THE WEST LINE OF THE EAST HALF OF THAT PART OF
33 SAID WEST 10.5 ACRES WHICH LIES EAST OF A LINE WHICH IS 330.00 FEET EAST OF AND PARALLEL
34 WITH THE CENTER LINE OF HAMLIN AVENUE, SAID CENTER LINE OF HAMLIN AVENUE BEING
35 IDENTICAL WITH THE WEST LINE OF THE SAID SOUTH QUARTER; THENCE SOUTH ALONG LAST
36 DESCRIBED WEST LINE (BEING HEREINAFTER REFERRED TO AS LINE “A”) 427.43 FEET TO THE
37 NORTH LINE OF TOUHY AVENUE, BEING A LINE 33.0 FEET, MEASURED AT RIGHT ANGLES, NORTH
38 OF AND PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER; THENCE EASTERLY
39 ALONG SAID NORTH LINE OF TOUHY AVENUE, 47.015 FEET TO AN INTERSECTION WITH A LINE 47.00
40 FEET, MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL WITH THE AFOREMENTIONED LINE
41 “A”; THENCE NORTH ALONG SAID LAST DESCRIBED PARALLEL LINE, 248.47 FEET TO AN
42 INTERSECTION WITH A LINE DRAWN AT RIGHT ANGLES TO THE EAST LINE OF SAID WEST 10.5

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 1 ACRES FROM A POINT ON SAID EAST LINE, 383.49 FEET SOUTH OF THE INTERSECTION OF SAID
 2 EAST LINE WITH THE NORTH LINE OF THE SOUTH QUARTER OF THE EAST HALF OF THE
 3 SOUTHWEST QUARTER OF SECTION 26, AFORESAID; THENCE EAST ALONG SAID LAST DESCRIBED
 4 RIGHT ANGLE LINE, 133.81 FEET TO THE EAST LINE OF SAID WEST 10.5 ACRES; THENCE NORTH
 5 ALONG SAID LAST DESCRIBED EAST LINE, 177.74 FEET TO THE PLACE OF BEGINNING, IN COOK
 6 COUNTY, ILLINOIS.
 7
 8 PARCEL 3:
 9 LOT 1 AND 2 IN NATIONAL WAX SUBDIVISION, BEING A SUBDIVISION OF THE SOUTHEAST QUARTER
10 OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE
11 THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 26, 1985 AS
12 DOCUMENT NUMBER 85119877.
13
14 PARCEL 4:
15 THE EAST 400 FEET OF THAT PARCEL OF LAND DESCRIBED AS THE SOUTH HALF OF THE
16 SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER IN SECTION 26, TOWNSHIP 41 NORTH,
17 RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT CERTAIN PARCEL OF LAND TAKEN BY
18 CONDEMNATION DESCRIBED AS FOLLOWS: THE NORTH 21 FEET OF THE EAST 400 FEET OF THE
19 SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26,
20 TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THAT PART
21 LYING SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING ON A POINT ON THE
22 NORTH LINE OF SAID PROPERTY AT A POINT 75 FEET EAST OF THE EAST LINE OF MONTICELLO
23 AVENUE, AS EXTENDED SOUTH; THENCE SOUTHWESTERLY ALONG A LINE FORMING AN INTERIOR
24 ANGLE OF 6 DEGREES 36 MINUTES, A DISTANCE OF 182.71 FEET TO A POINT, SAID POINT BEING
25 THE EXISTING SOUTH LINE OF CHASE AVENUE, IN COOK COUNTY, ILLINOIS.
26
27 PARCEL 5:
28 SUB-PARCEL B:
29 THAT PART OF THE SOUTH 340.05 FEET OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE
30 SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD
31 PRINCIPAL MERIDIAN, (AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID SOUTHEAST
32 QUARTER OF SAID SECTION 26), LYING NORTH OF A LINE 30.0 FEET NORTH OF AND PARALLEL WITH
33 THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 26, AND LYING
34 NORTHWESTERLY OF THE NORTHWESTERLY LINE OF THE CHICAGO AND NORTHWESTERN
35 RAILROAD, AND LYING WEST OF A LINE 210.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE
36 OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26
37 (EXCEPTING THEREFROM THAT PART DEDICATED FOR ST. LOUIS AVENUE), IN COOK COUNTY,
38 ILLINOIS.
39
40 SUB-PARCEL C:
41 THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
42 SECTION 26, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN,
43 DESCRIBED AS FOLLOWS:
44
45 BEGINNING AT A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 26,
46 440.18 FEET NORTH OF THE SOUTHWEST CORNER THEREOF; THENCE EAST ALONG A LINE
47 PARALLEL TO THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 200 FEET FOR A POINT OF
48 BEGINNING OF A TRACT OF LAND HEREIN TO BE DESCRIBED, CONTINUING THENCE EAST ALONG
49 SAID PARALLEL LINE, 218.87 FEET TO A POINT THAT IS 240 FEET WEST OF THE EAST LINE OF THE
50 WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 26 AS
51 MEASURED ALONG SAID PARALLEL LINE; THENCE SOUTH ALONG A LINE PARALLEL TO THE EAST
52 LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID
53 SECTION 26, A DISTANCE OF 100 FEET; THENCE WEST PARALLEL TO THE SOUTH LINE OF THE
54 SOUTHEAST QUARTER OF SECTION 26, 218.89 FEET TO A POINT THAT IS 200 FEET EAST OF THE
55 WEST LINE OF THE SOUTHEAST QUARTER AS MEASURED ALONG THE AFORESAID PARALLEL LINE,
56 THENCE NORTH PARALLEL TO THE WEST LINE OF SAID QUARTER SECTION 100 FEET TO POINT OF
57 BEGINNING, (EXCEPT THEREFROM THAT PART DEDICATED FOR ST. LOUIS AVENUE), IN COOK
58 COUNTY, ILLINOIS.

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 1
 2 SUB-PARCEL D:
 3 THAT PART OF THE SOUTHWESTERLY QUARTER OF THE SOUTHEASTERLY QUARTER OF SECTION
 4 26, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
 5 FOLLOWS:
 6
 7 BEGINNING AT A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 26, 500.18
 8 FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER; THENCE EAST, PARALLEL TO THE
 9 SOUTH LINE OF THE SOUTHEAST QUARTER, 200.0 FEET; THENCE SOUTH, PARALLEL TO THE WEST
10 LINE OF THE SOUTHEAST QUARTER, 160.0 FEET; THENCE PARALLEL TO THE SOUTH LINE OF SAID
11 SOUTH LINE OF THE SOUTHEAST QUARTER, 200.0 FEET TO THE WEST LINE OF SAID QUARTER
12 SECTION; THENCE NORTH ALONG THE WEST LINE OF SAID QUARTER SECTION, 160.0 FEET TO THE
13 POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.
14
15 SUB-PARCEL E:
16 THAT PART OF THE SOUTHWESTERLY QUARTER OF THE SOUTHEASTERLY QUARTER OF SECTION
17 26, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
18 FOLLOWS:
19
20 BEGINNING AT A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 26,
21 500.18 FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER; THENCE NORTH ALONG
22 THE WEST LINE, 141.52 FEET TO THE SOUTH LINE OF THE EASEMENT CREATED BY DOCUMENT NO.
23 15716523; THENCE EAST ALONG A LINE PARALLEL TO THE SOUTH LINE OF THE SOUTHEAST
24 QUARTER, BEING ALSO THE SOUTH LINE OF SAID EASEMENT, 192.76 FEET TO A POINT OF CURVE;
25 THENCE SOUTHEASTERLY ALONG A CURVED LINE, CONVEX TO THE NORTHEAST, HAVING A
26 RADIUS OF 189.79 FEET, A DISTANCE OF 7.24 FEET; THENCE SOUTH ALONG A LINE PARALLEL TO
27 THE WEST LINE OF THE SOUTHEAST QUARTER, 141.38 FEET; THENCE WEST, PARALLEL TO THE
28 SOUTH LINE OF THE SOUTHEAST QUARTER, 200.00 FEET TO THE POINT OF BEGINNING, IN COOK
29 COUNTY, ILLINOIS.
30
31 PARCEL 6:
32 LOT 2 IN LESTER A. DAHLIN'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED MAY
33 29, 1957 AS DOCUMENT NUMBER 16917460 EXCEPTING THEREFROM:
34
35 (I) THE SOUTH 0.50 OF A FOOT OF THAT PART THEREOF, LYING WEST OF THE 20-FOOT RAILROAD
36 SWITCHTRACK EASEMENT CREATED BY THE GRANT RECORDED SEPTEMBER 10, 1953 AS
37 DOCUMENT 15716523, NORTH OF THE NORTH LINE OF LOT 3 AND EAST OF THE WEST LINE OF LOT
38 3, EXTENDED NORTHERLY; AND
39
40 (II) BEGINNING AT A POINT ON THE SOUTH LINE THEREOF, WHICH IS 26.86 FEET EAST OF THE
41 SOUTHWEST CORNER THEREOF, SAID POINT BEING IN THE EAST FACE OF A ONE-STORY BRICK
42 BUILDING, WHICH EXISTED ON FEBRUARY 1, 1982; THENCE NORTH ON SAID EAST FACE, BEING
43 ALSO PARALLEL WITH THE MOST WESTERLY LINE OF LOT 2, A DISTANCE OF 6.72 FEET TO THE
44 SOUTH FACE OF A ONE-STORY BRICK BUILDING, WHICH EXISTED ON FEBRUARY 15, 1982; THENCE
45 WEST ON SAID SOUTH FACE AND ITS EXTENSION WEST, A DISTANCE OF 26.86 FEET TO THE MOST
46 WESTERLY LINE OF LOT 2; THENCE SOUTH ON SAID LINE, A DISTANCE OF 7.36 FEET TO THE MOST
47 SOUTHWESTERLY CORNER OF LOT 2; THENCE EAST ALONG THE SOUTH LINE OF LOT 2, A
48 DISTANCE OF 26.86 FEET TO THE POINT OF BEGINNING) IN LESTER A. DAHLIN'S SUBDIVISION OF
49 THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
50 SECTION 26, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN,
51 (EXCEPTING THEREFROM THE WEST 200.00 FEET; THE EAST 240.00 FEET AND THE SOUTH 500.19
52 FEET, ALL MEASURED PARALLEL WITH THE SECTIONAL LINES THEREOF; AND,
53 ALSO
54 EXCEPTING THE 20-FOOT RAILROAD SWITCHTRACK EASEMENT CREATED BY THE GRANT
55 RECORDED SEPTEMBER 10, 1953 AS DOCUMENT 15716523) AND (EXCEPT THE MOST EASTERLY
56 10.00 FEET OF SAID LOT 2, DEDICATED FOR WIDENING OF ST. LOUIS AVENUE), IN COOK COUNTY,
57 ILLINOIS.
58

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 1 PARCEL 7:
 2 THAT PART OF THE FOLLOWING DESCRIBED LAND LYING WEST OF THE EXISTING WEST RIGHT-OF-
 3 WAY LINE OF ST LOUIS AVENUE AS DESCRIBED IN PLAT OF DEDICATION RECORDED AS DOCUMENT
 4 NUMBER 22947297 AND NORTH OF A LINE 440.18 FEET NORTH OF AND PARALLEL WITH THE
 5 SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD
 6 PRINCIPAL MERIDIAN, AS MEASURED ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER.
 7
 8 A STRIP OF LAND 20 FEET IN WIDTH, BEING 10 FEET DISTANT ON EACH SIDE OF THE FOLLOWING
 9 DESCRIBED CENTER LINE:
10
11 BEGINNING AT A POINT IN THE WEST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF
12 THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD
13 PRINCIPAL MERIDIAN, WHICH IS 10 FEET DISTANT SOUTH OF THE NORTH LINE OF THE SOUTH 661.7
14 FEET OF SAID WEST HALF; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID SOUTH 661.7
15 FEET, A DISTANCE OF 192.50 FEET TO A POINT OF CURVE; THENCE SOUTHEASTERLY ALONG A
16 CURVED LINE CONVEX TO THE NORTHEAST AND HAVING A RADIUS OF 199.70 FEET, A DISTANCE OF
17 257.80 FEET TO A POINT OF TANGENT; THENCE SOUTHEASTERLY ALONG A STRAIGHT LINE,
18 TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 141.40 FEET TO A POINT OF CURVE;
19 THENCE SOUTHERLY ALONG A CURVED LINE CONVEX TO THE EAST AND HAVING A RADIUS OF
20 399.8 FEET, A DISTANCE OF 89.80 FEET TO ITS INTERSECTION WITH THE NORTHWESTERLY LINE OF
21 THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY, SAID LINE BEING
22 A LINE PARALLEL WITH AND 50 FEET DISTANT NORTHWESTERLY, MEASURED AT RIGHT ANGLES
23 FROM THE CENTER LINE BETWEEN THE TWO MAIN TRACKS OF SAID RAILWAY COMPANY, IN COOK
24 COUNTY, ILLINOIS.

25 PINS: 10-26-318-020-0000, 10-26-318-029-0000, 10-26-318-032-0000, 10-26-318-033-0000
26 10-26-318-034-0000, 10-26-318-035-0000, 10-26-402-019-0000, 10-26-402-025-0000
27 10-26-402-032-0000, 10-26-402-034-0000, 10-26-402-035-0000, 10-26-402-055-0000

28 commonly known as 3600-3650 and 3710-3714 Touhy Avenue, 3649 Chase Avenue, and 7229
29 and 7254 St. Louis Avenue, Skokie, Illinois (hereinafter “Subject Property”), petitioned the
30 Village of Skokie to reclassify the zoning of the Subject Property from an M3 Industry district to
31 a B2 Commercial district; and

32 WHEREAS, the petitioner desires to reclassify the property in order to construct a
33 planned development containing retail and commercial uses; and

34 WHEREAS, the Subject Property currently consists of vacant undeveloped land and was
35 previously predominantly used for manufacturing and warehouse uses; and

36 WHEREAS, the Subject Property has been zoned M3 Industry since 1956, however, the
37 trend in development along Touhy Avenue, in both Skokie and Lincolnwood, has been toward
38 commercial and retail uses; and

39 WHEREAS, the Subject Property is surrounded by other retail uses such as
40 Lincolnwood Town Center, Wendy’s, Lowe’s superstore, and the former Chicago Cycle. The
41 properties of 3200 and 3700 Touhy have already been reclassified from M3 Industry to B2
42 Commercial; and

43 WHEREAS, the Community Development Department staff is supportive of the zoning
44 changes, which would allow retail, commercial, and office uses that would be appropriate for the
45 site; and



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 1 WHEREAS, the Skokie Plan Commission, after public hearing duly held on March 15,
 2 2012, at which no interested parties testified, (i) determined that proper notice had been given;
 3 (ii) made the appropriate findings of fact in the affirmative as required under Section 118-32 of
 4 the Skokie Village Code and (iii) voted to recommend to the Mayor and Board of Trustees that
 5 the requested zoning reclassification be granted and the Official Zoning Map of the Village of
 6 Skokie be amended to reflect this reclassification; and

 7 WHEREAS, the Mayor and Board of Trustees, after public meeting duly held on April 16,
 8 2012, concurred in the aforesaid recommendation of the Plan Commission;

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

11 Section 1:  That the Subject Property legally described above and commonly known
12 as 3600-3650 and 3710-3714 Touhy Avenue, 3649 Chase Avenue, and 7229 and 7254 St.
13 Louis Avenue, Skokie, Illinois, be and the same is hereby reclassified from an M3 Industry
14 district to a B2 Commercial district.

15 Section 2: That the Official Zoning Map of the Village of Skokie be and the same is
16 amended to reflect this reclassification.

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

20 Section 4: That this Ordinance shall be in full force and effect from and after its
21 passage approval and recordation as provided by law.
22
 ADOPTED this day of May, 2012.

 Ayes:
 Nays: Village Clerk
 Absent:

 Attested and filed in my Approved by me this day of
 office this day of May, 2012.
 May, 2012.


 Mayor, Village of Skokie
 Village Clerk
23




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 D
 JPH: *5/7/12
 PC: 2012-5P


 THIS ORDINANCE MAY BE CITED AS
 VILLAGE ORDINANCE NUMBER
 12-5-Z-


 AN ORDINANCE APPROVING AND ACCEPTING A PLAT OF
 SUBDIVISION FOR THE PROPERTIES LOCATED AT 3530-3690 AND
 3710-3714 TOUHY AVENUE, 3649 CHASE AVENUE, AND 7254 ST.
 LOUIS AVENUE WITH DEDICATIONS OF PARCELS OF LAND ALONG
 CHASE AVENUE AND ST. LOUIS AVENUE, SKOKIE, ILLINOIS IN
 A B2 COMMERCIAL DISTRICT

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

 2 PARCEL 1:
 3 THE EAST HALF TO THAT PART OF THE WEST 10 ½ ACRES OF THE SOUTH QUARTER OF THE
 4 EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 13,
 5 EAST OF THE THIRD PRINCIPAL MERIDIAN, WHICH LIES EAST OF A LINE WHICH IS 330 FEET
 6 EAST OF AND PARALLEL TO THE CENTER LINE OF HAMLIN AVENUE, SAID CENTER LINE OF
 7 HAMLIN AVENUE BEING IDENTICAL WITH THE WEST LINE OF THE SAID SOUTH QUARTER
 8 (EXCEPTING FROM THE AFOREDESCRIBED TRACT OF LAND ALL THAT PART THEREOF LYING
 9 SOUTH OF A LINE DRAWN AT RIGHT ANGLES TO THE EAST LINE OF SAID WEST 10 ½ ACRES
10 FROM A POINT ON SAID EAST LINE 205.75 FEET SOUTH OF THE INTERSECTION OF SAID EAST
11 LINE WITH THE NORTH LINE OF THE SOUTH QUARTER OF THE EAST HALF OF THE
12 SOUTHWEST QUARTER OF SECTION 26, AFORESAID, AND ALSO EXCEPT THEREFROM THE
13 NORTH 21 FEET THEREOF CONDEMNED FOR ROAD PURPOSES), IN COOK COUNTY, ILLINOIS.
14
15 PARCEL 2:
16 THAT PART OF THE WEST 10.5 ACRES OF THE SOUTH QUARTER OF THE EAST HALF OF THE
17 SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD
18 PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
19
20 BEGINNING AT A POINT ON THE EAST LINE OF SAID WEST 10.5 ACRES, 205.75 FEET SOUTH OF
21 THE INTERSECTION OF SAID EAST LINE WITH THE NORTH LINE OF THE SOUTH QUARTER TO
22 THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 26, AFORESAID; THENCE WEST
23 AT RIGHT ANGLES TO SAID EAST LINE, 180.81 FEET TO THE WEST LINE OF THE EAST HALF OF
24 THAT PART OF SAID WEST 10.5 ACRES WHICH LIES EAST OF A LINE WHICH IS 330.00 FEET
25 EAST OF AND PARALLEL WITH THE CENTER LINE OF HAMLIN AVENUE, SAID CENTER LINE OF
26 HAMLIN AVENUE BEING IDENTICAL WITH THE WEST LINE OF THE SAID SOUTH QUARTER;
27 THENCE SOUTH ALONG LAST DESCRIBED WEST LINE (BEING HEREINAFTER REFERRED TO AS
28 LINE “A”) 427.43 FEET TO THE NORTH LINE OF TOUHY AVENUE, BEING A LINE 33.0 FEET,
29 MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID
30 SOUTHWEST QUARTER; THENCE EASTERLY ALONG SAID NORTH LINE OF TOUHY AVENUE,
31 47.015 FEET TO AN INTERSECTION WITH A LINE 47.00 FEET, MEASURED AT RIGHT ANGLES,
32 EAST OF AND PARALLEL WITH THE AFOREMENTIONED LINE “A”; THENCE NORTH ALONG SAID
33 LAST DESCRIBED PARALLEL LINE, 248.47 FEET TO AN INTERSECTION WITH A LINE DRAWN AT
34 RIGHT ANGLES TO THE EAST LINE OF SAID WEST 10.5 ACRES FROM A POINT ON SAID EAST
35 LINE, 383.49 FEET SOUTH OF THE INTERSECTION OF SAID EAST LINE WITH THE NORTH LINE


