MONDAY, SEPTEMBER 19, :00 P.M. * 4. Approve, as submitted, minutes of regular meeting held September 6, 2011.

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1 MONDAY, SEPTEMBER 19, :00 P.M. 1. Pledge of Allegiance led by Village Clerk Marlene Williams. 2. Call meeting to order and roll call. 3. Approve Consent Agenda. * 4. Approve, as submitted, minutes of regular meeting held September 6, * 5. Approve Voucher List #9-FY12 of September 19, * 6. Proclamations and Resolutions. A. Proclamations: Fire Prevention Week October 9-15, 2011 National Breast Cancer Awareness Month October 2011 Filipino American History Month October 2011 Illinois Arts & Humanities Month October 2011 National Domestic Violence Awareness Month October Recognition, Presentations and Awards. 8. Appointments, Reappointments and Resignations. A. Swearing in of the following personnel by the Board of Fire and Police: Name Old Position New Position Ivan Romo New Hire Police Officer Emil Chwojnicki New Hire Police Officer * B. Reappointments: Beautification and Improvement Commission (One-Year Term as Chair): Ferdinand Soco Consumer Affairs Commission (Two-Year Term): Judy Wolf * C. Resignation: Human Relations Commission: Zeeshan Adil Salehjee 9. Report of the Village Manager. A. Purchase OSSI Public Safety Software from SunGard and Required Hardware, Software, Equipment and Installation for $570, * B. Bid Report & MFT Resolution 2011 High Priority Street Patching Program J.A. Johnson Paving, Arlington Heights, IL - $194,150. * C. Bid Report Brush Chipper & Stump Grinder Replacement Alexander Equipment Co., Lisle, IL - $25,480 & Vermeer Midwest Inc., Aurora, IL - $20,803. * D. Bid Report Proprietary Water Meters and Receptacles Water Resources, Incorporated, Elgin, IL - $91, Report of the Corporation Counsel. CONSENT: * A. An ordinance providing for the acquisition of the real property located at 8117 Floral Avenue, Skokie, Illinois for public purposes. This item is on the consent agenda for second reading and adoption. * B. An ordinance granting a special use permit to establish and operate a driving education school at 4554 Oakton Street, Skokie, Illinois in a B2 Commercial district ( P). This item is on the consent agenda for second reading and adoption

2 FIRST READING: C. An ordinance amending Chapter 70, Article VII, Section pertaining to the possession of cannabis and Section of the Skokie Village Code pertaining to drug paraphernalia. This item is on the agenda for first reading and will be on the October 3, 2011 agenda for second reading and adoption. 11. Unfinished Business. 12. New Business. A. Presentation by Board of Fire and Police Chair David Jones & Personnel Director Christa Ballowe: Village Board Approval of Board of Fire and Police Commission Rules and Regulations 13. Plan Commission. A. Plan Commission Case P Special Use Permit: 3700 Oakton Street (Motor vehicle sales and service establishment) B. Plan Commission Case P Zoning Map Amendment (R2 Single Family to R3 Combined Housing): 5116 Suffield Court C. Plan Commission Case P Special Use Permit: 5116 Suffield Court (2-unit congregate living facility). 14. Citizen Comments. 15. Adjournment

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6 WHEREAS, the Village of Skokie is committed to ensuring the safety and security of all those visiting our Village; and WHEREAS, fire is a serious public safety concern, both locally and nationally, and homes are where people are at the greatest risk from fire; and WHEREAS, home fires killed more than 2,500 people in the United States in 2010, according to the latest research from the nonprofit National Fire Prevention Association (NFPA), and fire departments in the United States responded to more than 360,000 home fires; and WHEREAS, heating and electrical equipment and smoking materials are among the leading causes of all reported home fires, including home candle fires; and WHEREAS, working smoke alarms cut the risk of dying and automatic fire sprinkler systems cut the risk of dying in a home fire by about 80%; and WHEREAS, Skokie s first responders are dedicated to reducing the occurrence of home injuries through prevention and protection education; and WHEREAS, Skokie s residents are responsive to public education measures and are able to take steps to increase their safety from fire, especially in their homes; and residents who have planned and practiced a home fire escape plan, are more prepared, therefore are more likely to survive a fire; and WHEREAS, the Fire Prevention Week 2011, October 9-15 theme, It s Fire Prevention Week. Protect your Family from Fire!, effectively serves to remind us all of the simple actions we can take to keep our homes and families safe from fire during Fire Prevent Week and year-round. THEREFORE, I, GEORGE VAN DUSEN, Mayor of the Village of Skokie, do hereby proclaim October 9-15, 2011, as FIRE PREVENTION WEEK throughout the Village of Skokie, to protect their families by heeding the important safety messages of Fire Prevention Week 2011 and to support public safety activities and efforts of Skokie s fire and emergency services. Dated this 19 th day of September 2011 Marlene Williams, Village Clerk George Van Dusen Mayor VOSDOCS-# v1-Proc_Fire_Prevention_Week

7 WHEREAS, October 2011 is National Breast Cancer Awareness Month; and WHEREAS, October 20, 2011 is National Mammography Day; and WHEREAS, breast cancer is the most common cancer among women, except for nonmelanoma skin cancers. Breast cancer is the second leading cause of cancer death in women, exceeded only by lung cancer; and WHEREAS, the chance of developing invasive breast cancer at some time in a women s life is about 1 in 8. African American women are disproportionately affected by breast cancer deaths; and WHEREAS, almost 212,920 new cases of female invasive breast cancer will be diagnosed in 2009 and about 40,970 will die from the disease; and WHEREAS, an estimated 1,720 cases of male breast cancer will be diagnosed in 2010 and about 460 men will die of the disease; and WHEREAS, death rates from breast cancer have been declining, and this change is believed to be the result of earlier detection and improved treatment. Mammography an x-ray of the breast is recognized as the single most effective method of detecting breast changes that may be cancer long before physical symptoms can be seen or felt. NOW, THEREFORE, I, GEORGE VAN DUSEN, Mayor of the Village of Skokie, do hereby proclaim the month of October 2011 as "NATIONAL BREAST CANCER AWARENESS MONTH" and October 20 th, 2011 as National Mammography Day in the Village of Skokie. ATTEST: Dated this 19 th day of September 2011 Marlene Williams, Village Clerk George Van Dusen Mayor VOSDOCS-#1340-v1-Proc National_Breast_Cancer_Awareness_Month_

8 WHEREAS, the earliest documented proof of Filipino presence in the continental United States was the date of October 18, 1587, when the first Luzones Indios set foot in Morro Bay, California, on board the Manila-built galleon ship Nuestra Senora de Esperanza; and WHEREAS, the Filipino American National Historical Society recognizes the year of 1763 as the date of the first permanent Filipino settlement in the United States in St. Malo Parrish, Louisiana, which set in motion the focus on the story of our Nation s past from a new perspective, by concentrating on the economic, cultural, social, and other notable contributions that Filipino Americans have made in countless ways toward the development of the history of the United States; and WHEREAS, the Filipino American community is the second largest Asian American group in the United States, with a population of approximately 3,100,000 people. Filipino Americans are an integral part of the United States healthcare system as nurses, doctors, and other medical professionals; and WHEREAS, Filipino American servicemen and servicewomen have a longstanding history serving within the Armed Services of the United States, from the Civil War to the present Iraq and Afghanistan conflicts, including the 250,000 Filipinos who fought under the United States flag during World War II, to protect and defend this country; and WHEREAS, Filipino Americans have contributed greatly to the fine arts, music, dance, literature, education, business, journalism, sports, fashion, politics, government, science, technology, and other fields in the United States, which enrich the landscape of the country; and WHEREAS, efforts must continue to promote the study of Filipino American history and culture, as mandated in the mission statement of the Filipino American National Historical Society, because the roles of Filipino Americans and other people of color have been overlooked in the writing, teaching, and learning of the United States history; and WHEREAS, it is imperative for Filipino American youth to have positive role models to instill in them the importance of education, complemented with the richness of their ethnicity and the value of their legacy. NOW, THEREFORE, I, GEORGE VAN DUSEN, Mayor of the Village of Skokie, do hereby proclaim the month of October 2011 as, FILIPINO AMERICAN HISTORY MONTH in the Village of Skokie, and do hereby urge the people of the United States to observe Filipino American History Month with appropriate programs and activities. Passed this 19 th day of September 2011 George Van Dusen, Mayor Marlene Williams, Village Clerk VOSDOCS-# v1-Proc Filipino_Americans

9 WHEREAS, the arts and humanities are the embodiment of all things beautiful and entertaining in the world the enduring record of human achievement; and WHEREAS, the arts and humanities enhance every aspect of life in Illinois improving our economy, enriching our civic life, driving tourism, and exerting a profound positive influence on the education of our children; and WHEREAS, arts education research shows that the arts help to foster discipline, creativity, imagination, self-expression, and problem solving skills while also helping to develop a heightened appreciation of beauty and cross-culture understanding; and WHEREAS, we use the humanities history, literature, philosophy to explore what it means to be human; and WHEREAS, the month of October has been recognized as National Arts and Humanities Month by thousands of arts and cultural organizations, communities, and states across the country, as well as by the White House and Congress for more than two decades. THEREFORE, I, GEORGE VAN DUSEN, Mayor of the Village of Skokie, do hereby proclaim the month of October 2011 as ILLINOIS ARTS & HUMANITIES MONTH and call upon our citizens to celebrate and promote the arts and culture in our state and to specifically encourage the greater participation by those said citizens in taking action for the arts and humanities in their towns and cities. Passed this 19 th day of October 2011 George Van Dusen Mayor Marlene Williams, Village Clerk Proc Illinois Arts & Humanities Month

