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VILLAGE BOARD OF TRUSTEES
REGULAR MEETING NOTICE /AGENDA
TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER
SCANLON CONFERENCE ROOM
SEPTEMBER 22, 2014
6:00 pm
('The hour between 6 :00 and 7 :00 pm is set aside for Executive Session
per 1 -5 -7A of the Village of Morton Grove Municipal Code.
If the Agenda does not include an Executive Session, the meeting will begin at 7: 00 pm.)
1. Call to Order
2. Pledge of Allegiance
3. Executive Session (if requested)
a. Review of Executive Session Minutes
THE BALANCE OF THE MEETING SHALL COMMENCE AT 7 :00 PM
IN THE COUNCIL CHAMBERS
OF THE RICHARD T. FLICKINGER MUNICIPAL CENTER
4. Reconvene Meeting
5. Pledge of Allegiance
6. Roll Call
7. Approval of Minutes — September 8, 2014
8. Special Reports
a. Plan Commission Case PC 14-14 Proposes a Text Amendment to Section 12 -17 -1 of the Unified
Development Code (Ord 07 -07) to Modify the Definition of "Entertainment Uses" to be
,_.-Presented by Plan Commission Chairperson Ron Farkas
Richard T. Flickinger Municipal Center
6101 Capulina Avenue o Morton. Grove. Illinois 60053 -2985
Tel: (847) 965 -4100 ® TDD (847) 470 -5249 ® Fax: (847) 965 -4162
Recycled Paper
8. Special Reports (continued)
b. Plan Commission Case PC 14-15 Requests a Special Use Permit for `Entertainment Uses" in
Accordance with Section 12 -4 -4E of the Unified Development Code (Ord 07 -07) at the Address
Commonly Known as 8120 Lehigh Avenue
9. Public Hearings
10. Residents' Comments (agenda items only)
11. President's Report — Administration, Northwest Municipal Conference, Council of Mayors, Strategic
Plan, Comprehensive Plan
a. Resolution 14 -46 (Introduced September 22, 2014)
Authorizing a Notice of Proposed Rulemaking Proceedings "Hazardous Materials: Enhanced
Tank Car Standards and Operational Controls for High- Hazard Flammable Trains" Which is
Currently before the Pipelines and Hazardous Materials Safety Administration in Docket No.
PHMSA -2012 -0082 (HM -251)
b. Mayoral Update /Review
12. Cleric's Report — Community Relations Commission
13. Staff Reports
a. Village Administrator
1) Miscellaneous Reports and Updates
Corporation Counsel
14. Reports by Trustees
a. Trustee Grear — Fire Department, Emergency Management Agency, RED Center, Fire and
Police Commission, Police Department, Police Facility Committee, Chamber of Commerce
(Trustee Witko)
b. Trustee Marcus — Advisory Commission on Aging, Family and Senior Services Department,
Finance Advisory Commission, Condominium Association, Social Service Committee (alternate)
(Trustee Toth)
C. Trustee Pietron Appearance Commission, Building Department, IT Communications,
Community and Economic Development Department, BrandingfMarketing (Trustee Thill) _.
14. Reports by Trustees (continued)
d. Trustee Thill — Public Works Department, Solid Waste Agency of Northern Cook County,
Traffic Safety Commission, Waukegan Road TIF, Lehigh /Ferris TIF, Dempster Street Corridor
Plan (Trustee Pietron)
1) Ordinance 14 -19 (Introduced September 8, 2014) (Second Reading)
Amending Title 5, Chapter 13, Article A -2 and Title 5, Chapter 13, Article A -4, Entitled
Traffic Schedules of the Municipal Code of the Village
2) Resolution 14 -47 (Introduced September 22, 2014)
Authorizing the Purchase of 5,500 Tons of Roadway Salt
3) Resolution 14 -48 (Introduced September 22, 2014)
Authorizing the Sale of Surplus Property Owned by the Village on Tuesday October 14
2014, Through the Northwest Municipal Conference /Manheim Auction Services
e. Trustee Toth — Finance Department, Capital Projects, Environmental Health, Natural Resource
Commission (Trustee Marcus)
f. Trustee Witko — Legal, Plan Commission /Zoning Board of Appeals, NIPSTA, Strategic Plan
Committee, Economic Development Commission, Social Service Committee (Trustee Grear)
1) Ordinance 14 -18 (Introduced September 8, 2014) (Second Reading)
Amending the Village's Unified Development Code, Sec. 12 -3 -5, to Modify Regulations
Regarding Fences within Front Yard Setbacks
2) Ordinance 14 -20 (Introduced September 22, 2014) (Request to Waive Second Reading)
Approving a Special Use Permit for an Entertainment Use to Allow for the Operation of a
Performance Arts Studio with Ancillary Instructional Courses at 8120 Lehigh Avenue
3) Ordinance 14 -21 (Introduced September 22, 2014) (Request to Waive Second Reading)
Minor Amendment to Ordinance 11 -27 Granting a Special Use Permit to Allow an
Entertainment Use for al-Taunted House at the Property Located at 8820 N. Austin
Avenue
4) Ordinance 14 -22 (Introduced September 22, 2014) (Request to Waive Second Reading)
Amending the Village's Unified Development Code, Sec. 12 -17 -1, to Modify the
Definition of "Entertainment Uses"
15. Other Business
16. Presentation of Warrants: " "$717,533.73
17. Residents' Comments
18. Executive Session -- Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate
19. Adjournment -To ensure All accessibility and equal participation for all interested citizens, individuals with disabilities
who plan to attend and who require certain accommodations in order to observe and/or participate in this meeting, or who
have questions regarding the accessibility of these facilities, are requested to contact Susan or Marlene (8471470 -5220)
promptly to allow the Village to make reasonable accommodations.
IV
V
CALL TO ORDER /PLEDGE OF ALLEGIANCE
Village President Daniel P. DiMaria called the meeting to order at 6:00 p.m. in the Scanlon
Conference Room. After leading the assemblage in the Pledge of Allegiance, he directed the
Clerk to call the roll.
ROLL CALL
Village Clerk Ramos called the roll. Present were: Trustees Bill Grear, Sheldon Marcus, John
Pietron, John Thill, Maria Toth, and Janine Witko. All present were the following staff mem-
bers: Village Administrator Ryan J. Horne, Corporation Counsel Teresa Hoffman Liston, Fire
Chief Tom Friel, Police Chief Michael Simo.
EXECUTIVE SESSION
Trustee Toth moved to adjourn to Executive Session at 6:01 pm to discuss personnel matters,
labor negotiations, real estate acquisitions, and collective bargaining. Trustee Marcus
seconded the motion.
Tr. Grear aye Tr. Marcus aye Tr. Pietron aye
Tr. Thill aye Tr. Toth aye Tr. Witko aye
Motion passed: 6 ayes, 0 nays, 0 absent
At the conclusion of the Executive Session, Trustee Toth moved to close the Executive Ses-
sion at 6:43 pm and recess until 7:00 pm when to the regular meeting would begin. Trustee
Marcus seconded the motion which passed unanimously via voice vote.
w
Village President Dan DiMaria reconvened the meeting at 7:00 pm and led the assemblage in
the Pledge of Allegiance. Clerk Ramos once again called the roll. Present were: Trustees Bill
Grear, Sheldon Marcus, John Pietron, John Thill, Maria Toth, and Janine Witko.
PtOW01061VTIMUOTOW i][11101-11
a. Regarding the Minutes of the August 11, 2014, Regular Board Meeting, Trustee Toth
moved, seconded by Trustee Grear, to accept the minutes as presented. There being
no discussion, a motion to approve the minutes passed unanimously via voice vote.
SPECIAL REPORTS
a. Fire and Police Commission Chairperson Mike Simkins conducted the swearing in cer-
emony for a new Fire Lieutenant Dennis Kennedy. Mr. Simkins outlined the new Lieu-
tenant's many accomplishments during his memorable career. The new Lieutenant
i; Minutes of S'eptember,$ 2014, Board Meeting'
Kennedy along with his family were present to witness his swearing -in. Fire Chief Tom
Friel along with Trustee Grear and Mayor DiMaria gathered to witness the swearing -in.
His father, also a firefighter, was present to pin the new badge on his son. Lieutenant
Kennedy was also presented with a new fire helmet (which was red) to signify his new
position. Chief Friel welcomed Lieutenant Kennedy to his new position and stated the
fire service has 200 years of tradition that goes into each advancement.
Mr. Ron Farkas, Chairperson of the Plan Commission /Zoning Board of Appeals pre-
sented Plan Commission Case PC14 -13. He stated on August 18, 2014, a public
hearing was conducted regarding this case which requests approval of a text amend-
ment to the Unified Development Code to allow for some limited by -right fencing within
front and street side yards with certain restrictions. Currently, the Village Code does not
permit fences in any part of the front yard which includes any side or rear yard that ab-
uts a street since these are classified as "front yards ". It was noted bushes /shrubbery
are also considered fencing in terms of line of sight and height restrictions in the Code.