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 1 OF THE SOUTH QUARTER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 26,
 2 AFORESAID; THENCE EAST ALONG SAID LAST DESCRIBED RIGHT ANGLE LINE, 133.81 FEET TO
 3 THE EAST LINE OF SAID WEST 10.5 ACRES; THENCE NORTH ALONG SAID LAST DESCRIBED
 4 EAST LINE, 177.74 FEET TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
 5
 6 PARCEL 3:
 7 LOT 1 AND 2 IN NATIONAL WAX SUBDIVISION, BEING A SUBDIVISION OF THE SOUTHEAST
 8 QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 13
 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
10 JULY 26, 1985 AS DOCUMENT NUMBER 85119877.
11
12 PARCEL 4:
13 THE EAST 400 FEET OF THAT PARCEL OF LAND DESCRIBED AS THE SOUTH HALF OF THE
14 SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER IN SECTION 26, TOWNSHIP 41 NORTH,
15 RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT CERTAIN PARCEL OF LAND
16 TAKEN BY CONDEMNATION DESCRIBED AS FOLLOWS: THE NORTH 21 FEET OF THE EAST 400
17 FEET OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
18 SECTION 26, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN,
19 EXCEPT THAT PART LYING SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE:
20 COMMENCING ON A POINT ON THE NORTH LINE OF SAID PROPERTY AT A POINT 75 FEET EAST
21 OF THE EAST LINE OF MONTICELLO AVENUE, AS EXTENDED SOUTH; THENCE
22 SOUTHWESTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 6 DEGREES 36 MINUTES, A
23 DISTANCE OF 182.71 FEET TO A POINT, SAID POINT BEING THE EXISTING SOUTH LINE OF
24 CHASE AVENUE, IN COOK COUNTY, ILLINOIS.
25
26 PARCEL 5:
27 SUB-PARCEL B:
28
29 THAT PART OF THE SOUTH 340.05 FEET OF THE WEST HALF OF THE SOUTHWEST QUARTER
30 OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE
31 THIRD PRINCIPAL MERIDIAN, (AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID
32 SOUTHEAST QUARTER OF SAID SECTION 26), LYING NORTH OF A LINE 30.0 FEET NORTH OF
33 AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 26,
34 AND LYING NORTHWESTERLY OF THE NORTHWESTERLY LINE OF THE CHICAGO AND
35 NORTHWESTERN RAILROAD, AND LYING WEST OF A LINE 210.00 FEET WEST OF AND
36 PARALLEL WITH THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE
37 SOUTHEAST QUARTER OF SECTION 26 (EXCEPTING THEREFROM THAT PART DEDICATED FOR
38 ST. LOUIS AVENUE), IN COOK COUNTY, ILLINOIS.
39
40 SUB-PARCEL C:
41 THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER
42 OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN,
43 DESCRIBED AS FOLLOWS:
44
45 BEGINNING AT A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION
46 26, 440.18 FEET NORTH OF THE SOUTHWEST CORNER THEREOF; THENCE EAST ALONG A LINE
47 PARALLEL TO THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 200 FEET FOR A POINT OF
48 BEGINNING OF A TRACT OF LAND HEREIN TO BE DESCRIBED, CONTINUING THENCE EAST
49 ALONG SAID PARALLEL LINE, 218.87 FEET TO A POINT THAT IS 240 FEET WEST OF THE EAST
50 LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
51 SAID SECTION 26 AS MEASURED ALONG SAID PARALLEL LINE; THENCE SOUTH ALONG A LINE
52 PARALLEL TO THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE
53 SOUTHEAST QUARTER OF SAID SECTION 26, A DISTANCE OF 100 FEET; THENCE WEST
54 PARALLEL TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 26, 218.89 FEET TO
55 A POINT THAT IS 200 FEET EAST OF THE WEST LINE OF THE SOUTHEAST QUARTER AS
56 MEASURED ALONG THE AFORESAID PARALLEL LINE, THENCE NORTH PARALLEL TO THE WEST
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 1 LINE OF SAID QUARTER SECTION 100 FEET TO POINT OF BEGINNING, (EXCEPT THEREFROM
 2 THAT PART DEDICATED FOR ST. LOUIS AVENUE), IN COOK COUNTY, ILLINOIS.
 3
 4 SUB-PARCEL D:
 5 THAT PART OF THE SOUTHWESTERLY QUARTER OF THE SOUTHEASTERLY QUARTER OF
 6 SECTION 26, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN,
 7 DESCRIBED AS FOLLOWS:
 8
 9 BEGINNING AT A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 26,
10 500.18 FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER; THENCE EAST,
11 PARALLEL TO THE SOUTH LINE OF THE SOUTHEAST QUARTER, 200.0 FEET; THENCE SOUTH,
12 PARALLEL TO THE WEST LINE OF THE SOUTHEAST QUARTER, 160.0 FEET; THENCE PARALLEL
13 TO THE SOUTH LINE OF SAID SOUTH LINE OF THE SOUTHEAST QUARTER, 200.0 FEET TO THE
14 WEST LINE OF SAID QUARTER SECTION; THENCE NORTH ALONG THE WEST LINE OF SAID
15 QUARTER SECTION, 160.0 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.
16
17 SUB-PARCEL E:
18 THAT PART OF THE SOUTHWESTERLY QUARTER OF THE SOUTHEASTERLY QUARTER OF
19 SECTION 26, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN,
20 DESCRIBED AS FOLLOWS:
21
22 BEGINNING AT A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION
23 26, 500.18 FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER; THENCE NORTH
24 ALONG THE WEST LINE, 141.52 FEET TO THE SOUTH LINE OF THE EASEMENT CREATED BY
25 DOCUMENT NO. 15716523; THENCE EAST ALONG A LINE PARALLEL TO THE SOUTH LINE OF
26 THE SOUTHEAST QUARTER, BEING ALSO THE SOUTH LINE OF SAID EASEMENT, 192.76 FEET
27 TO A POINT OF CURVE; THENCE SOUTHEASTERLY ALONG A CURVED LINE, CONVEX TO THE
28 NORTHEAST, HAVING A RADIUS OF 189.79 FEET, A DISTANCE OF 7.24 FEET; THENCE SOUTH
29 ALONG A LINE PARALLEL TO THE WEST LINE OF THE SOUTHEAST QUARTER, 141.38 FEET;
30 THENCE WEST, PARALLEL TO THE SOUTH LINE OF THE SOUTHEAST QUARTER, 200.00 FEET TO
31 THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.
32
33 PARCEL 6:
34 LOT 2 IN LESTER A. DAHLIN'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED
35 MAY 29, 1957 AS DOCUMENT NUMBER 16917460 EXCEPTING THEREFROM:
36
37 (I) THE SOUTH 0.50 OF A FOOT OF THAT PART THEREOF, LYING WEST OF THE 20-FOOT
38 RAILROAD SWITCHTRACK EASEMENT CREATED BY THE GRANT RECORDED SEPTEMBER 10,
39 1953 AS DOCUMENT 15716523, NORTH OF THE NORTH LINE OF LOT 3 AND EAST OF THE WEST
40 LINE OF LOT 3, EXTENDED NORTHERLY; AND
41
42 (II) BEGINNING AT A POINT ON THE SOUTH LINE THEREOF, WHICH IS 26.86 FEET EAST OF THE
43 SOUTHWEST CORNER THEREOF, SAID POINT BEING IN THE EAST FACE OF A ONE-STORY
44 BRICK BUILDING, WHICH EXISTED ON FEBRUARY 1, 1982; THENCE NORTH ON SAID EAST FACE,
45 BEING ALSO PARALLEL WITH THE MOST WESTERLY LINE OF LOT 2, A DISTANCE OF 6.72 FEET
46 TO THE SOUTH FACE OF A ONE-STORY BRICK BUILDING, WHICH EXISTED ON FEBRUARY 15,
47 1982; THENCE WEST ON SAID SOUTH FACE AND ITS EXTENSION WEST, A DISTANCE OF 26.86
48 FEET TO THE MOST WESTERLY LINE OF LOT 2; THENCE SOUTH ON SAID LINE, A DISTANCE OF
49 7.36 FEET TO THE MOST SOUTHWESTERLY CORNER OF LOT 2; THENCE EAST ALONG THE
50 SOUTH LINE OF LOT 2, A DISTANCE OF 26.86 FEET TO THE POINT OF BEGINNING) IN LESTER A.
51 DAHLIN'S SUBDIVISION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE
52 SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD
53 PRINCIPAL MERIDIAN, (EXCEPTING THEREFROM THE WEST 200.00 FEET; THE EAST 240.00
54 FEET AND THE SOUTH 500.19 FEET, ALL MEASURED PARALLEL WITH THE SECTIONAL LINES
55 THEREOF; AND,
56 ALSO
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 1 EXCEPTING THE 20-FOOT RAILROAD SWITCHTRACK EASEMENT CREATED BY THE GRANT
 2 RECORDED SEPTEMBER 10, 1953 AS DOCUMENT 15716523) AND (EXCEPT THE MOST
 3 EASTERLY 10.00 FEET OF SAID LOT 2, DEDICATED FOR WIDENING OF ST. LOUIS AVENUE), IN
 4 COOK COUNTY, ILLINOIS.
 5
 6 PARCEL 7:
 7 THAT PART OF THE FOLLOWING DESCRIBED LAND LYING WEST OF THE EXISTING WEST
 8 RIGHT-OF-WAY LINE OF ST LOUIS AVENUE AS DESCRIBED IN PLAT OF DEDICATION RECORDED
 9 AS DOCUMENT NUMBER 22947297 AND NORTH OF A LINE 440.18 FEET NORTH OF AND
10 PARALLEL WITH THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 13,
11 EAST OF THE THIRD PRINCIPAL MERIDIAN, AS MEASURED ALONG THE WEST LINE OF SAID
12 SOUTHEAST QUARTER.
13
14 A STRIP OF LAND 20 FEET IN WIDTH, BEING 10 FEET DISTANT ON EACH SIDE OF THE
15 FOLLOWING DESCRIBED CENTER LINE:
16
17 BEGINNING AT A POINT IN THE WEST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER
18 OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE
19 THIRD PRINCIPAL MERIDIAN, WHICH IS 10 FEET DISTANT SOUTH OF THE NORTH LINE OF THE
20 SOUTH 661.7 FEET OF SAID WEST HALF; THENCE EAST PARALLEL WITH THE NORTH LINE OF
21 SAID SOUTH 661.7 FEET, A DISTANCE OF 192.50 FEET TO A POINT OF CURVE; THENCE
22 SOUTHEASTERLY ALONG A CURVED LINE CONVEX TO THE NORTHEAST AND HAVING A
23 RADIUS OF 199.70 FEET, A DISTANCE OF 257.80 FEET TO A POINT OF TANGENT; THENCE
24 SOUTHEASTERLY ALONG A STRAIGHT LINE, TANGENT TO THE LAST DESCRIBED CURVE, A
25 DISTANCE OF 141.40 FEET TO A POINT OF CURVE; THENCE SOUTHERLY ALONG A CURVED
26 LINE CONVEX TO THE EAST AND HAVING A RADIUS OF 399.8 FEET, A DISTANCE OF 89.80 FEET
27 TO ITS INTERSECTION WITH THE NORTHWESTERLY LINE OF THE RIGHT OF WAY OF THE
28 CHICAGO AND NORTHWESTERN RAILWAY COMPANY, SAID LINE BEING A LINE PARALLEL WITH
29 AND 50 FEET DISTANT NORTHWESTERLY, MEASURED AT RIGHT ANGLES FROM THE CENTER
30 LINE BETWEEN THE TWO MAIN TRACKS OF SAID RAILWAY COMPANY, IN COOK COUNTY,
31 ILLINOIS.

32 PINS: 10-26-318-020-0000, 10-26-318-029-0000, 10-26-318-032-0000, 10-26-318-033-0000
33 10-26-318-034-0000, 10-26-318-035-0000, 10-26-402-025-0000, 10-26-402-032-0000
34 10-26-402-034-0000, 10-26-402-035-0000, 10-26-402-055-0000

35 more commonly known as 3530-3690 and 3710-3714 Touhy Avenue, 3649 Chase Avenue,
36 and 7254 St. Louis Avenue, Skokie, Illinois (hereinafter the “Subject Property”) in a B2
37 Commercial district, petitioned the Village of Skokie for a subdivision of the Subject
38 Property. The subdivision will consolidate 11 existing parcels into 5 lots, as depicted on the
39 “Touhy Marketplace Subdivision“ plat, dated February 16, 2012, last revised March 28,
40 2012, a copy of which is attached hereto as Exhibit “1”; and

41 WHEREAS, subsequent to the recordation of the “Touhy Marketplace Subdivision”
42 plat, the legal description of the Subject Property will be:

43 LOTS 1, 2, 3, 4, AND 5 OF THE TOUHY MARKETPLACE SUBDIVISION BEING A
44 SUBDIVISION OF THAT PART OF THE WEST HALF OF THE SOUTHEAST QUARTER
45 AND EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 41
46 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK
47 COUNTY, ILLINOIS.

48 WHEREAS, the petitioner is also dedicating three parcels of property, one along
49 Chase Avenue and two separate parcels along St. Louis Avenue (hereinafter the
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 1 “Dedicated Property”), depicted on the “Touhy Marketplace Subdivision” plat, dated
 2 February 16, 2012, and subsequently revised March 28, 2012, a copy of which is attached
 3 hereto as Exhibit “1”; and

 4 WHEREAS, the Dedicated Property is commonly described as:
 5 (i) Parcel 1 – a parcel of land measuring 806.75 feet along the north side of Lot
 6 1 adjacent to Chase Avenue, north of Lawndale Avenue to the east side of
 7 Central Park Avenue, with widths varying from 12.00 feet to 33.00 feet. (This
 8 dedication also includes a new 33 foot wide portion of Chase Avenue, east of
 9 Central Park Avenue, intended for the future construction and connection of
10 Chase Avenue to St. Louis Avenue);

11 (ii) Parcel 2 – a parcel of land measuring 490.90 feet along the southeastern and
12 eastern sides of proposed lots 1 and 5 adjacent to St. Louis Avenue, north of
13 Touhy Avenue dedication as shown on said Touhy Marketplace Subdivision,
14 with varying widths;

15 (iii) Parcel 3 – a portion of 7254 St. Louis Avenue: a rectangular parcel of land
16 measuring approximately 10.00 feet by 25.00 feet, adjacent to St. Louis
17 Avenue; and

18 WHEREAS, petitioner will also dedicate property along Touhy Avenue to the State of
19 Illinois, as it has jurisdiction of the Touhy Avenue right of way. This property will be utilized
20 to widen Touhy Avenue to include a 50-foot wide right-of-way, thereby enabling the
21 construction of right hand turn lanes into the anticipated Touhy Marketplace development.
22 The Touhy Marketplace development will be considered in Companion Case 2012-6P; and

23 WHEREAS, the Dedicated Property is being dedicated to the Village for the public
24 purpose of widening the public rights of way of Chase Avenue and St. Louis Avenue, and
25 the future construction and connection of Chase Avenue to St. Louis Avenue; and

26 WHEREAS, the dedications are being made without compensation from the Village
27 of Skokie; and

28 WHEREAS, the Skokie Plan Commission, at a public hearing duly held March 15,
29 2012, for which proper legal notice was achieved and no interested parties spoke, voted to
30 recommend to the Mayor and Board of Trustees that the requested subdivision of the
31 Subject Property be granted subject to the various conditions and that the requested
32 dedications of the Dedicated Property be accepted and approved; and

33 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on April
34 16, 2012, concurred in the aforesaid recommendation of the Skokie Plan Commission:

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

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

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 1 Section 2: That the Subdivision of the Subject Property, legally described above
 2 and commonly known as 3530-3690 Touhy Avenue and 3710-3714 Touhy Avenue, 3649
 3 Chase Avenue and 7254 St. Louis Avenue, Skokie, Illinois, in a B2 Commercial district as
 4 depicted on the “Touhy Marketplace Subdivision” plat, dated February 16, 2012, and
 5 subsequently revised March 28, 2012, be approved subject to the following conditions:

 6 1. The property must be subdivided and land must be dedicated pursuant to the Touhy
 7 Marketplace Subdivision dated February 16, 2012 , and subsequently revised March 28,
 8 2012, and as it may be further revised with the approval of the Village Manager, or
 9 designee, and Corporation Counsel;
10 2. Subsequent to the adoption of this ordinance by the Mayor and Board of Trustees and
11 the recording thereof, the Mylar of the Touhy Marketplace Subdivision must be
12 submitted to the Village with all signatures other than Village staff or elected officials;
13 3. The Touhy Marketplace Subdivision shall be effective upon its recording by the Village
14 in the Office of the Recorder of Deeds of Cook County, Illinois;
15 4. All subdivision monuments must be set no later than 18 months after the date of the
16 recording of the plat;
17 5. The petitioner must submit to the Planning Division electronic files of the plat of
18 subdivision in approved and finalized form. The files must be scaled drawing files in
19 AutoCAD format (version 2010 or older). The drawings must be formatted to SPCS,
20 NAD83, HARN 2007, with SPCS north being straight up, and the primary units in U.S.
21 Survey Feet. All elements must be contained within a single file, no XREF or PDF
22 attachment files shall be used;
23 6. 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 must provide, or must cause the
25 developer and/or contractor to provide, the Village of Skokie with a certificate of
26 insurance naming the Village of Skokie as additionally insured for any and all claims
27 related to any and all work. The owner shall hold, and shall cause the developer and/or
28 contractor to hold, the Village of Skokie harmless and indemnify the Village for any and
29 all claims for property damage or personal injury related to work on or use of public
30 property; and
31 7. The petitioner must comply with all Federal and State statutes, laws, rules and
32 regulations and all Village codes, ordinances, rules, and regulations.

33 Section 3: That the “Touhy Marketplace Subdivision” plat, dated February 16,
34 2012, and subsequently revised March 28, 2012, attached as “Exhibit 1”, except as it may
35 be revised subject to the approval of the Corporation Counsel and the Village Manager or
36 designee, be and the same is hereby accepted. The Plat shall be recorded with the Cook
37 County Recorder of Deeds Office.

38 Section 4: That the dedication of the Dedicated Property, commonly described
39 above and depicted on the “Touhy Marketplace Subdivision” plat, dated February 16, 2012,
40 and subsequently revised March 28, 2012, attached as Exhibit “1”, except as it may be
41 revised subject to the approval of the Corporation Counsel and the Village Manager, or
42 designee, be and the same is hereby accepted and approved.

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

 4 Section 6: Notwithstanding anything in this Ordinance to the contrary, any owner
 5 of the Subject Property, including the owner at the time of adoption of this Ordinance, shall
 6 have the right at any time to assign the rights, privileges, obligations, and responsibilities set
 7 forth in this Ordinance to a subsequent owner, provided that the transferee owner assumes
 8 all such rights, privileges, obligations and responsibilities pursuant to written terms and
 9 conditions reasonably acceptable to the Village's Corporation Counsel and Village Manager
10 or designee. Upon such assumption, the transferor owner shall be relieved of all rights,
11 privileges, obligations and responsibilities so transferred.

12 Section 7: That this Ordinance shall be in full force and effect from and after its
13 passage, approval and recordation as provided by law.
14 ADOPTED this day of May 2012.
15
16
17 Ayes: Village Clerk
18 Nays:
19 Absent: Approved by me this
20 day of May 2012.
21 Attested and filed in my office
22 this day of May, 2012.
23
24
25
26 Village Clerk Mayor, Village of Skokie
27
28
29
30
31




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Exhibit 1
 JPH: *5/7/12
 E
 PC: 2012-6P
 SPA: 428.01
 THIS ORDINANCE MAY BE CITED AS
 VILLAGE ORDINANCE NUMBER

 12-5-Z-


 AN ORDINANCE GRANTING SITE PLAN APPROVAL FOR A
 PLANNED DEVELOPMENT AT 3530-3690 AND 3710-3714 TOUHY
 AVENUE, SKOKIE, ILLINOIS IN A B2 COMMERCIAL DISTRICT,
 AND RELIEF FROM CERTAIN SECTIONS OF CHAPTERS 82
 AND 118 OF THE SKOKIE VILLAGE CODE

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

 2 LOTS 1, 2, 3, 4, AND 5 OF THE TOUHY MARKETPLACE SUBDIVISION BEING A
 3 SUBDIVISION OF THAT PART OF THE WEST HALF OF THE SOUTHEAST QUARTER
 4 AND EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 41
 5 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK
 6 COUNTY, ILLINOIS.

 7
 8 PINS: 10-26-318-020-0000, 10-26-318-029-0000, 10-26-318-032-0000, 10-26-318-033-0000
 9 10-26-318-034-0000, 10-26-318-035-0000, 10-26-402-025-0000, 10-26-402-032-0000
10 10-26-402-034-0000, 10-26-402-035-0000, 10-26-402-055-0000
11
12 more commonly described as 3530-3690 and 3710-3714 Touhy Avenue, Skokie, Illinois
13 (hereinafter collectively the “Subject Property”), petitioned the Village of Skokie for site plan
14 approval for a planned development to construct and establish a commercial center in a B2
15 Commercial district, as depicted on the Preliminary Site Plan (Alternate No. 23), dated February
16 3, 2012, and subsequently revised April 4, 2012, a copy of which is attached hereto as Exhibit
17 “1”; and

18 WHEREAS, the proposed planned development will consist of five buildings on five lots
19 totaling approximately 195,000 square feet, including a 150,000 square-foot Walmart, a 20,000
20 square-foot medical office building, two banks with drive-through facilities and 16,100 square feet
21 of divisible retail space. Special use permits for this development will be considered under several
22 companion cases; and

23 WHEREAS, the proposed site plan includes 703 vehicle parking spaces and 46 bicycle
24 parking spaces. The petitioner has agreed to make many roadway and intersection improvements
25 to St. Louis Avenue and Touhy Avenue, including adding driveway access to Chase Avenue, and
26 contributing to the annual maintenance costs for the traffic signal at Lawndale Avenue and Touhy
27 Avenue; and

28 WHEREAS, in addition to site plan approval, the petitioner is seeking relief from the
29 following sections of the Skokie Village Code:



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 1 (i) Section 82-28(b)(1)b. - to allow Walmart wall signage to face both Touhy Avenue
 2 and the western parking lot;
 3 (ii) Section 82-28(b)(2) – to allow the Walmart wall sign, facing south, to be larger than
 4 200 square feet, as approved by the Appearance Commission;
 5 (iii) Section 82-28(c)(1)a. – to allow two rather than one ground sign, excluding ground
 6 signs for directional purposes as shown on the final approved site plan, and to
 7 allocate sign space other than by the use’s proportionate share of the sign based
 8 on its proportion of the linear footage of building frontage, in accordance with the
 9 sign package approved by the Appearance Commission and the locations
10 determined by the Plan Commission;
11 (iv) Section 118-283(d) – to allow grass seeding rather than the installation of sod in
12 areas not planted by other landscaping; and

13 WHEREAS, the Skokie Plan Commission, at a public hearing duly held on March 15, 2012,
14 heard discussion and testimony regarding: (i) the location of the outdoor vending machines and
15 seasonal sales area for the development that will be considered as part of the special use permit in
16 Companion Case 2012-10P; (ii) the location of the loading area that serves the multi-tenant retail
17 on Lot 4, for which staff determined that this area was only appropriate for use by smaller trucks
18 and the site would not need to be modified for that level of service; and (iii) concerns from an
19 interested party regarding truck traffic on Chase Avenue and Hamlin Avenue and potential conflicts
20 with trucks and cars with existing users in the industrial area; and

21 WHEREAS, in companion case 2012-4P which approved a zoning map amendment for the
22 Subject Property, a condition was recommended by the Plan Commission, requiring that prior to
23 the issuance of building permits, the petitioner must submit a draft of the plat of dedication of a
24 portion of the small triangular parcel on the east side of St. Louis that is owned by the petitioner but
25 was not part of this site plan approval. At Staff’s request and with no objection from the petitioner,
26 the condition was added as Condition 2(d) to the instant case and removed from case 2012-4P;
27 and

28 WHEREAS, after hearing all discussion and testimony, the Skokie Plan Commission (i)
29 determined that proper legal notice had been achieved, (ii) made the appropriate findings of fact in
30 the affirmative, as required under Section 118-32 of the Skokie Village Code, and (iii) voted to
31 recommend to the Mayor and Board of Trustees that:
32 (a) the requested site plan approval be granted subject to the conditions contained in the
33 Plan Commission Report dated April 16, 2012, and

34 (b) relief be granted from Sections 82-28(b)(1)b, 82-28(b)(2), 82-28(c)(1)a, and 118-283(d)
35 of the Skokie Village Code; and

36 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on April 16,
37 2012, heard the presentation of the Plan Commission Report from the Vice Chairman and
38 testimony of the Director of Community Development, and various personnel on behalf of the
39 petitioner; and

40 WHEREAS, in its presentation before the Mayor and Board of Trustees, the petitioner
41 objected to one condition in the Plan Commission Report. The condition, recommended by Staff
42 and approved by the Skokie Plan Commission, mandated a contribution of $50,000 from the
43 petitioner for possible future intersection improvements at Hamlin Avenue and Howard Street. The

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 1 determination of an actual need for improvements at Hamlin Avenue and Howard Street, would be
 2 reassessed in a period of time to be determined; and

 3 WHEREAS, subsequent to the Plan Commission Report and the petitioner’s presentation,
 4 several Trustees had questions for both the petitioner and the Director of Community Development
 5 with regard to the condition of the mandatory contribution of $50,000. Subsequent to a discussion
 6 that ensued, the Mayor and Board of Trustees voted to amend the Plan Commission’s
 7 recommendation and remove the condition for the requirement of the $50,000 contribution; and

 8 WHEREAS, furthermore the Mayor and Board of Trustees voted to concur in the aforesaid
 9 recommendation and findings of fact of the Skokie Plan Commission, as amended;

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

12 Section 1: That the site plan approval requested by the petitioner for a planned
13 development to construct and establish a commercial center in a B2 Commercial district, at the
14 Subject Property legally described above and commonly known as 3530-3690 and 3710-3714
15 Touhy Avenue, Skokie, Illinois, is hereby granted and approved subject to each of the conditions
16 set forth below:

17 1. The petitioner shall develop the Subject Property in substantial conformance with the: final
18 Village approved Preliminary Site Plan dated February 3, 2012, and subsequently revised
19 April 4, 2012 (Alternate No. 23); landscape plan dated January 23, 2012, and last revised
20 April 4, 2012; monument sign plan for Touhy Marketplace dated February 6, 2012; and
21 Walmart wall signage on the elevations dated March 13, 2012 (sheets 1 and 2);
22 2. Prior to the issuance of building permits, the petitioner will submit to the Engineering
23 Division:
24 a. Formal approval by IDOT of the right-in only driveway off of Touhy between the
25 signalized intersections. The site plan must be corrected to the specifications of that
26 approval,
27 b. A more specific design of the pedestrian crossings in front of the Walmart at the
28 handicapped spaces that address safety concerns,
29 c. Evidence of issuance of permits for the construction and operation of the water main and
30 associated equipment by the Illinois Environmental Protection Agency (IEPA) or provide
31 a determination by IEPA that such permits are not required. A custodial agreement for
32 the water main and related appurtenance will also be required with the Village,
33 d. The petitioner must submit a plat of dedication of a portion of the parcel, running north-
34 south and parallel to the center line of St. Louis Avenue, located at 7229 St. Louis
35 Avenue (PIN 10-26-402-019-0000), in order to create a 66-foot-wide right-of-way within
36 that part of St. Louis Avenue between two commonly owned parcels;
37 3. No required parking space on the Subject Property may be for the exclusive use of any
38 tenant;
39 4. All roadway improvements in adjacent rights-of-way shall be made in accordance with this
40 plan at the petitioner’s expense;
41 5. The new traffic signals shall have pedestrian actuation and pedestrian signal heads,
42 emergency vehicle pre-emption (EVP), and meet IDOT’s requirements. Pedestrian

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 1 crossings shall be provided at intersections;
 2 6. The petitioner shall pay ¼ of the annual maintenance costs for the Lawndale/Touhy traffic
 3 signal;
 4 7. Storage containers or other accessory buildings, other than a seasonal sales tent as
 5 provided for in Village Ordinance Number , are specifically prohibited;
 6 8. The parking of trucks, commercial vehicles, and recreational vehicles shall only be in
 7 accordance with the Village Code;
 8 9. The petitioner is required to provide concrete pads for bus shelters and any other
 9 connecting paving required for any bus stop adjacent to the Subject Property as required by
10 Pace. The final location of the pads shall be determined by the Village;
11 10. Parking lot and exterior lighting shall meet IES standards, be full cut-off design, and be
12 directed away from adjacent properties, subject to the approval of the Engineering Division;
13 11. Any outdoor sound systems shall at all times maintain audio levels that are compliant with
14 the Village Code;
15 12. All existing damaged public sidewalks or sidewalks damaged due to the implementation of
16 this plan, located on or adjacent to the Subject Property, shall be replaced;
17 13. All objects and landscaping within a 15-foot sight distance triangle shall not exceed 30
18 inches in height, except traffic control devices listed in the Manual on Uniform Traffic Control
19 Devices;
20 14. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage,
21 landscaping, structures, and any other facilities or infrastructure on the Subject Property
22 shall be maintained in a good state of repair, and when needed, be repaired or replaced in a
23 timely manner;
24 15. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other objects
25 that may impede travel;
26 16. Trash shall only be allowed within designated trash enclosures and shall be screened from
27 public view in an enclosure. All trash shall be contained in such a way as to remain out of
28 sight at all times, except for waste receptacles referenced in Condition Number 17 below;
29 17. Waste receptacles shall be placed on the Subject Property for the use of customers, and
30 that the Health Department shall determine the size, type, and location of these units;
31 18. All off-street parking spaces shall be legibly striped and maintained;
32 19. Any plan to modify parking lot striping must be approved by the Director of Engineering;
33 20. Vehicles shall not be allowed to be parked in or otherwise block common driveways,
34 sidewalks, aisles, or other points of access at any time, shall only be parked in designated
35 parking spaces, and shall not overlap the striped lines of designated parking spaces;
36 21. The owner of the Subject Property and its tenants shall ensure that employees park on the
37 Subject Property;
38 22. All overhead utilities on the Subject Property or in adjacent right-of-way along Touhy Avenue
39 shall be placed or relocated underground. The petitioner shall bear the full cost of any utility
40 relocation and/or conflicts;
41 23. The petitioner shall sign an "Agreement for Installation and Maintenance of Landscaping" to
42 assure that the Subject Property and parkway landscaping is completed and maintained,

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 1 including trimming, watering, and replacing of dead plant materials in a timely manner in
 2 accordance with the final approved landscape plan. A copy of said Agreement is attached
 3 hereto, marked Exhibit “A” and hereby made part of this Ordinance. This “Agreement for
 4 Installation and Maintenance of Landscaping" shall be recorded at the petitioner’s expense;
 5 24. All new construction, alterations, and remodeling shall meet current International Building
 6 and NFPA Life Safety Codes as amended;
 7 25. The petitioner shall obtain all required permits and approvals for improvements to County,
 8 State, or Federal rights-of-way from the governing jurisdiction;
 9 26. The Subject Property must conform to the Village's storm water control requirements as
10 contained in the Skokie Village Code;
11 27. All signage shall conform to the Skokie Village Code, except as provided in this ordinance
12 and Village Ordinance Number . Any sign on the Subject Property that is in violation
13 of that Code must be removed or modified to conform with the Village Code prior to the
14 issuance of an occupancy permit;
15 28. All substantial modifications to building elevations, signage, and landscaping shall be
16 subject to the review and approval of the Skokie Appearance Commission;
17 29. The petitioner shall submit to the Planning Division electronic files of the plat of survey, site
18 plan, and landscape plan in their approved and finalized form. The files shall be scaled 2
19 dimensional drawing files on non-compressed, non-read only CD-ROM .dwg AutoCAD
20 format;
21 30. Prior to the issuance of building permits, the petitioner shall submit to the Planning Division
22 of the Community Development Department the name, address, and telephone number of
23 the company and contact person responsible for site maintenance in compliance with the
24 special use permit;
25 31. If work is to be performed on public property or if public property is utilized or impacted
26 during construction and/or development, the owner shall provide, or shall cause the
27 developer and/or contractor to provide, the Village of Skokie with a certificate of insurance
28 naming the Village of Skokie as additionally insured for any and all claims related to any and
29 all work. The owner shall hold, and shall cause the developer and/or contractor to hold, the
30 Village of Skokie harmless and indemnify the Village for any and all claims for property
31 damage or personal injury related to work on or use of public property;
32 32. The petitioner shall comply with all Federal and State statutes, laws, rules and regulations
33 and all Village codes, ordinances, rules, and regulations; and
34 33. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to
35 initiate hearings to determine whether the subject Ordinance, as well as any applicable
36 business licenses, should be revised or revoked. The petitioner shall pay all costs related to
37 any hearings conducted as a result of non-compliance with any of the provisions of the
38 enabling ordinance. The costs shall include but not be limited to court reporter fees,
39 attorney fees, and staff time required researching and conducting said hearing.