10 WHEREAS, domestic violence is a serious crime that affects people regardless of age, ethnicity, socioeconomic status, religion, or sex; and WHEREAS, the crime of domestic violence violates an individual s privacy, security, dignity, and humanity, due to systematic use of physical, emotional, sexual, psychological and economic control or abuse; and WHEREAS, in our country, more than three women are murdered by their husbands or boyfriends every day, and approximately one million incidents of domestic violence were reported in the United States in 2010; and WHEREAS, children who grow up in violent homes are believed to be abused and neglected at a rate higher than the national average; and WHEREAS, domestic violence costs the nation billions of dollars annually in medical expenses, police and court costs, shelters and foster care, sick leave, absenteeism, and non-productivity; and crime. WHEREAS, only a coordinated community effort will put a stop to this heinous NOW, THEREFORE, I, GEORGE VAN DUSEN, Mayor of the Village of Skokie, do hereby acknowledge the important work done by domestic violence programs, such as A Safe Place/Lake County Crisis Center, that have provided services to victims of domestic violence in Lake County for twenty years, and do proclaim the month of October 2011 as NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH in the Village of Skokie and urge all the citizens to participate actively in the scheduled events and programs to eliminate the use of personal and institutional violence against women. Dated this 19 th day of September 2011 Marlene Williams Village Clerk George Van Dusen Mayor 25089

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31 JPH: 9/6/11 1 st Reading *9/19/11 LAND ACQUISITION A THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 11-9-P- AN ORDINANCE PROVIDING FOR THE ACQUISITION OF THE REAL PROPERTY LOCATED AT 8117 FLORAL AVENUE, SKOKIE, ILLINOIS FOR PUBLIC PURPOSES WHEREAS, following described real estate: THE SOUTH 5.68 FEET OF LOT 1 AND ALL OF LOT 4 IN SUBDIVISION OF LOT 30 (EXCEPT THE SOUTH 44 FEET THEREOF) OF THE SUBDIVISION OF THE SOUTH 105 ACRES OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 18, 1924 AS DOCUMENT NUMBER , IN COOK COUNTY, ILLINOIS. PIN: commonly known as 8117 Floral Avenue, Skokie, Illinois (hereinafter Subject Property ), is located within the Village of Skokie and within the Downtown TIF District 90-1, a Tax Increment Financing Allocation District of the Village of Skokie; and WHEREAS, the Village of Skokie is desirous of purchasing the Subject Property in the amount of $200,000, to be utilized for a public purpose; and WHEREAS, the purchase price will be paid from funds out of the Downtown Tax Increment Financing District 90-1; and WHEREAS, the Corporation Counsel and Village Manager recommended the following to the Mayor and Board of Trustees: (i) that the Village be authorized to acquire title to, and own, the Subject Property, commonly known as 8117 Floral Avenue, Skokie, Illinois, to be utilized for a public purpose; (ii) that the Real Estate Contract attached hereto and marked Exhibit 1, for the purchase of 8117 Floral Avenue, Skokie, Illinois, be approved substantially in the form attached, subject to changes approved by the Village Manager, or designee, and the Corporation Counsel of the Village of Skokie; (iii) that the Village Manager be authorized to execute the Real Estate Contract marked as Exhibit 1, on behalf of the Village; and NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Skokie, Cook County, Illinois: Page 1 of 2 VOSDOCS-# v1-Ordinance Land_Acquisition 8117_Floral_Ave_

32 Section 1: That the above stated recitals to this Ordinance are hereby incorporated in this Section 1 as if fully set forth herein. Section 2: That the Subject Property, legally described above, with the common address of 8117 Floral Avenue, Skokie, Illinois, is located within the Village of Skokie and within the Downtown TIF District 90-1, a Tax Increment Financing Allocation District of the Village of Skokie. Section 3: That the acquisition of the fee simple title to the Subject Property is necessary to serve the goals, public purposes and objectives of the Downtown TIF District. Section 4: That the Mayor and Board of Trustees of the Village of Skokie, Cook County, Illinois hereby authorize the Village of Skokie to purchase and acquire the Subject Property to be utilized for a public purpose. Section 5: That the Mayor and Board of Trustees of the Village of Skokie, Cook County, Illinois hereby authorize the Village of Skokie to enter into the Real Estate Contract for the Subject Property, a copy of which is attached hereto as Exhibit 1, and hereby made a part of this Ordinance, substantially in the form attached, or as changed with the approval of the Village Manager, or designee, and the Corporation Counsel of the Village of Skokie. Section 6: That the Mayor and Board of Trustees of the Village of Skokie, Cook County, Illinois hereby authorize the Village Manager to execute the Real Estate Contract for the Subject Property, a copy of which is attached hereto as Exhibit 1, and hereby made a part of this Ordinance, substantially in the form attached, or as changed with the approval of the Village Manager, or designee, and the Corporation Counsel of the Village of Skokie. Section 7: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form and in the Skokie Review on and as provided by law. ADOPTED this day of September, Ayes: Nays: Absent: Attested and filed in my office this day of September, 2011; and published in the Skokie Review according to law on, 2011 and, Village Clerk Approved by me this September, Mayor, Village of Skokie day of 26 Village Clerk Page 2 of 2 VOSDOCS-# v1-Ordinance Land_Acquisition 8117_Floral_Ave_

33 Exhibit 1 REAL ESTATE CONTRACT 1. The Parties and the Contract: The Village of Skokie, a municipal corporation, is the Purchaser (hereinafter referred to as "Purchaser"), and Seller is Dr. Mohammed A. Hussain, (hereinafter referred to as Seller ). Purchaser and Sellers are hereinafter collectively referred to as the Parties. This Real Estate Sale Contract is referred to herein as the Contract. The effective date of the Contract is August, Real Estate: Seller agrees to convey to Purchaser the real estate legally described on Exhibit A attached hereto and incorporated herein and all improvements thereon (hereinafter referred to as Subject Property ), which is commonly known as 8117 Floral Avenue, Skokie, Illinois. The Property Identification Number is Fixtures and Personal Property: All fixtures and/or personal property located on the Subject Property at the time of Closing (as defined below) of this transaction shall be transferred to the Purchaser by an executed Bill of Sale unless mutually agreed otherwise by the Parties. 4. Inspection(s) and Due Diligence: Purchaser shall have fourteen (14) days from the date of Sellers execution to perform inspections and due diligence on the Subject Property. Purchaser, at Purchaser s expense may perform any inspections needed to satisfy due diligence, including but not limited to environmental and building inspections. Seller shall allow reasonable access to Subject Property in order to allow Purchaser to perform any such inspections. At any time within this 14 day period Purchaser may elect to terminate the contract. In the event Purchaser elects to terminate this Contract, neither Party hereto shall have any further obligation or liability under this Contract. 5. Purchase Price: Purchaser agrees to purchase the Subject Property at a purchase price (the Purchase Price ) of Two Hundred Thousand Dollars $200,000. At Closing, pursuant to paragraph 8, the Purchase Price shall be due, plus or minus prorations. 6. Property Tax Filings: Seller agrees to provide Purchaser with copies of any and all property tax appeals, petitions or filings with the County of Cook, in addition to any and all agreements entered into with attorneys concerning real estate tax work, with respect to the Subject Property and related Permanent Index Numbers within the last three (3) tax years. These documents would include petitions previously granted or denied and those currently pending. Such documents will be submitted to Purchaser at least seven (7) days prior to Closing. 7. Real Estate Transfer Tax: Seller shall pay or cause to be paid, the amount of any real estate transfer tax imposed by State law, County and Municipal Ordinance on the transfer of the title of the Subject Property, and shall furnish all forms signed by Seller or Seller s agents, as required under the afore referred statutes and ordinances. Purchaser agrees to cooperate and sign any transfer declarations or other such forms which may be required in connection with the Closing or the transfer of Real Estate.

34 8. Closing: The date of closing (the Closing Date ) shall be on September 30, 2011 or such other date mutually agreed by the Parties, at the office Chicago Title Insurance Company, closest to the Subject Property, or another title company as mutually agreed by the Parties (the Title Company ), provided title is shown to be good or is accepted by Purchaser. The closing of this transaction is referred to as the Closing. Closing costs shall be paid as follows: a. Seller s Closing Costs. Seller shall pay (i) the base premium and the premium for the extended coverage endorsement for the owner s title insurance policy required under Section 16, (ii) recording charges for any documents required to clear title, to the extent Sellers is required to do so as provided in Section 16 hereof, (iii) half of the agency closing/escrow fee charged by the title company and (iv) all Sellers attorney and expenses in this transaction. b. Purchaser s Closing Costs. Purchaser shall pay (i) the premium for any endorsements requested by Purchaser for the owner s title insurance policy provided in Section 16 that are in addition to the extended coverage endorsement, (ii) half of the agency closing/escrow fee charged by the title company and (iii) the recording costs for warranty deed. 9. Pre-closing walk through : Purchaser shall be able to complete a final walk through of the Subject Property, not more than 48 hours prior to closing. 10. Possession: Possession shall be delivered to the Purchaser at the Closing, at which time the existing buildings on the Subject Property must be vacant and not subject to any tenancy leases, written or verbal. 11. Removal of Personal Property: Seller shall remove from the Subject Property by the date of closing, all debris and Sellers personal property not conveyed by Bill of Sale to Purchaser. 12. Prorations: The general real estate taxes for the Subject Property shall be prorated on an estimated basis as of the Closing Date, based on 110% of the most recent ascertainable full year tax bill. 13. Plat of Survey: Not less than seven (7) business days prior to Closing, Seller shall at Seller expense, tender to attorney for Purchaser, a Plat of Survey by an Illinois registered land surveyor depicting all corners staked and flagged, and showing the location of all improvements thereon, any encroachments, measurements of all lot lines, easements, building line set backs, fences, all building and other improvements on the real estate and distances thereof to all lot lines. If the survey discloses improper location of improvements or encroachments (other than fences), Purchaser may, at its option, declare the contract null and void and receive a refund of all monies previously tendered. Said survey shall be dated no more than ninety (90) calendar days prior to closing. 14. Notices: All notices, demands or other communications required to be given under this Contract shall be in writing and shall be deemed duly served if personally served, sent by certified mail, return receipt requested, or by facsimile transmission, with a copy sent first class mail on the date of transmission. All notices shall be addressed to the party intended to be served. Until changed in the manner provided in the previous sentence, the addresses and facsimile numbers of the parties shall be: If to Purchaser: Village of Skokie 5127 Oakton Street Skokie, IL Attention: Village Clerk If to Seller: Dr. Mohammed A. Hussain 6439 N. Leroy Lincolnwood, IL 60712