Mr. Farkas noted that recently there was a trend for property owners to seek variations
to allow for a fence within the "required front yard ". Therefore, a text amendment to al-
low for some limited by -right fencing within the street side /front yards is being requested
so long as pedestrian and vehicular safety is not impeded.
Trustee Grear expressed concern about vegetation being included and those restric-
tions and that they must be less than 42" in height. Trustee Thill inquired as to why
chain link fencing was outlawed. Mr. Farkas stated it was purely for aesthetic reasons.
Community and Economic Development Director Nancy Radzevich stated the current
definition includes all existing situations and the chain link fence is not within the scope
of proposed streetscape design standards.
Mr. Farkas then stated at the conclusion of the public hearing held by the Plan Com-
mission /Zoning Board of Appeals, the motion to allow this text amendment was passed
with one abstention and one absent.
C. Police Chief Michael Simo Presented the Village's Community Outreach Taskforce.
The two members are Officers Gina Cameron and Adam Tabor. Both have extensive
training and background in meeting with residents, reducing crime, setting up neighbor-
hood watch programs, visiting with school aged children and elder adults to create safer
and more informed residents. Chief Simo stated this program will be under the direction
of Commander Paul Yaras and it is anticipated to be up and operational soon.
Mayor DiMaria congratulated the team and stated they all have great credentials as do
so many of our police officers. Trustee Thill was hopeful this team will be proactive in
helping to prevent burglaries in the area.
There was no public hearing held this evening.
VII. RESIDENTS' COMMENTS (Agenda Items Only)
a. Resident Ellie Davis stated the Village needs a full -time social worker. She thanked
Mary Senn from the North Shore Senior Center for helping her and her partner. She al-
so thanked Mind Matters for their help. She felt the Village needed at least two full -time
social workers to deal with the workload and was hopeful if the investment was made
Minutes & September % 2014, Board Meeting
that more adult residents would use this service.
b. Resident Larry Strybel suggested fences be tapered down to less than 42" so there are
site lines out of alleys and at the end of streets so cars can actually see over. Ms. Rad-
zevich noted this suggestion.
VIII. PRESIDENT'S REPORT
a. Mayor DiMaria introduced and read a Constitution Week Proclamation which will run
from September 17 -23, 2014. It was noted, this year marks the 2271" anniversary of the
drafting of the U.S. Constitution.
b. Mayor DiMaria then introduced and read a proclamation proclaiming Chamber of Com-
merce Week which will be held from September 8 through September 14, 2014. This
year marks the 95th anniversary of the founding of the Illinois Chamber of Commerce.
The document was presented to Ms. Janine Como from the Morton Grove Chamber of
Commerce.
Mayoral Review /Update. Mayor DiMaria stated the Village lost a 41 year resident this
past week. Mr. Lee Tamraz devoted many hours to the Traffic Safety Commission as
well as other worthwhile work during his years as a resident. There was a moment of
silence for Mr. Tamraz.
IX. CLERK'S REPORT
X
Clerk Ramos had no formal report.
STAFF REPORTS
a. Village Administrator
1) Miscellaneous Reports and Updates.
Mr. Horne noted a Commonwealth Edison transformer will be moving
through town on the morning of September 20, 2014. This large structure
will take a slow and steady route and may cause some traffic congestion.
Mr. Horne also noted Commonwealth Edison has been working on storm
mediation and will continue as this season draws to a close.
Mr. Horne then introduced Ms. Connie Travis who is the head of the newly
created Social Services Committee. Ms. Travis, along with her committee
presented a detailed report to the Village Board. They highlighted their vari-
ous accomplishments which begin this past March 2014. She noted prior to
their first meeting the Committee received a binder from the North Shore
Senor Center (NSSC) which detailed their services to the residents of the Vil-
lage. While the Committee was unable to obtain feedback from the NSSC,
they continued on their task. It was noted the previous Morton Grove Social
Worker provided crisis intervention and many referrals were made. Ms. Tra-
vis noted the Committee has reached out to the community as a whole by
sending out a survey which appeared in hard copy as well as on various so-
cial media venues. This survey focused on identifying if the responder had
ever used Village social services, what type of services they had used, their
satisfaction with those services, the types of services they felt were most im-
Minutes of September 8, 2014, Board Meeting
portant for the Village to provide, the types of educational programs or topic
specific programs the responder /resident might be interested in attend-
ing /receiving and the best way to inform residents about services. The sur-
vey identified the five most important services to the responders /residents as
domestic violence counseling and support, short term counseling for teens
and seniors, counseling and support for fire and police with crisis intervention
services, and substance abuse counseling. Work also continued with the
NSSC in the hopes they would not seek to terminate their senior program
contract with the Village; however due to staffing issues they ended their
contract on September 1, 2014. Following the Committee's own discussions
and feedback it was felt that regardless of how services were to be provided
to Village residents, the scope of social services should be narrowed to the
following areas: Crisis intervention, police and fire departmental intervention
and follow -up, community outreach, financial assistance, referral services,
and short term intervention. There was also a discussion on partnering with
another agency or Village but that has proven to be unsuccessful. The
committee therefore recommended the following to the Village Board. The
Village hire a social worker whose job will be to provide crisis intervention
services, police and fire service follow -up, community outreach, financial as-
sistance services, serve as a referral source, and provide short -term coun-
seling.
Mr. Horne noted the Village has employed a social worker through Gov -
Temps so there would be no interruption in social services. This position is
now covered through the end of the year since NSSC has pulled out.
Mayor DiMaria then thanked the Committee for their great volunteer work.
Trustee Grear thanked not only the Committee but Trustee Witko for their
due diligence. Trustee Marcus also thanked the Committee. He was how-
ever frustrated they were not able to get the information on crisis interven-
tion. He felt there had been a communication problem between NSSC and
the Village and he was disappointed NSSC's contract could not be extended
for an additional year. He stated it was important to have resident participa-
tion and thanked everyone who gave of their time and talents. Trustee Pie -
tron was initially skeptical as to whether this Committee could meet his ex-
pectations. He is impressed with their work and objectivity, and thanked
them for their service to the Village. Trustee Thill was disappointed there
were only 85 survey returns out of 9500 households in the Village. He wants
to make sure the Village is not duplicating services that are already being
provided in the area. He felt more discussion is needed before a final de-
termination is made regarding social services. Mayor DiMaria agreed ser-
vices are needed that will best serve residents. Trustee Toth thanked the
Committee and reiterated Trustee Marcus's sentiments that she was disap-
pointed in the communication between the Village and the NSSC. She felt it
important to keep the Committee in place and continue to research alterna-
tives to this situation. Trustee Witko was proud of the Committee's work.
Trustee Grear felt on -site crisis and intervention was critical within the com-
munity. In the past, over 600 residents had received referrals. He agrees
this Committee needs to continue their work. Mr. Horne stated the short
term need has been met with no lapse of service. He is hopeful additional
data will be made available for the Village Board's perusal in the very near
future.
0
XI
,;. 'Minutes of September
8, 2014, Board Meeting
Corporation Counsel
Corporation Counsel had no formal report.
REPORTS BY TRUSTEES
Trustee Grear
Trustee Grear had no formal report.
b. Trustee Marcus
Trustee Marcus noted this week was the anniversary of 9 -11 and asked for a moment of
silence to remember all those who lost their lives that day. A moment of silence was
then taken,
C. Trustee Pietron
Trustee Pietron thanked the Police, Fire, and Public Works crews for all their hard work
during this storm season. He particularly thanked them for their efficient work this past
weekend.
d. Trustee Thill
Trustee Thill noted a number of individuals had come to him about the rising cost of wa-
ter. He noted the following resolutions would deal with replacing water lines that are
more than sixty years old. Eighty -eight water leaks have been repaired this year so far.
He noted the Village needs to continue to invest in its infrastructure.
1) Trustee Thill presented Resolution 14 -42, Authorizing the Execution of a
Contract with Bolder Contractors, Inc. for the Caldwell Avenue 12 inch and
20 inch Water Main River Crossing Project. Trustee Thill stated this work will
replace an existing water main which distributes water to the east side of the Vil-
lage. This work will conform to the Illinois Prevailing Wage Act with an esti-
mated contract value of $1,182,377; however, the final contract amount with
Bolder Contractors, Inc. will be based on the actual quantity of work performed.
This contract will also allow for unforeseen changes or changes deemed appro-
priate by staff to be in the best interest of the Village up to seven percent of the
awarded contract amount.
There being no questions or concerns, Trustee Thill moved to adopt Resolution
14 -42, seconded by Trustee Piertron.