40 Section 2: That relief from Chapter 82, Section 82-28(b)(1)b. to allow Walmart wall
41 signage to face both Touhy Avenue and the western parking lot, is hereby approved.

42 Section 3: That relief from Chapter 82, Section 82-28(b)(2) to allow the Walmart wall
43 sign, facing south, to be larger than 200 square feet, as was approved by the Appearance
44 Commission, is hereby approved.

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 1 Section 4: That relief from Chapter 82, Section 82-28(c)(1)a. to allow two rather than
 2 one ground sign, excluding ground signs for directional purposes as shown on the final approved
 3 site plan, and to allocate sign space other than by the use’s proportionate share of the sign based
 4 on its proportion of the linear footage of building frontage, in accordance with the sign package
 5 approved by the Appearance Commission and the locations determined by the Plan Commission,
 6 is hereby approved.

 7 Section 5: That relief from Chapter 118, Section 118-283(d) to allow grass seeding
 8 rather than the installation of sod in areas not planted by other landscaping, is hereby approved.

 9 Section 6: That a notice of the approval of this Ordinance incorporating the
10 conditions contained herein shall be executed by the owner of the property in writing and duly
11 recorded with the Cook County Recorder of Deeds Office at the owner’s expense.

12 Section 7: Notwithstanding anything in this Ordinance to the contrary, any owner
13 of the Subject Property, including the owner at the time of adoption of this Ordinance, shall
14 have the right at any time to assign the rights, privileges, obligations, and responsibilities set
15 forth in this Ordinance to a subsequent owner, provided that the transferee owner assumes
16 all such rights, privileges, obligations and responsibilities pursuant to written terms and
17 conditions reasonably acceptable to the Village's Corporation Counsel and Village Manager
18 or designee. Upon such assumption, the transferor owner shall be relieved of all rights,
19 privileges, obligations and responsibilities so transferred.

20 Section 8: That this Ordinance shall be in full force and effect from and after its
21 passage, approval, and recordation as provided by law.
22 ADOPTED this day of May 2012.
23
24 Village Clerk
25 Ayes:
26 Nays:
27 Absent:
28 Approved by me this day of
29 Attested and filed in my May 2012.
30 office this day of
31 May 2012.
32
33 Mayor, Village of Skokie
34
35 Village Clerk
36
37
38
39




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Exhibit 1
 Exhibit A

AGREEMENT FOR
INSTALLATION AND
MAINTENANCE OF
LANDSCAPING

Plan Commission Case
2012-6P




 This Agreement is entered into this day of 2012 by and
between CSD TOUHY, LLC, 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 1, 2, 3, 4, AND 5 OF THE TOUHY MARKETPLACE SUBDIVISION BEING A
 SUBDIVISION OF THAT PART OF THE WEST HALF OF THE SOUTHEAST QUARTER
 AND EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 41
 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK
 COUNTY, ILLINOIS.

PINS: 10-26-318-020-0000, 10-26-318-029-0000, 10-26-318-032-0000, 10-26-318-033-0000
 10-26-318-034-0000, 10-26-318-035-0000, 10-26-402-025-0000, 10-26-402-032-0000
 10-26-402-034-0000, 10-26-402-035-0000, 10-26-402-055-0000

commonly known as 3530-3690 and 3710-3714 Touhy Avenue, Skokie, Illinois.

 2. At or near the time of execution of this Agreement, the VILLAGE granted an
 Occupancy Permit, Business License, or Special Use Permit 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 January 23, 2012, and
 last revised April 4, 2012, 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 “B” 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 “B”, 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 CSD Touhy, LLC
 Skokie, IL 60077 c/o Clark Street Development LLC
 Attention: Village Clerk 980 N. Michigan Avenue
 Suite 1280
 With copies to: Chicago, IL 60611
 Village Manager Attention: Peter Eisenberg
 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. Notwithstanding anything in this Agreement to the contrary, any PROPERTY
 OWNER of the Subject Property, including the owner at the time of the execution
 of this Agreement, shall have the right at any time to assign the rights, privileges,
 obligations, and responsibilities set forth in this Agreement to a subsequent
 owner, provided that the transferee owner assumes all such rights, privileges,
 obligations and responsibilities pursuant to written terms and conditions
 reasonably acceptable to the Village's Corporation Counsel and Village Manager
 or designee. Upon such assumption, the transferor owner shall be relieved of all
 rights, privileges, obligations and responsibilities so transferred.

 19. 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.

CSD TOUHY, LLC VILLAGE OF SKOKIE


By: By:
 its Village Manager
Title:

ATTEST: ATTEST:


 Village Clerk
Its:
Exhibit B
 JPH: 5/7/12
 F
 PC: 2012-7P
 SUP: 429.01
 THIS ORDINANCE MAY BE CITED AS
 VILLAGE ORDINANCE NUMBER

 12-5-Z-


 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
 ESTABLISH AND OPERATE A BANK WITH A FOUR LANE
 DRIVE-THROUGH FACILITY AT 3636 TOUHY AVENUE,
 SKOKIE, ILLINOIS IN A B2 COMMERCIAL DISTRICT AND RELIEF FROM
 SECTIONS 82-7(12) AND 82-28(B)(1) OF THE SKOKIE VILLAGE CODE

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

 2 LOT 3 IN TOUHY MARKETPLACE SUBDIVISION, BEING A SUBDIVISION OF THAT
 3 PART OF THE WEST HALF OF THE SOUTHEAST QUARTER AND EAST HALF OF
 4 THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 13,
 5 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
 6
 7 more commonly described as 3636 Touhy Avenue, Skokie, Illinois (the “Subject Property”),
 8 petitioned the Village of Skokie for a special use permit to establish and operate a bank with
 9 a four (4) lane drive-through facility in a B2 Commercial district; and

10 WHEREAS, this case was presented and heard in conjunction with six (6) companion
11 cases; 2012-4P, 2012-5P, 2012-6P, 2012-8P, 2012-9P, and 2012-10P, all regarding a
12 proposed development, the Touhy Marketplace; and

13 WHEREAS, Touhy Marketplace will be a 195,000 square-foot development, which will
14 include a 150,000 square-foot Walmart, two banks, a medical office building and various retail.
15 One of the banks, JP Morgan Chase, will be located in a lot adjacent to the east side of the
16 main Touhy Avenue/Lawndale Avenue entrance; and

17 WHEREAS, petitioner has requested use of four (4) remote drive-through lanes which
18 will be located to the east of the bank building. Although a bank is a permitted use in a B2
19 Commercial district, a special use is required due to the proposed drive-though lanes; and

20 WHEREAS, vehicles would enter the bank property from either the north or east.
21 The petitioner is providing 31 parking spaces even though only a minimum of 15 is required;
22 and

23 WHEREAS, the drive-through lanes will have ample stacking for four (4) cars per drive-
24 through lane for a total of sixteen (16) drive-through spaces; and

25 WHEREAS, petitioner’s traffic consultant has reviewed the bank property traffic
26 circulation, including the drive-through lanes in relation to the overall development, and has
27 opined that sufficient parking, circulation, and stacking has been accommodated; and


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 1 WHEREAS, during the Community Development staff review of petitioner’s sign package
 2 for this site, presented to the Appearance Commission, it was determined the relief from the
 3 following sections of the Skokie Village Code would be required:

 4 (i) 82-7(12) - in order to accommodate the greater number of directional signs
 5 requested than are allowed, and

 6 (ii) 82-28(b) – in order to allow wall signs on the north, east, and west sides of the
 7 building in addition to the allowed wall sign on the south side of the building facing
 8 Touhy Avenue; and

 9 WHEREAS, the Skokie Plan Commission, at a public hearing duly held on March 15,
10 2012, for which proper legal notice had been achieved and no interested parties testified, (a)
11 made the appropriate findings of fact as required under Section 118-32 of the Skokie Village
12 Code and (b) voted to recommend to the Mayor and Board of Trustees that the requested
13 special use permit be granted subject to the conditions contained in the Plan Commission
14 Report dated April 16, 2012, and (c) relief be granted from Sections 82-7(12) and 82-28(b) of
15 the Skokie Village Code be granted; and

16 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on April
17 16, 2012 concurred in the aforesaid recommendations and findings of fact of the Skokie Plan
18 Commission;

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

21 Section 1: That the special use permit requested by the petitioner to establish and
22 operate a bank with a 4-lane drive-through facility at the Subject Property, described above
23 and commonly known as 3636 Touhy Avenue, Skokie, Illinois, in a B2 Commercial district be
24 and the same is hereby granted and approved subject to each of the conditions set forth
25 below:

26 1. Prior to applying for building permits, a direct pedestrian connection from the
27 north sidewalk to the bank building must be added to the site plan;
28 2. The petitioner shall develop the Subject Property in substantial conformance with
29 the final Village approved site plan dated April 4, 2012; landscape plans dated
30 April 4, 2012; building elevations dated April 13, 2012; sign package dated April
31 13, 2012; and floor plan dated February 8, 2012;
32 3. The proposed development shall have a maximum floor area of 4,413 square
33 feet;
34 4. The proposed development shall have a minimum of 15 off-street parking spaces
35 including 1 handicapped parking space. Additional parking spaces shall be
36 available for use by the shopping center tenants;
37 5. The handicapped parking spaces shall be installed and maintained in compliance
38 with State of Illinois Accessibility Standards and the Skokie Village Code;
39 6. The petitioner shall comply with all Federal and State statutes, laws, rules and
40 regulations and all Village codes, ordinances, rules, and regulations;

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 1 7. Failure to abide by any and all terms of this Ordinance shall be cause for the
 2 Village to initiate hearings to determine whether the subject Ordinance, as well
 3 as any applicable business licenses, should be revised or revoked. The
 4 petitioner shall pay all costs related to any hearings conducted as a result of non-
 5 compliance with any of the provisions of the enabling ordinance. The costs shall
 6 include but not be limited to court reporter fees, attorney fees, and staff time
 7 required researching and conducting said hearing; and
 8 8. The petitioner shall implement any necessary operational improvements to
 9 ensure that stacking of vehicles within the drive-through facility will be contained
10 on-site and not impede or obstruct pedestrian or vehicular movements.

11 Section 2: That relief from Chapter 82, Section 82-7(12), of the Skokie Village Code,
12 to allow the increased number of directional signs is hereby approved.

13 Section 3: That relief from Chapter 82, Section 82-28(b)(1), of the Skokie Village
14 Code, to allow wall signs on the north, east, and west sides of the building in addition to the
15 allowed wall sign on the south side of the building facing Touhy Avenue is hereby approved.

16 Section 4: 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
18 duly recorded with the Cook County Recorder of Deeds Office at the owner’s expense.

19 Section 5: Notwithstanding anything in this Ordinance to the contrary, any owner
20 of the Subject Property, including the owner at the time of adoption of this Ordinance, shall
21 have the right at any time to assign the rights, privileges, obligations, and responsibilities set
22 forth in this Ordinance to a subsequent owner, provided that the transferee owner assumes
23 all such rights, privileges, obligations and responsibilities pursuant to written terms and
24 conditions reasonably acceptable to the Village's Corporation Counsel and Village Manager
25 or designee. Upon such assumption, the transferor owner shall be relieved of all rights,
26 privileges, obligations and responsibilities so transferred.

27 Section 6: That this Ordinance shall be in full force and effect from and after its
28 passage, approval and recordation as provided by law.
29
30 ADOPTED this day of May 2012.
31
32 Village Clerk
33 Ayes:
34 Nays:
35 Absent:
36 Approved by me this day of
37 Attested and filed in my May 2012.
38 office this day of
39 May 2012.
40
41 Mayor, Village of Skokie
42
43 Village Clerk


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 VOSDOCS-#401659-v1-Ordinance__2012-7P__SUP__JP_Morgan_Chase_Bank__4_Lane_Drive-
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 JPH: 5/7/12
 G
 PC: 2012-8P
 SUP: 430.01
 THIS ORDINANCE MAY BE CITED AS
 VILLAGE ORDINANCE NUMBER

 12-5-Z-


 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
 ESTABLISH AND OPERATE A BANK WITH A THREE LANE
 DRIVE-THROUGH FACILITY AT 3654 TOUHY AVENUE,
 SKOKIE, ILLINOIS IN A B2 COMMERCIAL DISTRICT

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

 2 LOT 2 IN TOUHY MARKETPLACE SUBDIVISION, BEING A SUBDIVISION OF THAT
 3 PART OF THE WEST HALF OF THE SOUTHEAST QUARTER AND EAST HALF OF
 4 THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 13,
 5 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
 6
 7 more commonly described as 3654 Touhy Avenue, Skokie, Illinois (the “Subject Property”),
 8 petitioned the Village of Skokie for a special use permit to establish and operate a bank with
 9 a three-lane drive-through facility in a B2 Commercial district; and

10 WHEREAS, this case was presented and heard in conjunction with six (6) companion
11 cases; 2012-4P, 2012-5P, 2012-6P, 2012-7P, 2012-9P, and 2012-10P, all regarding a
12 proposed development, the Touhy Marketplace (“Development”); and

13 WHEREAS, Touhy Marketplace, will be a 195,000 square-foot development, which will
14 include a 150,000 square-foot Walmart, two banks, a medical office building and various retail;
15 and

16 WHEREAS, the petitioner has requested use of a three (3) lane drive-through facility
17 which will be located to the east of a new 4,323 square-foot building located west of the
18 main Touhy Avenue/ Lawndale Avenue entrance; and

19 WHEREAS, although a bank is a permitted use in a B2 Commercial district, a special
20 use is required due to the proposed drive-though lanes; and

21 WHEREAS, vehicles will enter the bank property from the north. The petitioner is
22 providing 19 parking spaces even though only a minimum of 14 is required; and

23 WHEREAS, the drive-through lanes will accommodate stacking for five (5) cars in the
24 left lane, four (4) for the middle lane and three (3) for the right lane, for a total of twelve (12)
25 drive-through spaces. The bank will implement any necessary operational procedures to
26 ensure that stacking of vehicles within the drive-through lanes will be contained on the bank
27 site and not interfere with pedestrian or vehicular movements at other locations within the
28 Development; and


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 1 WHEREAS, petitioner’s traffic consultant has reviewed the bank property traffic
 2 circulation, including the drive-through lanes in relation to the overall development, and has
 3 opined that sufficient parking, circulation, and stacking has been accommodated; and

 4 WHEREAS, the overall Touhy Marketplace development will operate as one entity;
 5 therefore, items such as driveway access, motor vehicle and pedestrian circulation, and
 6 motor vehicle and bicycle parking, will be shared; and

 7 WHEREAS, the Skokie Plan Commission, at a public hearing duly held on March 15,
 8 2012, for which proper legal notice had been achieved and no interested parties testified, (a)
 9 made the appropriate findings of fact as required under Section 118-32 of the Skokie Village
10 Code and (b) voted to recommend to the Mayor and Board of Trustees that the requested
11 special use permit be granted subject to the conditions contained in the Plan Commission
12 Report dated April 16, 2012; and

13 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on April
14 16, 2012, concurred in the aforesaid recommendations and findings of fact of the Skokie Plan
15 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 special use permit requested by the petitioner to establish and
19 operate a bank with a three (3) lane drive-through facility at the Subject Property, described
20 above and commonly known as 3654 Touhy Avenue, Skokie, Illinois, in a B2 Commercial
21 district be and the same is hereby granted and approved subject to each of the conditions set
22 forth below:

23 1. The petitioner shall develop the Subject Property in substantial conformance with the
24 final Village approved site plan dated April 4, 2012, and return for a future public
25 hearing process to receive approval for building elevations, sign plans, and
26 landscape plans;
27 2. The proposed development shall have a maximum floor area of 4,323 square feet;
28 3. The proposed development shall have a minimum of 14 off-street parking spaces
29 including 1 handicapped parking space. Additional spaces shall be available for use
30 by shopping center tenants;
31 4. The handicapped parking spaces shall be installed and maintained in compliance with
32 State of Illinois Accessibility Standards and the Skokie Village Code;
33 5. The petitioner shall comply with all Federal and State statutes, laws, rules and
34 regulations and all Village codes, ordinances, rules, and regulations;
35 6. Failure to abide by any and all terms of this Ordinance shall be cause for the Village
36 to initiate hearings to determine whether the subject Ordinance, as well as any
37 applicable business licenses, should be revised or revoked. The petitioner shall pay
38 all costs related to any hearings conducted as a result of non-compliance with any of
39 the provisions of the enabling ordinance. The costs shall include but not be limited to
40 court reporter fees, attorney fees, and staff time required researching and conducting
41 said hearing; and


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 1 7. The petitioner shall implement any necessary operational improvements to ensure
 2 that stacking of vehicles within the drive-through facility will be contained on-site and
 3 not impede or obstruct pedestrian or vehicular movements.

 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: Notwithstanding anything in this Ordinance to the contrary, any owner
 8 of the Subject Property, including the owner at the time of adoption of this Ordinance, shall
 9 have the right at any time to assign the rights, privileges, obligations, and responsibilities set
10 forth in this Ordinance to a subsequent owner, provided that the transferee owner assumes
11 all such rights, privileges, obligations and responsibilities pursuant to written terms and
12 conditions reasonably acceptable to the Village's Corporation Counsel and Village Manager
13 or designee. Upon such assumption, the transferor owner shall be relieved of all rights,
14 privileges, obligations and responsibilities so transferred.

15 Section 4: That this Ordinance shall be in full force and effect from and after its
16 passage, approval and recordation as provided by law.
17
18 ADOPTED this day of May 2012.
19
20 Village Clerk
21 Ayes:
22 Nays:
23 Absent:
24 Approved by me this day of
25 Attested and filed in my May 2012.
26 office this day of
27 May 2012.
28
29 Mayor, Village of Skokie
30
31 Village Clerk




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 JPH: 5/7/12
 H
 PC: 2012-9P
 SUP: 431.01
 THIS ORDINANCE MAY BE CITED AS
 VILLAGE ORDINANCE NUMBER

 12-5-Z-


 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR
 PACKAGED LIQUOR SALES AT 3626 TOUHY AVENUE,
 SKOKIE, ILLINOIS IN A B2 COMMERCIAL DISTRICT

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

 2 LOT 1 IN TOUHY MARKETPLACE SUBDIVISION, BEING A SUBDIVISION OF
 3 THAT PART OF THE WEST HALF OF THE SOUTHEAST QUARTER AND
 4 EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP
 5 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
 6 COOK COUNTY, ILLINOIS.
 7
 8 more commonly described as 3626 Touhy Avenue, Skokie, Illinois (the “Subject Property”),
 9 petitioned the Village of Skokie on behalf of Walmart, for a special use permit for packaged
10 liquor sales in a B2 Commercial district; and

11 WHEREAS, this case was presented and heard in conjunction with six (6) companion
12 cases; 2012-4P, 2012-5P, 2012-6P, 2012-7P, 2012-8P, and 2012-10P regarding the proposed
13 development, “Touhy Marketplace”; and

14 WHEREAS, Touhy Marketplace will be a 195,000 square-foot development, which will
15 include a 150,000 square-foot Walmart store; and

16 WHEREAS, in 2008, the Mayor and Board of Trustees created the Class O liquor license
17 for retail establishments that only sell liquor to be consumed off-premises, commonly referred to
18 as packaged liquor establishments; and

19 WHEREAS, on January 18, 2011, Ordinance Number 11-1-C-3814 was adopted which
20 created a new category of the O license, OL (“L” for Large), for retailers that sell liquor only for
21 consumption off-premises and have over 40,000 square feet of total retail space with no minimum
22 or maximum square footage required to be dedicated to the sale of liquor; and

23 WHEREAS, Walmart is desirous of the ability to sell packaged liquor at retail and prior to
24 submitting an application to the Skokie Liquor Commissioner, a special use permit is required
25 since it will be located in a B2 Commercial district; and

26 WHEREAS, the sale of packaged liquor is common at other big box discount retailers and
27 grocery stores in the area. The Subject Property is entirely surrounded by commercial and
28 industrial uses. Hours of sale shall be in accordance with the state and local laws; and

29 WHEREAS, the Skokie Plan Commission, at a public hearing duly held on March 15, 2012,
30 for which proper legal notice had been achieved and no interested parties testified, (a) made the

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 1 appropriate findings of fact as required under Section 118-32 of the Skokie Village Code and (b)
 2 voted to recommend to the Mayor and Board of Trustees that the requested special use permit be
 3 granted subject to the conditions contained in the Plan Commission Report dated April 16, 2012;
 4 and

 5 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on April 16,
 6 2012, concurred in the aforesaid recommendations and findings of fact of the Skokie Plan
 7 Commission;

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

10 Section 1: That the special use permit requested by the petitioner for packaged liquor
11 sales at the Subject Property, described above and commonly known as 3626 Touhy Avenue,
12 Skokie, Illinois, in a B2 Commercial district be and the same is hereby granted and approved
13 subject to each of the conditions set forth below:

14 1. The special use permit shall be applicable to Walmart only;
15 2. The petitioners shall comply with all Federal and State statutes, laws, rules and
16 regulations and all Village codes, ordinances, rules, and regulations;
17 3. Failure to abide by any and all terms of this Ordinance shall be cause for the Village
18 to initiate hearings to determine whether the subject Ordinance, as well as any
19 applicable business licenses, should be revised or revoked; and
20 4. The petitioners shall pay all costs related to any hearings conducted as a result of
21 non-compliance with any of the provisions of the enabling ordinance. The costs shall
22 include but not be limited to court reporter fees, attorney fees, and staff time required
23 researching and conducting said hearing.

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

27 Section 3: Notwithstanding anything in this Ordinance to the contrary, any owner
28 of the Subject Property, including the owner at the time of adoption of this Ordinance, shall
29 have the right at any time to assign the rights, privileges, obligations, and responsibilities set
30 forth in this Ordinance to a subsequent owner, provided that the transferee owner assumes
31 all such rights, privileges, obligations and responsibilities pursuant to written terms and
32 conditions reasonably acceptable to the Village's Corporation Counsel and Village Manager
33 or designee. Upon such assumption, the transferor owner shall be relieved of all rights,
34 privileges, obligations and responsibilities so transferred.