35 With copies to: With copies to: Albert J. Rigoni Village Manager Village of Skokie 5127 Oakton Street Skokie, IL J. Patrick Hanley Corporation Counsel Village of Skokie 5127 Oakton Street Skokie, IL Deed: Seller shall convey or cause to be conveyed to Purchaser good and merchantable title to the Subject Property by a warranty deed in recordable form, and a proper bill of sale, subject only to: covenants, conditions and restrictions of record; public and utility easements and roads and highways, if any; general real estate taxes for the year 2010 and subsequent years including taxes which may accrue by reason of new or additional improvements during the year(s). 16. Title: a. Seller has delivered, or will deliver within fourteen (14) days after the date of this Contract, as evidence of title in Sellers, a title commitment issued by the Title Company with an effective date no earlier than fourteen (14) days prior to the date of this Contract (the Title Commitment ) for an ALTA title insurance policy in the amount of the Purchase Price with extended coverage. The Title Commitment will be conclusive evidence of good and merchantable title as therein shown, subject only to the exceptions therein stated. Within seven (7) days after Sellers delivery of the Title Commitment to Purchaser, Purchaser shall send written notice to Sellers of any objections by Purchaser to any of the title exceptions identified on the Title Commitment (the Objectionable Exceptions ). All exceptions identified in the Title Commitment which are not Objectionable Exceptions shall be deemed Permitted Exceptions under this Contract. Seller may, within five (5) days after receipt of Purchaser s notice of any Objectionable Exceptions, elect to eliminate or provide title insurance over the Objectionable Exceptions. If Sellers are unable or unwilling to so eliminate or provide title insurance over the Objectionable Exceptions, then Sellers shall notify Purchaser who shall have the right, at its election, but as its sole and exclusive remedy, either to (a) waive the Objectionable Exceptions and accept title to the Real Estate subject to such Objectionable Exceptions (in which event such exceptions shall be deemed Permitted Exceptions), or (b) terminate this Contract by delivering written notice to Sellers within ten (10) days of said notice, before the end of the said five (5) day period. In the event Purchaser elects to terminate this Contract, neither Party hereto shall have any further obligation or liability under this Contract, except as otherwise provided to the contrary in this Contract. In the event Purchaser does not elect to terminate this Contract in accordance with the terms of this Section 16, all exceptions to title listed in the Title Commitment (including those which Purchaser previously designated as Objectionable Exceptions) shall conclusively be deemed to constitute Permitted Exceptions. b. As of the Closing Date, Sellers shall cause the Title Company to issue to Purchaser an ALTA Owner's Policy of Title Insurance or irrevocable commitment to issue same with extended coverage (the "Title Policy") covering the Subject Property in the amount of the Purchase Price, subject only to the

36 Permitted Exceptions. Notwithstanding the foregoing, if any additional exceptions to title are identified after the date of the Title Commitment that were not caused by the voluntary act of Seller, Seller shall not be required to remove such additional exceptions and the sole and exclusive remedy of Purchaser will be either to (i) take title to the Subject Property subject to such additional exceptions or (ii) terminate this Contract. In the event Purchaser elects to terminate this Contract, neither Party hereto shall have any further obligation or liability under this Contract, except as otherwise provided to the contrary in this Contract. c. At the closing Sellers will deliver an executed Affidavit of Title, attesting that Sellers have not had any work or service performed or contracted for, that is basis for any type of lien or encumbrance filed against the Subject Property, since the date the Title Commitment was issued. d. Any endorsements requested by Purchaser for the Title Policy, other than the extended coverage endorsement, shall be paid for solely by Purchaser. Issuance or availability of any such additional endorsements requested by Purchaser shall not be a condition of Closing, and the failure of Purchaser to obtain any such additional endorsements shall not be deemed a default by Sellers or a reason for Purchaser not to acquire the Subject Property. 17. Performance: Time is of the essence of this Contract. 18. Commissions: Both Parties warrant, agree and accept that there are no Broker Commissions or fees due. 19. Property Violations: Seller represents that Seller, any beneficiaries or agents of Seller or of their beneficiaries, have not received any notices from any governmental entity, regarding any zoning, building, life safety or health code violations in respect to the Subject Property that have not been heretofore corrected. 20. Duplicate: A duplicate original of this Contract, duly executed by the Seller, shall be delivered to the Purchaser within five (5) business days from the date hereof, otherwise, at Purchaser's option, this Contract shall become null and void. 21. Choice of Law: This Contract shall be governed in accordance with the laws of the State of Illinois (excluding its conflicts of law rules) and any dispute arising as to the interpretation of this Contract shall be heard in a court of competent jurisdiction sitting in Cook County, Illinois and in no other court. 22. Demolition: Sellers agree not to demolish or otherwise destroy the buildings that improve the Real Estate and that exist at the time of acceptance, any time prior to Closing. 23. Uniform Vendor and Purchaser Risk Act: The Parties agree that the Uniform Vendor and Purchaser Risk Act of the State of Illinois shall be applicable to this Contract. 24. Authorized Signatories: The Parties represent that the undersigned signatories for each of them respectively are authorized signatories for this Contract and that the effect of the signatures is to make this Contract binding on the respective Parties. 25. Village Board Approval: The terms and conditions of this contract are subject to approval by the Mayor and Board of Trustees of the Village of Skokie. Purchaser shall give Seller notice of approval or disapproval within twenty four (24) days of execution of contract. In the event, within said time period the terms of the contract are not approved by the Mayor and Board of Trustees, this Contract will be deemed terminated and will be without any further force and effect and without further obligation of either party to the other.

37 26. Counterparts: This Contract may be executed in any number of counterparts, each of which shall be deemed to be a duplicate original, and all of which together shall constitute but one and the same instrument. For the purpose of negotiating and finalizing this Contract, any signed documentation including this Contract, Riders(s) and any subsequent amendments transmitted by or facsimile machine shall be treated in all manner and respects as an original document and shall be considered to have the same binding legal effect as an original document. IN WITNESS WHEREOF, Sellers and Purchaser have executed this Contract as of the date first above written. PURCHASER: SELLERS: Village of Skokie By: Albert J. Rigoni its Village Manager By: Mohammed A. Hussain Attested: Marlene Williams its Village Clerk

38 Exhibit A LEGAL DESCRIPTION 8117 Floral Avenue, Skokie, IL The south 5.68 feet of Lot 1 and all of Lot 4 in Subdivision of Lot 30 (except the south 44 feet thereof) of the Subdivision of the South 105 Acres of the southeast quarter of Section 21, Township 41 north, Range 13 east of the Third Principal Meridian, according to the plat thereof recorded September 18, 1924 as document number , in Cook County, Illinois. PIN:

39 JPH: *9/19/11 PC: P SUP: THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 11-9-Z- B AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ESTABLISH AND OPERATE A DRIVING EDUCATION SCHOOL AT 4554 OAKTON STREET, SKOKIE, ILLINOIS IN A B2 COMMERCIAL DISTRICT WHEREAS, the owner of the following described real property: THE WEST 3 FEET OF LOT 17 AND ALL OF LOTS 18, 19, 20, AND 21 IN BLOCK 3 IN LONNQUIST AND COMPANY S OAKTON PARKWAY SUBDIVISION, BEING A SUBDIVISION OF THE WEST HALF OF THE SOUTH EAST QUARTER OF THE SOUTH WEST QUARTER OF SECTION 22, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPTING THEREFROM THE AFOREMENTIONED LOTS 17, 18, 19, 20, AND 21 THE SOUTH 7.0 FEET THEREOF, TAKEN FOR THE WIDENING OF OAKTON STREET), IN COOK COUNTY, ILLINOIS. PIN: more commonly described as Oakton Street, Skokie, Illinois (the Subject Property ), petitioned the Village of Skokie on behalf of its tenant, Northwestern Driving School, for a special use permit to establish and operate a driving education school at 4554 Oakton Street (the Subject Site ), in a B2 Commercial district; and WHEREAS, the Subject Property is an existing two-story building with commercial uses that include offices, a limited service restaurant, a dry cleaners, and an insurance agency. The proposed driving education school will occupy approximately 600 square feet of space on the first floor in the southwest corner of the Subject Property; and WHEREAS, the driving education school will be marketed toward the instruction of students whose high schools do not provide driver s education instruction. Classes will be held by one instructor and range between 8 and 14 students per month; and WHEREAS, the students will be dropped off and picked up at the Subject Site for classroom instruction. Classroom instruction will be provided Monday through Thursday, 4:30 pm to 8:30 pm; and WHEREAS, behind the wheel instruction may take place before and after the students high school class day, weekends, or after classroom training at the Subject Site. Students will be picked up and dropped off at their respective schools or homes by the instructor; and WHEREAS, at a public hearing of the Skokie Plan Commission, duly held on July 21, 2011, for which proper legal notice had been achieved, one interested party spoke in support of the proposed use. Additionally, a commissioner requested confirmation that there would only be one instructor and one training vehicle at the Subject Site. Staff replied Page 1 of 3 VOSDOCS-# v1-Ordinance P SUP Driving_Education_School 4554_Oakton