Tr. Grear aye Tr. Marcus aye Tr. Pietron aye
Tr. Thill aye Tr. Toth aye Tr. Witko aye
Motion passed: 6 ayes, 0 nays, 0 absent
2) Trustee Thill presented Resolution 14 -43, Authorizing the Execution of a
Contract with Ciorba Group, Inc. for Construction Engineering Services for
the Caldwell Avenue 12 inch and 20 inch Water Main River Crossing
Project. He stated Ciorba Group, Inc. will perform engineering services and will
document construction activities for this project. It is anticipated this work will
cost approximately $74,790.00.
Minutesof September 8 ,2014, Board Meeting
There being no questions or concerns, Trustee Thill moved to adopt Resolution
14 -43, seconded by Trustee Toth.
Tr. Grear aye Tr. Marcus aye Tr. Pietron aye
Tr. Thill aye Tr. Toth aye Tr. Witko aye
Motion passed: 6 ayes, 0 nays, 0 absent
3) Trustee Thill presented Resolution 14 -44, Authorizing the Execution of a
Contract with Ciorba Group, Inc. for a Preliminary Engineering Services for
the Sayre- Foster Drainage Study. Trustee Thill stated Ciorba Group, Inc. will
provide preliminary engineering services to study the current street flooding situ-
ation at the intersection of Sayre Avenue and Foster Street to develop potential
countermeasures to reduce or eliminate the effects of this flooding. He noted
this low -lying intersection experiences street flooding during storm events which
have occurred over the past few years. This area relies solely on a storm sewer
to convey the stormwater from the intersection. Numerous properties as a result
have experienced substantial damage due to the flooding. This has happened
at least five times during the past five years. The end work product from this
study is intended to be a technical memorandum which could be used by the Vil-
lage to evaluate the needs and priorities relative to other capital projects, and to
ultimately advance this project to an engineering design phase. The contract
amount is estimated to be $21,698.10.
There being no questions or concerns, Trustee Thill moved to adopt Resolution
14 -44, seconded by Trustee Pietron.
Tr. Grear aye Tr. Marcus aye Tr. Pietron aye
Tr. Thill aye Tr. Toth aye Tr. Witko aye
Motion passed: 6 ayes, 0 nays, 0 absent
4) Trustee Thill then presented Ordinance 14 -19, Amending Title 5, Chapter 13,
Article A -2 and Title 5, Chapter 13, Article A -4, Entitled Traffic Schedules of
the Municipal Code of the Village. Trustee Thill explained this is the first read-
ing for this ordinance. The Traffic Safety Commission received and reviewed a
request for a four -way stop sign intersection (rather than the two -way stop inter-
section currently in place) on Greenwood Avenue at its intersection with Ottawa
at its August 7, 2014, meeting. At the conclusion of the presentation the Com-
mission voted in favor of the petitioner's request.
The second reading for Ordinance 14 -19 will be held on September 22, 2014,
when a roll call vote will be taken by the Village Board.
e. Trustee Toth
Trustee Toth had no formal report.
f. Trustee Witko
1) Trustee Witko presented Ordinance 14 -18, Amending the Village's Unifed
Development Code, Sec. 12 -3 -5, to Modify Regulations Regarding Fences
within Front Yard Setbacks. As noted under the Plan Commission /Zoning
Minutes of September 8, 2014, Board Meeting
Board of Appeals report, this text amendment will allow for fences in front
yard /side yard setbacks with certain restrictions. The Plan Commission voted in
favor of this change with the noted restrictions.
The second reading for Ordinance 14 -18 will be held on September 22, 2014,
when a roll call vote will be taken by the Village Board.
2) Trustee Witko presented Resolution 14 -45, Authorizing the Execution of an
Agreement between GovTemp USA, LLC and the Village to Provide a Li-
censed Clinical Social Worker through December 31, 2014. This appointment
will fill an immediate need for a social worker for the Village since North Shore
Senior Center opted to terminate their contract with the Village effective Sep-
tember 1, 2014. The Village has previously used GovTemp USA, LLC and been
happy with the qualification of the individuals they have provided. The tempo-
rary social worker will be her until the end of the year. In the meantime, the Vil-
lage will continue to assess the need for social services and how best to fill this
need for the Village. GovTemps will be paid a sum of $26,460 for the use of the
social worker through the duration of the 2014 calendar year.
There being no questions or concerns, Trustee Witko moved to adopt Resolu-
tion 14 -45, seconded by Trustee Grear.
Tr. Grear aye Tr. Marcus aye Tr. Pietron aye
Tr. Thill aye Tr. Toth aye Tr. Witko aye
Motion passed: 6 ayes, 0 nays, 0 absent
OTHER BUSINESS
rellM
XIII. WARRANTS
Trustee Toth presented the Warrants for August 25, 2014, in the amount of $899,330.37. She
moved to approve the Warrants which was seconded by Trustee Witko.
Tr. Grear aye Tr. Marcus aye Tr. Pietron aye
Tr. Thill aye Tr, Toth aye Tr. Witko aye
Motion passed: 6 ayes, 0 nays, 0 absent
Trustee Toth presented the Warrants for September 8, 2014, in the amount of $145,693.37.
She moved to approve the Warrants which was seconded by Trustee Pietron.
Tr. Grear aye Tr. Marcus aye Tr. Pietron aye
Tr. Thill aye Tr. Toth aye Tr. Witko aye
XIV. RESIDENTS' COMMENTS (non- agenda items)
The following resident comments were made on non - agenda items.
1) Resident Lovie Varughese spoke regarding the recent death of her son at college. He
was missing and found dead. She noted her distress and lack of answers regarding
811inuts of Setembee8,014, Board e�eetirt
this event. She asked the Village for their help since this situation has been both physi-
cally and mentally draining. She presented petitions and letters to the Mayor asking for
help. The Mayor stated the Village will do what it can.
2) Resident Donna Hedrick spoke on behalf of the Morton Grove Historical Society. She
stated there will be an old fashioned dinner held on October 5, 2014. The cost is $25
and there will be a raffle.
XV& ADJOURNMENT /EXECUTIVE SESSION
XVI.
There being no further business to come before the Board, Trustee Marcus moved to adjourn
the meeting at 8:29 pm. Trustee Thill seconded the motion which was unanimously approved
via voice vote.
PASSED this 22nd day of September 2014
Trustee Grear
Trustee Marcus
Trustee Pietron
Trustee Thill
Trustee Toth
Trustee Witko
APPROVED by me this 22nd day of September 2014
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office
this 23rd day of September 2014.
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
Minutes by Susan Lattanzi
8
Village of Morton e
Department of • Development
To: Village President and Board of Trustees
From: Ronald L. Farkas, Chairperson, Plan Commission
Fancy Radzevich, AICP, Community and Economic Development Director
Dominick A. Argumedo, AICP, Zoning Administrator /Land -Else Planner
61191M
Re: PC14-14 — Proposed Text Amendment to Section 12-17-1 of the Morton
Grove Unified Development Code (Ordinance 07-07) to modify the definition
of "Entertainment Uses"
Commission Report
Public Hearing Notice
The Village provided Public Notice for the September 15, 2014 Plan Commission public hearing for
PC 14 -14 in accordance with the Unified Development Code. The Pioneer Press published the
public notice on August 28, 2014. As this request is for a text amendment, not a request for a
specific site, no public notice signs or notification letters were required.
Background and Application Overview
Virtuoso Performing Arts LLC (VPA) filed an application requesting an amendment to the
"Entertainment Uses" definition to clarify the inclusion of the performing arts center uses, with an
instructional accessory use. In conjunction with the text amendment application, VPA submitted a
special use application (PC 14 -15) to operate a Performance Arts Studio at 8120 Lehigh Road.
When VPA approached staff about relocating their performing arts studio from 8700 Waukegan
Road to 8120 Lehigh Avenue, staff determined that although this type of use could fall under the
existing definition of an Entertainment Use, the associated, accessory performance
training /education component should be added to the Entertainment Uses definition to distinguish
performing arts centers, which focus on performance and preparation thereof versus schools.
Upon submission by VPA of the proposed text amendment and subsequent review, staff
determined that it was unnecessarily cumbersome. As such, Community and Economic
Development staff in consultation with Corporation Counsel proposed the following revised
definition:
,y
r � - • r • • • i r • •; .
sRecifically excluded from this definition
September 15, 2014 Public Hearing
Dominick Argumedo, Zoning Administrator /Land -Use Planner, provided an overview of the Plan
Commission staff memorandum dated September 10, 2014 (Attachment A).
Board Report- September 17, 2014
PC #14 -14: Text Amendment/ Entertainment Uses
Mr. Argumedo noted the Village created the "Entertainment Uses" definition and use classification
(Ordinance 11 -26) in 2011. The definition was created in conjunction with the application for and
subsequent approval of a special use permit to allow the Big City Entertainment, LLC to operate
the Fear City haunted house. Although the Village Code includes a definition for "Amusement
Establishment," it was determined that facilities like Fear City were distinctive from those that
would fall under that definition due to their potentially high traffic /parking demands. Big City
Entertainment filed an application for an amendment to the code to create a new land use
definition for "Entertainment Uses." The subsequent ordinance established "Entertainment Uses"
as a special use within the M2 District.