35 Section 4: That this Ordinance shall be in full force and effect from and after its
36 passage, approval and recordation as provided by law.
37
38
39
40
41
42


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 1 ADOPTED this day of May 2012.
 2
 3 Village Clerk
 4 Ayes:
 5 Nays:
 6 Absent:
 7 Approved by me this day of
 8 Attested and filed in my May 2012.
 9 office this day of
10 May 2012.
11
12 Mayor, Village of Skokie
13
14 Village Clerk




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 VOSDOCS-#401821-v1-Ordinance__2012-
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 JPH: 5/7/12
 I
 PC: 2012-10P
 SUP: 432.01
 THIS ORDINANCE MAY BE CITED AS
 VILLAGE ORDINANCE NUMBER

 12-5-Z-


 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR
 TEMPORARY SEASONAL GARDEN AND PLANT MATERIAL OUTDOOR
 SALES AND OUTDOOR VENDING MACHINES AT 3626 TOUHY
 AVENUE, SKOKIE, ILLINOIS IN A B2 COMMERCIAL DISTRICT

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

 2 LOT 1 IN TOUHY MARKETPLACE SUBDIVISION, BEING A SUBDIVISION OF THAT
 3 PART OF THE WEST HALF OF THE SOUTHEAST QUARTER AND EAST HALF OF
 4 THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 13,
 5 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
 6
 7 more commonly described as 3626 Touhy Avenue, Skokie, Illinois (the “Subject Property”),
 8 petitioned the Village of Skokie for a special use permit to allow temporary seasonal garden
 9 and plant material outdoor sales and outdoor vending machines in a B2 Commercial district;
10 and

11 WHEREAS, this case was presented and heard in conjunction with six (6) companion
12 cases; 2012-4P, 2012-5P, 2012-6P, 2012-7P, 2012-8P, and 2012-9P, all pertaining to a
13 proposed development, the Touhy Marketplace; and

14 WHEREAS, Touhy Marketplace will be a 195,000 square-foot planned development,
15 which will include a 150,000 square-foot Walmart to be located at 3626 Touhy Avenue; and

16 WHEREAS, subsequent to submitting its application, petitioner requested to amend it
17 to include a request to authorize for outdoor soft drink vending machines to be located
18 between the front entrances of the Walmart, in the special use permit; and

19 WHEREAS, the proposed Walmart desires to have a garden center separate and
20 unattached to the store. Consequently, the petitioner is requesting a temporary seasonal
21 gardening and plant material sales area (the “Outdoor Sales Area”), and

22 WHEREAS, the Outdoor Sales Area was originally proposed within a portion of the
23 parking lot to the north of the main access drive from Touhy Avenue, which would have
24 resulted in a loss of 37 parking spaces and would obstruct a driveway; and

25 WHEREAS, Community Development staff suggested to the petitioner that the
26 Outdoor Sales Area be relocated to the east of the Walmart building. However, upon the
27 opening of the new medical building which is part of the planned development, and the
28 increased parking demand in this area, an amendment to the special use permit would be


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 1 required if Walmart wished to continue the temporary seasonal garden and plant material
 2 outdoor sales; and

 3 WHEREAS, the Skokie Plan Commission, at a public hearing duly held on March 15,
 4 2012, and no interested parties appeared, heard discussion and testimony regarding:

 5 (i) Location of the Outdoor Sales Area - The petitioner stated that placing retail
 6 stores south of the Walmart store, instead of the Outdoor Sales Area, would
 7 enhance the appearance of the building and add more retail offerings along
 8 Touhy Avenue. Additionally, the petitioner also did not agree to staff’s
 9 suggested location of the Outdoor Sales Area to the east of the Walmart
10 store because Walmart did not own the property. The petitioner also
11 requested to meet with staff prior to the Village Board meeting in order to
12 determine a more appropriate location for the Outdoor Sales Area;

13 (ii) Duration of the Outdoor Sales Area - The petitioner objected to the condition
14 directing that the duration of the Outdoor Sales Area may be open from April
15 to June and asked that it be amended to allow sales from March to October.
16 Petitioner stated that a typical Walmart offers sales of plants and landscape
17 materials throughout the growing season which is why they are requesting
18 that it remain open March through October;

19 (iii) Loss of parking spaces resulting from the Outdoor Sales Area – Staff stated
20 there is currently a surplus of spaces and there would be no parking deficit
21 until all the required parking spaces were taken, which would not occur until
22 the retail stores along the south side of Walmart were occupied. At that time,
23 the outdoor sales area would need to be reduced in size or removed if
24 additional required parking spaces were needed.

25 (iv) Outdoor location of the vending machines – The petitioner stated that,
26 according to Walmart, outdoor vending machines were an important
27 component of its operation and assured the Plan Commission that the
28 machines would be operated in compliance with Skokie’s codes; and

29 WHEREAS, subsequent to all discussion, the Skokie Plan Commission: (i) determined
30 proper legal notice had been achieved, (ii) made the appropriate findings of fact as required
31 under Section 118-32 of the Skokie Village Code and (iii) voted to recommend to the Mayor
32 and Board of Trustees that the requested special use permit, as amended, be granted subject
33 to the conditions contained in the Plan Commission Report dated April 16, 2012; and

34 WHEREAS, subsequent to the Plan Commission meeting, staff and petitioner’s
35 representatives came to an agreement on the location of the Outdoor Sales Area. It will be
36 north of the existing Wendy’s property at 3700 Touhy Avenue, where only 12 surplus spaces
37 would be lost and no driveway obstructed; and

38 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on April
39 16, 2012, subsequent to the presentation of the Plan Commission Report, heard testimony
40 from the Director of Community Development, and several people representing the petitioner.


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 1 The petitioner again requested that the Outdoor Sales Area be allowed open from March
 2 through October instead of April 15 thru June 15, as approved by the Plan Commission; and

 3 WHEREAS, subsequent to a discussion that ensued, the Mayor and Board of
 4 Trustees, at a public meeting duly held on April 16, 2012, voted to amend the condition
 5 requiring the duration of the temporary seasonal gardening and plant material sales area
 6 from April 15 to June 15, to March 1 through October 31; and

 7 WHEREAS, the Mayor and Board of Trustees went on to concur in the aforesaid
 8 recommendations and findings of fact of the Skokie Plan Commission, as amended;

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

11 Section 1: That the special use permit requested by the petitioner to allow
12 temporary seasonal garden and plant material outdoor sales and outdoor vending machines at
13 the Subject Property, described above and commonly known as 3626 Touhy Avenue, Skokie,
14 Illinois, in a B2 Commercial district be and the same is hereby granted and approved subject
15 to each of the conditions set forth below:

16 1. The petitioners must locate the temporary seasonal garden and plant material
17 sales area in compliance with the Proposed Outdoor Sales Area Plan, a copy of
18 which is attached hereto as Exhibit “1”;
19 2. The petitioners must locate the outside vending machines in compliance with the
20 Outside Vending Machine Location Plan, a copy of which is attached hereto as
21 Exhibit “2”;
22 3. No more than six (6) outside vending machines shall be permitted to be located
23 on the subject site. Any increase in the total number of outside vending
24 machines shall require an amendment to the special use permit;
25 4. All garden and plant material displays, storage, and sales must take place within
26 a roofed area that is at least 40 percent enclosed by walls, which may be a
27 temporary tent structure;
28 5. The temporary seasonal outdoor sales area shall only be permitted to operate
29 from March 1 through October 31, between 8:00 a.m. and 8:00 p.m.;
30 6. The petitioners shall comply with all Federal and State statutes, laws, rules and
31 regulations and all Village codes, ordinances, rules, and regulations;
32 7. Failure to abide by any and all terms of this Ordinance shall be cause for the
33 Village to initiate hearings to determine whether the subject Ordinance, as well
34 as any applicable business licenses, should be revised or revoked; and
35 8. The petitioners shall pay all costs related to any hearings conducted as a result
36 of non-compliance with any of the provisions of the enabling ordinance. The
37 costs shall include but not be limited to court reporter fees, attorney fees, and
38 staff time required researching and conducting said hearing.




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

 4 Section 3: Notwithstanding anything in this Ordinance to the contrary, any owner
 5 of the Subject Property, including the owner at the time of adoption of this Ordinance, shall
 6 have the right at any time to assign the rights, privileges, obligations, and responsibilities set
 7 forth in this Ordinance to a subsequent owner, provided that the transferee owner assumes
 8 all such rights, privileges, obligations and responsibilities pursuant to written terms and
 9 conditions reasonably acceptable to the Village's Corporation Counsel and Village Manager
10 or designee. Upon such assumption, the transferor owner shall be relieved of all rights,
11 privileges, obligations and responsibilities so transferred.

12 Section 4: That this Ordinance shall be in full force and effect from and after its
13 passage, approval and recordation as provided by law.
14
15 ADOPTED this day of May 2012.
16
17 Village Clerk
18 Ayes:
19 Nays:
20 Absent:
21 Approved by me this day of
22 Attested and filed in my May 2012.
23 office this day of
24 May 2012.
25
26 Mayor, Village of Skokie
27
28 Village Clerk
29
30
31
32




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Exhibit 1
Exhibit 2
PLAN COMMISSION REPORT 2012-11P: Zoning Map Amendment
Plan Commission Council Chambers, 8:00 PM, May 7, 2012


To: Mayor and Board of Trustees
From: Paul Luke, Plan Commission Chairperson
Case: 2012-11P: Zoning Map Amendment
 3448-3464 Touhy Avenue (from M3 Industry to B2 Commercial)
 XSport Fitness
 Related Cases: 2012-11P: Zoning Map Amendment (from M3 to B2)
 2012-12P: Planned Development
 2012-13P: SUP: Health and Fitness Center
 2012-14P: Parking Determination: Health and Fitness Center

PLAN COMMISSION ANALYSIS
During its April 5, 2012, meeting, the Plan Commission heard a request from
Centerpoint Properties Trust to rezone 3448-3464 Touhy Avenue from M3 Industry to
B2 Commercial.
The purpose of the request is to allow the leasing of a portion of the subject property to
develop and operate an XSport Fitness health and fitness center. The existing multi-
tenant office/industrial uses currently located on the north portion of the building will
remain.
The Comprehensive Plan identifies the subject site as manufacturing/service
employment; however, the proposed map amendment is consistent with the trend of
commercial development along Touhy Avenue. The zoning history and the justification
for the map amendment are included in the attached staff report.
The Plan Commission concurred with the staff recommendation to grant the requested
map amendment.


INTERESTED PARTIES
Legal notice was properly posted, advertised, and delivered as prescribed by the Zoning
Ordinance. There were no questions from commissioners or the audience regarding
this case.


PLAN COMMISSION RECOMMENDATIONS AND VOTING
The Plan Commission recommends, by a vote of 9 ayes and 0 nays, that the petitioner’s
request to amend the Zoning Map to rezone 3448-3464 Touhy Avenue from M3
Industry to B2 Commercial, be APPROVED, subject to the attached Plan Commission
Positive Findings of Fact.




VOSDOCS-#401768-v1-Master_Plan_Commission_Report_for_2012-11P_-_Zoning_Map_Amendment_from_M3_to_B2.DOC 1
ATTACHMENTS
1. Plan Commission Positive Findings of Fact for 2012-11P, dated May 7, 2012
2. Plan Commission Meeting Minutes dated April 5, 2012
3. Staff Report and Select Attachments for 2012-11P, dated April 5, 2012




VOSDOCS-#401768-v1-Master_Plan_Commission_Report_for_2012-11P_-_Zoning_Map_Amendment_from_M3_to_B2.DOC 2
Plan Commission
Positive Findings of Fact 2012-11P: Zoning Map Amendment
Community Development Department Council Chambers, 8:00 PM, May 7, 2012


1 Consideration Existing use of property within the general area of the property in
 question.

 Findings The subject site consists of an existing building, which is primarily
 vacant, with the exception of a packaging materials manufacturer
 tenant. The surrounding uses consist of mixed manufacturing,
 school bus transportation, and shopping center uses. The uses in
 the general area should not be negatively impacted if the subject
 site and adjacent right-of-way are properly developed.


2 Consideration The zoning classification of property within the general area of the
 property in question.

 Findings Skokie – Adjacent property north, east and west of the site is zoned
 M3 Industry. 3200-50 and 3700 Touhy Avenue are zoned B2
 Commercial. 3600-3650 and 3710-3714 Touhy Avenue (except
 3700 Touhy Avenue), 3649 Chase Avenue, and 7254 St. Louis
 Avenue are currently zoned M3 Industry, and all have a pending
 request to rezone to B2 Commercial.
 Lincolnwood – Adjacent property south of the site is zoned MB Light
 Manufacturing/Business and PUD Planned Unit Development.


3 Consideration The suitability of the property in question to the uses permitted
 under the existing zoning classification

 Findings The site is suited for permitted uses in the M3 Industry district. If
 redeveloped properly, the site can accommodate permitted uses in
 the B2 Commercial district. Access easements need to be
 maintained and/or improved.




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4 Consideration The trend of development, if any, in the general area on the
 property in question, including changes, if any, which have taken
 place since the day the property in question was placed in its
 present zoning classification.

 Findings The entire site was zoned M3 Industry in approximately 1956, after
 being zoned Light Industry for the southern 125 feet
 (approximately) of the property, and Heavy Industry for the balance
 of the property, from 1946-1956. Historic aerial photographs
 indicate that the subject site had storage tanks from 1951 to 1962,
 and was converted to a tennis facility in 1972. Most recently, a
 special use permit was obtained in 2004 for the establishment and
 operation of a motor vehicle sales and repair facility at the subject
 site. The business closed in 2009 or 2010. The trend in the
 surrounding area has been towards retail and service uses, such as
 the Lincolnwood Town Center, Lowe’s home improvement center,
 the shopping center located at 3200-50 Touhy Avenue, Wendy’s
 limited service restaurant, Citgo motor vehicle gas station, and the
 pending Touhy Marketplace request with Walmart as the anchor
 tenant. The proposed zoning map amendment will coincide with
 redevelopment trends along Touhy Avenue.




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 Plan Commission Meeting Minutes
 Date: April 5, 2012

A motion to approve the minutes of the March 15, 2012 meeting was made by Plan
Commissioner Mitchell and seconded by Commissioner Laxpati. All voted aye.

Case Description

2012-11P – Zoning Map Amendment: 3448-3464 Touhy Avenue
Centerpoint Properties Trust requests a zoning map amendment from M3 Industry to B2
Commercial for PIN # 10-26-402-062, commonly known as 3448-3464 Touhy Avenue.


Discussion and Interested Parties

Legal Notice was properly posted, advertised, and delivered to all property owners in
the area of the subject site as prescribed by the Zoning Chapter.

Mr. Lawrence Freedman, attorney from Ash, Anos, Freedman and Logan represented
Capital Fitness, the owners of the property. Also in attendance was Joe Whiteside from
the BIG ROCK Group, Steve Neil of NWS Architects, Inc., traffic planner Michael
Werthmann from KLOA, civil engineer Bernie Bono from Bono Consulting, and Van Neie
from Developing Landscapes, Inc.

 The purpose for the rezoning is to allow a 24-hour, 7 days a week, health and fitness
center. The west portion of the property will remain M3 Industry. The current trend in
the surrounding area is shifting from industrial to commercial/retail.

A motion was made by one Plan Commissioner to adopt the staff report into the record.
There were no questions from the commission or from the audience.


Recommendation and Voting

The Plan Commission moved to recommend approval of this case based on positive
findings of fact. This motion was approved with a vote of 9 ayes and 0 nays.


Motion: Mitchell Second: Laxpati

Ayes: 9
Nays: 0




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STAFF REPORT 2012-11P: Zoning Map Amendment
Community Development Department Council Chambers, 7:30 PM, April 5, 2012

To: Paul Luke, Chairman, Skokie Plan Commission
From: Carrie Haberstich, AICP, Planner/CDBG Administrator
Re: Zoning Map Amendment: 3448-3464 Touhy Avenue

 Related Cases: 2012-11P: Zoning Map Amendment (from M3 to B2)
 2012-12P: Planned Development
 2012-13P: SUP: Health and Fitness Center
 2012-14P: Parking Determination: Health and Fitness Center


General Information
Location 3448-3464 Touhy Avenue
Purpose A request to amend the zoning of the property from M3 Industry to
 B2 Commercial
Petitioner Centerpoint Properties Trust
Size of Site 6.637 acres, with approximately 350 feet of east-west frontage on
 Touhy Avenue
Existing Zoning & M3 Industry, with zoning map amendment request to B2 Commercial
Land Use – warehouse type uses
Adjacent Zoning & North M3 Industry – mixed industrial uses, school bus
Land Use transportation company
 South MB Light Manufacturing/Business (Village of Lincolnwood)
 – mixed industrial uses
 PUD (Village of Lincolnwood) – Lincolnwood Town Center
 shopping mall
 East M3 Industry – abandoned railroad right-of-way, mixed
 industrial uses
 West M3 Industry (portion changing to B2 Commercial in 2012-
 4P) – mixed industrial uses, school bus transportation
 company, vacant land, proposed shopping center
Comprehensive Plan The site is designated manufacturing/service employment




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SITE INFORMATION
  A public sidewalk is located along Touhy Avenue.
  Overhead utilities run along a portion of the south side of the subject site along
 Touhy Avenue and a portion of the west side of the subject site. Overhead
 utilities connect to the west side of the building.
  The site is served by the Pace 290 Touhy Avenue bus.
  The site has one existing building with a depressed loading dock on the west
 side of the building.
  No bicycle facilities are currently planned along the Touhy Avenue corridor east
 of St. Louis Avenue per the Village of Skokie Bicycle Facility Plan and the Village
 of Lincolnwood Bikeway Plan. Nearby east-west connections in the area will be a
 1/4-mile to the north on Howard Street and 3/8-mile to the south in the Village
 of Lincolnwood, south of the Lincolnwood Town Center, along the Northeast
 Parkway.

STAFF ANALYSIS
Petitioner’s Submittal
Centerpoint Properties Trust is requesting a zoning map amendment, rezoning the
property from its existing M3 (Industry) classification to B2 (Commercial). The purpose
is to allow the leasing of a portion of the subject property to develop and operate a 24-
hour, seven days a week, 365 days a year, X-Sport Fitness health and fitness center.
The X-Sport facility will be approximately 92,000 square-feet in area, with
approximately 61,200 square feet encompassing the health club.
The existing multi-tenant office/industrial uses currently located on the north portion of
the building will remain.


Comments
Staff Comment and Review sheets were sent to all pertinent departments. Several
departments had comments for the related cases, and only the Engineering Division
had comments regarding the zoning map amendment request.


Engineering Division
The Engineering Division has no objections to the proposed zoning map amendment.


Planning Division
The Planning Division has reviewed the submitted material and supports the proposed
zoning map amendment. The proposed map amendment is consistent with the trend of
commercial development along Touhy Avenue.


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The entire site was zoned M3 Industry in approximately 1956, after being zoned Light
Industry for the southern 125 feet (approximately) of the property, and Heavy Industry
for the balance of the property, from 1946-1956. Historic aerial photographs indicate
that the subject site had storage tanks from 1951 to 1962, and was converted to a
tennis facility in 1972. Most recently, a special use permit was obtained in 2004 for the
establishment and operation of a motor vehicle sales and repair facility at the subject
site. The business closed in 2009 or 2010. The trend in the surrounding area has been
towards retail and service uses, such as the Lincolnwood Town Center, Lowe’s home
improvement center, the shopping center located at 3200-50 Touhy Avenue, Wendy’s
limited service restaurant, Citgo motor vehicle gas station, and the pending Touhy
Marketplace request with Walmart as the anchor tenant.
The uses surrounding the site vary from warehouse and manufacturing to limited
service restaurant, retail sales, home improvement, and a shopping mall.
In 2011, 3700 Touhy Avenue was rezoned from M3 Industry to B2 Commercial. In
addition, there is a request pending to rezone 3600-3650 and 3710-3714 Touhy Avenue
(except 3700 Touhy Avenue) from M3 Industry to B2 Commercial.
The subject site can be used for manufacturing and wholesale trade uses. Other
properties in the Southeast Industrial District have redeveloped and modernized to
accommodate new industrial tenants; however, this is not a typical site in the Southeast
Industrial District, since the site has frontage along Touhy Avenue, where the
redevelopment trend along Touhy Avenue has been towards retail sales and service and
away from manufacturing and wholesale trade.
If the Plan Commission supports a change from a manufacturing/service employment
use to a retail/service employment use, the B2 Commercial district is the recommended
zoning category. The B1 Service Commercial district is too restrictive in terms of
permitted uses and bulk regulations. The B3 Business district would not be suited for
the site either, because of the potential for mixed-use developments including
residential uses.


STAFF RECOMMENDATIONS
Staff recommends that the petitioner’s request to amend the zoning map, changing the
zoning of the subject site from M3 Industry to B2 Commercial, be GRANTED, based on
the proposed positive findings of fact.


ATTACHMENTS
1. Proposed Positive Findings of Fact for 2012-11P
2. Land Use and Zoning Map by the Planning Division, titled “2012-11P”




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Proposed Positive Findings of Fact 2012-11P: Zoning Map Amendment
Community Development Department Council Chambers, 7:30 PM, April 5, 2012

 1 Consideration Existing use of property within the general area of the property in
 question.
 Findings The subject site consists of an existing building, which is primarily
 vacant, with the exception of a packaging materials manufacturer
 tenant. The surrounding uses consist of mixed manufacturing,
 school bus transportation, and shopping center uses. The uses in
 the general area should not be negatively impacted if the subject
 site and adjacent right-of-way are properly developed.


 2 Consideration The zoning classification of property within the general area of the
 property in question.
 Findings Skokie – Adjacent property north, east and west of the site is zoned
 M3 Industry. 3200-50 and 3700 Touhy Avenue are zoned B2
 Commercial. 3600-3650 and 3710-3714 Touhy Avenue (except 3700
 Touhy Avenue), 3649 Chase Avenue, and 7254 St. Louis Avenue are
 currently zoned M3 Industry, and all have a pending request to
 rezone to B2 Commercial.
 Lincolnwood – Adjacent property south of the site is zoned MB Light
 Manufacturing/Business and PUD Planned Unit Development.


 3 Consideration The suitability of the property in question to the uses permitted
 under the existing zoning classification
 Findings The site is suited for permitted uses in the M3 Industry district. If
 redeveloped properly, the site can accommodate permitted uses in
 the B2 Commercial district. Access easements need to be
 maintained and/or improved.




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 4 Consideration The trend of development, if any, in the general area on the
 property in question, including changes, if any, which have taken
 place since the day the property in question was placed in its present
 zoning classification.
 Findings The entire site was zoned M3 Industry in approximately 1956, after
 being zoned Light Industry for the southern 125 feet (approximately)
 of the property, and Heavy Industry for the balance of the property,
 from 1946-1956. Historic aerial photographs indicate that the
 subject site had storage tanks from 1951 to 1962, and was
 converted to a tennis facility in 1972. Most recently, a special use
 permit was obtained in 2004 for the establishment and operation of
 a motor vehicle sales and repair facility at the subject site. The
 business closed in 2009 or 2010. The trend in the surrounding area
 has been towards retail and service uses, such as the Lincolnwood
 Town Center, Lowe’s home improvement center, the shopping
 center located at 3200-50 Touhy Avenue, Wendy’s limited service
 restaurant, Citgo motor vehicle gas station, and the pending Touhy
 Marketplace request with Walmart as the anchor tenant. The
 proposed zoning map amendment will coincide with redevelopment
 trends along Touhy Avenue.




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PLAN COMMISSION REPORT 2012-12P: Site Plan Approval
Plan Commission Council Chambers, 8:00 PM, May 7, 2012


To: Mayor and Board of Trustees
From: Paul Luke, Plan Commission Chairperson
Case: 2012-12P: Site Plan Approval
 3448-3464 Touhy
 Related Cases – 2012-11P: Zoning Map Amendment
 2012-12P: Site Plan Approval
 2012-13P: Special Use Permit
 2012-14P: Parking Determination

PLAN COMMISSION ANALYSIS
During its April 5, 2012 meeting, the Plan Commission heard a request by Centerpoint
Properties Trust for a planned development site plan approval in a B2 Commercial
district. This planned development would permit up to 20% of the gross floor area of
the subject property to be used for those uses allowed in an M3 Industry district.
Relief from the Village Code is needed to allow XSport Fitness’s wall signage to
face both Touhy Avenue and the eastern parking lot and to allow 2 wall signs in
excess of 200 ft2 as approved by the Appearance Commission in case 2012-
011A.
The site will contain a slightly smaller modified building with a resulting area of
approximately 125,204 ft2. Of this, about 60,623 ft2 will become a 24-hour health and
fitness center (Case 2012-13P), 30,157 ft2 would remain space available to a restricted
list of both B2 and M3 uses, and the remainder of the building would be converted to
an indoor parking garage, used for utilities, or set aside for loading.
The revised site plan will have 400 vehicle parking spaces at the completion of the
parking lot renovation and 36 bicycle parking spaces. The Plan Commission determined
in 2012-14P that the parking requirement for the health and fitness center is 316
vehicle parking spaces and 32 bicycle parking spaces. The remainder of the parking
may be used to satisfy the parking requirements for other uses on site.
Since the Plan Commission meeting, the petitioner has addressed the concerns of the
Engineering and Planning Divisions, including significant improvements to traffic safety,
circulation, and parking lot design. A new driveway access has been added from the
main north-south drive east side of the site, and one Touhy Avenue driveway will be
closed. The southern driveway will be barricaded until IDOT approves the driveway
closure. It should be noted that some of the proposed parking spaces are currently on
an existing private access easement that the petitioner would like to adjust. Should the
petitioner fail to move this easement and the use of that easement for parking is
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challenged by its grantees, there would be a reduction in total vehicle parking,
potentially affecting future occupancy for the northern potion of the building.
The main purpose of this planned development in a B2 Commercial district is to allow
for the northern quarter of the building to continue to be used for purposes allowed in
the existing M3 Industry zoning, while transitioning the building to a greater number of
commercial uses, following the trend in development on Touhy Avenue. The Plan
Commission approved a mutually agreed upon set of rules and restrictions regarding
this portion of the building. The list of use restrictions are listed in the recommended
conditions for site plan approval and a full list of the allowable B2 and M3 uses are
attached to this report.
There will also be a dedication of the southern 7 feet of the property to IDOT in order
to both widen the Touhy Avenue right-of-way to 40 feet from centerline and place the
sidewalk on public property. The petitioner must also submit a request to the U.S. Post
Office that the site use Skokie, IL 60076 in all mailing addresses for this site.
The petitioner complied with every modification to the site and landscaping plan that
was requested by Staff at the Plan Commission hearing.