40 that only one instructor would work at the school and he would provide his own vehicle for the purpose of instruction; and WHEREAS, after hearing all testimony, the Skokie Plan Commission (a) made the appropriate findings of fact as required under Section of the Skokie Village Code and (b) voted to recommend to the Mayor and Board of Trustees that the requested special use permit be granted subject to the conditions contained in the Plan Commission Report dated August 15, 2011; and WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on September 19, 2011, concurred in the aforesaid recommendations and findings of fact of the Skokie Plan Commission; NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Skokie, Cook County, Illinois: Section 1: That the special use permit requested by the petitioner to establish and operate a driving education school at the Subject Site, described above and commonly known as 4554 Oakton Street, Skokie, Illinois, in a B2 Commercial district be and the same is hereby granted and approved subject to each of the conditions set forth below: 1. Prior to the issuance of an occupancy permit for the driving education school, the property owner shall: A. Install a concrete-paved service walk in the parkway in front of the cleaners at 8007 Kenton Avenue where the grass is presently worn away due to pedestrian traffic, B. Re-sod the barren portion of the south end of the Kenton Avenue parkway, C. Install a bicycle parking space below the second story overhang on the east side of the building in compliance with Section of the Skokie Village Code; 2. One tree shall be planted in the Kenton Avenue parkway at a distance of no closer than 30 feet from either of the existing trees as part of the Village s 50/50 Parkway Tree Planting Program; 3. There shall be no more than 1 instructor and 1 instruction vehicle involved in the operation of the driving education school; 4. 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; 5. All off-street parking spaces shall be legibly striped and maintained; 6. All modifications to building elevations, signage, and landscaping shall be subject to the review and approval of the Skokie Appearance Commission; 7. Vehicles shall always be parked in designated parking spaces, and not overlap the striped lines of designated parking spaces or parked in or otherwise block driveways, sidewalks, aisles, or other points of access. All employees shall park on the Subject Property; 8. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other Page 2 of 3 VOSDOCS-# v1-Ordinance P SUP Driving_Education_School 4554_Oakton

41 objects that may impede travel; 9. All buildings shall meet current International Building and NFPA Life Safety Codes as amended; 10. Prior to the issuance of building permits, the petitioner shall submit to the Planning Division of the Community Development Department the name, address, and telephone number of the company and contact person responsible for site maintenance in compliance with the special use permit; 11. If work is to be performed on public property or if public property is utilized or impacted during construction and/or development, the owner shall provide, or shall cause the developer and/or contractor to provide, the Village of Skokie with a certificate of insurance naming the Village of Skokie as additionally insured for any and all claims related to any and all work. The owner shall hold, and shall cause the developer and/or contractor to hold, the Village of Skokie harmless and indemnify the Village for any and all claims for property damage or personal injury related to work on or use of public property; 12. The petitioner shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations; 13. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to initiate hearings to determine whether the subject Ordinance, as well as any applicable business licenses, should be revised or revoked; and 14. The petitioner shall pay all costs related to any hearings conducted as a result of noncompliance with any of the provisions of the enabling ordinance. The costs shall include but not be limited to court reporter fees, attorney fees, and staff time required researching and conducting said hearing. Section 2: That a notice of the approval of this Ordinance incorporating the conditions contained herein shall be executed by the owner of the property in writing and duly recorded with the Cook County Recorder of Deeds Office at the owner s expense. Section 3: That this Ordinance shall be in full force and effect from and after its passage, approval and recordation as provided by law. ADOPTED this day of September Village Clerk Ayes: Nays: Absent: Approved by me this day of Attested and filed in my September office this day of September Mayor, Village of Skokie Village Clerk Page 3 of 3 VOSDOCS-# v1-Ordinance P SUP Driving_Education_School 4554_Oakton

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44 JPH: 9/19/11 1 st *10/3/11 reading C THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER C- AN ORDINANCE AMENDING CHAPTER 70, ARTICLE VII, SECTION PERTAINING TO THE POSSESSION OF CANNABIS AND SECTION OF THE SKOKIE VILLAGE CODE PERTAINING TO DRUG PARAPHERNALIA WHEREAS, Chapter 70, Article VII, of the Skokie Village Code provides for offenses affecting minors; and WHEREAS, the Mayor and Board of Trustees previously adopted Village Ordinance Number C-3397, which amended the Skokie Village Code (hereinafter Code ) by adding Sections and Those sections prohibited the sale of drug paraphernalia and possession of cannabis by youth under 17 years of age, respectively; and WHEREAS, effective January 1, 2010, Section of the Juvenile Court Act of the State of Illinois was amended. Specifically, the age for prosecuting a minor for a misdemeanor offense under the Juvenile Court Act was raised from 16 years old to include individuals who are 17 years old. Prior to this change, once an individual reached the age of 17, he or she would be charged as an adult for a misdemeanor offense; and WHEREAS, pursuant to state statute, possession of cannabis is a criminal offense of varying degrees for all persons depending on the amount. Section of the Code specifically prohibits the possession of less than 2.5 grams of cannabis by persons under 17 years of age, as a violation of the Village Code. The intent of this section was that this be used as another tool to bring those children and young adults in need of services to the attention of the Court through the Village s Youth Outreach Program. The age limitation mirrored the Juvenile Court Act in its cutoff of the age; and WHEREAS, the Youth Outreach Program (hereinafter Program ) was developed by the Village of Skokie in 1998 as a way of assisting children and young adults through an early intervention process for various types of issues, including substance abuse; and WHEREAS, the Skokie Police Department issues citations to juveniles for a multitude of offenses which include: truancy, possession of alcohol, curfew, etc. After review of each individual case, the Corporation Counsel s Office, in conjunction with Youth Outreach Coordinator and the Director of Human Services, will make a recommendation to the Court at the monthly Skokie Youth Offender call in the Circuit Court of Cook County. These recommendations may include counseling services, drug and alcohol education or evaluation, community service, or an individual psychiatric assessment; and WHEREAS, the age limitation of under 17 years of age for the violation of possession of under 2.5 grams of cannabis, was previously adopted since it mirrored that of the Juvenile Court Act. It served the intent and purpose of providing preliminary intervention of services to those youths charged with the offense, who may be experiencing issues of substance abuse. Page 1 of 5 VOSDOCS-# v1-Ordinance Code_Amendment Chapter_70 Cannabis

45 Those with a higher amount of cannabis could still be charged as a misdemeanor and either be petitioned to Juvenile Court or, if they were 17 years of age, treated as an adult in Criminal Court; and WHEREAS, effective January 1, 2010, the Juvenile Act was amended to raise the age from under the age 17 to under the age of 18, in order to be charged as an adult and be sent to adult Criminal Court. This effectively has left a gap in the Program for those who are 17 years of age; and WHEREAS, under the current ordinance, a 17 year old cannot be written for an ordinance violation for possession of 2.5 grams of cannabis and cannot be charged with a misdemeanor in Criminal Court; and WHEREAS, in amending Chapter by raising the age from under 17 to under 18, which prohibits the possession of cannabis in the amount less then 2.5 grams, the Village will essentially again mirror the Juvenile Court Act, to raise the age needed to be charged with a misdemeanor to under 18. By making this amendment, the Village will more adequately be prepared to deal with and aid those 17 years olds who may have substance abuse issues and are caught with only small amounts of cannabis; and WHEREAS, in an additional effort to combat the use of cannabis, the Village desires to prohibit the possession of drug paraphernalia within the Village, which is primarily designed for illegal drug usage. Often a police officer will come across a situation in which an individual may only have some type of paraphernalia on their person, but no substantive amount of cannabis or other drugs; and WHEREAS, Section currently prohibits the sale of drug paraphernalia. There is currently language which states that if the holder of the business license is found guilty of selling drug paraphernalia, the Village Manager could use this as a basis to revoke the business license and it be cancelled; and WHEREAS, the Corporation Counsel recommended to the Mayor and Board of Trustees at a public meeting duly held on September 4, 2011, that Chapter 70, Article VII, Sections , and , be amended accordingly; and WHEREAS, the Mayor and Board of Trustees at a public meeting duly held on September 6, 2011, concurred in the aforesaid recommendation of the Corporation Counsel; and NOW, THEREFORE, BE IT ORDAINED, by the Mayor and board of Trustees of the Village of Skokie, Cook County, Illinois; Section 1: That Chapter 70, Article VII, Section of the Skokie Village Code be and the same is hereby amended in the manner hereinafter indicated. The new material is highlighted in bold and the material to be deleted is highlighted and stricken through. Sec Sale of illegal drug usage paraphernalia. No person licensed to do business in the Village of Skokie shall sell any item of paraphernalia, which is designed and primarily used for illegal drug usage. For the purposes of this section, paraphernalia shall have the same meaning as referenced in Section 600/2(d)(5) of the Drug Paraphernalia Control Act, 720 ILCS 600/2 et seq. In addition to any Page 2 of 5 VOSDOCS-# v1-Ordinance Code_Amendment Chapter_70 Cannabis

46 other sanctions contained in this Code for violations thereof, a finding of guilty of a violation of this section, by a court of competent jurisdiction, shall be deemed cause for revocation of a business license. Sec Sale or possession of drug paraphernalia. (a) Definitions. The following words shall have the following meaning for this Chapter: Drug Paraphernalia means all equipment, products and materials of any kind which are peculiar to and marketed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body cannabis or a controlled substance in violation of the Cannabis Control Act or the Illinois Controlled Substances Act. It includes, but is not limited to: 1. Kits peculiar to and marketed for use in manufacturing, compounding, converting, producing, processing or preparing cannabis or a controlled substance; 2. Isomerization devices peculiar to and marketed for use in increasing the potency of any species of plant which contains cannabis or a controlled substance; 3. Testing equipment peculiar to and marketed for cutting cannabis or a controlled substance by private persons; 4. Diluents and adulterants peculiar to and marketed for cutting cannabis or a controlled substance by private persons; 5. Objects peculiar to and marketed for use in ingesting, inhaling or otherwise introducing cannabis, cocaine, hashish, hashish oil or other controlled substances in to the human body including, where applicable the following items: A. Water pipes; B. Carburetion tubes and devices; C. Smoking and carburetion masks; D. Miniature cocaine spoons and cocaine vials; E. Carburetor pipes; F. Electric pipes; G. Air-driven pipes; Page 3 of 5 VOSDOCS-# v1-Ordinance Code_Amendment Chapter_70 Cannabis