Mr. Argumedo provided an overview of the interaction between VPA and staff in the development
of the proposed "Entertainment Uses" definition modification before the Plan Commission. Mr.
Argumedo also talked of how the proposed "Entertainment Use" modification would be compatible
with the Morton Grove Industrial Areas Plan's overall vision for the M1 Restricted Manufacturing
and M2 General Manufacturing Districts. The Industrial Areas Plan calls for the area to be
"...primarily used for manufacturing, wholesale trade and other industrial and office uses." Mr.
Argumedo noted that this plan also recognizes that there may be some complementary uses
permitted in the MI and M2 district as the language states primarily not exclusively. As
Entertainment Uses would remain a special use, the Village would have additional scrutiny over
potential entertainment use applications to ensure they complement adjacent uses, do not
adversely impact surrounding uses, and do not distract from the overall primary purpose of the
M1 and M2 zoning districts.
Mr. Argumedo concluded that language specifically prohibiting "gambling" and "intertrack
wagering facility" uses had been removed from the current "Entertainment Uses" definition as
these do not fall into the parameters of the updated definition which covers "live performance,
shows, and productions" and as such are already inherently eliminated through the language
clarifications.
Public Hearina —Board Inoui Comment
Chairperson Farkas asked of the Unified Development Code's "Amusement Use Establishment"
definition and if it would apply to VPA. Mr. Argumedo read the "Amusement Use Establishment„
definition and explained that the use as written was established for gaming arcades as it refers to
`coin- operated' games. He further noted that "Amusement Use Establishment" is not an allowed
use in the M1 or M2 districts,
Chairperson Farkas then swore in team members of Virtuoso Performing Arts, LLC. Paul Hoffman,
attorney with Michael Best & Friedrich LLP spoke on behalf of VPA, He provided an overview of
how Virtuoso worked with staff to expand the definition of Entertainment Use to include a
performance arts studio with accessory instruction.
Chairman Farkas asked for questions from the commissioners. Commissioner Khan inquired how
neighboring communities defined and regulated "Entertainment Uses ". Nancy Radzevich,
Community and Economic Development Director, responded. She noted that she had worked with
Terry Liston, Corporation Counsel, on the language of the final proposed modification to the
Entertainment Uses definition. She continued that while staff will often look to neighboring
communities for specific zoning language, this was not the case as the original Entertainment
2
Board Report- September 17, 2014
PC #14 -14: Text Amendment /Entertainment Uses
Uses definition was crafted to distinguish Entertainment Uses from Amusement Establishment
Uses within the Morton Grove Unified development Code. She then explained that the proposed
definition adheres to the intent of a true entertainment use and what the Village wants to allow —
live entertainment, productions, or shows, as the principal use. From past professional experience
in different municipalities, she felt the proposed definition is generally in line with other
communities.
Commissioner Khan inquired how other dance instruction programs in Morton Grove should be
classified. Ms. Radzevich stated that from the Village's discussions with VPA, and an
understanding that the proposed project is a performing arts center, that it is a use that is
different and distinctive from general dance instruction programs. All instruction by VPA is geared
toward preparing students for performances held by VPA. A performance art center, such as VPA,
prepares its students for shows /performances, where other dance programs teach ballet or other
arts for the students to know ballet or some other art for personal knowledge, growth or use.
Also, schools are not an allowed use within the manufacturing districts.
Public Hearing — Public Comment
Chairperson Farkas asked if anyone was present that wanted to be heard on this case. No one
asked to speak.
Public Hearing —Board Discussion and Vote
Chairperson Farkas asked for a motion to approve Case PC14 -14.
Commissioner Bionz made a motion to recommend approval of the proposed text amendment,
PC #14 -14, to Section 12 -17 -1 of the Moron Grove Unified Development Code (Ordinance 07 -07)
to modify the Entertainment Use" as follows, eliminate the current Entertainment Uses definition
and replace it with the following:
..
facilities are specifically excluded from this definition
Motion was seconded by Commissioner Gabriel. The amendment was recommended for approval
by majority vote. (5 -0 -2; Commissioner Dorgan and Commissioner Shimanski absent)
Board Report- September 17, 2014
PC #14 -14: Text Amendment /Entertainment Uses
PC 14 -14 PROPOSED TEXT AMENDMENT LANGUAGE
(AMENDED, PER PLAN COMMISSI ®N RECOMMENDATI ®N)
(New Text shown in bold /underlined format; any deleted text shown as stfikethfougl format)
12 -17 -1: TERMS DEFINED:
Entertainment Uses: An for profit establishment or use that provides live performances, shows
or productions which may include ancillary educational nro2rams. entefta -,men* ^µera
t t t t t ^ nv t w of aAdult live entertainment and adult
VU 1V1 U W� {,l/ V SJILVS�S.
entertainment facilities are
sale of alephel is specifically excluded from this definition."
M
From: Nancy Radzevich, A1CP, Community & Economic Development Director
Dominick Argumedo, AICP, Zoning Administrator /Land -Use Planner
Re: Plan Commission Case PC 14-14 - Application for Text Amendment to
Sections 12-17-1 of the Morton Grove Unified Development Code
(Ordinance 07-07) to modify the definition of ""Entertainment Uses"
STAFF MEMORANDUM
Public Notice
The Village provided Public Notice for the September 15, 2014 Plan Commission public hearing
for PC 14-14 in accordance with the Unified Development Code. The Pioneer Press published
the public notice on August 28, 2014. As this request is for a text amendment, not a request for
a specific site, no public notice signs or notification letters were required.
Background
Virtuoso Performing Arts LLC (VPA) has submitted a special use application (PC 14-15) to
operate a Performance Arts Studio at 8120 Lehigh Road. In conjunction with that special use
application, VPA has also filed an application requesting an amendment to the "Entertainment
Uses" definition to clarify the inclusion of the performing arts center uses, with an instructional
accessory use.
The Morton Grove Unified Development Code Section 12-17-1 defines "Entertainment Uses" as
"An establishment that provides entertainment and /or recreational activities for a fee to visitors.
Any type of adult use, gambling, intertrack wagering facility, or a use which permits the sale of
alcohol is specifically excluded from this definition, " Based on conversations with the
Community and Economic Development Director and Corporation Counsel, concurrent with their
special use application, Virtuoso Performing Arts LLC (VPA) has filed an application requesting
an amendment to the "Entertainment Uses" definition to accommodate their principal and
accessory uses, as follows:
"An establishment that provides entertainment and/or recreational activities for a
fee to visitors, includinq uses such as a Performina arts studio or venue
that offers student instruction as an accessory use. Any type of adult use,
gambling, intertrack wagering facility, or a use which permits the sale of alcohol
is specifically excluded from this definition."
In 2011, the Village created the "Entertainment Uses" definition and use classification
(Ordinance 11-26) in conjunction with the application for and subsequent approval of a special
use permit to allow the Big City Entertainment, LLC to operate the Fear City haunted house.
Although the Village Code included a definition for "Amusement Establishment," it was
determined that facilities like Fear City were distinctive from those that would fall under that
definition. As such, concurrent with their special use application, Big City Entertainment filed an
application for an amendment to the code to create a new land use definition for
"Entertainment Uses." Because such uses can have significant parking and traffic impacts
and /or may not be appropriately sited near heavier industrial uses, "Entertainment Uses" were
included as special uses within the M2 District. The new definition and use classification were
added to the code concurrent with the approval of the Fear City special use application.
Discussion
When Village staff= were approached by Virtuoso Performing Arts (VPA), it was determined that
although this type of use could fall under the definition of an Entertainment Use, the associated,
accessory performance training /education component should be added to distinguish
performing arts centers, which focus on performance and preparation thereof versus schools.
When further reviewing this definition, staff determined that it was unnecessarily cumbersome.
As such, Community and Economic Development staff in consultation with Corporation Counsel
are proposing the following revised definition:
Entertainment Use. A for profit establishment or use that provides live
performances, shows, or productions which may include ancillary
educational programs. Adult live entertainment and adult
entertainment facilities are specifically excluded from this definition
As with the original Entertainment Uses land use designation, the proposed amended definition
modification complies with the original intent in the establishment of "Entertainment Uses ":
Entertainment uses are distinctive from "amusement uses" as they include some form
of live performances, shows or productions. This is very much in line with the principal
use of Fear City and the current proposed performing arts center.
Entertainment Uses, are oriented to the public for entertainment purposes and, as such,
usually operate during evening and weekend hours, and
Entertainment uses include uses that typically have short -term or seasonal events,
productions, or shows, as their primary use, but may include accessory complementary
uses either off - season or in preparation for the events, productions or shows.