INTERESTED PARTIES
Legal notice was properly posted, advertised, and delivered as prescribed by the Zoning
Ordinance. No interested parties spoke at the meeting.

APPEARANCE COMMISSION
On March 14, 2012, the Appearance Commission reviewed building elevations and
signage for XSport Fitness (2012-011A). The requests were approved as submitted
with relief for the oversized and additional signs.


PLAN COMMISSION RECOMMENDATIONS AND VOTING
The Plan Commission recommends, by a vote of 9 ayes and 0 nays, that the petitioner’s
request for site plan approval for a planned development at 3448-3464 Touhy Avenue,
with an exception of use in accordance with §118-77(a), and with relief to be granted
from §82-28(b)(1)b. to allow XSport Fitness wall signage to face both Touhy Avenue
and the eastern parking lot and §82-28(b)(2) to allow 2 wall signs in excess of 200 ft2
as approved by the Appearance Commission in case 2012-011A, be APPROVED
subject to the attached Positive Findings of Fact and Recommended Site Plan Approval
Conditions listed below.




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ATTACHMENTS
1. Plan Commission Positive Findings of Fact for 2012-12P, dated May 7, 2012
2. Plan Commission Recommended Conditions for 2012-12P, dated May 7, 2012
3. Staff Report for 2012-12P, dated April 5, 2012
4. APPENDIX A of Chapter 118 of the Village Code for B2 and M3 districts as of April
 5, 2012 and as amended by the conditions of this report.
5. Plan Commission minutes for April 5, 2012 for 2012-12P
6. Proposed Site Plan, revised April 25, 2012
7. Proposed Landscape Plan, revised April 25, 2012
8. Land Use and Zoning Map




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PLAN COMMISSION
POSITIVE FINDINGS OF FACT 2012-12P: Site Plan Approval
Community Development Department Council Chambers, 7:30 PM, May 7, 2012


1 Consideration The site plan and any requested relief will not unduly aggravate
 traffic conditions or burden public services such as drainage
 facilities, public utilities, and those services pertaining to public
 health, public safety, and public welfare in general.
 Findings The site plan will not unduly aggravate traffic conditions if the
 recommended modifications are made to the adjacent roadways
 and intersections. On-site stormwater detention will provide the
 necessary drainage so that stormwater does not negatively impact
 neighboring properties. Other public utilities will not be unduly
 burdened by the development. The public health, safety, and
 public welfare in general will not be unduly burdened.
2 Consideration The site design will permit the development and use of neighboring
 properties in accordance with the applicable district regulations.
 Findings The site design will permit the development and use of neighboring
 properties in accordance with the applicable district regulations.
 The use exception as defined in the conditions is desirable and
 appropriate with respect to the primary purpose of the
 development. The uses permitted by the exception are not of a
 nature or so located as to exercise a detrimental influence on the
 surrounding neighborhood. Not more than 20% of the gross floor
 area of the development shall be devoted to the exception.




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PLAN COMMISSION
RECOMMENDED CONDITIONS 2012-12P: Site Plan Approval
Plan Commission Council Chambers, 8:00 PM, May 7, 2012


1. The petitioner shall develop the Subject Property in substantial conformance with
 the final Village approved site plan and landscape plan revised April 25, 2012, and
 sign plans approved by the Appearance Commission in case 2012-011A. (Standard)
2. An exception to use is hereby granted to allow no more than 25,040 ft2 of the
 northern portion of the building to be used for permitted or special uses allowed in
 an M3 Industry district. The following uses in Appendix A of Chapter 118 of the
 Village Code are prohibited in this planned development:
 a. funeral home residence
 b. automotive fuel station
 c. automotive repair facility
 d. parking, as a principal use
 e. construction material sales center
 f. dry-cleaning and laundry plant
 g. chemicals, plastics, and rubber products manufacturing
 h. nonmetallic mineral products manufacturing
 i. primary metal manufacturing
 j. any transportation services
 k. any utilities or utilities services use, except antennas
 l. any grade school
 m. any public safety use
 n. cremation services
 o. mortuary
 p. junk yard
3. Research and development services shall be considered a restricted use and shall be
 a permitted use, a special use, or a prohibited use based on the nature of the
 research and development use and its compatibility with the other uses allowed in
 the B2 district, as determined by the Village Manager or his designee. (Standard)
4. When a permitted, special, or restricted use is listed differently in both the B2 and
 M3 districts in Appendix A, the Zoning Administrator shall determine the
 classification of that use.

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5. The petitioner shall dedicate the southern 7 feet of its property to IDOT in order to
 both widen the Touhy Avenue right-of-way to 40 feet from centerline and place the
 sidewalk on public property.
6. The petitioner shall formally request to the U.S. Post Office that all users in the
 planned development use Skokie, IL 60076 in their mailing address. Any existing
 user has one year after the adoption of this ordinance to adopt this change.
7. A minimum of 32 bicycle parking spaces shall be installed near entrances to XSport
 Fitness. A minimum of [5% of the non-fitness center required spaces as shown on
 the revised site plan] shall be installed to serve the northern portion of the building
 as required in §118-221 and §118-222 of the Village Code.
8. No required parking space on the site may be for the exclusive use of any tenant.
 (Standard)

9. Parking lot and exterior lighting shall meet IES standards, be full cut-off design, and
 be directed away from adjacent properties, subject to the approval of the
 Engineering Division. (Standard)
10. All existing damaged public sidewalks or sidewalks damaged due to the
 implementation of this plan shall be replaced. (Standard)
11. All objects and landscaping within a 15-foot sight distance triangle shall not exceed
 30 inches in height, except traffic control devices listed in the Manual on Uniform
 Traffic Control Devices. (Standard)
12. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage,
 landscaping, structures, and any other facilities or infrastructure on the Subject
 Property shall be maintained in a good state of repair, and when needed, be
 repaired or replaced in a timely manner. (Standard)
13. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other
 objects that may impede travel. (Standard)
14. Trash shall only be allowed within a designated trash enclosure and shall be
 screened from public view in an enclosure. All trash shall be contained in such a
 way as to remain out of sight at all times. (Standard)
15. All off-street parking spaces shall be legibly striped and maintained. (Standard)
16. Any plan to modify parking lot striping must be approved by the Director of
 Engineering. (Standard)
17. Vehicles shall not be allowed to be parked in or otherwise block common driveways,
 sidewalks, aisles, or other points of access at any time, shall only be parked in
 designated parking spaces, and shall not overlap the striped lines of designated
 parking spaces. (Standard)
18. The owner of the Subject Property and its tenants shall ensure that employees park
 on the Subject Property. (Standard)
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19. The petitioner shall sign an "Agreement for Installation and Maintenance of
 Landscaping" to assure that the Subject Property and parkway landscaping is
 completed and maintained, including trimming, watering, and replacing of dead
 plant materials in a timely manner in accordance with the final approved landscape
 plan. A copy of said Agreement is attached hereto, marked Exhibit “A” and hereby
 made part of this Ordinance. This “Agreement for Installation and Maintenance of
 Landscaping" shall be recorded at the petitioner’s expense. (Standard)
20. All new construction, alterations, and remodeling shall meet current International
 Building and NFPA Life Safety Codes as amended. (Standard)
21. The petitioner shall obtain all required permits and approvals for improvements to
 County, State, or Federal rights-of-way from the governing jurisdiction. (Standard)
22. The Subject Property must conform to the Village's storm water control requirements
 as contained in the Skokie Village Code, including the disconnection of any
 downspouts. (Standard)
23. Except for those signs granted relief in this ordinance, all signage shall conform to
 the Skokie Village Code. Any sign on the Subject Property that is in violation of that
 Code must be removed or modified to conform with the Village Code prior to the
 issuance of an occupancy permit.
24. All modifications to building elevations, signage, and landscaping shall be subject to
 the review and approval of the Skokie Appearance Commission. (Standard)
25. The petitioner shall submit to the Planning Division electronic files of the plat of
 survey, site plan, and landscape plan in their approved and finalized form. The files
 shall be scaled 2 dimensional drawing files on non-compressed, non-read only CD-
 ROM .dwg AutoCAD format. (Standard)
26. Prior to the issuance of building permits, the petitioner shall submit to the Planning
 Division of the Community Development Department the name, address, and
 telephone number of the company and contact person responsible for site
 maintenance in compliance with the special use permit. (Standard)
27. If work is to be performed on public property or if public property is utilized or
 impacted during construction and/or development, the owner shall provide, or shall
 cause the developer and/or contractor to provide, the Village of Skokie with a
 certificate of insurance naming the Village of Skokie as additionally insured for any
 and all claims related to any and all work. The owner shall hold, and shall cause the
 developer and/or contractor to hold, the Village of Skokie harmless and indemnify
 the Village for any and all claims for property damage or personal injury related to
 work on or use of public property. (Standard)
28. The petitioner shall comply with all Federal and State statutes, laws, rules and
 regulations and all Village codes, ordinances, rules, and regulations. (Standard)
29. Failure to abide by any and all terms of this Ordinance shall be cause for the Village
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 to initiate hearings to determine whether the subject Ordinance, as well as any
 applicable business licenses, should be revised or revoked. The petitioner shall pay
 all costs related to any hearings conducted as a result of non-compliance with any of
 the provisions of the enabling ordinance. The costs shall include but not be limited
 to court reporter fees, attorney fees, and staff time required researching and
 conducting said hearing. (Standard)




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STAFF REPORT 2012-12P: Site Plan Approval
Community Development Department Council Chambers, 7:30 PM, April 5, 2012


To: Paul Luke, Plan Commission Chairperson
From: Steve Marciani, AICP, Planning Supervisor
Case: 2012-12P: Site Plan Approval
 3448-3464 Touhy
 Related Cases – 2012-11P: Zoning Map Amendment
 2012-12P: Site Plan Approval
 2012-13P: Special Use Permit
 2012-14P: Parking Determination

General Information
Location 3448-3464 Touhy Avenue
Purpose A request for a planned development in a B2 Commercial district to
 permit up to 20% of the gross floor area of the subject property to be
 used for those uses allowed in an M3 Industry district and any relief that
 may be discovered during the review of this case.
Petitioner Centerpoint Properties Trust
Size of Site 6.637 acres, with approximately 350 feet of frontage on Touhy Avenue
Existing Zoning & M3 Industry, with zoning map amendment request to B2 Commercial in
Land Use 2012-11P – warehouse type uses
Adjacent Zoning & North M3 Industry – mixed industrial uses, school bus transportation
Land Use company
 South MB Light Manufacturing/Business (Village of Lincolnwood) –
 mixed industrial uses
 PUD (Village of Lincolnwood) – Lincolnwood Town Center
 shopping mall
 East M3 Industry – abandoned railroad right-of-way, mixed
 industrial uses
 West M3 Industry (portion changing to B2 Commercial in 2012-4P)
 – mixed industrial uses, school bus transportation company,
 vacant land, proposed shopping center
Comprehensive The site is designated manufacturing/service employment.
Plan




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SITE INFORMATION
  A public sidewalk is located along Touhy Avenue.
  Overhead utilities run along a portion of the south side of the subject site along
 Touhy Avenue, and a portion of the west side of the subject site. Overhead
 utilities connect to the west side of the building.
  The site is served by the Pace 290 Touhy Avenue bus.
  The site has one existing building with a depressed loading dock on the west
 side of the building.
  No bicycle facilities are currently planned along the Touhy Avenue corridor east
 of St. Louis Avenue per the Village of Skokie Bicycle Facility Plan and the Village
 of Lincolnwood Bikeway Plan. Nearby east-west connections in the area will be a
 1/4-mile to the north on Howard Street and 3/8-mile to the south in the Village
 of Lincolnwood, south of the Lincolnwood Town Center, along the Northeast
 Parkway.


PETITIONER’S SUBMITTAL
Centerpoint Properties Trust is requesting a planned development in a B2 Commercial
district to permit up to 20% of the gross floor area of the subject property to be used
for those uses allowed in an M3 Industry district and any relief that may be discovered
during the review of this case. The site will contain a slightly smaller modified building
with a resulting area of approximately 124,000 ft2. Of this, about 61,200 ft2 will
become a 24-hour health and fitness center (Case 2012-13P), 31,236 ft2 would remain
space available to a restricted list of both B2 and M3 uses, and the remainder of the
building would be converted to an indoor parking garage.
A traffic impact analysis of the use was also submitted from KLOA.


STAFF ANALYSIS
Staff Comment and Review sheets were sent to all pertinent departments. Staff
comments on the subject case were only received from the Engineering, Forestry, and
Planning Divisions. All other departments returned the sheets with no comments.


Engineering Division
The Engineering Division had no objections to the proposed development; however, the
present site plan is not acceptable. Analyzing the parking, the Engineering Division
noted that the Plan Commission in the past determined that a 1 space per 200 sq. ft.
parking ratio was acceptable at Lifetime Fitness and several other health and fitness
centers. Applying this parking ratio the proposed 61,200 sq. ft. facility would require
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306 parking spaces. The KOLA study indicates that the recommended parking for the
facility is 316 spaces based on the estimated peak parking demand that was determined
by surveys at the Downers Grove XSport Fitness facility. Engineering recommends that
the parking requirement be 316 spaces. A total of 409 parking spaces are provided at
the site. The north industrial building on the site will be allotted the remaining 93
spaces. A parking determination will need to be conducted prior to the occupancy of
new tenants in the north building to determine that there is adequate parking.
Access to the site will continue to be provided from Touhy Avenue from two access
drives. However, it is noted that there are 3 access drives adjacent to each other along
Touhy Avenue, and the Engineering Division recommend closing the middle driveway
and allowing additional parking lot access from the main north-south driveway
easement. If the drives can not be combined, an eastbound left turn lane is required
into the parking lot. The traffic consultant must provide a design for this turn lane for
review by the Village and review and approval by IDOT. The site also has access from
two other north-south access drives. The plans must also depict proper access control
for these drives.
The Engineering Division also made numerous recommendations regarding the site plan
that are included in the staff recommendations.


Forestry Division
Forestry’s full list of recommendations and changes are attached to this report. They
include replacing one species of parking lot tree, notes about trees infested with
Emerald Ash Borer, tree protection, and removal fees.


Planning Division
The main purpose of this planned development in a B2 Commercial district is to allow
for the northern quarter of the building to continue to be used for purposes allowed in
the existing M3 Industry zoning, while transitioning the building to a greater number of
commercial uses, following the trend in development on Touhy Avenue. Staff
contended that there are some M3 uses that would not be compatible with many B2
uses. The petitioner developed a list of use restrictions to address Staff’s concerns,
which Staff accepts with four changes:
 1. Funeral home residences should also be prohibited, consistent with the general
 rule that people not live in industrial districts.
 2. Research and development services be a restricted use with a compatibly
 determination by Staff, rather than permitted by right. This change is due to the
 fact that some R & D activities may pose safety concerns.


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 3. Grade schools should also be prohibited. The site is not properly designed to
 accommodate large numbers of children, potentially without adult supervision.
 4. Transportation Services should be prohibited. Bus, taxi, freight, and related
 transportation services may place an undue burden on the on- and off-site traffic
 conditions.
The list of use restrictions are listed in the recommended conditions for site plan
approval. A full list of the resulting B2 and M3 uses are attached to this report.
Bicycle parking for the fitness center is 10% of the required off-street vehicle parking
spaces, or a minimum of 32 spaces for XSport Fitness, should the Plan Commission
accept the parking determination in case 2012-14P. Bike parking for the other uses on
the site could vary, but additional bike parking should be provided at least equal to 5%
of the other vehicle parking spaces provided on site. The location and dimensions shall
be consistent with the Village Code requirements.
Staff also requested a dedication of the south 7 feet of its property to IDOT in order to
both widen the Touhy Avenue right-of-way to 40 feet from centerline and place the
sidewalk on public property. Although in the long-term an additional 10 feet would be
needed for future roadway improvements, this dedication would bring the site into
closer compliance with the Subdivision chapter of the Village Code without
compromising existing vehicle parking.
The design of the western parking lot incorporates use of an easement area. The total
number of parking spaces provided will be affected if parking is not allowed per the
easement agreement, so the proposed site plan may be affected. Confirmation of
whether or not parking is allowed in the easement area must be provided.
For some reason, this site and the site to the north have Lincolnwood, IL 60712 in their
mailing address. This is very confusing to customers, public agencies, and delivery
services. Consistent with Village policy, the petitioner must submit a request to the
U.S. Post Office that the site use Skokie, IL 60076 in all mailing addresses for this site.
The owners of the shopping center with the Bally Total / LA Fitness 3 blocks east of the
site are currently in the process of changing their zip code from 60645 to 60076.


Relief
It was discovered during the review of this case that sign relief is needed. The
petitioner is indicating on the site plan an XSport Fitness wall sign on both the Touhy
side of building, which is permitted, but also the east side of the building facing the
parking lot, which is not. The Sign chapter allows only 1 wall per street frontage or a
wall sign facing a parking lot when there is no street frontage. The XSport Fitness logo
is also the prominent sign on the legally-sized ground sign on the site. In addition,
these wall signs are significantly larger than the maximum area of 200 ft2. According to
the measuring requirements of the Sign chapter, the southern wall sign is 693 ft2 and
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the eastern sign is 609 ft2. Even if “tight boxes” were drawn around the extents of
each piece of these signs, the areas would be 304 ft2 and 349 ft2 respectively.
It should be noted that the height limit in a B2 district is 30’ and that the existing
building is approximately 37’ (with an approved decorative parapet height of 39’-2”).
When the height limits were written, B2 districts were adjacent to residential districts,
so the allowable height increases (with a special use permit) are 35’ adjacent to and R1,
R2, and R3 district or 40’ adjacent to a R4 district. There does not seem to be another
method of increasing height when the site is adjacent to any other district except
through the ZBA. In this circumstance, the relief is not needed because the building is
pre-existing, but it would become legal non-conforming with the proposed zoning
change in case 2012-11P. Should relief be needed in the future, it could be granted by
the ZBA.


APPEARANCE COMMISSION
On March 14, 2012, the Appearance Commission reviewed building elevations and
signage for XSport Fitness (2012-011A). The requests were approved as submitted
with relief for the oversized and additional signs.


STAFF RECOMMENDATIONS
Staff recommends that the petitioner’s request for site plan approval for a planned
development at 3448-3464 Touhy Avenue, with an exception of use in accordance with
§118-77(a), and with relief to be granted from §82-28(b)(1)b. to allow XSport Fitness
wall signage to face both Touhy Avenue and the eastern parking lot and §82-28(b)(2)
to allow 2 wall signs in excess of 200 ft2 as approved by the Appearance Commission in
case 2012-011A, be APPROVED subject to the attached Positive Findings of Fact and
Recommended Site Plan Approval Conditions listed below.


RECOMMENDED SITE PLAN APPROVAL CONDITIONS
1. Prior to the hearing before the Board of Trustees, the petitioner will submit to the
 Planning Division:
 a. Modifications to the site and landscaping plans:
 i. Addressing the concerns of the Village Forester in the memo dated March 14,
 2012.
 ii. Add 32 bicycle parking spaces near entrances to XSport Fitness, inside and
 outside, and additional required bicycle parking spaces with the locations to
 be approved by the Community Development Director.
 iii. Remove the landscape from the site plan. Match the base plan on the site
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 and landscaping plans.
 b. $1,200 for relief from the Sign chapter discovered during the review of this case.
2. Prior to the hearing before the Board of Trustees, the petitioner will submit to the
 Engineering Division a revised site plan addressing the following:
 a. Stormwater detention for the proposed parking improvement on the west side of
 the redevelopment, which can be located in the parking lot (above pavement)
 similar to the front (south) parking lot that was designed in 2005. (The 2005
 plan is available in Engineering.)
 b. Use the existing 12" sewer running along the west property line to correct the
 restricted stormwater discharge.
 c. Provide a Metropolitan Water Reclamation District (MWRD) permit for sewer
 work.
 d. Provide a 40’ right-of-way dedication from the center of Touhy Avenue, resulting
 in the east-west public sidewalk being located on public property.
 e. Either close the access to the parking lot from Touhy just west of the main
 north-south access road and allow additional parking lot access from the main
 north-south driveway easement or provide an eastbound left-turn lane from
 Touhy Avenue into the parking lot driveway.
 f. To eliminate potential traffic conflicts, modify the southeast parking lot area to a
 one-way, counterclockwise circulation pattern in front of the main XSport Fitness
 building entrance, with angled parking spaces. Please note that all 90-degree
 parking spaces must have two-way circulation; if one-way circulation is desired,
 the parking spaces must be angled. The parking area to the west of the building
 and the new indoor parking spaces need to be modified as well.
 g. If the main two-way driveway remains, the width is adequate but the curb radii
 need to be increased to 20’.
 h. When a parking space is adjacent to a wall, the width must be 10’.
 i. Widen the proposed northern access drive aisle width to 24’. Modify the curb as
 needed.
 j. Confirm that the design of the western parking lot can include parking in the
 easement area. The total number of parking spaces provided might need to be
 reduced if parking is not allowed.
 k. Note all curb locations. Indicate the required perimeter curb for the west
 parking lot, define all new curbing (from existing curbing), and locate any
 concrete wheel stops on the site plan.
 l. The appropriate number of handicapped parking spaces for the final total
 number of parking spaces provided.
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 m. Appropriate regulatory signage (i.e. stop signs, one-way signs, etc.)
 n. Pavement markings (i.e. directional arrows, stop bars, lane lines, etc.)
 o. Exterior parking lot and driveway illumination.
 p. The new ground sign must be located outside of the 15’ site distance triangle per
 Section 118-212(2).
3. The petitioner shall develop the Subject Property in substantial conformance with
 the final Village approved site plans dated XXX, landscape plans dated XXX, sign
 plans dated XXX, and building elevations dated XXX. [dates to be added] (Standard)
4. An exception to use is hereby granted to allow no more than [to be filled in after
 confirming with the petitioner 20% of gross floor area after building modifications]
 ft2 of the northern portion of the building to be used for permitted or special uses
 allowed in an M3 Industry district. The following uses in Appendix A of Chapter 118
 of the Village Code are prohibited in this planned development:
 a. funeral home residence
 b. automotive fuel station
 c. automotive repair facility
 d. parking, as a principal use
 e. construction material sales center
 f. dry-cleaning and laundry plant
 g. chemicals, plastics, and rubber products manufacturing
 h. nonmetallic mineral products manufacturing
 i. primary metal manufacturing
 j. any transportation services
 k. any utilities or utilities services use, except antennas
 l. any grade school
 m. any public safety use
 n. cremation services
 o. mortuary
 p. junk yard
5. Research and development services shall be considered a restricted use and shall be
 a permitted use, a special use, or a prohibited use based on the nature of the
 research and development use and its compatibility with the other uses allowed in
 the B2 district, as determined by the Village Manager or his designee. (Standard)

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6. When a permitted, special, or restricted use is listed differently in both the B2 and
 M3 districts in Appendix A, the Zoning Administrator shall determine the
 classification of that use.
7. The petitioner shall dedicate the south 7 feet of its property to IDOT in order to both
 widen the Touhy Avenue right-of-way to 40 feet from centerline and place the
 sidewalk on public property.
8. The petitioner shall formally request to the U.S. Post Office that all users in the
 planned development use Skokie, IL 60076 in their mailing address. Any existing
 user has one year after the adoption of this ordinance to adopt this change.
9. A minimum of 32 bicycle parking spaces shall be installed near entrances to XSport
 Fitness. A minimum of [5% of the non-fitness center required spaces as shown on
 the revised site plan] shall be installed to serve the northern portion of the building
 as required in §118-221 and §118-222 of the Village Code.
10. No required parking space on the site may be for the exclusive use of any tenant.
 (Standard)