47 H. Chillums; I. Bongs; J. Ice pipes or chillers; 6. Any item whose purpose, as announced or described by a seller or user, is for use in violation of this chapter. (b) Unlawful to possess Drug Paraphernalia. It shall be unlawful for any person to possess Drug Paraphernalia as defined in paragraph (a) of this section. (c) Unlawful to sell drug paraphernalia. It shall be unlawful to sell any item of Drug Paraphernalia as defined in paragraph (a) of this section. In addition to any other sanctions contained in this Code, any person, corporation or entity licensed to do business in the Village of Skokie who pleads guilty or is found guilty of selling any item of drug paraphernalia shall be deemed to have a basis for revocation of a business license by the Village Manager. (d) Penalties. Any person who violates any of the provisions of this section shall be subject upon a finding of guilty by a court of competent jurisdiction, to the penalties set forth in section 1-6. In addition to the penalties provided in Section 1-6, no provision of this section shall be construed to preclude or limit the presiding judge in each case in exercising his or her discretion to further order such other corrective measures of the defendant as may be reasonable, equitable and appropriate, and as in each case may be necessary, including court supervision, probation, drug abuse counseling or psychiatric or social service counseling. Section 2: That Chapter 70, Article VII, Section of the Skokie Village Code be and the same is hereby amended in the manner hereinafter indicated. The new material is highlighted in bold and the material to be deleted is highlighted and stricken through age. Sec Possession of cannabis prohibited; person under 1718 years of (a) Definition. Cannabis means marijuana, hashish and other substances which are identified as including any parts of the plant cannabis sativa, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, salt derivative, mixture, or preparation of such plant, its seeds or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives including its naturally occurring or synthetically produced ingredients; whether produced directly or indirectly by extraction or independently by means of chemical synthesis; or by a combination of extraction and chemical synthesis; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt derivative, mixture or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. (b) Pursuant to the Cannabis Control Act, 720 ILCS 550/1 et seq., it is a criminal violation to possess any substance containing cannabis as defined, however for the purposes of this Page 4 of 5 VOSDOCS-# v1-Ordinance Code_Amendment Chapter_70 Cannabis

48 Code, it shall be a violation for any person under 1718 years of age to possess, in quantities of less than 2.5 grams, any substance containing cannabis as defined herein. (c) Any person who violates any of the provisions of this section shall be subject upon a finding of guilty by a court of competent jurisdiction, to the penalties set forth in section 1-6. (d) In addition to the penalties provided in this section 1-6, no provision of this section shall be construed to preclude or limit the presiding judge in each case in exercising his or her discretion to further order such other corrective measures of the defendant as may be reasonable, equitable and appropriate, and as in each case may be necessary, including court supervision, probation, drug abuse counseling or psychiatric or social service counseling. Section 2: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. ADOPTED this day of October, Village Clerk Ayes: Nays: Absent: Approved by me this day of Attested and filed in my office this October, day of October, 2011; and published in pamphlet form according to law from October,2011 Mayor, Village of Skokie to October,2011. Village Clerk Page 5 of 5 VOSDOCS-# v1-Ordinance Code_Amendment Chapter_70 Cannabis

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57 4 5 Consideration Findings Consideration Findings 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. The proposed motor vehicle repair and sales business will not be contrary to the primary purpose of the M2 Light Industry district. The use is compatible with other uses and special uses in the adjacent area because there are several other motor vehicle sales and service establishments operating both with and without special use permits in the area at this time. The proposed use and its plan conform to the general intent of the Official Comprehensive Plan. The site is designated as manufacturing/service employment in the Comprehensive Plan. The proposed motor vehicle sales and service establishment conforms to the general intent of the plan. # v1 Master Plan Commission Report P: Special Use Permit for motor vehicle sales and service establishment at 3700 Oakton Street 7 of 14

58 STAFF REPORT P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, September 1, 2011 To: From: Re: Paul Luke, Chairman, Skokie Plan Commission Mike Voitik, Planning Technician Special Use Permit Motor Vehicle Sales and Service Establishment Roll-On Cycle Shop 3700 Oakton Street General Information Location Purpose Petitioner Size of Site Existing Zoning & Land Use Adjacent Zoning & Land Use Comprehensive Plan 3700 Oakton Street Special use permit for motor vehicle sales and service establishment Jonathan and Marlene Eng, on behalf of Roll-On Cycle Shop and Jessica Diamond Approximately 6, square feet (0.141 acres) with feet of frontage on Oakton Street and feet of frontage on Lawndale Avenue. M2 Light Industry vacant industrial building North South East West M2 Light Industry sign manufacturing M1 Office Assembly Industry and M3 Industry CTA Skokie Repair Shops M2 Light Industry motor vehicle body repair facility M2 Light Industry special trade contractor The site is designated manufacturing/service employment. SITE INFORMATION The site is served by the CTA #97 bus. Overhead utilities are present in the south side of the public alley to the north of the subject site. Public sidewalks are present along Oakton Street and Lawndale Avenue. A driveway runs along the west side of the property and can be accessed from Oakton Street as well as from the alley to the north of the subject site. On-street parking is available along Oakton Street and Lawndale Avenue. There are currently no legal parking spaces present on the property. # v1 Master Plan Commission Report P: Special Use Permit for motor vehicle sales and service establishment at 3700 Oakton Street 8 of 14

59 STAFF ANALYSIS Petitioner s Submittal The petitioners are requesting a special use permit for a motor vehicle sales and service establishment in an M2 Light Industry zoning district. The petitioners are also requesting that relief be granted from the parking requirements in Section (4) of the Skokie Village Code to allow 2 rather than 5 off-street parking spaces. The proposed business will sell, repair, and store motorcycles and scooters, be open 7 days a week, and have 3 employees. Two employees will work in the sales portion of the business while 1 mechanic will repair the vehicles in the service area. Motorcycle and scooter sales displays will be located both inside the front entrance of the business as well as within an area facing Oakton Street. An existing garage door fronting the public alley will provide access to 6 motorcycle and scooter service bays at the rear of the building. The business will also offer space in the service area for motorcycles and scooters to be stored. The remainder of the interior of the business will contain sales offices and parts storage, a shipping and receiving room, and a conference room. A total of 2 off-street parking spaces for cars will be provided at the north and south ends of the driveway running along the west side of the property. One space will be accessed from Oakton Street and the other space will be accessed from the alley. A total of 10 motorcycle and scooter parking spaces will be provided on the property 7 spaces to the west of the building between the car spaces, and 3 on the south side of the building. Comments Staff Comment and Review sheets were sent to all pertinent departments. Staff comments on the subject case were received from the Engineering Division. All other departments returned the sheets with no comments. Engineering Division The Engineering Division recommends approval of the proposed motor vehicle sales and service establishment. Although the proposed use does not meet the parking requirement for motor vehicle sales and service, the use should have minimal impact on the area because of the unique types of vehicles involved in the operation of the business. Planning Division The Planning Division recommends approval of the proposed motor vehicle sales and service establishment and the granting of relief from the parking requirements for motor vehicle repair facilities in Section (4) of the Skokie Village Code to allow 2 rather than 5 off-street parking spaces. The parking requirement for the proposed motor vehicle sales portion of the use is 1 parking space per 800 square feet of net ground floor area. The parking requirement for the proposed service establishment portion of the use is 2.5 spaces for each service bay, plus 1 parking space for each employee. # v1 Master Plan Commission Report P: Special Use Permit for motor vehicle sales and service establishment at 3700 Oakton Street 9 of 14

60 Because of the unique operation of the business - smaller sizes of motor vehicles being repaired, lack of large repair lifts and machinery needed to be present on site, and smaller parking spaces required for these types of motor vehicles - the calculation of the parking requirement for a typical motor vehicle sales and service establishment is not strictly applicable in this instance, and staff feels that the parking provided is adequate for the petitioners request. Converting the driveway to the west of the building into a parking area for employees and motorcycles and scooters will create 2 off-street parking spaces for cars on a property where no legal parking spaces previously existed. Because there is insufficient room for a third parking space for a car on the property, the third employee will be permitted to park on the street. While there are other motor vehicle repair and motor vehicle body repair facilities in the neighborhood, this use will have a minimal impact on the parking in the area due to the types of motor vehicles involved in the business, the on-site outdoor parking spaces for scooters and motorcycles, and the space provided indoors to store these vehicles. Two bicycle parking spaces must be installed near the front entrance of the business, as depicted on the Site Plan. A screened and gated trash enclosure that extends above the existing concrete wall to the east side of the garage door is required. Additionally, the 2 existing lots of record that comprise the property must be consolidated by the petitioners into a single new tax parcel. APPEARANCE COMMISSION Appearance Commission review is not required. STAFF RECOMMENDATIONS Staff recommends that the petitioners request for special use permit for a motor vehicle sales and service establishment at 3700 Oakton Street be APPROVED, based upon the Proposed Positive Findings of Fact and subject to the recommended and standard special use permit conditions, and that relief be granted from the parking requirements in Section (4) of the Skokie Village Code. RECOMMENDED SPECIAL USE CONDITIONS 1. A screened and gated trash enclosure that extends above the existing concrete wall to the east side of the garage door is required. 2. Two bicycle parking spaces must be provided in compliance with Section of the Skokie Village Code and locate them as depicted on the approved Site Plan. 3. Prior to the issuance of building permits, the petitioners must submit to the Village of Skokie Community Development Department a Cook County Assessor's Office Petition to Consolidation of Property with associated fees to consolidate property identification numbers and into a single tax parcel or evidence that the petition was submitted to Cook County. # v1 Master Plan Commission Report P: Special Use Permit for motor vehicle sales and service establishment at 3700 Oakton Street 10 of 14