In a constantly changing economy, such uses have the potential to support and complement
the long -term viability of the traditional office, commercial and industrial uses that exist within
Morton Grove. However, because these uses can have high traffic /parking demands and /or
may be geared to children and teens, these types of uses may not be appropriately sited near
heavy industrial sites — as such, these uses are included only through a special use permit and
may be approved in a case -by -case, site specific basis.
Staff notes, the current draft Morton Grove Industrial Areas Plan includes an overall vision for
the M1 restricted Manufacturing and M2 General Manufacturing Districts to be "...primarily used
for manufacturing, wholesale trade and other industrial and office uses." Staff notes that this
plan recognizes that there may be some complementary uses permitted in the M1 and M2
district as the language states primarily not exclusively, The special use process ensures
scrutiny of potential entertainment use applications to ensure they complement adjacent uses,
do not adversely impact surrounding uses, and do not distract from the overall primary purpose
of the M1 and M2 zoning districts.
2
Staff notes the language specifically prohibiting "gambling" and "intertrack wagering facility"
uses has been removed from the current definition as these do not fall into the parameters of
the updated definition which covers "live performance, shows, and productions" and as such
are already inherently eliminated through the language clarifications. Further the elimination of
references to alcohol was done because alcohol license are, by Code, under the purview of the
Liquor Commissioner. Any modifications that might be made to the liquor code regulations
related to entertainment uses will be forwarded directly to the Board of Trustees for their
consideration.
Recommendation
If the Plan Commission decides to support this text amendment, Staff suggests the following
motion:
Plan Commission recommends approval of Case #PC14 -14, for Text Amendments to Section 12-
17-1 of the Moron Grove Unified Development Code (Ordinance 07 -07) to modify the
Entertainment Use" as follows, eliminate the current Entertainment Uses definition and replace
it with the following:
Entertainment Else: A for profit establishment or use that provides live
performances, shows, or productions which may include ancillarm
educational programs. Adult live entertainment and adult
entertainment facilities are specifically excluded from this definition
Attachments:
- Application
- Proposed Amendment to Section 12 -17 -1 of the Morton Grove Unified Development Code
(Ordinance #07 -07)
3
PC 14 -14 Proposed 'Text Amendment
Section 12 -17 -1
Entertainment Uses: Arr for profit establishment or use that provides live performances, shows
or productions which may include ancillary educational pro6rams. -.4- *" —ent and,lor
°.bona" aetivities faf " fee to < ^;+e, Any t «me of Adult live entertainment and adult
entertainment facilities are <..,blkaa < inteftfaek wai. R f4eili*< ili :�.,; *c
the sale ef-a '' ^' �specifi call y excluded from this definition."
FV1 Village of Morton Grove
Department of Community Development
To: Village President and Board of Trustees
From: Ronald L. Farkas, Chairperson, Plan Commission
Nancy Radzevich, AICP, Community and Economic Development Director 4tv
Dominick A. Argumedo, AICP, Zoning Administrator/ Land-Use Planner �
UPTIM11
Re: PC14-15 — Virtuoso Performing Arts LLC, request for a Special Use Permit for
"Entertainment Uses" in accordance with Sections 12-4-4-E of the Village of
Morton Grove Unified Development Code (Ordinance 07-07) at 8120 Lehigh
Avenue, Morton Grove, IL
Commission Report
Public Hearing Notice
The Village provided public notice of PC 14-15 for the September 15, 2014 Plan Commission public
hearing in accordance with the Unified Development Code. The Pioneer Press published the public
notice on August 28, 2014, and the Village mailed letters notifying surrounding property owners
and a public notice sign was placed on the subject property on September 5, 2014.
Background and Application Overview
Ms. Andrea M Conway, Co-Owner of Virtuoso Performing Arts LLC (VPA), is seeking a special use
permit for "Entertainment Uses" to operate a performing arts studio at 8120 Lehigh Road in the
M2 General Manufacturing District. In conjunction with this application, the applicant filed a
request for a proposed Text Amendment (PC 14-14) to the Plan Commission, which would amend
the definition of "Entertainment Uses" (Section 12-17-1) to allow a performing arts studios with
student instruction as an accessory use.
VPA provides four (4) distinct shows per year, with each show having multiple performances for a
total of up to 20 performances per year. Toward these performances, VPA offers dance, acting,
voice and music instruction to children and teens aged from pre-school through 12th grade. In
addition, VPA also has their own competitive dance company. The center employs eleven (11)
faculty members and two (2) office staff and serves 200-250 participants each season.
VPA is proposing to move to a new permanent location at 8120 Lehigh Avenue. The 8,635 sq. ft.
commercial space is located in the North Grove Corporate Park Building II. Per their proposed
lease agreement, VPA is guaranteed access to thirty-five (35) parking spaces. The overall office
complex has a total of 475 parking spaces. As most other uses in the office complex are daytime
uses, VPA should have access to numerous additional spaces, if needed, given their schedule for
performance training and shows runs from late afternoon through evenings, on weekdays and on
weekends. The Traffic Safety Commission reviewed the submitted Traffic Study, by Gewalt
Hamilton Associates, Inc. dated August 14, 2014, at their September 4, 2014 meeting and
recommended approval,
Board Report- September 17, 2014
PC #14 -15: VPA Special Use
September 15, 2014 Public Hearing
Ms. Andrea Conway, co -owner of Virtuoso Performing arts LLC, provided an overview of VPA's
request. Ms. Conway owns VPA along with her two sisters: Ms. Carrie Bohlman and Ms. Margaret
Thompson. She stated VPA is a performing arts center offering performance opportunities ranging
from recreational to pre - professional. VPA engages students in instruction through a rehearsal
process with the end goal to be a performance.
Chairperson Farkas inquired about the number of performances VPA holds. Ms. Conway noted
VPA hosts four shows a year with each show having multiple performances held on Friday
evenings, typically at 7:30 PM, and /or on Saturdays and Sundays.
Dominick Argumedo, Zoning Administrator /Land -Use Planner, provided an overview of the Plan
Commission staff memorandum dated September 10, 2014 (See Attachment A). He provided an
overview of the performances that VPA typically holds: School of Music Recital (in the fall and
sometimes spring with 2 performances each), VPA Dance Company Performance (in the winter
with 2 performances), Musical Theater Performance (in the summer with 7 performances), and
the Acting /Voice Showcase (in the spring with 7 performances). VPA also annually holds a June
Dance Production (with 2 performances) at Niles West High School Auditorium; this location
provides VPA with a larger venue to accommodate all their dancers and a larger audience. He also
noted that staff supported this application due to proposed location and availability of parking,
and the type of space (office space that could be converted back to office if Virtuoso were to
leave). He also noted that this use does not conflict with the draft Morton Groves Industrial Areas
plan, which states that the industrial areas should be primarily used for industrial uses but not
exclusively. In addition, the proposed location is removed from heavier industrial and
manufacturing uses, such that there should be no adverse impact on the continued and successful
operations of the nearby industrial and manufacturing business operations.
Mr. Paul Hoffman, attorney for Virtuoso, noted that VPA had originally spoken to staff about
another site, within the M2 District, which was deemed inappropriate as it was in a much more
intensive industrial area. This alternate site works better for Virtuoso as it is within an office
complex, with sufficient parking and access. He noted that per their lease agreement Virtuoso has
access to 35 parking spaces. As Virtuoso would be part of a two building office complex with 475
parking spaces, he stated that parking is not dedicated, but in actuality would be available as a
first come first serve basis. Again, due to VPA's peak demand being outside of the standard office
hours for the other uses within this office complex, the number of available parking spaces should
be more than adequate for VPA uses. Further the VPA's use and schedule would be
complimentary to its neighboring office uses.
Public Hearing —Board Inquiry /Comment
Chairperson Farkas asked how the proposed facility of 8,635 sq. ft. at 8120 Lehigh Avenue would
compare to Virtuoso's previous permanent space in Glenview. Ms. Conway responded that the
previous permanent space was 6,500 sq. ft. Chairperson Farkas inquired if the new space could
accommodate the June Dance Production held at Niles West High School. Ms. Conway responded
that the June Dance Production would continue to be held at Niles West High School.
1)
Board Report- September 17, 2014
PC #14 -15: VPA Special Use
Chairperson Farkas asked if the applicant would speak to the standards to grant a special use
permit. Mr. Hoffman then went through the special use standards as outlined in their submitted
application and noted that he believed Virtuoso met all the standards at this site.
Commissioner Blonz inquired how the proposed large performance space would accommodate 65
attendees. Ms. Conway stated the 1,736 sq. ft. dance studio would be converted to an intimate
theater setting to accommodate 65 attendees. Commissioner Blonz inquired about the adequacy
of the size to accommodate 65 attendees from a safety perspective. Captain Bill Porter responded
that per the life safety code the occupancy of the proposed theater has approximately three times
the amount of space needed to safely accommodate 65 attendees.