11. Parking lot and exterior lighting shall meet IES standards, be full cut-off design, and
 be directed away from adjacent properties, subject to the approval of the
 Engineering Division. (Standard)
12. All existing damaged public sidewalks or sidewalks damaged due to the
 implementation of this plan shall be replaced. (Standard)
13. All objects and landscaping within a 15-foot sight distance triangle shall not exceed
 30 inches in height, except traffic control devices listed in the Manual on Uniform
 Traffic Control Devices. (Standard)
14. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage,
 landscaping, structures, and any other facilities or infrastructure on the Subject
 Property shall be maintained in a good state of repair, and when needed, be
 repaired or replaced in a timely manner. (Standard)
15. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other
 objects that may impede travel. (Standard)
16. Trash shall only be allowed within a designated trash enclosure and shall be
 screened from public view in an enclosure. All trash shall be contained in such a
 way as to remain out of sight at all times. (Standard)
17. All off-street parking spaces shall be legibly striped and maintained. (Standard)
18. Any plan to modify parking lot striping must be approved by the Director of
 Engineering. (Standard)
19. Vehicles shall not be allowed to be parked in or otherwise block common driveways,
 sidewalks, aisles, or other points of access at any time, shall only be parked in
 designated parking spaces, and shall not overlap the striped lines of designated
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 parking spaces. (Standard)
20. The owner of the Subject Property and its tenants shall ensure that employees park
 on the Subject Property. (Standard)
21. The petitioner shall sign an "Agreement for Installation and Maintenance of
 Landscaping" to assure that the Subject Property and parkway landscaping is
 completed and maintained, including trimming, watering, and replacing of dead
 plant materials in a timely manner in accordance with the final approved landscape
 plan. A copy of said Agreement is attached hereto, marked Exhibit “A” and hereby
 made part of this Ordinance. This “Agreement for Installation and Maintenance of
 Landscaping" shall be recorded at the petitioner’s expense. (Standard)
22. All new construction, alterations, and remodeling shall meet current International
 Building and NFPA Life Safety Codes as amended. (Standard)
23. The petitioner shall obtain all required permits and approvals for improvements to
 County, State, or Federal rights-of-way from the governing jurisdiction. (Standard)
24. The Subject Property must conform to the Village's storm water control requirements
 as contained in the Skokie Village Code, including the disconnection of any
 downspouts. (Standard)
25. Except for those signs granted relief in this ordinance, all signage shall conform to
 the Skokie Village Code. Any sign on the Subject Property that is in violation of that
 Code must be removed or modified to conform with the Village Code prior to the
 issuance of an occupancy permit.
26. All modifications to building elevations, signage, and landscaping shall be subject to
 the review and approval of the Skokie Appearance Commission. (Standard)
27. The petitioner shall submit to the Planning Division electronic files of the plat of
 survey, site plan, and landscape plan in their approved and finalized form. The files
 shall be scaled 2 dimensional drawing files on non-compressed, non-read only CD-
 ROM .dwg AutoCAD format. (Standard)
28. Prior to the issuance of building permits, the petitioner shall submit to the Planning
 Division of the Community Development Department the name, address, and
 telephone number of the company and contact person responsible for site
 maintenance in compliance with the special use permit. (Standard)
29. If work is to be performed on public property or if public property is utilized or
 impacted during construction and/or development, the owner shall provide, or shall
 cause the developer and/or contractor to provide, the Village of Skokie with a
 certificate of insurance naming the Village of Skokie as additionally insured for any
 and all claims related to any and all work. The owner shall hold, and shall cause the
 developer and/or contractor to hold, the Village of Skokie harmless and indemnify
 the Village for any and all claims for property damage or personal injury related to
 work on or use of public property. (Standard)
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30. The petitioner shall comply with all Federal and State statutes, laws, rules and
 regulations and all Village codes, ordinances, rules, and regulations. (Standard)
31. Failure to abide by any and all terms of this Ordinance shall be cause for the Village
 to initiate hearings to determine whether the subject Ordinance, as well as any
 applicable business licenses, should be revised or revoked. The petitioner shall pay
 all costs related to any hearings conducted as a result of non-compliance with any of
 the provisions of the enabling ordinance. The costs shall include but not be limited
 to court reporter fees, attorney fees, and staff time required researching and
 conducting said hearing. (Standard)




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APPENDIX A of Chapter 118 of the Village Code for B2 and M3 districts as of April
5, 2012 and as amended by the conditions of this report.

P: Permitted Use S: Special Use R: Restricted in the district regulations or referenced section

 USE B2 M3
 RESIDENCE OR ACCOMMODATION
 Housing Services of the Elderly or Disabled
 Assisted-living facility, subject to § 118-89 S
 Skilled nursing facility S
 Hotels and Other Accommodation Services
 Hotel S
 GENERAL SALES OR SERVICES
 Retail Sales or Service
 Automobile sales or service establishment, subject to § 118-82:
 Car dealer and marine craft dealer P
 Large vehicle dealer S
 Motorbike, ATV, and other similar vehicle dealer P P
 Motor vehicle parts and accessories store P
 Hand car wash S S
 Car wash S
 Heavy consumer goods sales or service:
 Department store, warehouse club, or superstore P
 Electronics and appliances repair or service P P
 Electronics and appliances sales P
 Furniture or home furnishings P P
 Hardware stores and locksmith shops P
 Heating and plumbing equipment P
 Lawn and garden supplies P
 Paint and wallpaper store P
 Durable consumer goods sales and service:
 Book, magazine, music, or stationery store P
 Camera and photographic supplies store P
 Clothing, jewelry, luggage, shoes, etc. store P
 Computer and software store P
 Sporting goods, toy and hobby, or musical instruments store P
 Other consumer goods:
 Antique and thrift shops P
 Art dealers, supplies, sales, and service P
 Auction house S
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 USE B2 M3
 Collector's items shops P
 Florist P
 Mail order or direct selling establishment P P
 Monument dealers S P
 Tobacco or tobacconist establishment P
 Food establishments, subject to § 118-85:
 Beer, wine, and liquor store (package only) S
 Convenience store P
 Fruit and vegetable store P
 Grocery store, supermarket, or bakery P
 Specialty food store P
 Health and personal care:
 Pharmacy or drug store P
 Cosmetic and beauty supplies store P
 Optical store P
 Other medical supplies store P
 Finance and Insurance
 Bank, credit union, or other savings institution, including currency exchanges P S
 Financial institutions, except banks, credit unions, other savings institutions, or loan P P
 offices
 Loan offices P
 Real Estate and Leasing
 Real estate services P
 Property management services:
 Commercial property management P
 Rental housing management P
 Rental and leasing:
 Automobile rental, subject to § 118-82 S
 Recreational goods rental P
 Leasing of commercial or industrial machinery or equipment P
 Consumer goods rental P P
 Video, music, software, and other intellectual property rental P
 Business, Professional, Scientific, and Technical Services
 Professional services:
 Accounting, tax bookkeeping, and payroll services P P
 Advertising, media, and photography services P P
 Architectural, engineering, and related services P P


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 USE B2 M3
 Consulting services (management, environmental, etc.) P P
 Graphic, industrial, interior design services P P
 Legal services P P
 Research and development services (scientific, etc.)–including limited research- P
 related production
 Veterinary services S
 Administrative services:
 Office and administrative services P P
 Facilities support services P P
 Employment agency P
 Business support services P P
 Electronic answering services, collections, or telemarketing P P
 Travel arrangement and reservation services P
 Investigation and security services P P
 Services to buildings and dwellings:
 Carpet and upholstery cleaning P P
 Extermination and pest control P P
 Janitorial services P P
 Landscaping services P P
 Packing, crating, and convention trade show services P P
 Other services to buildings and dwellings P P
 Food Services, subject to § 118-85
 Bar or drinking place S
 Caterer P P
 Restaurant, carryout P
 Restaurant, full service P
 Restaurant, limited service—without drive-through (except carryout restaurants) P
 Restaurant, limited service—with drive-through (except carryout restaurants) S
 Personal Services
 Barbershops, beauty parlors, or similar personal service shops P
 Dry cleaning and laundry establishment P
 Laundromat P
 Massage therapy P
 Pet and Animal Sales and Services
 Pet sales S
 Pet services (except kennels) S
 Pet services (except kennels)–dog day care only S


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 USE B2 M3
 Pet supplies sales P
 Taxidermist P
 Other Retail
 Limited retail uses, subject to § 118-171(1)f. S
 MANUFACTURING AND WHOLESALE TRADE
 Food, Textiles, and Related Products
 Food and beverages P
 Textiles R P
 Leather and allied products, except tanning and curing P
 Wood, Paper, and Printing Products
 Wood products establishment, except furniture, veneers, plywood, paper, pulp or P
 paperboard products, and other laminated wood products
 Printing materials P
 Furniture and related products P
 Chemicals, and Metals, Machinery, and Electronics Manufacturing
 Machinery manufacturing P
 Electrical equipment, appliance, and component manufacturing P
 Transportation equipment P
 Miscellaneous Manufacturing
 Jewelry and silverware R P
 Dolls, toys, games, and musical instruments P
 Office supplies, inks, etc., except paper P
 Signs P P
 Dental laboratories P P
 Miscellaneous manufacturing, not otherwise listed R
 Wholesale Trade Establishment
 Wholesale trade establishments P
 Warehouse and Storage Services
 Storage, self-service S
 Warehouse, conventional P
 TRANSPORTATION, COMMUNICATION, INFORMATION, AND UTILITIES
 Communications and Information
 Publishing:
 Newspaper, books, periodicals, etc., except printing P P
 Software publishing P P
 Motion pictures and sound recording:
 Motion picture and video production, publishing, and distribution establishments P

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 USE B2 M3
 Motion picture viewing and exhibition services (includes movie theaters) S
 Sound recording, production, publishing, and distribution establishments P
 Information services and data processing industries:
 Computer services establishments P
 Libraries and archives P
 Newspaper syndicate P
 Online information services P P
 Utilities and Utility Services
 Antennas, non-public utility or non-government P
 Antennas, public utility or government S P
 ARTS, ENTERTAINMENT, AND RECREATION
 Bowling, billiards, pool halls, etc. S
 Park P P
 Public recreation facility P S
 Recreation facility: dance halls, racquetball, handball, and tennis courts S
 Skating rinks, roller rinks, etc. S
 Theater, dance, or music establishment S
 EDUCATION, PUBLIC ADMINISTRATION, HEALTH CARE, & OTHER INSTITUTIONS
 Educational Services
 Colleges and universities P
 Technical and trade:
 Driving education S
 Fine and performing arts education P
 Sports and recreation education P
 Other technical, trade, and specialty school P S
 Public Administration
 Legislative and executive functions P P
 Health and Human Services
 Ambulatory or outpatient care:
 Clinics and outpatient care centers P
 Medical and diagnostic laboratories P P
 Blood and organ banks P
 Home hospice and home health care agencies P P
 Hospital
 Social assistance, welfare, and charitable services:
 Child and youth services P
 Child day care in a residence, subject to § 118-86 R

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 USE B2 M3
 Child day care not a in residence, subject to § 118-86 S S
 Community food services P
 Services to the elderly and disabled, except primarily office uses S
 Services to the elderly and disabled, primarily office uses P
 Religious Institutions
 Religious assembly S
 Death Care Services
 Funeral homes and services S
 Associations, Non-Profit Organizations, etc.
 Business associations and professional membership organizations P P
 Civic, social, and fraternal organizations S
 Labor and political organizations P
 CONSTRUCTION-RELATED BUSINESSES
 Building, developing, and general contracting (office uses only)
 Industrial, commercial, and institutional building construction P P
 Land development and subdivision P P
 Residential construction P P
 Other construction related businesses
 Heavy construction business P P
 Machinery related contractor P
 Special trades contractors P P
 HYBRID AND OTHER USES
 Drive-through facilities, except restaurant uses as listed in this table and those uses that S
 specifically prohibit such facilities
 Office, not otherwise listed P P
 Planned development, with site plan approval subject to § 118-77 P P
 Public assembly uses, not otherwise listed:
 Convention and exhibition halls S
 Meeting halls S
 Retail planned development, subject to § 118-171(1)g. S




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 Plan Commission Meeting Minutes
 Date: April 5, 2012

A motion to approve the minutes of the March 15, 2012 meeting was made by Plan
Commissioner Mitchell and seconded by Commissioner Laxpati. All voted aye.

Case Description

2012-12P – Planned Development: 3448-3464 Touhy Avenue
Centerpoint Properties Trust requests a planned development in a B2 Commercial district
to permit up to 20% of the gross floor area of the subject property to be used for those
uses allowed in an M3 Industry and any relief that may be discovered during the review
of this case.

Discussion and Interested Parties

Legal Notice was properly posted, advertised, and delivered to all property owners in the
area of the subject site as prescribed by the Zoning Chapter.

Mr. Lawrence Freedman, attorney from Ash, Anos, Freedman and Logan represented
Capital Fitness, the owners of the property. Also in attendance was Joe Whiteside from
the BIG ROCK Group, Steve Neil of NWS Architects, Inc., traffic planner Michael
Werthmann from KLOA, civil engineer Bernie Bono from Bono Consulting, and Van
Neie from Developing Landscapes, Inc.

Staff provided an overview of the case. The approximately 124,000 ft2 building will
consist of a 61,200 ft2 health & fitness center, 31,236 ft2 to remain space available to a
restricted list of B2 and M3 uses and what’s left will be turned into an indoor parking
garage. The building is in transition to allow additional commercial uses while the
existing industrial tenants will remain.

The Appearance Commission reviewed the building elevations and signage at the March
14th meeting. They approved the requests as submitted with relief for oversized as well
as additional signs.

The Engineering Division, in their written comments, had no objection to the proposed
development. However, the site plan presented is not acceptable. They have concerns
regarding on site circulation and traffic control, bicycle parking, and off site traffic
control. They made several proposals that are included in the staff recommendations.

For unknown reasons, this site and the one to the north use Lincolnwood, IL 60712 in
their mailing address. A change needs to be made for consistency with Village policy.
The petitioner should make a request to the U.S. Post Office to use Skokie, IL 60076.

The Forester, in written comments, noted that the trees infested with Emerald Ash Borer
be replaced and suggested different tree species for the parking lot. Mr. Neie has no
problem working with staff on the changes called for.
401325 Plan Commission meeting minutes 4/5/2012 Case 2012-12P
The petitioners reviewed the staff reports but due to the lateness of the Engineering
report, they were not able to address the comments made. They are confident that
everything will be tweaked and worked out before the Village Board meeting.

A Plan Commissioner asked how long it would take for Planning staff, Engineering staff
and the petitioners to work things out. Staff assured the commission that it was very
resolvable.

One Plan Commissioner asked if the health and fitness center were to expand, would the
manufacturing tenants be phased out. The petitioner stated there would be no plans to
expand and 20% of the building will remain M3.


Recommendation and Voting

The Plan Commission moved to recommend approval of this case based on positive
findings of fact. This motion was approved with a vote of 9 ayes and 0 nays.


Motion: Berman Second: Marek

Ayes: 9
Nays: 0




401325 Plan Commission meeting minutes 4/5/2012 Case 2012-12P
 NWS ARCHITECTS, INC.
 architecture + interiors + design




 230 WEST MONROE STREET SUITE 210 CHICAGO ILLINOIS 60606
 T 312 332 2062 | www.nwsarchitects.com | F 312 332 9894



 STRUCTURAL CONSULTANT
 K2NCREST
 1010 JORIE BLVD., SUITE 320
 OAK BROOK, ILLINOIS 60523
 PH: 630-990-9595

 MPE CONSULTANT
 TRUSTED ENGINEERING
 4090 HODGES BLVD., SUITE 1107
 JACKSONVILLE, FLORIDA 32224
 TEL: (630) 670-7810

 CIVIL CONSULTANT
 BONO CONSULTING CIVIL ENGINEERS
 1018 BUSSE HIGHWAY
 PARK RIDGE, IL 60068
 (847) 823-3300

 POOL CONSULTANT
 INNOVATIVE AQUATIC DESIGN, LLC.
 2675 PRATUM AVE.
 HOFFMAN ESTATES, ILLINOIS 60192
 TEL: (224) 293-6460




 FITNESS
 TENANT BUILD-OUT



 3450 TOUHY AVE.
 SKOKIE, ILLINOIS




 EXISTING MULTI-TENANT
 BUILDING




 PROPOSED XSPORT FITNESS
 CLUB




 ISSUE FOR




 NO. DESCRIPTION DATE




 SHEET TITLE




 NORTH
 PROPOSED SITE PLAN
1 SCALE: 1" = 30'-0"
 SHEET NO.




 A-001
 NWS JOB NO.
PLAN COMMISSION REPORT 2012-13P: Special Use Permit
 2012-14P: Parking Determination
Plan Commission Council Chambers, 8:00 PM, May 7, 2012


To: Mayor and Board of Trustees
From: Paul Luke, Plan Commission Chairperson
Cases: 2012-13P: Special Use Permit
 2012-14P: Parking Determination
 3450 Touhy Avenue (health and fitness center)
 XSport Fitness
 Related Cases: 2012-11P: Zoning Map Amendment (from M3 to B2)
 2012-12P: Planned Development
 2012-13P: SUP: Health and Fitness Center
 2012-14P: Parking Determination: Health and Fitness Center

PLAN COMMISSION ANALYSIS

During its April 5, 2012, meeting, the Plan Commission heard a request from Capital
Fitness – Skokie, LLC, to lease a portion of the subject property and develop and
operate a 24-hour, 7 days a week, 365 days a year, XSport Fitness health and fitness
center.
The facility will be approximately 92,000 square feet in area with approximately 61,200
square feet encompassing the health club, which will have a lap pool with separate
locker rooms for men and women, showers, saunas, and steam rooms. The club may
also include: a climbing wall; juice bar; the sale of health food snacks, supplies, and
other nutritional supplements and vitamins; personal training and other fitness services;
tanning salon and spa (including hair, nails, and therapeutic massage); volleyball and
basketball courts; dance, aerobics, and other fitness-related classes; physical
rehabilitation and similar services; the sale of sports apparel, accessories, and
equipment; and ancillary offices. The interior space will be built out in two phases.
The remaining 32,000 square feet being leased by XSport Fitness will be improved with
84 indoor parking spaces [plus 2 handicapped spaces] serving the XSport facility.
The existing multi-tenant office/industrial tenants in the north portion of the building
will be limited to the amount of remaining on-site parking beyond the required 316
health and fitness center parking spaces.
The Village of Skokie Comprehensive Plan has identified this area as a
manufacturing/service employment use; however, this area of Touhy Avenue is evolving
into a retail/service employment corridor in both Lincolnwood and Skokie.
The health and fitness center will be a benefit to the area, provide workout facilities in
an area of Touhy Avenue that is evolving as a retail/service corridor, and will not
conflict with any other special uses in the area. Although the use does not conform to



VOSDOCS-#401785-v1-Master_Plan_Commission_Report_for_2012-13P_and_2012-14P_-
_Special_Use_Permit_for_a_Health_and_Fitness_Center_with_a_Parking_D.DOC 1
the general intent of the Comprehensive Plan, it complements newer and several non-
manufacturing uses in the area.
Off-street parking requirements for health and fitness centers are determined by the
Plan Commission, and since a special use permit is a part of the request, the item needs
to be included in the special use permit request to the Village Board. A traffic impact
analysis of the facility was submitted from Kenig, Lindgren, O’Hara, Aboona, Inc.
(KLOA) indicating that adequate parking will be provided on-site.
Bicycle parking is planned for 32 bicycles, which meets the requirement of 10% of the
motor vehicle parking requirements for commercial recreational uses.
The Plan Commission supports the granting of a special use permit for the operation of
a health and fitness center at 3450 Touhy Avenue, and has determined that 316
parking spaces must be provided for the health and fitness center operations.

INTERESTED PARTIES
Legal notice was properly posted, advertised, and delivered as prescribed by the Zoning
Ordinance. One Plan Commissioner asked about the number of employees during peak
hours. There will be 35 employees on hand during 5:00-7:00 p.m.

PLAN COMMISSION RECOMMENDATIONS AND VOTING
Staff recommends that the petitioner’s request for a special use permit for a health and
fitness center at 3450 Touhy Avenue be APPROVED, based upon the Plan Commission
Positive Findings of Fact and subject to the recommended and standard special use
permit conditions. The Plan Commission further recommends that the off-street motor
vehicle parking requirement for XSport Fitness be 316 parking spaces, and at least 32
bicycle parking spaces be located and designed in compliance with §118-221 of the
Skokie Village Code for said use. This parking determination only applies to XSport,
Inc. and is not transferable to another health and fitness center business.


ATTACHMENTS
1. Plan Commission Positive Findings of Fact for 2012-13P and 2012-14P, dated
 May 7, 2012
2. Plan Commission Recommended Conditions for 2012-13P and 2012-14P, dated
 May 7, 2012
3. Plan Commission Meeting Minutes for 2012-13P, dated April 5, 2012
4. Plan Commission Meeting Minutes for 2012-14P, dated April 5, 2012
5. Site Plan, dated April 25, 2012
6. Phase 1 and Phase 2 Floor Plan dated April 24, 2012
7. Staff Report for 2012-13P, dated April 5, 2012
8. Staff Report for 2012-14P, dated April 5, 2012




VOSDOCS-#401785-v1-Master_Plan_Commission_Report_for_2012-13P_and_2012-14P_-
_Special_Use_Permit_for_a_Health_and_Fitness_Center_with_a_.DOC 2
Plan Commission 2012-13P: Special Use Permit
Positive Findings of Fact 2012-14P: Parking Determination
Community Development Department Council Chambers, 8:00 PM, May 7, 2012


1 Consideration The establishment, maintenance, or operation of the special use will
 not be detrimental to or endanger the pubic health, safety, morals,
 or general welfare; and the proposed building or use at the
 particular location is necessary or desirable to provide a service or a
 facility which is in the public interest and will contribute to the
 general welfare of the neighborhood or community.

 Findings A health and fitness center will not endanger the public health,
 safety, morals, or general welfare. The building, site plan, and use
 will contribute to the community by providing workout facilities in
 an area that is evolving as a shopping and employment district.



2 Consideration The proposed building or use will not substantially change the
 character of the neighborhood, will not have an undue adverse
 affect upon adjacent property or property values in the
 neighborhood, will not unduly aggravate traffic conditions, and will
 not unduly burden essential public services such as drainage
 facilities, public utilities, and those services pertaining to public
 health, safety, and welfare in general.

 Findings The proposed health and fitness center will not substantially change
 the character of the neighborhood, since it is located along a
 commercial corridor. Improvements to the building and site will
 improve the aesthetics and functionality of the property. The
 proposed development will not have an adverse affect upon
 adjacent property or property values in the neighborhood. When
 traffic control approval is received from the Engineering Division
 and the Illinois Department of Transportation, the impact of this
 development on overall Touhy Avenue traffic will be minor.




VOSDOCS-#401785-v1-Master_Plan_Commission_Report_for_2012-13P_and_2012-14P_-
_Special_Use_Permit_for_a_Health_and_Fitness_Center_with_a_Parking_D.DOC 3
3 Consideration The proposed building(s) or use will be designed, arranged, and
 operated so as to permit the development and use of neighboring
 property in accordance with the applicable district regulations.

 Findings The proposed health and fitness center has been designed to
 accommodate the adjacent properties, including being mindful of
 existing easements.



4 Consideration The proposed use will not alter or be contrary to the primary
 purpose of the zoning district of the area in which it is proposed,
 when its effect is considered in conjunction with the cumulative
 effect of the number of various special uses of all types already in
 the adjacent area and in the Village as a whole.
 Findings The B2 Commercial district is established to accommodate the
 needs of a larger consumer population than that serviced by B1
 Service Commercial district, and whose service area may extend
 outside the immediate neighborhood of the facility. The
 surrounding neighborhood is, and is expected to expand to, a mix
 of manufacturing/service employment and retail/service
 employment uses. Existing special use permit 213 (“Industrial
 Planned Development for a Building Expansion Program”) for 7450
 McCormick Boulevard, and pending special use permit requests
 along Touhy Avenue, are compatible with the proposed use. A
 health and fitness center can service both the neighborhood and
 the community at-large.



5 Consideration The proposed use and its plan conform to the general intent of the
 Official Comprehensive Plan.
 Findings The site is designated as manufacturing/service employment in the
 Comprehensive Plan. Although the proposed use does not conform
 to the general intent of the Comprehensive Plan, a determination
 has been made that the site is better suited for a commercial use,
 (with limited manufacturing/service employment at the north end of
 the building), and a change from M3 Industry to B2 Commercial is
 recommended in Case 2012-11P.