61 4. The special use permit and parking relief shall only apply to the sale and repair of motorcycles, scooters, and other similar vehicles. STANDARD SPECIAL USE CONDITIONS 5. The petitioners must develop the Subject Property in substantial conformance with the final Village approved undated site plan. 6. The storage of boats, trailers, trucks, recreational vehicles, and other vehicles not related to the operation of the motor vehicle sales and service establishment is prohibited. 7. Repair tools, equipment, and parts must not be stored outside of the building at any time. 8. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage, landscaping, structures, and any other facilities or infrastructure on the Subject Property must be maintained in a good state of repair, and when needed, be repaired or replaced in a timely manner. 9. Parking lot and exterior lighting must meet IES standards, be full cut-off design and be directed away from adjacent properties, subject to the approval of the Engineering Division. 10. All off-street parking spaces must be legibly striped and maintained. 11. All modifications to building elevations, signage, and landscaping shall be subject to the review and approval of the Skokie Appearance Commission. 12. All signage must 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. 13. Vehicles must always be parked between, and not overlap, the striped lines of designated parking spaces and must not block driveways, sidewalks, aisles, or other points of access. 14. All private and public sidewalks must be maintained free of snow, ice, sleet, or other objects that may impede travel. 15. All landscaping must be maintained to a maximum height of 30 inches for a distance of 15 feet from any vehicular access point or intersection in order to maintain adequate sight distance. 16. All buildings must meet current International Building and NFPA Life Safety Codes as amended. 17. Prior to the issuance of building permits, the petitioners must submit to the Planning Division of the Community Development Department the name, address, and telephone number of the company and contact person responsible for site maintenance in compliance with the special use permit. 18. If work is to be performed on public property or if public property is utilized or impacted during construction and/or development, the owner shall provide, or shall # v1 Master Plan Commission Report P: Special Use Permit for motor vehicle sales and service establishment at 3700 Oakton Street 11 of 14

62 cause the developer and/or contractor to provide, the Village of Skokie with a certificate of insurance naming the Village of Skokie as additionally insured for any and all claims related to any and all work. The owner shall hold, and shall cause the developer and/or contractor to hold, the Village of Skokie harmless and indemnify the Village for any and all claims for property damage or personal injury related to work on or use of public property. 19. The petitioners shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. 20. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to initiate hearings to determine whether the subject Ordinance, as well as any applicable business licenses, should be revised or revoked. 21. The petitioners 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. ATTACHMENTS 1. Proposed Positive Findings of Fact for P 2. Memorandum from Engineering Division, dated August 24, Site/Floor Plan, undated 4. Plat of Survey, dated August 5, Land Use and Zoning Map # v1 Master Plan Commission Report P: Special Use Permit for motor vehicle sales and service establishment at 3700 Oakton Street 12 of 14

63 Proposed Positive Findings of Fact P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, September 1, Consideration Findings Consideration Findings Consideration Findings The establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, or general welfare; and the proposed building or use at the particular location is necessary or desirable to provide a service or a facility which is in the public interest and will contribute to the general welfare of the neighborhood or community. The proposed motor vehicle sales and service establishment will not be detrimental to or endanger the public health, safety, morals, or general welfare. The use is desirable because there are few other motorcycle repair/sales shops in Skokie at this time, and it will provide a needed service to customers in the Village and area. 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. Unlike many of the other auto sales and service establishments in the surrounding neighborhood, this use will have a minimal impact on the parking in the area due to the types of motor vehicles involved in the business and the fact that space will be provided indoors to store many of the motorcycles and scooters. The conversion of the driveway to the west of the building into a parking area for employees and motorcycles and scooters will create 2 off-street parking spaces on a property where no legal parking spaces previously existed. 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. The proposed motor vehicle sales and service establishment will not unduly restrict the development and use of neighboring properties. # v1 Master Plan Commission Report P: Special Use Permit for motor vehicle sales and service establishment at 3700 Oakton Street 13 of 14

64 4 5 Consideration Findings Consideration Findings 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. The proposed motor vehicle repair and sales business will not be contrary to the primary purpose of the M2 Light Industry district. The use is compatible with other uses and special uses in the adjacent area because there are several other motor vehicle sales and service establishments operating both with and without special use permits in the area at this time. The proposed use and its plan conform to the general intent of the Official Comprehensive Plan. The site is designated as manufacturing/service employment in the Comprehensive Plan. The proposed motor vehicle sales and service establishment conforms to the general intent of the plan. # v1 Master Plan Commission Report P: Special Use Permit for motor vehicle sales and service establishment at 3700 Oakton Street 14 of 14

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68 R2 SINGLE-FAMILY RESIDENTIAL M2 RIDGEWAY AVENUE M2 LIGHT INDUSTRY SUBJECT SITE OAKTON STREET LAWNDALE AVENUE M2 LIGHT INDUSTRY MONTICELLO AVENUE M2 M1 OFFICE ASSEMBLY INDUSTRY CHICAGO TRANSIT AUTHORITY SKOKIE REPAIR SHOPS M3 INDUSTRY VACANT P: 3700 Oakton Street (Special Use Permit) NORTH

69 PLAN COMMISSION REPORT P: Zoning Map Amendment Plan Commission Council Chambers, 8:00 PM, September 19, 2011 To: From: Case: Mayor and Board of Trustees Paul Luke, Plan Commission Chairperson P: Zoning Map Amendment 5116 Suffield Court R2 Single-Family to R3 Combined Housing Related Case P: Site Plan Approval PLAN COMMISSION ANALYSIS During its September 1, 2011 meeting, the Plan Commission heard the request of Rahela and Bretan Petru to rezone 5116 Suffield Court from R2 Single-Family to R3 Combined Housing. The site is currently designated as single family detached residential in Sector B: Dempster West in the Comprehensive Plan, but the Village and a team of consultants led by OKW Architects are working on revisions to the Sector B plan. The property contains an existing 3-unit multifamily residence with no off-street parking and abuts a single-story office complex. The surrounding neighborhood has a mix of housing types that includes detached, townhouse, and 3-unit multifamily residences. The zoning history and the justification for the map amendment are included in the attached Staff Report. Staff supported the map amendment request. The Plan Commission concurred with the Staff recommendation to grant the requested map amendment. There was no discussion from Commissioners regarding the request. INTERESTED PARTIES Legal notice was properly posted, advertised, and delivered as prescribed by the Zoning Ordinance. There were no comments on the map amendment. PLAN COMMISSION RECOMMENDATIONS AND VOTING The Plan Commission recommends, by a vote of 8 ayes and 0 nays, that the petitioner s request to amend the Zoning Map to rezone 5116 Suffield Court from R2 Single-Family to R3 Combined Housing be APPROVED subject to the attached Plan Commission Positive Findings of Fact. ATTACHMENTS 1. Plan Commission Positive Findings of Fact for P, dated September 1, Staff Report for P, dated September 1, 2011 VOSDOCS-# v1-Master_Plan_Commission_Report_for_ P Zoning_map_amendement_for_5116_Suffield.DOC 1 of 8

70 3. Plan Commission Meeting Minutes September 1, Area Residential Building Types map 5. Land Use and Zoning Map for P VOSDOCS-# v1-Master_Plan_Commission_Report_for_ P Zoning_map_amendement_for_5116_Suffield.DOC 2 of 8

71 Plan Commission Positive Findings of Fact P: Map Amendment Community Development Department Council Chambers, 7:30 PM, September 1, Consideration Findings Consideration Findings Consideration Findings Consideration Findings Existing use of property within the general area of the property in question. The existing use is a 3-unit multifamily residence, consistent with the proposed R3 Combined Housing zoning, in an area with a mix of housing types. The zoning classification of property within the general area of the property in question. This property is in a neighborhood with both R2 Single-Family and R3 Combined Housing zoning. The suitability of the property in question to the uses permitted under the existing zoning classification. The existing use is not a permitted or special use under the existing zoning. Because of the lot shape, it is unlikely that this property could be redeveloped as anything other than a single-family detached house. 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 There has been little change in the neighborhood other than a commercial strip mall that replaced another commercial development south of the site. VOSDOCS-# v1-Master_Plan_Commission_Report_for_ P Zoning_map_amendement_for_5116_Suffield.DOC 3 of 8

72 STAFF REPORT P: Zoning Map Amendment Community Development Department Council Chambers, 7:30 PM, September 1, 2011 To: From: Case: Paul Luke, Chairman, Skokie Plan Commission Steve Marciani, AICP, Planning Supervisor P: Zoning Map Amendment 5116 Suffield Court R2 Single-Family to R3 Combined Housing Related Case P: Site Plan Approval General Information Location Purpose Petitioner Size of Site Existing Zoning & Land Use Adjacent Zoning & Land Use Comprehensive Plan 5116 Suffield Court To amend the zoning map from R2 Single-Family to R3 Combined Housing Rahela and Bretan Petru Approximately 7,069 ft 2 (0.16 acres) with feet of frontage on Suffield Court. R2 Single-Family 3-unit multifamily residence North South East West B2 Commercial office building R2 Single-Family & R3 Combined Housing detached, townhouse, and 3-unit multifamily residences B2 Commercial office building R2 Single-Family detached residences and an adjacent 3-unit multifamily residence The property is designated single family detached residential in Sector B: Dempster West in the Comprehensive Plan. STAFF ANALYSIS Rahela and Bretan Petru are requesting a zoning map amendment to rezone 5116 Suffield Court from R2 Single-Family to R3 Combined Housing. The site is currently designated as single family detached residential in Sector B: Dempster West in the Comprehensive Plan, but the Village and a team of consultants lead by OKW Architects are working on revisions to the Sector B plan. The property contains an existing 3-unit multifamily residence with no off-street parking and abuts a single-story office complex. VOSDOCS-# v1-Master_Plan_Commission_Report_for_ P Zoning_map_amendement_for_5116_Suffield.DOC 4 of 8