Commissioner Blonz noted the office space adjacent to the proposed location for Virtuoso is
currently vacant and inquired if Virtuoso has any future plans to expand. Ms. Conway noted there
were no future plans to expand, but if they did the landlord would be willing to listen to any
proposed expansion. Commissioner Blonz wished them well and hoped they would expand.
Tim Doran, Gewalt Hamilton Associates, Inc., spoke of the traffic study completed for Virtuoso
Performing Arts LLC. He noted that while all projects have some traffic /parking impact this
proposal due to location has as low an impact as possible. This is due to the off -set hours of the
operation with surrounding businesses, the availability of parking, and the capacity of Lehigh
Avenue.
Public Hearing— Public Comment
Chairperson Farkas asked if anyone was present that wanted to be heard on this case. No one
asked to speak.
Public Hearing —Board Discussion and Vote
Chairperson Farkas asked for a motion to approve Case PC14 -15,
Commissioner Gabriel made a motion to recommend approval of the request to grant a Special
Use permit to Virtuoso Performing Arts to operate an Entertainment use at 8120 Lehigh Road,
with the following conditions:
1. The site shall be developed and operated in accordance with the plans and supporting
documents in the application, including:
a. Proposed Space Plan, submitted by inter :work architects, dated 8/14/2014
b. Proposed Site Plan, submitted by inter:work architects, dated 8/14/2014
c. Traffic Impact Study, submitted by Gewalt Hamilton Associates, Inc., dated
8/14/2014
2. The applicant shall comply with all recommendations suggested by the Traffic Safety
Commission, in accordance with their recommendation dated 9/4/2014.
3. Performances shall be held after 6:00 PM weekdays (Monday through Friday) or on
weekends (Saturday or Sunday).
4. Performance instruction schedules and class sizes shall be in substantial compliance with
schedules, submitted with the application dated 8/27/2014, and all such instructional
3
Board Report- September 17, 2014
PC #14 -15: VPA Special Use
courses shall be held after 3:30 PM weekdays (Monday through Friday), with the majority
of courses held after 5:00 PM, or at any time on weekends (Saturdays and Sundays).
The motion was seconded by Commissioner Gillespie. The amendment was recommended for
approval by majority vote. (5 -0 -2; Commissioners Dorgan and Shimanski absent)
11
x. Village of Morton Grove
Department • Community Development
To: Chairperson Farkas and Members of the Plan Commission
11,1 J LAI jJF*W.AJ�Jf I -a 'G • -41111 IMATIRST
amm
Re: Plan Commission Case PC14-15---Tirtuoso Performing Arts LLC, request for
a Special Use Permit for "'Entertainment Uses" in accordance with Sections
12-4-4-E of the Village of Morton Grove Unified Development Code
(Ordinance 07-07) at 8120 Lehigh Avenue, Morton Grove, IL
STAFF REPORT
Public Notice
The Village provided public notice of PC 14-15 for the September 15, 2014 Plan Commission
public hearing in accordance with the Unified Development Code. The Pioneer Press published
the public notice on August 28, 2014, and the Village mailed letters notifying surrounding
property owners and a public notice sign was placed on the subject property on September 5,
2014.
Background
Ms. Andrea M Conway, Co-Owner of Virtuoso Performing Arts LLC (VPA), is seeking a special
use permit for "Entertainment Uses" to operate a performing arts studio at 8120 Lehigh Road in
the M2 General Manufacturing District. In conjunction with this application, the applicant filed a
request for a proposed Text Amendment (PC 14-14) to the Plan Commission, which would
amend the definition of "Entertainment Used' (Section 12-17-1) to specifically allow for
performing arts studios with student instruction as an accessory use.
Virtuoso Performing Arts (VPA) was founded in 2004 and is currently at a temporary location at
8700 Waukegan Road, as their previous facility in Glenview was recently part of major
redevelopment project. VPA provides four (4) distinct shows per year, with each show having
multiple performances for a total of up to 20 performances per year. Toward these
performances, VPA offers dance, acting, voice and music instruction to children and teens aged
from pre-school through 12th grade. In addition, VPA also has their own competitive dance
company. The center employs eleven (11) faculty members and two (2) office staff and serves
200-250 participants each season.
VPA is proposing to move to a new permanent location at 8120 Lehigh Avenue. The 8,635 sq.
ft. commercial space is located in the North Grove Corporate Park Building II. Per their
proposed lease agreement, VPA is guaranteed access to thirty-five (35) dedicated parking
spaces. The overall office complex has a total of 475 parking spaces. As most other uses in the
office complex are daytime uses, VPA should have access to numerous additional spaces, if
needed, given their schedule for performance training and shows runs from late afternoon
through evenings, on weekdays, and on weekends.
Summary of Application
Overview of the Proposed Project
VPA currently operates a performing arts studio in Morton Grove at 8700 Waukegan Road in
Morton Grove. VPA holds the following performances throughout the year: School of Music
Recital (in the fall and sometimes spring with 2 performances each), VPA Dance Company
Performance (in the winter with 2 performances), Musical Theater Performance (in the summer
with 7 performances), and the Acting /Voice Showcase (in the spring with 7 performances). VPA
also annually holds a June Dance Production (with 2 performances) at Niles West High School
Auditorium; this location provides VPA with a larger venue to accommodate all their dancers
and a larger audience. VPA's Dance Company also competes and performs around the
community (i.e. non -profit benefits, nursing homes, festivals, etc.). According to the applicant,
all performances at their 8120 Lehigh location would occur on Friday evenings, or on weekends
(Saturdays and /or Sundays). The area of the facility dedicated for performances can
accommodate up to 65 attendees. The performance area only hosts performances for VPA
performers and members of their dance company. The applicant has advised staff that
performances are not catered.
In addition to the actual performances and shows, VPA would provide performance instruction
for 200 -250 children and teens (aged from pre - school through 12th grade). While VPA would
employ a total of (11) faculty members and two (2) office staff members, the facility would
operate with a maximum of one office staff member and a maximum seven (7) teachers, at any
given time; staffing is staggered due to the nature of the courses and schedule for training.
VPA's administrative hours of operation would be 3:30 PM to 9:30 PM Monday through Friday
and from 9:00 AM through 4:00 PM on Saturday. While the center would open at 3:30 PM for
administrative operations, the Fall- Winter 2014 schedule for instructional courses shows that no
training instruction or courses would begin before 4:00 PM. While VPA's courses vary in
capacity, no training session has more than 12 participants.
The interior space would be divided into four (4) private lesson music rooms that allow for an
instructor and student and three (3) dance studios, the largest being 1,736 sq. ft. that would
also serve as a performance space, and separate areas for general operation such as a teacher
lounge, storage and reception area.
Parking
The Traffic Safety Commission reviewed the submitted Traffic Study, by Gewalt Hamilton
Associates, Inc. dated August 14, 2014, at their September 4, 2014 meeting. The Commission
asked for clarification on the location of the 35 designated parking spaces, the number of
performances, and hours of operation. VPA has provided verbal responses to these questions at
the meeting, and also has provided written responses. The clarification of number of
performances and hours of operation were discussed in the previous section. (See attached
Traffic Safety Commission Report dated September 9, 2014 and VPA response dated September
10, 2014).
2
Through the special use permit process, the Village can set the required number of parking
spaces as part of the approved special use permit, if the number of required spaces is less than
what is available.
In the determination of required parking spaces, the Village considers the required parking
spaces for a specified use in the Unified Development Code's parking regulations, if identified.
Since, the Unified Development Code parking regulations (Section 12- 7 -3 -1) does not specify
the required parking spaces for "Entertainment Uses," staff used parking requirements closest
to VPA's operation as a performing arts studio, which includes a theater use and accessory
school.
Parking Requirements During Performances
Use
Number of
Area (sq. ft.) or
Parking required by use j
required per area
Max Number of
type
(sq. ft.) or
occupants
number of
occupants
Theatre
1 space / 3 seats
65
22
Faculty /Staff
13
13
13
TOTAL REQUIRED
- 1 space �' - --
S
35
Parking Requirements During Training Sessions /Courses
Use
Number of
Area (sq. ft.) or
Parking required by use
required per area
Max Number of
type
(sq. ft.) or
occupants
number of
occupants
Instruction rooms
1 space / 4
44
11
students
Faculty /office staff
- 1 space �' - --
S
8
instructor
TOTAL REQUIRED
T 19
Per the Unified Development Code a theater is required to provide 1 space for every 3 seats. As
VPA will provide up to 65 sets for each performance, the parking requirement would be 22
parking spaces; if all the faculty and staff show up for the performances, then the total required
would be 35 spaces. For the instructional component, the Unified Development Code requires 1
parking space for each faculty and 1 space for every 4 students. The maximum capacity, based
on instructional space limits and instructional schedules, would be seven (7) teachers and 44
participants. As a result, the required parking requirement for the instructional component of
this use is 19 parking spaces (7 for faculty and 11 for students).