VOSDOCS-#401785-v1-Master_Plan_Commission_Report_for_2012-13P_and_2012-14P_-
_Special_Use_Permit_for_a_Health_and_Fitness_Center_with_a_Parking_D.DOC 4
Plan Commission 2012-13P: Special Use Permit
Recommended Conditions 2012-14P: Parking Determination
Plan Commission Council Chambers, 8:00 PM, May 7, 2012



RECOMMENDED SPECIAL USE CONDITIONS
In addition to the recommended and standard special use permit conditions for cases
2012-11P through 2012-14P, the following shall apply:
1. Repeal Special Use Permit No. 359: “To Establish and Operate a Motor Vehicle Sales
 and Repair Facility at 3448 Touhy”.
2. All signage shall conform to the Skokie Village Code, or per any relief granted in
 case 2012-12P. Any sign on the Subject Property that is in violation of that Code
 must be removed or modified to conform with the Village Code prior to the issuance
 of an occupancy permit. (Standard)

STANDARD SPECIAL USE PERMIT CONDITIONS
Site and Use
3. The petitioner shall develop the Subject Property in substantial conformance with
 the final Village approved site plan dated April 20, 2012; the Phase 1 and Phase 2
 floor plan dated April 24, 2012; and building elevations and sign plans dated
 February 2, 2012. (Standard)
4. The proposed development shall have a maximum gross floor area of approximately
 92,000 ft2, including approximately 61,200 ft2 for the health and fitness center, but
 not including the northern non-XSport Fitness tenant spaces. (Standard)
5. Parking lot and exterior lighting shall meet IES standards, be full cut-off design, and
 be directed away from adjacent properties, subject to the approval of the
 Engineering Division. (Standard)
6. All existing damaged public sidewalks or sidewalks damaged due to the
 implementation of this plan shall be replaced. (Standard)
7. All objects and landscaping within a 15-foot sight distance triangle shall not exceed
 30 inches in height, except traffic control devices listed in the Manual on Uniform
 Traffic Control Devices. (Standard)


Maintenance
8. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage,
 landscaping, structures, and any other facilities or infrastructure on the Subject
 Property shall be maintained in a good state of repair, and when needed, be
 repaired or replaced in a timely manner. (Standard)
9. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other


VOSDOCS-#401785-v1-Master_Plan_Commission_Report_for_2012-13P_and_2012-14P_-
_Special_Use_Permit_for_a_Health_and_Fitness_Center_with_a_Parking_D.DOC 5
 objects that may impede travel. (Standard)
10. Trash shall only be allowed within a designated trash enclosure and shall be
 screened from public view in an enclosure. All trash shall be contained in such a
 way as to remain out of sight at all times, except for waste receptacles referenced in
 Condition Number 12 below. (Standard)
11. Waste receptacles shall be placed on the Subject Property for the use of customers,
 and that the Health Department shall determine the size, type, and location of these
 units. (Standard)


Parking
12. All off-street parking spaces shall be legibly striped and maintained. (Standard)
13. Any plan to modify parking lot striping must be approved by the Director of
 Engineering. (Standard)
14. The proposed development shall have a minimum of 316 off-street parking spaces
 for the health and fitness center, including handicapped parking spaces, as indicated
 on the Subject Property plan dated April 20, 2012. (Standard)
15. The handicapped parking spaces shall be installed and maintained in compliance with
 State of Illinois Accessibility Standards and the Skokie Village Code. (Standard)
16. Vehicles shall not be allowed to be parked in or otherwise block common driveways,
 sidewalks, aisles, or other points of access at any time, shall only be parked in
 designated parking spaces, and shall not overlap the striped lines of designated
 parking spaces. (Standard)
17. The owner of the Subject Property [and its tenants] shall ensure that employees
 park on the Subject Property. (Standard)
18. No required parking space on the site may be for the exclusive use of any tenant.
 (Standard)



Utilities
19. If new water service is requested, prior to the issuance of building permits, the
 petitioner shall submit evidence of issuance of permits for the construction and
 operation of the water main and associated equipment by the Illinois Environmental
 Protection Agency (IEPA) or provide a determination by IEPA that such permits are
 not required. (Standard)


Landscaping
20. The petitioner shall sign an "Agreement for Installation and Maintenance of
 Landscaping" to assure that the Subject Property and parkway landscaping is
 completed and maintained, including trimming, watering, and replacing of dead



VOSDOCS-#401785-v1-Master_Plan_Commission_Report_for_2012-13P_and_2012-14P_-
_Special_Use_Permit_for_a_Health_and_Fitness_Center_with_a_Parking_D.DOC 6
 plant materials in a timely manner in accordance with the final approved landscape
 plan. A copy of said Agreement is attached hereto, marked Exhibit “A” and hereby
 made part of this Ordinance. This “Agreement for Installation and Maintenance of
 Landscaping" shall be recorded at the petitioner’s expense. (Standard)


Governance
21. All new construction, alterations, and remodeling shall meet current International
 Building and NFPA Life Safety Codes as amended. (Standard)
22. The petitioner shall obtain all required permits and approvals for improvements to
 County, State, or Federal rights-of-way from the governing jurisdiction. (Standard)
23. The Subject Property must conform to the Village's storm water control requirements
 as contained in the Skokie Village Code, including the disconnection of any
 downspouts. (Standard)
24. All modifications to building elevations, signage, and landscaping shall be subject to
 the review and approval of the Skokie Appearance Commission. (Standard)
25. The petitioner shall submit to the Planning Division electronic files of the plat of
 survey, site plan, and landscape plan in their approved and finalized form. The files
 shall be scaled 2-dimensional drawing files on non-compressed, non-read only CD-
 ROM *.dwg AutoCAD format. (Standard)
26. Prior to the issuance of building permits, the petitioner shall submit to the Planning
 Division of the Community Development Department the name, address, and
 telephone number of the company and contact person responsible for site
 maintenance in compliance with the special use permit. (Standard)
27. If work is to be performed on public property or if public property is utilized or
 impacted during construction and/or development, the owner shall provide, or shall
 cause the developer and/or contractor to provide, the Village of Skokie with a
 certificate of insurance naming the Village of Skokie as additionally insured for any
 and all claims related to any and all work. The owner shall hold, and shall cause the
 developer and/or contractor to hold, the Village of Skokie harmless and indemnify
 the Village for any and all claims for property damage or personal injury related to
 work on or use of public property. (Standard)
28. The petitioner shall comply with all Federal and State statutes, laws, rules and
 regulations and all Village codes, ordinances, rules, and regulations. (Standard)
29. Failure to abide by any and all terms of this Ordinance shall be cause for the Village
 to initiate hearings to determine whether the subject Ordinance, as well as any
 applicable business licenses, should be revised or revoked. The petitioner shall pay
 all costs related to any hearings conducted as a result of non-compliance with any of
 the provisions of the enabling ordinance. The costs shall include but not be limited
 to court reporter fees, attorney fees, and staff time required researching and
 conducting said hearing. (Standard)



VOSDOCS-#401785-v1-Master_Plan_Commission_Report_for_2012-13P_and_2012-14P_-
_Special_Use_Permit_for_a_Health_and_Fitness_Center_with_a_Parking_D.DOC 7
Food establishments and Food Services §118-85
30. A screened garbage corral with an impermeable surface shall be provided to contain
 all dumpsters.
31. At least once during every 4 hours of operation and before opening and closing of
 the business, employees shall patrol the Subject Property and clear it of debris.




VOSDOCS-#401785-v1-Master_Plan_Commission_Report_for_2012-13P_and_2012-14P_-
_Special_Use_Permit_for_a_Health_and_Fitness_Center_with_a_Parking_D.DOC 8
 Plan Commission Meeting Minutes
 Date: April 5, 2012

A motion to approve the minutes of the March 15, 2012 meeting was made by Plan
Commissioner Mitchell and seconded by Commissioner Laxpati. All voted aye.

Case Description

2012-13P – Special Use Permit: 3450 Touhy Avenue
Centerpoint Properties Trust requests a special use permit for XSport Fitness, a health
and fitness center, in a B2 Commercial district and any relief that may be discovered
during the review of this case.


Discussion and Interested Parties
Legal Notice was properly posted, advertised, and delivered to all property owners in
the area of the subject site as prescribed by the Zoning Chapter.

Mr. Lawrence Freedman, attorney from Ash, Anos, Freedman and Logan represented
Capital Fitness, the owners of the property. Also in attendance was Joe Whiteside from
the BIG ROCK Group, Steve Neil of NWS Architects, Inc., traffic planner Michael
Werthmann from KLOA, civil engineer Bernie Bono from Bono Consulting, and Van Neie
from Developing Landscapes, Inc.

Mr. Joe Whiteside, Vice-President of Capital Fitness, the holding company for XSport
Fitness, presented the case. They have been in business since 1996 starting in
Lombard, IL and since have expanded to Chicago, New York and Virginia. They are the
8th largest health & fitness entity in the nation. Their Chicago membership is
approximately 250,000. They have wanted to be in Skokie for a long time and were a
planned use of the failed Touhy Centre project in 2007. They are proposing a 92,000
ft2 facility in the south building encompassing a 61,200 ft2 24-hour, 7-days a week
center and 32,000 ft2 of indoor parking. They expect to build a membership of 10,000
to 12,000. They will have 220-250 employment opportunities and a staff of 30 full-time
workers. The facility will house a climbing wall, pool, jacuzzi, saunas, locker rooms, a
spa for salon amenities, a retail area for clothing, workout equipment and vitamins,
child care services, internet café and lounge and a juice bar. The main body of the
center would be filled with cardio workout equipment.

The current tenants of the office building and industrial users will remain in the north
building.

One Plan Commissioner asked about the number of employees during peak hours.
There will be 35 employees on hand during 5:00-7:00 pm.




VOSDOCS-#401785-v1-Master_Plan_Commission_Report_for_2012-13P_and_2012-14P_-
_Special_Use_Permit_for_a_Health_and_Fitness_Center_with_a_Parking_D.DOC 9
The Engineering Division noted that the site plan is unacceptable and suggested many
recommendations incorporated into the staff report.


Recommendation and Voting
The Plan Commission moved to recommend approval of this case based on positive
findings of fact. This motion was approved with a vote of 9 ayes and 0 nays.


Motion: Carandang Second: O’Donnell

Ayes: 9
Nays: 0




VOSDOCS-#401785-v1-Master_Plan_Commission_Report_for_2012-13P_and_2012-14P_-
_Special_Use_Permit_for_a_Health_and_Fitness_Center_with_a_Parking_D.DOC 10
 Plan Commission Meeting Minutes
 Date: April 5, 2012

A motion to approve the minutes of the March 15, 2012 meeting was made by Plan
Commissioner Mitchell and seconded by Commissioner Laxpati. All voted aye.

Case Description

2012-14P – Parking Determination: 3450 Touhy Avenue
XSport Fitness requests a parking determination for a health and fitness center to be
located at 3450 Touhy Avenue.


Discussion and Interested Parties
Legal Notice was properly posted, advertised, and delivered to all property owners in
the area of the subject site as prescribed by the Zoning Chapter.

Mr. Lawrence Freedman, attorney from Ash, Anos, Freedman and Logan represented
Capital Fitness, the owners of the property. Also in attendance was Joe Whiteside from
the BIG ROCK Group, Steve Neil of NWS Architects, Inc., traffic planner Michael
Werthmann from KLOA, civil engineer Bernie Bono from Bono Consulting, and Van Neie
from Developing Landscapes, Inc.

The Plan Commission is the final hearing body when a parking determination is needed
for on-site parking. KLOA submitted a traffic/parking analysis. Michael Werthmann
provided an overview. The site would have 409 parking spaces with 306-316 spots for
XSport and the remaining 93-103 to be used by the remaining tenants. The garage
cannot be reserved strictly for XSport Fitness patrons.

The Engineering Division agreed with the traffic consultant’s parking need for XSport
but noted that the site plan is unacceptable and a revised plan may change the total
number of spaces at the site. Bicycle parking must be provided for the entire site with
at least 32 spots to be located near XSport Fitness entrances.

There were no comments or questions from the commissioners or from the audience.

Recommendation and Voting
The Plan Commission moved to recommend approval of this case based on positive
findings of fact. This motion was approved with a vote of 9 ayes and 0 nays.

Motion: Laxpati Second: Paradise

Ayes: 9
Nays: 0



VOSDOCS-#401785-v1-Master_Plan_Commission_Report_for_2012-13P_and_2012-14P_-
_Special_Use_Permit_for_a_Health_and_Fitness_Center_with_a_Parking_D.DOC 11
 NWS ARCHITECTS, INC.
 architecture + interiors + design




 230 WEST MONROE STREET SUITE 210 CHICAGO ILLINOIS 60606
 T 312 332 2062 | www.nwsarchitects.com | F 312 332 9894



 STRUCTURAL CONSULTANT
 K2NCREST
 1010 JORIE BLVD., SUITE 320
 OAK BROOK, ILLINOIS 60523
 PH: 630-990-9595

 MPE CONSULTANT
 TRUSTED ENGINEERING
 4090 HODGES BLVD., SUITE 1107
 JACKSONVILLE, FLORIDA 32224
 TEL: (630) 670-7810

 CIVIL CONSULTANT
 BONO CONSULTING CIVIL ENGINEERS
 1018 BUSSE HIGHWAY
 PARK RIDGE, IL 60068
 (847) 823-3300

 POOL CONSULTANT
 INNOVATIVE AQUATIC DESIGN, LLC.
 2675 PRATUM AVE.
 HOFFMAN ESTATES, ILLINOIS 60192
 TEL: (224) 293-6460




 FITNESS
 TENANT BUILD-OUT



 3450 TOUHY AVE.
 SKOKIE, ILLINOIS




 EXISTING MULTI-TENANT
 BUILDING




 PROPOSED XSPORT FITNESS
 CLUB




 ISSUE FOR




 NO. DESCRIPTION DATE




 SHEET TITLE




 NORTH
 PROPOSED SITE PLAN
1 SCALE: 1" = 30'-0"
 SHEET NO.




 A-001
 NWS JOB NO.
 NWS ARCHITECTS, INC.
 architecture + interiors + design




 230 WEST MONROE STREET SUITE 210 CHICAGO ILLINOIS 60606
 T 312 332 2062 | www.nwsarchitects.com | F 312 332 9894



 STRUCTURAL CONSULTANT
 K2NCREST
 1010 JORIE BLVD., SUITE 320
 OAK BROOK, ILLINOIS 60523
 PH: 630-990-9595

 MPE CONSULTANT
 TRUSTED ENGINEERING
 4090 HODGES BLVD., SUITE 1107
 JACKSONVILLE, FLORIDA 32224
 TEL: (630) 670-7810

 CIVIL CONSULTANT
 BONO CONSULTING CIVIL ENGINEERS
 1018 BUSSE HIGHWAY
 PARK RIDGE, IL 60068
 (847) 823-3300

 POOL CONSULTANT
 INNOVATIVE AQUATIC DESIGN, LLC.
 2675 PRATUM AVE.
 HOFFMAN ESTATES, ILLINOIS 60192
 TEL: (224) 293-6460




 FITNESS
 TENANT BUILD-OUT



 3450 TOUHY AVE.
 SKOKIE, ILLINOIS




 ISSUE FOR




 NO. DESCRIPTION DATE




 SHEET TITLE




 NORTH
 AREA DIAGRAM
1 SCALE: NTS
 SHEET NO.




 A-001b  NWS JOB NO.
 NWS ARCHITECTS, INC.
 architecture + interiors + design




 230 WEST MONROE STREET SUITE 210 CHICAGO ILLINOIS 60606
 T 312 332 2062 | www.nwsarchitects.com | F 312 332 9894



 STRUCTURAL CONSULTANT
 K2NCREST
 1010 JORIE BLVD., SUITE 320
 OAK BROOK, ILLINOIS 60523
 PH: 630-990-9595

 MPE CONSULTANT
 TRUSTED ENGINEERING
 4090 HODGES BLVD., SUITE 1107
 JACKSONVILLE, FLORIDA 32224
 TEL: (630) 670-7810

 CIVIL CONSULTANT
 BONO CONSULTING CIVIL ENGINEERS
 1018 BUSSE HIGHWAY
 PARK RIDGE, IL 60068
 (847) 823-3300

 POOL CONSULTANT
 INNOVATIVE AQUATIC DESIGN, LLC.
 2675 PRATUM AVE.
 HOFFMAN ESTATES, ILLINOIS 60192
 TEL: (224) 293-6460




 FITNESS
 STEAM
 GEN.




 TENANT BUILD-OUT



 3450 TOUHY AVE.
 SKOKIE, ILLINOIS




 ISSUE FOR




 ZONING 4/24/12
 NO. DESCRIPTION DATE




 SHEET TITLE


 PROPOSED
 FLOOR PLAN


 SHEET NO.




FLOOR PLAN A2.0
 NWS JOB NO.
STAFF REPORT 2012-13P: Special Use Permit
Community Development Department Council Chambers, 7:30 PM, April 5, 2012

To: Paul Luke, Chairman, Skokie Plan Commission
From: Carrie Haberstich, AICP, Planner/CDBG Administrator
Re: Special Use Permit: 3450 Touhy Avenue

 Related Cases: 2012-11P: Zoning Map Amendment (from M3 to B2)
 2012-12P: Planned Development
 2012-13P: SUP: Health and Fitness Center
 2012-14P: Parking Determination: Health and Fitness Center


General Information
Location 3450 Touhy Avenue
Purpose A request for a special use permit for X-Sport Fitness, a health and
 fitness center, in a B2 Commercial district and any relief that may be
 discovered during the review of this case
Petitioner Centerpoint Properties Trust
Size of Site 6.637 acres, with approximately 350 feet of east-west frontage on
 Touhy Avenue
Existing Zoning & M3 Industry, with zoning map amendment request to B2 Commercial
Land Use – warehouse type uses
Adjacent Zoning & North M3 Industry – mixed industrial uses, school bus
Land Use transportation company
 South MB Light Manufacturing/Business (Village of Lincolnwood)
 – mixed industrial uses
 PUD (Village of Lincolnwood) – Lincolnwood Town Center
 shopping mall
 East M3 Industry – abandoned railroad right-of-way, mixed
 industrial uses
 West M3 Industry (portion changing to B2 Commercial in 2012-
 4P) – mixed industrial uses, school bus transportation
 company, vacant land, proposed shopping center
Comprehensive Plan The site is designated manufacturing/service employment




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SITE INFORMATION
  A public sidewalk is located along Touhy Avenue.
  Overhead utilities run along a portion of the south side of the subject site along
 Touhy Avenue and a portion of the west side of the subject site. Overhead
 utilities connect to the west side of the building.
  The site is served by the Pace 290 Touhy Avenue bus.
  The site has one existing building with a depressed loading dock on the west
 side of the building.
  No bicycle facilities are currently planned along the Touhy Avenue corridor east
 of St. Louis Avenue per the Village of Skokie Bicycle Facility Plan and the Village
 of Lincolnwood Bikeway Plan. Nearby east-west connections in the area will be a
 1/4-mile to the north on Howard Street and 3/8-mile to the south in the Village
 of Lincolnwood, south of the Lincolnwood Town Center, along the Northeast
 Parkway.

STAFF ANALYSIS
Petitioner’s Submittal
Capital Fitness – Skokie, LLC proposes to lease a portion of the subject property to
develop and operate a 24-hour, seven days a week, 365 days a year, X-Sport Fitness
health and fitness center.
The X-Sport facility will be approximately 92,000 square-feet in area with approximately
61,200 square feet encompassing the health club, which will have a lap pool with
separate locker rooms for men and women, showers, saunas, and steam rooms. The
club may also include: a climbing wall; juice bar; the sale of health food snacks,
supplies, and other nutritional supplements and vitamins; personal training and other
fitness services; tanning salon and spa (including hair, nails, and therapeutic massage);
volleyball and basketball courts; dance, aerobics, and other fitness-related classes;
physical rehabilitation and similar services; the sale of sports apparel, accessories, and
equipment; and ancillary offices. The remaining 32,000 square feet being leased by X-
Sport Fitness will be improved with 84 indoor parking spaces [plus 2 handicapped
spaces] serving the X-Sport facility.
The existing multi-tenant office/industrial uses currently located on the north portion of
the building will remain.
In conjunction with the foregoing, the following is being requested for Case 2012-13P:
  A special use permit to permit a health and fitness center (along with the
 ancillary uses described above), 24 hours a day, 7 days a week, every day of the
 year.

Additionally, the Kenig, Lindgren, O’Hara, Aboona, Inc. (KLOA) Traffic Study notes the
following:



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  Assumption: All of the development-generated traffic will enter and exit via
 Touhy Avenue.
  Assumption: The growth in background traffic is 1% per year.
  Conclusion: The traffic that will be generated by the proposed development will
 have a limited impact on the overall operation of the area roadways.
  Conclusion: The analyses show that the existing access drives on Touhy Avenue
 serving the development will operate at a good level of service except the
 outbound only drive and the north-south private access drive located east of St.
 Louis Avenue. During the peak periods, the outbound movements are projected
 to experience additional delay when exiting which is common for a stop sign-
 controlled access drive along a higher volume roadway. If feasible, consideration
 should be given to providing a left-turn lane on Touhy Avenue serving the main
 access drive. It should be noted that the results of the capacity analysis have
 shown that the site access system can accommodate the development without
 the left-turn lane.
  Conclusion: The proposed number of parking spaces will be adequate to
 accommodate the projected peak parking demand of the development.

Comments
Staff Comment and Review sheets were sent to all pertinent departments. Several
departments had comments for the related cases, and only the Engineering Division
had comments regarding the special use permit for a health and fitness center.


Engineering Division
The Engineering Division has no objection to the proposed development; however, the
site plan dated February 2, 2012, is not acceptable as proposed. Items to address
include:
  On-site circulation and traffic control
  Bicycle parking
  Off-site traffic control

Other items considered during the Engineering Division staff review include:
  A health and fitness center should be parked at 1 space/200 ft2 of net floor area.
  The remaining office and warehouse tenants in the north portion of the building
 will be limited to the amount of remaining on-site parking beyond the required
 health and fitness center parking spaces, and should be parked at 1 space/300
 ft2 and 1 space/1,500 ft2, respectively.

Planning Division
The petitioner is proposing to operate a 24-hour health and fitness center at 3450
Touhy Avenue. The fitness center will occupy a tenant space recently vacated by
Chicago Cycle.
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The Village of Skokie Comprehensive Plan has identified this area as a
manufacturing/service employment use; however, this area of Touhy Avenue is evolving
into a retail/service employment corridor in both Lincolnwood and Skokie.

The fitness center expects to have peak check-ins of 130 customers from 5:00 p.m. to
6:00 p.m. and 127 customers from 6:00 p.m. to 7:00 p.m. In addition, 35 employees
will be available from 7:00 p.m. to 9:00 p.m. A minimum of 2 employees will be on-site
at all times.

Other proposed uses within the health and fitness center, such as massage therapy, a
limited service restaurant, a convenience store, and a sporting goods store, are
permitted uses in the B2 Commercial district. Only the health and fitness center
requires a special use permit due to its potential adverse impact upon the immediate
neighborhood and the Village as a whole, requiring a greater level of scrutiny and
review of site characteristics, operation of the use, and impacts to determine its
suitability at this particular location.

The existing special use permit for the establishment and operation of a motor vehicle
sales and repair facility is scheduled to be repealed in 2012, since the operation of
Chicago Cycle ended in 2010.

Bicycle parking is planned for 32 bicycles, which meets the requirement of 10% of the
motor vehicle parking requirements for commercial recreational uses; however, the
parking should be distributed throughout the site, and not primarily concentrated at the
X-Sport Fitness entrance.

The health and fitness center will be a benefit to the area. It will provide workout
facilities in an area of Touhy Avenue that is evolving as a retail and service corridor.
The center will not have a negative impact on health, safety, or general welfare of the
general public. The use will have a positive impact on the surrounding land uses and
will not conflict with any other special uses in the area. Although the use does not
conform to the general intent of the Comprehensive Plan, it complements newer and
several non-manufacturing uses in the area.

The Planning Division supports the granting of a special use permit for the operation of
a health and fitness center at 3450 Touhy Avenue.

APPEARANCE COMMISSION
This item was reviewed at the March 14, 2012, Appearance Commission meeting, and a
Certificate of Appropriateness was approved as presented.




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STAFF RECOMMENDATIONS
Staff recommends that the petitioner’s request for a special use permit for a health and
fitness center at 3450 Touhy Avenue be APPROVED, based upon the Proposed
Positive Findings of Fact and subject to the recommended and standard special use
permit conditions.