73 The surrounding neighborhood has a mix of housing types that includes detached, townhouse, and 3-unit multifamily residences. In 1952, the site had been zoned C Two Family. This building received a building permit in March By September 1955, block was down-zoned to R2 Single-Family. A similar building is immediately to the west, also zoned R2. In March 2011, the Village Board, accepting the Plan Commission s recommendation, modified the hierarchy of residential uses and changed the R3 district to Combined Housing. This district is intended to accommodate a mix of lower density housing types including detached, townhouse, and 2-unit multifamily buildings all as permitted uses. Multifamily residence buildings with 3 or more units are special uses. This use is consistent with that zoning amendment. Although the existing building form and the proposed zoning is inconsistent with the comprehensive plan adopted in 1969 and remained unchanged in the modifications approved in 2004, Staff feels that the R3 zoning change is consistent with the newer land use groupings that were adopted with the Sector A: Downtown plan in STAFF RECOMMENDATIONS Staff recommends that the petitioners request to amend the Zoning Map to rezone 5116 Suffield Court from R2 Single-Family to R3 Combined Housing be APPROVED subject to the attached Proposed Positive Findings of Fact. ATTACHMENTS 1. Proposed Positive Findings of Fact for P, dated September 1, Area Residential Building Types map 3. Land Use and Zoning Map VOSDOCS-# v1-Master_Plan_Commission_Report_for_ P Zoning_map_amendement_for_5116_Suffield.DOC 5 of 8

74 Plan Commission Meeting Minutes Date: September 1, 2011 A motion to approve the minutes of the August 18, 2011 meeting was made by Plan Commissioner Stasica and seconded by Commissioner Mitchell. All voted aye. Case Description P Zoning Map Amendment: 5116 Suffield Court Rehela and Bretan Petru request a zoning map amendment to rezone an existing legal non-conforming 2-unit multifamily residence from R2 Single-Family to R3 Combined Housing. (It was discovered during the review of this case that there was an additional legal non-conforming residential unit on the garden level). Discussion and Interested Parties Legal Notice was properly posted, advertised, and delivered to all property owners in the area of the subject site and all occupants within the subject property, as prescribed by the Zoning Chapter. Emanuel and Daniel Maruntel are petitioning for a zoning change from R2 Single-Family to R3 Combined Housing. The property is an existing 3-unit multifamily residence with no off-street parking. The surrounding neighborhood has a mix of housing types including detached, townhouse, and 3-unit multifamily residences. This building received a building permit in early 1955 and was designated as R3 Two-Family. By late 1955, it was down-zoned to R2 Single-Family. In March 2011, the Village Board modified the intent of the R3 district to include a variety of housing types. Detached, townhouse and 2-unit multi-family buildings are all permitted uses and the R3 district was renamed Combined Housing. Multifamily residences buildings with 3 or more units are special uses. Staff feels that the R3 designation is consistent with the newer land groupings that were adopted in In a related case (Case P), the petitioners are requesting a site plan approval to allow a congregate living facility at this residence. Recommendation and Voting The Plan Commission moved to recommend approval of this case based on positive findings of fact. The motion was approved on a vote of 8 ayes, 0 nays and 1 commissioner absent. Motion: Marek Seconded: Laxpati Absent: Gray-Keeler Ayes: 8 Nays: Plan Commission meeting minutes 9/1/2011 Case P

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77 PLAN COMMISSION REPORT P: Site Plan Approval Plan Commission Council Chambers, 8:00 PM, September 19, 2011 To: From: Case: Mayor and Board of Trustees Paul Luke, Plan Commission Chairperson P: Site Plan Approval 5116 Suffield Court 2-unit Congregate Living Facility Related Case P: Zoning Map Amendment PLAN COMMISSION ANALYSIS During its September 1, 2011 meeting, the Plan Commission heard the request of Rahela and Bretan Petru for site plan approval for a 2-unit congregate living facility in an R3 Combined Housing district. The petitioners indicated that the facility would be for persons 55 years old and older in need of 24-hour care; however, this is not a medical facility. Under the provisions of , which regulates congregate living facilities, this use is a permitted use with a state license to operate and the residents intent to stay for at least one year. The use itself is not under consideration in this case. The petitioners intend to use the first and second floor 3-bedroom apartments as the congregate residences for senior citizens. There is also a 1-bedroom legal non-conforming garden apartment in the building. In this case, the congregate living facility is not what is being considered, just that the site is appropriate for 2-units of this use. State licensing is dependant on the approval by Skokie first. The Plan Commission concurred with the staff recommendation to grant site plan approval and that the 4 spaces proposed to be added will satisfy the off-street parking requirement for a 2-unit congregate living facility, bringing the building closer to compliance with the off-site parking requirement. There are currently no off-street parking spaces for the 3 apartment units. The petitioners worked with staff to design a parking lot that meets all standards and provide a net increase in available parking in the area. Two bike parking spaces will also be installed. INTERESTED PARTIES Legal notice was properly posted, advertised, and delivered as prescribed by the Zoning Ordinance. Neighbors testifying had questions about requiring that users of the facility not park on the street, preservation of the larger existing tree on the site, the suitability of running a business at this location, access by emergency vehicles, and had concerns about existing parking problems in the neighborhood. Staff clarified that 4 new spaces will be added that do not currently exist, that the tree is not in the way of the proposed VOSDOCS-# v1-Master_Plan_Commission_Report_for_ P Site_plan_approval_for_2-unit_congregate_living_fac 1 of 18

78 parking lot, and that congregate living facilities, although fee for service, is a considered a residential use, similar to home nursing care that anyone might use in a single unit residences. The petitioners testified that two staff people will be on duty at any given time and that the residents of the facility cannot be driving. Visitors to the facility are scheduled, so there will be 2 parking spaces for guests available. APPEARANCE COMMISSION The Appearance Commission did not need to review this case. PLAN COMMISSION RECOMMENDATIONS AND VOTING The Plan Commission recommends, by a vote of 8 ayes and 0 nays, that the petitioners request for site plan approval for a 2-unit congregate living facility intended to be used for the elderly at 5116 Suffield Court in an R3 Combined Housing district be APPROVED subject to the Plan Commission Positive Findings of Fact and Plan Commission Recommended Conditions listed below. The Plan Commission further determined that the parking requirement for the 2-unit congregate living facility is 4 offstreet parking spaces. ATTACHMENTS 1. Plan Commission Positive Findings of Fact for P, dated September 1, Plan Commission Recommended Conditions for P, dated September 1, Staff Report for P, dated September 1, Plan Commission minutes for September 11, Site and Landscaping Plan, dated July 28, 2011, revised September 7, Floor Plan, from building permit file, numbered Exterior Elevations,, from building permit file, numbered Survey, dated January 4, Land Use and Zoning Map VOSDOCS-# v1-Master_Plan_Commission_Report_for_ P Site_plan_approval_for_2-unit_congregate_living_fac 2 of 18

79 PLAN COMMISSION POSITIVE FINDINGS OF FACT P: Site Plan Approval Community Development Department Council Chambers, 7:30 PM, September 19, 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 has been developed as a 3-unit multifamily residence Required off-street parking will be added that was not previously provided and the use will not unduly aggravated traffic conditions or burden public services. Effect of the proposed site plan will be negligible. 2 Consideration Findings The site design will permit the development and use of neighboring properties in accordance with the applicable district regulations. The site design has not nor will not deter from the development or use of neighboring properties in accordance with the applicable district regulations. VOSDOCS-# v1-Master_Plan_Commission_Report_for_ P Site_plan_approval_for_2-unit_congregate_living_fac 3 of 18

80 PLAN COMMISSION RECOMMENDED CONDITIONS P: Site Plan Approval Plan Commission Council Chambers, 8:00 PM, September 19, The petitioner shall develop the Subject Property in substantial conformance with the final Village approved site and landscape plan revised September 7, Parking lot screening must be maintained in accordance with the Village Code. 3. At least 1 bicycle parking space must be maintained in accordance with the Village Code. 4. The operator of the congregate living facility must obtain a State license and Village occupancy permit. 5. No signage identifying the congregate living facility is permitted on-site. 6. If it is determined that the garden apartment unit is being used for the congregate living facility, it will lose its status as a legal non-conforming residence and will no longer be able to be used as a residential unit. An amendment to this site plan approval would be required to use the lower garden level for the congregate living facility. 7. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, 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) 8. All off-street parking spaces shall be legibly striped and maintained. (Standard) 9. Vehicles shall always be parked between and not overlap the striped lines of designated parking spaces and shall not block driveways, sidewalks, aisles, or other points of access. (Standard) 10. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other objects that may impede travel. (Standard) 11. All objects and landscaping within a 15-foot sight distance triangle shall not exceed 30 inches in height. (Standard) 12. 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) 13. The petitioner shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. (Standard) VOSDOCS-# v1-Master_Plan_Commission_Report_for_ P Site_plan_approval_for_2-unit_congregate_living_fac 4 of 18

81 14. 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-# v1-Master_Plan_Commission_Report_for_ P Site_plan_approval_for_2-unit_congregate_living_fac 5 of 18

82 STAFF REPORT P: Site Plan Approval Community Development Department Council Chambers, 7:30 PM, September 1, 2011 To: From: Case: Paul Luke, Plan Commission Chairperson Steve Marciani, AICP, Planning Supervisor P: Site Plan Approval 5116 Suffield Court 2-unit Congregate Living Facility Related Case P: Zoning Map Amendment General Information Location Purpose Petitioners Size of Site Existing Zoning & Land Use Adjacent Zoning & Land Use Comprehensive Plan 5116 Suffield Court A request site plan approval for a 2-unit congregate living facility in an R3 Combined Housing district and any other relief that may be discovered during the review of this case. Rahela and Bretan Petru, on behalf of Emanuel N. and Daniel Maruntel Approximately 7,069 ft 2 (0.16 acres) with feet of frontage on Suffield Court. R2 Single-Family 3-unit multifamily residence R3 Combined Housing proposed in P North South East West B2 Commercial office building R2 Single-Family & R3 Combined Housing detached, townhouse, and 3-unit multifamily residences B2 Commercial office building R2 Single-Family detached residences and an adjacent 3-unit multifamily residence The property is designated single family detached residential in Sector B: Dempster West in the Comprehensive Plan. SITE INFORMATION The site contains an existing 3-unit multifamily residence with a legal nonconforming garden apartment. There is no off-street parking on-site A public sidewalk exists along Suffield Court. VOSDOCS-# v1-Master_Plan_Commission_Report_for_ P Site_plan_approval_for_2-unit_congregate_living_fac 6 of 18