The 35 parking spaces dedicated for VPA would meet the parking requirements, per the Unified
Development Code, for both performances and for the instructional component of this proposed
3
use. Per the submitted traffic study, VPA believes the - peak demand would be during
instructional course time and would be a maximum of 30 parking spaces. Even though this
exceeds the 19 spaces that would be required by Code, it still is under the 35 spaces that will
be designated for VPA. As such, no parking adjustments or waiver are required for this use.
With respect to the performances, given that other uses in the North Grove Corporate Park
complex are predominantly daytime office uses, and given that VPA performances will be held
on Friday evenings or weekends (Saturdays and /or Sundays), there is plenty of extra parking
available should the demand exceed the 35 designated spaces. As mentioned by the Traffic
Consultants, Gewalt Hamilton Associates, Inc. at the Traffic Safety committee meeting on 9/4,
VPA may use any available spaces, beyond the 35 that are designated for their use.
Discussion on Application
Although this use is within the M2 District, staff believes this location is generally well- suited for
the proposed performing arts center with accessory instructional use because the space is part
of larger office complex, in an area with lower intensity daytime offices uses versus within an
area with more predominantly industrial uses. Due to the hours of operation and available
parking, the use will not adversely impact the surrounding neighborhood, adjacent office uses,
or traffic flows along the adjacent roadways. As noted above, performances are scheduled for
Friday evenings or weekends, which will not conflict with the office uses in the complex, and
their hours of operation during the week for instructional courses running from 4:00 PM to 9:30
PM, so there will be no expected overlap of peaking parking demands between this use the
adjacent uses within this complex.
Entertainment Uses are designated special uses in the M2 zoning district to not only provide
additional scrutiny of the particular use and the potential parking, traffic, or operational impacts
on adjacent uses, but also to the ensure the appropriate balance of allowing such uses within
an area that includes both lower intensity office uses as well as more intensive industrial and
manufacturing uses. The special use process allows the Village to ensure the overall purpose of
the M2 district, "to provide land for development by most types of light industrial firms" is not
adversely impacted.
The draft Morton Grove Industrial Areas Plan, which the Village has been working on with the
Chicago Metropolitan Area for Planning, includes an overall vision for the Village's
manufacturing district, which is that "....Morton Grove's industrial areas will continue to be
primarily used for manufacturing, wholesale trade, and other industrial and office uses. These
areas will be active, competitive, and contribute to the economic strength of the community and
region."
The approval of this special use would not be in contrast to this vision as this performing arts
center would be located within an office complex, which currently has some vacancies. While
the Village supports VPA's decision to move to Morton Grove and is optimistic that it will be a
successful business, it's worth noting that should this business decide to relocate, in the future,
the space could be easily converted back to office use. Staff further notes that this location is
one of the few locations within the M2 District that is far enough removed from heavier
industrial and manufacturing uses, such that there should be no adverse impact on the
N
continued and successful operations of the nearby industrial and manufacturing business
operations and similarly, the young participants at this center are not immediately adjacent to
the heavier industrial uses.
Standards for Special Use
The following Standards for Special Use (Section 12- 16- 4 -C -5, from the Unified development
Code) are provided to assist the Commission's consideration of this request.
• Preservation of Health, Safety, Morals and Welfare — The establishment, maintenance and
operation of the Special Use will not be detrimental to or endanger the public health,
safety, morals or general welfare. The proposed performance studio /center currently
operates in Morton Grove and provides entertainment and much needed arts training
programs to the community. Given its location with an office complex, with significant
parking and off -peak demands, staff believes there will no issues with parking or traffic
circulation.
• Adjacent Properties — The Special Use should not be injurious to the use and enjoyment of
other property in the immediate vicinity for the uses permitted in the zoning district. VPA's
is locating within an existing office complex. Given its location and hours of operation this
use should have no impact on the adjacent office uses nor on the nearby manufacturing or
industrial uses. The modification of the space, if approved, would provide adequate
soundproofing to not impact neighboring suites.
• Orderly Development — The proposed entertainment use will not impact orderly
development of the area. The proposed use is within a complex historically dedicated and
built for office space. The approval of the special use permit for an entertainment use, at
this particular site, within the M2 general Manufacturing District will not diminish The
Village's goal to preserve this area primarily for industrial, manufacturing, warehouse and
office space. The location of the proposed performing arts center is in area and space
which is more suited for office type uses, and will be filling a space that has been vacant
for some time. This use, in this particular location, should not have any impacts on the
continued operations and success of the adjacent office uses and nearby manufacturing
and related industrial uses.
• Adequate Facilities — Adequate utilities, access roads, drainage and other necessary
facilities are in existence or are being provided. Based on the traffic and parking report
submitted by Gewalt Hamilton Associates, Inc. This site and location within the complex
provides for adequate parking and circulation for this use. Further, given the hours of
operation, this use should have no adverse impact on adjacent office uses or nearby
manufacturing businesses.
•
Traffic Control Adequate measures have been or will be taken to provide ingress and
egress designed to minimize traffic congestion on the public streets. The proposed use of
the subject site should not draw substantial amounts of traffic on local residential streets.
Per the traffic report submitted by Gewalt Hamilton Associates, Inc.: "Traffic generated by
Virtuoso Performing Arts will operate efficiently on the surrounding streets having minimal
impact to operations as indicated by our analyses ".
5
• Adequate Buffering — Adequate fencing and /or screening shall be provided to ensure the
right of enjoyment of surrounding properties to provide for the public safety or to screen
parking areas and other visually incompatible uses. The proposed performing arts studio
will provide adequate buffering to neighboring entities through soundproofing to ensure no
adverse impact on surrounding businesses within the office park complex.
• Conformance to Other Regulations — If granted the special use and associated building
permits, the proposed use will meet all applicable regulations, including health and
building, before being allowed to commence operations.
The applicant also provided responses to these standards in their submitted Special Use
application.
Recommendation on ADDlication
After review or as a result of the testimony provided at the public hearing, staff may suggest
and /or the Plan Commission may opt to make modifications to, add and /or remove conditions, if
Commission moves to recommend approval of this request.
Should the Commission recommend approval of the request to grant a Special Use permit to
'virtuoso Performing Arts to operate an Entertainment use at 8120 Lehigh Road, Staff suggests
the following conditions:
1. The site shall be developed and operated in accordance with the plans and supporting
documents in the application, including:
a. Proposed Space Plan, submitted by inter:work architects, dated 8/14/2014
b. Proposed Site Plan, submitted by inter :work architects, dated 8/14/2014
c. Traffic Impact Study, submitted by Gewalt Hamilton Associates, Inc., dated
8/14/2014
2. The applicant shall comply with all recommendations suggested by the Traffic Safety
Commission, in accordance with their recommendation dated 9/4/2014.
3. Performances shall be held after 6:00 PM weekdays (Monday through Friday) or on
weekends (Saturday or Sunday).
4. Performance instruction schedules and class sizes shall be in substantial compliance with
schedules, submitted with the application dated 8/27/2014, and all such instructional
courses shall be held after 3:30 PM weekdays (Monday through Friday), with the majority of
courses held after 5:00 PM, or at any time on weekends (Saturdays and Sundays).
Attachments:
- Special Use Application and supporting documents (submitted by applicants)
- Traffic Safety Commission report dated 9/9/2014
- Response to Traffic Safety Commission, from Michael Best & Friedrich LLP, dated 9/10/ 2014
on
7
t
ir
r
W s_.
7
MICHAEL BEST
September 17, 2014
�g_almigreuanzllm=
AND REGULAR MAIL
President Dan DiMaria
Village of Morton Grove
6101 Capulina Avenue
Morton Grove, IL 60053
Michael Best & Friedrich LLP
Attorneys at Law
Two Riverwood Place
N19 W24133 Riverwood Drive
Suite 200
Waukesha, WI 53188-1174
Phone 262.956.6560
Fax 262.956.6565
Paul G. Hoffman
Direct 262.956.6549
Email pghoffman@michaelbest.com
Re: Proposed Text Amendment to Section 12-17-1 of Village Ordinance 07-07 Under Village
Case No. PC14-14 and Special Use Permit Application Under Section 12-4-4E of Village
Ordinance 07-07 Subject to Village Case No. PC14-15 for Approval of an "Entertainment
Use" at 8120 Lehigh Avenue as Submitted by Virtuoso Performing Arts, LLC
Dear President DiMaria:
This letter is written an behalf of my client, Virtuoso Performing Arts, LLC ("VPA"). VPA is
seeking approval of the above referenced Text Amendment and Special Use Application to
permit their relocation of their ten year old performing arts studio to the Lehigh Avenue address,
During discussions with your corporation counsel, Terry Liston, Community and Economic
Development Director, Nancy Radzevich and Zoning Administrator, Dominick Argumedo,
Village staff felt that the existing entertainment special use definition would require some
broadening to contemplate VPA's intended use. That is the reason for the Text Amendment
which adds an educational element.