RECOMMENDED SPECIAL USE CONDITIONS
In addition to the recommended and standard special use permit conditions for cases
2012-11P through 2012-14P, the following shall apply:
1. Prior to a hearing of the subject case before the Board of Trustees, the petitioner
 shall submit a revised Site Plan, addressing the comments from the Engineering
 Division Memo.
2. Repeal Special Use Permit No. 359: “To Establish and Operate a Motor Vehicle Sales
 and Repair Facility at 3448 Touhy”.
3. All signage shall conform to the Skokie Village Code, or per any relief granted in
 case 2012-12P. Any sign on the Subject Property that is in violation of that Code
 must be removed or modified to conform with the Village Code prior to the issuance
 of an occupancy permit. (Standard)

STANDARD SPECIAL USE PERMIT CONDITIONS
Site and Use
4. The petitioner shall develop the Subject Property in substantial conformance with
 the final Village approved site plans dated [to be inserted], engineering plans dated
 [to be inserted], landscape plans dated [to be inserted], sign plans dated [to be
 inserted], and building elevations dated [to be inserted]. (Standard)
5. The proposed development shall have a maximum gross floor area of approximately
 92,000 ft2, not including the northern non-X-Sport Fitness tenant spaces. (Standard)
6. Parking lot and exterior lighting shall meet IES standards, be full cut-off design, and
 be directed away from adjacent properties, subject to the approval of the
 Engineering Division. (Standard)
7. All existing damaged public sidewalks or sidewalks damaged due to the
 implementation of this plan shall be replaced. (Standard)
8. All objects and landscaping within a 15-foot sight distance triangle shall not exceed
 30 inches in height, except traffic control devices listed in the Manual on Uniform
 Traffic Control Devices. (Standard)


Maintenance
9. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage,

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 landscaping, structures, and any other facilities or infrastructure on the Subject
 Property shall be maintained in a good state of repair, and when needed, be
 repaired or replaced in a timely manner. (Standard)
10. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other
 objects that may impede travel. (Standard)
11. Trash shall only be allowed within a designated trash enclosure and shall be
 screened from public view in an enclosure. All trash shall be contained in such a
 way as to remain out of sight at all times, except for waste receptacles referenced in
 Condition Number 12 below. (Standard)
12. Waste receptacles shall be placed on the Subject Property for the use of customers,
 and that the Health Department shall determine the size, type, and location of these
 units. (Standard)


Parking
13. All off-street parking spaces shall be legibly striped and maintained. (Standard)
14. Any plan to modify parking lot striping must be approved by the Director of
 Engineering. (Standard)
15. The proposed development shall have a minimum of 316 off-street parking spaces
 for the health and fitness center, including handicapped parking spaces, as indicated
 on the Subject Property plan dated [to be inserted]. (Standard)
16. The handicapped parking spaces shall be installed and maintained in compliance with
 State of Illinois Accessibility Standards and the Skokie Village Code. (Standard)
17. Vehicles shall not be allowed to be parked in or otherwise block common driveways,
 sidewalks, aisles, or other points of access at any time, shall only be parked in
 designated parking spaces, and shall not overlap the striped lines of designated
 parking spaces. (Standard)
18. The owner of the Subject Property [and its tenants] shall ensure that employees
 park on the Subject Property. (Standard)
19. No required parking space on the site may be for the exclusive use of any tenant.
 (Standard)




Utilities
20. If new water service is requested, prior to the issuance of building permits, the
 petitioner shall submit evidence of issuance of permits for the construction and
 operation of the water main and associated equipment by the Illinois Environmental
 Protection Agency (IEPA) or provide a determination by IEPA that such permits are
 not required. (Standard)




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Landscaping
21. The petitioner shall sign an "Agreement for Installation and Maintenance of
 Landscaping" to assure that the Subject Property and parkway landscaping is
 completed and maintained, including trimming, watering, and replacing of dead
 plant materials in a timely manner in accordance with the final approved landscape
 plan. A copy of said Agreement is attached hereto, marked Exhibit “A” and hereby
 made part of this Ordinance. This “Agreement for Installation and Maintenance of
 Landscaping" shall be recorded at the petitioner’s expense. (Standard)


Governance
22. All new construction, alterations, and remodeling shall meet current International
 Building and NFPA Life Safety Codes as amended. (Standard)
23. The petitioner shall obtain all required permits and approvals for improvements to
 County, State, or Federal rights-of-way from the governing jurisdiction. (Standard)
24. The Subject Property must conform to the Village's storm water control requirements
 as contained in the Skokie Village Code, including the disconnection of any
 downspouts. (Standard)
25. All modifications to building elevations, signage, and landscaping shall be subject to
 the review and approval of the Skokie Appearance Commission. (Standard)
26. The petitioner shall submit to the Planning Division electronic files of the plat of
 survey, site plan, and landscape plan in their approved and finalized form. The files
 shall be scaled 2-dimensional drawing files on non-compressed, non-read only CD-
 ROM *.dwg AutoCAD format. (Standard)
27. Prior to the issuance of building permits, the petitioner shall submit to the Planning
 Division of the Community Development Department the name, address, and
 telephone number of the company and contact person responsible for site
 maintenance in compliance with the special use permit. (Standard)
28. If work is to be performed on public property or if public property is utilized or
 impacted during construction and/or development, the owner shall provide, or shall
 cause the developer and/or contractor to provide, the Village of Skokie with a
 certificate of insurance naming the Village of Skokie as additionally insured for any
 and all claims related to any and all work. The owner shall hold, and shall cause the
 developer and/or contractor to hold, the Village of Skokie harmless and indemnify
 the Village for any and all claims for property damage or personal injury related to
 work on or use of public property. (Standard)
29. The petitioner shall comply with all Federal and State statutes, laws, rules and
 regulations and all Village codes, ordinances, rules, and regulations. (Standard)
30. Failure to abide by any and all terms of this Ordinance shall be cause for the Village
 to initiate hearings to determine whether the subject Ordinance, as well as any
 applicable business licenses, should be revised or revoked. The petitioner shall pay
 all costs related to any hearings conducted as a result of non-compliance with any of
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 the provisions of the enabling ordinance. The costs shall include but not be limited
 to court reporter fees, attorney fees, and staff time required researching and
 conducting said hearing. (Standard)


Food establishments and Food Services §118-85
31. A screened garbage corral with an impermeable surface shall be provided to contain
 all dumpsters.
32. At least once during every 4 hours of operation and before opening and closing of
 the business, employees shall patrol the Subject Property and clear it of debris.


ATTACHMENTS
1. Proposed Positive Findings of Fact for 2012-13P
2. Cover Letter, dated February 6, 2012
3. Traffic Impact Study by KLOA, dated February 7, 2012
4. Plat of Survey, dated January 20, 2012
5. Floor Plan, dated February 2, 2012
6. Proposed Elevations (including signage), dated February 2, 2012
7. Land Use and Zoning Map by the Planning Division, titled “2012-13P”




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STAFF REPORT 2012-14P: Parking Determination
Community Development Department Council Chambers, 7:30 PM, April 5, 2012


To: Paul Luke, Chairman, Skokie Plan Commission
From: Steve Marciani, AICP, Planning Supervisor
Case: 2012-12P: Parking Determination
 XSport Fitness
 Related Cases – 2012-11P: Zoning Map Amendment
 2012-12P: Site Plan Approval
 2012-13P: Special Use Permit
 2012-14P: Parking Determination


 General Information
 Petitioner XSport Fitness
 Purpose A parking determination for a health and fitness center at 3450
 Touhy Avenue.


STAFF ANALYSIS
XSport Fitness requests a parking determination for a health and fitness center at 3450
Touhy Avenue. Off-street parking requirements for health and fitness centers are
determined by the Plan Commission. A traffic impact analysis of the facility was
submitted from KLOA that determined the peak parking demand to be 316 vehicle
parking spaces.
Staff supports KLOA’s 316 off-street parking requirement determination. There are
currently 409 proposed vehicle parking spaces for the planned development in case
2012-12P. All vehicle parking spaces in excess of the 316 required for this user may be
used as required parking for other uses in the planned development. Bike parking must
be provided as required by Village Code for the entire site, with at least 32 bike parking
spaces near entrances to XSport Fitness.

STAFF RECOMMENDATIONS
Staff recommends that a) the off-street motor vehicle parking requirement for XSport
Fitness at 3450 Touhy Avenue determined to be 316 parking spaces to accommodate
the special use in case 2012-13P and b) at least 32 bicycle parking spaces be located
and designed in compliance with §118-221 of the Skokie Village Code for this use. This
parking determination only applies to XSport, Inc. and is not transferable to another
health and fitness center business.




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ATTACHMENT
Engineering Division memorandum, dated April 2, 2012




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PLAN COMMISSION REPORT 2012-17P: Zoning Chapter Amendment
Plan Commission Council Chambers, 8:00 PM, May 7, 2012


To: Mayor and Board of Trustees
From: Paul Luke, Chairman
Case: 2012-17P: Zoning Chapter Amendment

PLAN COMMISSION ANALYSIS
At its April 19, 2012 meeting, the Plan Commission heard the request of Eitan Coresh,
to amend Appendix A of the Chapter 118 Zoning of the Skokie Village Code to add real
estate services and property management services as permitted uses in the M2 Light
Industry district.
The attorney for Eitan Coresh, presented the case and asked that the staff report be
submitted directly into the record.
Staff supported the proposed zoning chapter amendment. Real estate and property
management service uses function virtually the same as professional service uses which
are already permitted in the M1, M2, M3 and OR districts. To be consistent, staff
recommends that real estate services and property management services (commercial
property management and rental property management) be permitted uses in the M1,
M2, M3 and OR districts.
One commissioner asked what would happen if a large real estate office wanted to
open in an industrial district. Staff responded that current parking requirements would
still have to be met. Staff also noted that real estate service uses now have less walk in
traffic, depend more on electronic means of communication and meet more clients in
the field than in the office.

INTERESTED PARTIES
Legal notice was properly advertised as prescribed by the zoning chapter. No
interested parties spoke at the hearing regarding this case.

PLAN COMMISSION RECOMMENDATIONS AND VOTING
The Plan Commission recommends, by a vote of 9 ayes and 0 nays, that the petitioner’s
request to amend Appendix A of the Chapter 118 Zoning of the Skokie Village Code, as
shown in the attached Staff Report 2012-17P, be GRANTED.

ATTACHMENTS
1. Staff Report for case 2012-17P, dated April 19, 2012
2. Minutes for Plan Commission meeting for 2012-17P


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STAFF REPORT 2012-17P: Zoning Chapter Amendment
Community Development Department Council Chambers, 7:30 PM, April 19, 2012




To: Paul Luke, Chairman, Skokie Plan Commission
From: Brian Augustine, Zoning Administrator

Case: 2012-17P: Zoning Chapter Amendment
 Real estate service offices and property management agencies


 General Information
 Petitioner Eitan Coresh of Visionary Real Estate, Inc
 Purpose To amend Appendix A of the Zoning Ordinance of the Village
 Code by adding real estate services and property
 management services as permitted uses in the M2 Light
 Industry district.

PETITIONER’S SUBMITTAL
Eitan Coresh is requesting to amend Appendix A of the Zoning Ordinance of the Village
Code by adding real estate services and property management services as permitted
uses in the M2 Light Industry district. The petitioner intends to operate a real
estate/property management office within the M2 Light Industry district. The petitioner
feels these land uses are compatible with uses already permitted and existing within the
M2 district.


STAFF ANALYSIS
The Zoning Review Committee (ZRC) met to discuss and review the petitioner’s request.
After a thorough review the ZRC recommended to add real estate services, commercial
property management and rental property management as permitted land uses in M1,
M2, M3, and OR districts. Currently commercial property management is a permitted
use in the OR district.
Real Estate Services
The real estate services land use consists of the following types of businesses: appraisal
services, land rental and leasing offices, escrow agencies, real estate asset
management services and real estate consultants. These businesses function mainly as
office uses, with very little walk in cliental.
A land rental and leasing office in the past would have had more walk in clients than
today. The internet along with other technological advancements has greatly reduced
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the need for clients to visit a real estate office to browse listings of properties or to
meet with an agent. A potential customer can view listings online, call an agent on
their cell phone and meet them at the rental or sale property. A customer may only
need to visit the office to sign documents. The function of a real estate office has
changed over time. They are now more closely related to uses in the professional
services categories, such as: architectural and engineering services, consulting services,
photography and legal services, all of which are currently permitted land uses in the
M1, M2, M3, and OR districts.
Property Management Services
This category consists of both commercial property management and rental housing
management. These uses also function mainly as office uses with little, if any, walk in
clients. Most interaction with customers is over the phone, online or at the customer’s
property and not in the office. These uses also function similar to use in the
professional services, all of which are currently permitted in the M1, M2, M3 and OR
districts.
Parking
Staff is not recommending any changes to the parking requirement of real estate
services or commercial property management and rental housing management services.
The current parking requirement for these uses is 1 off street parking space per 300 sq
ft of net floor area. This is also the same parking requirement for land uses in the
professional services categories. Staff feels that the current parking requirement is
adequate and there is no need for a change at this time.


STAFF RECOMMENDATION
Staff recommends that Appendix A of Chapter 118 Zoning of the Skokie Village Code be
amended, with text to be added highlighted and text to be deleted highlighted and
stricken through:




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 Appendix A USE TABLE


 retail street
 M1 M2 M3 OR
 R3 B1
 R1 R2 TX CX
 R4
 R5 B2
 B3
 B4
 NX B6
USE
 H1

…
GENERAL SALES OR SERVICE
…
 Real Estate and Leasing
 Real Estate Services P P P P P P P P P P P
 Property Management Services:
 Commercial Property Management P P P P P P P P P P P P
 Rental Housing Management P P P P P P P P P P P
…
  Business, Professional, Scientific, and Technical Services
 Professional Services:
 Accounting, tax bookkeeping, and payroll services P P P P P P P P P P P P
 Advertising, media, and photography services P P P P P P P P P P P P
 Architectural, engineering, and related services P P P P P P P P P P P P
 Consulting services (management, environmental, etc.) P P P P P P P P P P P P
 Graphic, industrial, interior design services P P P P P P P P P P P P
 Legal Services P P P P P P P P P P P P
...




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 Plan Commission Meeting Minutes
 Date: April 19, 2012

A motion to approve the minutes of the April 5, 2012 meeting was made by Plan
Commissioner Laxpati and seconded by Commissioner Mitchell. All voted aye.

Case Description

2012-17P – Zoning Chapter Amendment
Eitan Coresh of Visionary Real Estate, Inc. requests a zoning chapter amendment to add
real estate service offices and property management agencies as permitted uses in M3
Light Industry districts.

Discussion and Interested Parties

Legal Notice was properly advertised as prescribed by the Zoning Chapter.

Herb Dubrow represented Eitan Coresh, the petitioner. He requested that the reading of
the staff report be waived and was ready to answer questions.

The Community Development director summarized the case. These uses are primarily
office operations and are compatible with services already in the M2 district. Staff
recommends including them as permitted rather than special uses provided that they meet
the parking requirements. The table attached to the staff report indicates the uses being
added to the other M & O-R districts.

The Plan Commission chairman posed the question what if a large office was to occupy
space? The Community Development director stated not much foot traffic takes place;
usually agents are going out.

There were no other questions from the commissioners or the audience.

Recommendation and Voting

The Plan Commission moved to recommend approval of this case based on positive
findings of fact. This motion was approved with a vote of 9 ayes and 0 nays.


Motion: Berman Second: Marek


Ayes: 9
Nays: 0




401907 Plan Commission meeting minutes 4/19/2012 Case 2012-17P

12615
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 Monday, May 7, 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 Roberts, Sutker, Bromberg, Shah, Lorge
and Mayor Van Dusen. Trustee Perille was not present.
Motion to approve the Consent Agenda with the exception of Item #C on the Manager’s
Report.
Moved: Trustee Roberts Seconded: Trustee Sutker
Ayes: Roberts, Sutker, Bromberg, Shah, Lorge and Mayor Van Dusen
Nays: None.
Absent: Perille.
MOTION CARRIED

* Approve, as submitted, minutes of regular meeting held April 16, 2012.
Omnibus vote.

* Approve Voucher List #24-FY12 of May 7, 2012.
Omnibus vote.

Proclamations and Resolutions.
A. Proclamations:
Niles North Chess Team Day – May 7, 2012
Mayor Van Dusen read a Proclamation congratulating the members and coaching staff
of the Niles North Chess Team who won all 7 matches and captured the Illinois High
School Association 2012 State Chess Championship.
The Coaches recognized the team members for all of their achievements.
*Police Week – May 13-19, 2012
*Emergency Medical Services Week – May 20-26, 2012
*National Public Works Week – May 20-26, 2012
Omnibus vote.

Recognition, Presentations and Awards.
A. Presentations:
Presentation of LEED Gold Certificate by Doug Widener, Executive Director, U.S.
Green
Building Council – Illinois Chapter
Police Chief Scarpelli, Deputy Chief Pechter and Assistant to the Chief Smith accepted
the Gold Plaque LEED award.
On behalf of the Police Department, Chief Scarpelli thanked all who helped create the
environmentally sustainable Police Station.

Introduction of Medical Reserve Corps Volunteers by Dr. Catherine Counard,
Director of Health and Claudia Braden, Emergency Response Coordinator
Dr. Counard reported that the second class of Medical Reserve Corps volunteers had
completed the seven weeks of course work and met the federal, state, county and Village
criteria for certification as Medical Reserve Corps members.
Claudia Braden , Emergency response coordinator recognized all the volunteers.

* Appointments, Reappointments and Resignations.
A. Appointment:
Consumer Affairs Commission (Two-Year Term): Biju Krishnan
B. Reappointment:
Zoning Board of Appeals (Four-Year Term): Ilonka M. Ulrich
Omnibus vote.

Report of the Village Manager.
A. Recommendation for Cook County Class 6B Property Tax Incentive – 8261 Elmwood
Avenue.

 1
12616
Meeting of the Mayor and Board of Trustees
Monday, May 7, 2012 Page Two

Resolution 12-5-R-1184
Motion to concur with Staff’s recommendation and assessment that 8261 Elmwood property is
an excellent candidate for a Class 6B classification.
Moved: Trustee Lorge Seconded: Trustee Shah
Ayes: Roberts, Sutker, Bromberg, Shah, Lorge and Mayor Van Dusen
Nays: None.
Absent: Perille.
MOTION CARRIED

* B. Government Accounting Standards Board (GASB).
Resolution 12-5-R-1185
Motion to approve the Resolution concerning the Government Accounting Standards Board
(GASB).
Omnibus vote.

C. Bid Report – 2012 Non-Arterial Street Resurfacing Program – Peter Baker & Son Co.,
Lake Bluff, IL - $1,064,340.81.
Resolution 12-5-R-1186
Motion to award a contract to Peter Baker & Son Co., Lake Bluff, IL in the amount of
$1,064,340.81 for 2012 non-arterial street resurfacing program.
Senior Engineer Erik Cooke answered questions from the Board.
Moved: Trustee Lorge Seconded: Trustee Shah
Ayes: Roberts, Sutker, Bromberg, Shah, Lorge and Mayor Van Dusen
Nays: None.
Absent: Perille.
MOTION CARRIED

* D. 2012 Crack Sealing Services – North Suburban Asphalt - $33,000.
Motion to award a contract to North Suburban Asphalt in the amount of $33,000
Omnibus vote.

Report of the Corporation Counsel.
CONSENT:
*A. Ordinance 12-5-Z-3896
Motion to adopt an ordinance vacating a portion of the unopened and unimproved residential
northwest - southwest alley in the 6751-6800 block between Dowagiac Avenue and Ionia
Avenue, in an R2 Single-Family Residential district (2012-1P). This item is on the consent
agenda for second reading and adoption.
Omnibus vote.

*B. Ordinance 12-5-Z-3897
Motion to adopt an ordinance granting a special use permit to allow religious assembly at 8746
East Prairie Road, Skokie, Illinois, in a B2 Commercial district and relief from Chapter 118,
Section 118-218(2) of the Skokie Village Code (2012-3P). This item is on the consent agenda
for second reading and adoption.
Omnibus vote.

*C. Ordinance 12-5-Z-3898
Motion to adopt an ordinance amending the zoning map with regard to the property located at
3600-3650 and 3710-3714 Touhy Avenue, 3649 Chase Avenue, and 7229 and 7254 St. Louis
Avenue, Skokie, Illinois from an M3 Industry district to a B2 Commercial district (2012-4P).
This item is on the consent agenda for second reading and adoption.
Omnibus vote.




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*D. Ordinance 12-5-Z-3899
Motion to adopt an ordinance approving and accepting a plat of subdivision for the properties
located at 3530-3690 and 3710-3714 Touhy Avenue, 3649 Chase Avenue, and 7254 St. Louis
Avenue with dedications of parcels of land along Chase Avenue and St. Louis Avenue, Skokie,
Illinois in a B2 Commercial district (2012-5P). This item is on the consent agenda for second
reading and adoption.
Omnibus vote.

*E. Ordinance 12-5-Z-3900
Motion to adopt an ordinance granting site plan approval for a planned development at 3530-
3690 and 3710-3714 Touhy Avenue, Skokie, Illinois in a B2 Commercial district, and relief
from certain sections of Chapters 82 and 118 of the Skokie Village Code (2012-6P). This item
is on the consent agenda for second reading and adoption.
Omnibus vote.

*F. Ordinance 12-5-Z-3901
Motion to adopt an ordinance granting a special use permit to establish and operate a bank with
a four-lane drive-through facility at 3636 Touhy Avenue, Skokie, Illinois in a B2 Commercial
district and relief from Sections 82-7(12) and 82-28(B)(1) of the Skokie Village Code (2012-
7P). This item is on the consent agenda for second reading and adoption.
Omnibus vote.

*G. Ordinance 12-5-Z-3902
Motion to adopt an ordinance granting a special use permit to establish and operate a bank with
a three-lane drive-through facility at 3654 Touhy Avenue, Skokie, Illinois in a B2 Commercial
district (2012-8P). This item is on the consent agenda for second reading and adoption.
Omnibus vote.

*H. Ordinance 12-5-Z-3903
Motion to adopt an ordinance granting a special use permit for packaged liquor sales at 3626
Touhy Avenue, Skokie, Illinois in a B2 Commercial district (2012-9P). This item is on the
consent agenda for second reading and adoption.
Omnibus vote.

*I. Ordinance 12-5-Z 3904
Motion to adopt an ordinance granting a special use permit for temporary seasonal garden and
plant material sales and outdoor vending machines at 3626 Touhy Avenue, Skokie, Illinois in a
B2 Commercial district (2012-10P). This item is on the consent agenda for second reading and
adoption.
Omnibus vote.

J. Executive Session
Motion to approve the request of the Corporation Counsel for an Executive Session in
accordance with paragraph 2C.11 of the Illinois Open Meetings Act pertaining to the review
and discussion of pending litigation and to adjourn therefrom.
Moved: Trustee Roberts Seconded: Trustee Sutker
Ayes: Roberts, Sutker, Bromberg, Shah, Lorge and Mayor Van Dusen
Nays: None.
Absent: Perille.
MOTION CARRIED




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Plan Commission.
Chairman Paul Luke presented the Plan Commission Cases
A. Plan Commission Case 2012-11P – Zoning Map Amendment: 3448-3464 Touhy
Avenue (M3 Industry to B2 Commercial)
Motion to concur with the Plan Commission’s recommendation that the petitioner’s
request to amend the Zoning Map to rezone 3448-3464 Touhy Avenue from M3
Industry to B2 commercial be approved subject to all conditions.
Moved: Trustee Lorge Seconded: Trustee Bromberg
Ayes: Roberts, Sutker, Bromberg, Shah, Lorge and Mayor Van Dusen
Nays: None.
Absent: Perille.
MOTION CARRIED

B. Plan Commission Case 2012-12P – Planned Development: 3448-3464 Touhy
Avenue
Motion to concur with the Plan Commission ‘s recommendation that the petitioner’s
request for site plan approval for a planned development at 3448-3464 Touhy with an
exception of use in accordance with 118-77(a), and with relief to be granted from 82-
28(b)(1)b. to allow XSport Fitness wall signage to face both Touhy Avenue and the
eastern parking lot and 82-28(b)(2) to allow 2 wall signs in excess of 200ft. be approved
subject to all conditions.
Moved: Trustee Lorge Seconded: Trustee Bromberg
Ayes: Roberts, Sutker, Bromberg, Shah, Lorge and Mayor Van Dusen
Nays: None.
Absent: Perille.
MOTION CARRIED

C. Plan Commission Case 2012-13P – Special Use Permit: 3450 Touhy Avenue
Motion to concur with the Plan Commission’s recommendation that the petitioner’s
request for a special use permit for a health and fitness center at 3450 Touhy Avenue be
approved subject to the recommended and standard special use permit conditions.
Moved: Trustee Shah Seconded: Trustee Lorge
Ayes: Roberts, Sutker, Bromberg, Shah, Lorge and Mayor Van Dusen
Nays: None.
Absent: Perille
MOTION CARRIED

D. Plan Commission Case 2012-17P – Zoning Chapter Amendment
Motion to concur with the Plan Commission’s recommendation that the petitioner’s
request to amend Appendix A of the Chapter 118 Zoning of the Skokie Village Code to
add real estate services and property management services as permitted uses in the M2
Light Industry district be granted.
Moved: Trustee Lorge Seconded: Trustee Shah
Ayes: Roberts, Sutker, Bromberg, Shah, Lorge and Mayor Van Dusen
Nays: None.
Absent: Perille
MOTION CARRIED

Citizen Comments.
Arnold Levitan, 8936 Sleeping Bear Rd. stated that he appreciated the support of the Village he
& his family have received and with the Young Israel Club of Skokie.
Mr. Eisenberg, 8001 Lorel commented on the need of automatic doors at the Oakton
CTA Station.




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Adjournment
Motion to adjourn at 8:51 p.m.
Moved: Trustee Roberts Seconded: Trustee Bromberg
Ayes: Roberts, Sutker, Bromberg, Shah, Lorge and Mayor Van Dusen
Nays: None.
Absent: Perille
MOTION CARRIED




 __________________________

 Marlene Williams, Village Clerk




Approved:
______________________
George Van Dusen, Mayor




Closed Session
A Closed Session was held in the main floor conference room at 8:55 p.m. Those present were
Mayor Van Dusen, Clerk Williams, Manager Rigoni, Assistant Manager Lockerby, Trustees
Roberts, Sutker, Bromberg, Shah and Lorge.Also present were Corporation Counsel Hanley,
Assistant Corporation Counsel Mueller and Risk Manager Prottsman. The meeting ended at
9:05 p.m.




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