83 The 250 and 626 Pace bus routes, the 54A and 97 CTA bus routes, and the CTA Yellow Line are within a quarter mile of the site. PETITIONERS SUBMITTAL The petitioners are requesting site plan approval for a 2-unit congregate living facility in an R3 Combined Housing district. The map amendment from R2 to R3 is being considered in P. The petitioner contends: The character of the neighborhood will not change nor will the property values. In fact it will upgrade the neighborhood by making it more peaceful and quiet. The traffic will not be impacted or the public utilities or storm water detention. We will be installing 4 parking spaces surrounded by nice bushes. The public health will not be impacted; in fact we will be opening a place where we can help elderly people. Also, all of our employees will be CPR certified and CNAs so if anyone needs help in the area we will be there to help 24/7. Under the provisions of , which regulates congregate living facilities, this use is a permitted use with a state license to operate and the residents intent to stay for at least one year. The site plan approval is necessary when two or more units are in a building. The petitioners intend to use the first and second floor 3-bedroom apartments as the congregate residences for senior citizens. There is also a 1-bedroom legal nonconforming garden apartment in the building. STAFF ANALYSIS Staff Comment and Review sheets were sent to all pertinent departments. Staff comments on the subject case were received from the Engineering Division. All other departments returned the sheets with no comments. Engineering Division Engineering has no objection to the request. Presently, there are no off-street parking spaces provided, but 4 spaces are proposed to be added with access to Suffield Court. Staff feels these will satisfy the off-street parking requirement for a 2-unit congregate living facility. Planning Division Planning is supportive of the petitioners request. Staff does not feel that the conversion of these two residential units to senior congregate residences will negatively impact the neighborhood. New off-street parking will be provided for the two units that are changing use, bringing the building closer to compliance with the off-site parking requirement. The building was built without off-street parking. Under the current VOSDOCS-# v1-Master_Plan_Commission_Report_for_ P Site_plan_approval_for_2-unit_congregate_living_fac 7 of 18

84 requirements, 6 parking spaces would be required for two 3-bedroom and one 1- bedroom multifamily residences. As a condition of the site plan approval the petitioners must comply with and obtain a state license to operate the facility and obtain a Village occupancy permit. The facility is within reasonably close proximity to public transportation and other services. The garden apartment is non-conforming because it contains a below-grade bedroom. The garden apartment can only be used as a continuously occupied multifamily residence and cannot be used for part of either congregate living facility. If it is determined that the unit is being used for the congregate living facility, not only would in be in violation of the site plan approval is it is presented by the petitioner, but it also will lose its status as a legal non-conforming residence and will no longer be able to be used as a residential unit. Bicycle parking requirements will be applied to the site as a whole, and at least one bike parking space must be installed in accordance with The petitioners worked with staff to design a parking lot that meets all standards and provide a net increase in available parking in the area. APPEARANCE COMMISSION The Appearance Commission did not need to review this case. STAFF RECOMMENDATIONS Staff recommends that the petitioners request for site plan approval for a 2-unit congregate living facility intended to be used for the elderly at 5116 Suffield Court in an R3 Combined Housing district be APPROVED subject to the attached Positive Findings of Fact and Recommended Site Plan Approval Conditions listed below. Staff further recommends that the Plan Commission determine that the parking requirement for the 2-unit congregate living facility is 4 off-street parking spaces. RECOMMENDED SITE PLAN APPROVAL CONDITIONS 1. Prior to the hearing before the Board of Trustees, the petitioners shall submit to the Planning Division a revised site plan adding at least 1 bicycle parking space in accordance with and The petitioner shall develop the Subject Property in substantial conformance with the final Village approved site and landscape plan dated XXX. [date to be added] 3. Parking lot screening must be maintained in accordance with the Village Code. 4. At least 1 bicycle parking space must be maintained in accordance with the Village Code. VOSDOCS-# v1-Master_Plan_Commission_Report_for_ P Site_plan_approval_for_2-unit_congregate_living_fac 8 of 18

85 5. The operator of the congregate living facility must obtain a State license and Village occupancy permit. 6. No signage identifying the congregate living facility is permitted on-site. 7. If it is determined that the garden apartment unit is being used for the congregate living facility, it will lose its status as a legal non-conforming residence and will no longer be able to be used as a residential unit. An amendment to this site plan approval would be required to use the lower garden level for the congregate living facility. 8. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, 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 off-street parking spaces shall be legibly striped and maintained. (Standard) 10. Vehicles shall always be parked between and not overlap the striped lines of designated parking spaces and shall not block driveways, sidewalks, aisles, or other points of access. (Standard) 11. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other objects that may impede travel. (Standard) 12. All objects and landscaping within a 15-foot sight distance triangle shall not exceed 30 inches in height. (Standard) 13. 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) 14. The petitioner shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. (Standard) 15. 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-# v1-Master_Plan_Commission_Report_for_ P Site_plan_approval_for_2-unit_congregate_living_fac 9 of 18

86 ATTACHMENTS 1. Proposed Positive Findings of Fact for P 2. Site and Landscaping Plan, dated July 28, Floor Plan, from building permit file, numbered Exterior Elevations,, from building permit file, numbered Survey, dated January 4, Land Use and Zoning Map VOSDOCS-# v1-Master_Plan_Commission_Report_for_ P Site_plan_approval_for_2-unit_congregate_living_fac 10 of 18

87 Plan Commission Meeting Minutes Date: September 1, 2011 A motion to approve the minutes of the August 18, 2011 meeting was made by Plan Commissioner Stasica and seconded by Commissioner Mitchell. All voted aye. Case Description P Site Plan Approval: 5116 Suffield Court Rehela and Bretan Petru, on behalf of Emanuel N. and Daniel Maruntel, request site plan approval for a 2-unit congregate living facility in an R3 Combined Housing district and any other relief that may be discovered during the review of this case. (It was discovered during the review of this case that there was an additional legal non-conforming residential unit on the garden level). Discussion and Interested Parties Legal Notice was properly posted, advertised, and delivered to all property owners in the area of the subject site and all occupants within the subject property, as prescribed by the Zoning Chapter. Emanuel and Daniel Maruntel and Renée Sutera presented the case. They are requesting to operate a non-medical group home in both the 1 st & 2 nd floor units of this multifamily residence helping seniors 55 years and older with their daily living needs. They are in the process of obtaining licensing from the Illinois Department of Public Health which will regulate the number of clients they can assist. The petitioners are Certified Nurse Assistants that are also CPR and EMT certified. The residents are ambulatory, can eat, bathe and carry on conversations on their own. The clients are recommended from hospitals and other health care agencies. According to the Planning Supervisor, the use is permitted as long as it meets certain criteria such as being licensed by the state and intent to house clients for at least a year. It is no different than elderly people having a caretaker 24 hours a day in their own home. The new 4-space off-street parking area as well as some landscaping will bring the building closer to conformance to Village Code. No signage is allowed and the building must remain looking as a residential 3-flat. One Plan Commissioner inquired if they had any experience managing a facility. Daniel Maruntel stated that he has 2 years experience working at Rush North Shore Hospital as a CNA. Another Plan Commissioner inquired about the staffing of the group home. It will be a 24/7 operation with 1 employee in each unit for every shift. This business is family owned with 14 members so it will be unlikely to have a shortage of workers. Another commissioner made a motion to accept the staff report as written. The Planning Supervisor interjected that he would like to amend Condition #1 requiring only 1 bicycle parking space. He also stated that the garden unit cannot be used as part of the group home and must continue as a multifamily residence Plan Commission meeting minutes 9/1/2011 Case P

88 Suresh De Costa, 5125 Suffield Ct., talked about the difficult parking situation on their block. He was concerned that street parking will be used as well as the 4 new spaces for 12 residents and 2 workers. Victoria Aziz, 5117 Suffield Ct., also mentioned the parking problem. People from the office building across Gross Point Road park their cars on Suffield Ct. The buildings are residential and should not be used for running a business. Bob Deppen, 5136 Suffield Ct. considers this a business use in a residential neighborhood. The Community Development Director stated that the Village is required to allow this residential use which is protected by state and federal law. The only reason for the Plan Commission hearing is because there are 2 units in the building. Maria Pitzmeyer, 5135 Suffield Ct., does not oppose the care that will be provided but that type of care does not fit in a residential neighborhood. Ms. Pitzmeyer does not believe that 4 off-street parking spaces are sufficient and traffic congestion will result on Suffield Ct. Since the Fire Department and ambulances use Suffield Ct. as a main road, she is concerned that they will not be able to get through the street. She also asked about inspections and health risks. The Building, Fire, and Health Departments schedule inspections twice a year. IDPH does its own inspections bi-annually as well. One Plan Commissioner suggested that perhaps something can be worked out using the huge parking lot of the office building next door. He also verified that the number of clients that they can care for is established by the state with the maximum being 12. In their rebuttal, the petitioners stated that the neighbors will not be negatively impacted by this group home as the residents do not drive and visitation must be scheduled. They also re-stated that the facility will be non-medical; assisting clients with meals, house cleaning, medication reminders, etc. If a client needs additional care, a different type of facility would be recommended. Recommendation and Voting The Plan Commission moved to recommend approval of this case based on positive findings of fact. The motion was approved on a vote of 8 ayes, 0 nays and 1 commissioner absent. Motion: Laxpati Seconded: Mitchell Absent: Gray-Keeler Ayes: 8 Nays: Plan Commission meeting minutes 9/1/2011 Case P

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94 LARAMIE AVENUE GROVE SUFFIELD R2 SINGLE-FAMILY RESIDENTIAL R2 SINGLE-FAMILY RESIDENTIAL R2 SINGLE-FAMILY RESIDENTIAL STREET R3 GREENWOOD STREET R3 TWO-FAMILY RESIDENTIAL PRINTING COMPANY SUBJECT SITE COURT GROSS POINT ROAD P: 5116 Suffield Court (Site Plan Approval) M2 OFFICE BUILDING B2 OFFICE BUILDING M1 PUBLIC PARK M2 CAR WASH M2 LIGHT INDUSTRY R4 NORTH