Both the Text Amendment and Special Use Application received an enthusiastic unanimous
recommendation for approval at the Plan Commission meeting on September 15, 2014.
This letter is written to request that the Village Board waive its customary requirement for two
hearings before the Village Board. This request is made for the following reasons:
VPA's operational schedule tracks customary academic schedules. This means that
VPA's new year schedule will start January 5, 2015. Completing design for their buildout
(5 days), submitting plans for bid (7 days), pulling permit (28 days), and construction
(52 days) is estimated to total approximately 92 days, or until December 23, 2014,
Additionally, actual physical relocation is estimated to add another 14 days to that
projected construction completion date, taking VPA to its planned start date. If our
request for second reading waiver is not granted and final Board approval not received
until October 14, 2014, that schedule will be very challenging,
michaelbest.com
MICHAEL BEST
President DanDiK8aria
Village of Morton Grove
September 17`2014
Page 2
My client's application has already been before two public hearings. The first hearing
was before the Traffic Safety Commission oD September 4, 2014. The second hearing
was before the Village Plan Commission on September 15, 2014. At a rnklinnurn' there
will be athird public hearing before the Village Board on September 22, 2014. VPA
believes that those three hearings provide ample and sufficient opportunity to any Village
citizens who may have wished to object or comment on the VPA proposals. No adverse
Co[n[nentS were received at either Traffic Safety or P|oO {|on0rnissiom VVhi|8 VPA
certainly understands the Village's practice in promoting considered and deliberate
decision rnak|ng. VPA respectfully requests that in this instanoe, the second hearing
requirement before the Village Board be eliminated.
|D closing, VPAwmuldUke to compliment the Village staff, and particularly, Nancy, Terry, and
Dominick, in their cooperation and help in 8dvanCingVPA'm application. We believe, and we
believe your staff onnourS. that VPA's performing arts studio will be an asset to the Village of
Morton Grove enriching the lives of many 0f its residents.
| would be honored to respond bJ any questions you may have,
Very truly yours,
Paul G.Hoffman
PGH:bevv
cc: Ns. Nancy M. Radzevich (via e-mail
Terry Liston, Esq. (via e-mail
Mr. Dominick Amumedn(via e-mail darc
Me. Andrea M. Polack Conway (via e-mail
Ms. Carrie E. Polack Bnh|rnenn (vie e-mail
Ms. Margaret C. Polack Thompson (vim e-mail margaret.tho mpson 1981 6a mail. corn)
Mark S. Poker, Esq. (via e-mail mspokerCc)michaelbest.com)
022418-0003\1 5647647.1
nuchae|best.mm
Legislative Summary
Resolution 14 -46 - -�
AUTHORIZING A NOTICE OF PROPOSED RULEMAKING PROCEEDINGS "HAZARDOUS
MATERIALS: ENHANCED TANK CAR STANDARDS AND OPERATIONAL CONTROLS FOR
HIGH - HAZARD FLAMMABLE TRAINS" WHICH IS CURRENTLY BEFORE THE PIPELINES
AND HAZARDOUS MATERIALS SAFETY ADMIN IN DOCKET PHMSA- 2012 -0082 (HM -251)
Introduced:
September 22, 2014
Synopsis:
This resolution will formalize the Village's support for stricter regulations for enhanced tank car standards
and operational controls for "high hazard flammable trains" that operate on railway traveling through the
Village of Morton Grove.
Purpose:
Upon adoption this resolution shall be forwarded to the Pipeline and Hazardous Materials Safety
Administration (PHMSA) to support stricter standards for new rail tank cars carrying liquid hazardous
material through the Village.
Background:
Each day, rail freight operations impact thousands of villages, towns, cities, and counties across all regions
of the United States of America, including here in the Village of Morton Grove. Safe rail operations are of
critical importance to the safety of communities. In 2009, a freight train derailed at a rail crossing in Cherry
Valley, IL, releasing ethanol which ignited, burned and killed one person in a car stopped at the rail crossing.
600 homes in the area were also evacuated. In 2013, a freight train carrying crude oil derailed in Lac -
Megantic, Canada. Over 45 people were killed, and more than 30 buildings- roughly half of the downtown
area, were destroyed. Local governments have the responsibility to provide emergency response to manage
the impact of rail accidents and derailments, but the authority to regulate rail freight operations vest with the
federal Pipelines and Hazardous Materials Safety Administration (PHMSA).
Since 1991, it has been known to industry and federal regulators that there are safety related defects in the
tank car model that serves as the primary tank car used in the shipping of hazardous flammable materials via
freight rail. The industry has failed to correct these known safety deficiencies despite repeated National
Transportation Safety Board warnings.
On December 5, 2013 representatives of Barrington, Illinois and the Illinois TRAC Coalition submitted
comments before PHMSA which reflect the point of view of local governments. These comments are
supported by recommendations of the National Transportation Safety Board and underscore that changes are
needed in federal regulations and /or law to better protect public safety relative to tank car safety standards.
On August 1, 2014, PHMSA released proposed various regulatory options for improving the crashworthiness
of tank cars. However, the new rules were limited to only "high- hazard flammable trains" (HHFTs)
composed of 20 or more cars of Class 3 flammable liquids: exempting over 40% of rail car origins involving
Class 3 hazmat commodities, allowing a regulatory gap that will continue to endanger the public and pose an
environmental hazard.
Additional comments to the PHMSA are due by Sept 30, 2014. The NWMC, and local area mayors have
requested the Village adopt this model resolution to show its support for stricter rail tanker car safety rules.
Programs, Departs
Administration, Legal, Police, and Fire Departments
or Groups Affected
Fiscal Impact:
Not Applicable
Source of Funds:
Not Applicable
Workload Impact:
The Village Administrator and Corporation Counsel will oversee any plan implementation.
Admin Recommend:
Approval as presented
Second heading:
Not Applicable
Special Consider or
None
Requirements:
A
itted:
Prepared by: ��
Teresa Hoff�inan LiiA
Administrator
n Counsel
RESOLUTION 14 -46
AUTHORIZING A NOTICE OF PROPOSED RULEMAKING PROCEEDINGS
"HAZARDOUS MATERIALS: ENHANCED TANK CAR STANDARDS AND
OPERATIONAL CONTROLS FOR HIGH - HAZARD FLAMMABLE TRAINS"
WHICH IS CURRENTLY BEFORE THE PIPELINES AND HAZARDOUS
MATERIALS SAFETY ADMINISTRATION IN
DOCKET NO. PHMSA- 2012 -0082 (HM -251)
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home
rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois,
can exercise any power and perform any function pertaining to its government affairs, including but not
limited to the power to tax, purchase, and incur debt; and
WHEREAS, each day, rail freight operations impact thousands of villages, towns, cities, and
counties across all regions of the United States of America; and
WHEREAS, safe rail operations are of critical interest to local units of government based on the
need to prevent catastrophic accidents like the one that occurred in Lac- Megantic, Canada in July 2013 as
well as several others since then; and
WHEREAS, local governments have the responsibility to provide emergency response to manage
the impact of rail accidents and derailments in communities across the country and to oversee clean up
and enviromnental remediation; and
WHEREAS, clean up, enviromnental remediation, medical expenses other personal injury
damages or wrongful death claims for community residents have the potential to surpass the rail
industry's ability to pay for them; and
WHEREAS, ethanol, crude oil, and other flammable Class 3 hazmat are a large and exponentially
growing segment of rail freight being shipped across the nation and will continue as a growing and
market- flexible transport mode for this hazmat; and
WHEREAS, since 1991, it has been known to industry and federal regulators that there are safety-
related defects in the DOT -111 tank car that serves as the primary tank car used in the shipping of
these hazardous flammable materials via freight rail; and
WHEREAS, the federal Pipelines and Hazardous Materials Safety Administration (PHMSA)
regulates the safe transport of hazardous materials by railroads in the United States with the mission
"to protect people and the environment from the risks of hazardous materials transportation "; and
WHEREAS, the business decisions of railroad companies and hazardous material shippers
impact the safety, environment, and emergency response systems in the communities in which the
freight railroads traverse, but state and local governments have no ability to regulate railroad operations;
and
WHEREAS, the industry has failed to act in the last two decades to correct the known safety
deficiencies in DOT -111 tank cars despite repeated National Transportation Safety Board warnings,
and waited until 2011 to seek goveriunent approval to upgrade safety standards for tank cars meant to
carry liquid hazmat; and
WHEREAS, the comments submitted to PHMSA on December 5, 2013 by Barrington,
Illinois and the Illinois TRAC Coalition reflect the point of view of local governments, which is
supported by recommendations of the National Transportation Safety Board, that changes are needed
in federal regulations and /or law to better protect public safety relative to tank car safety standards;
and
WHEREAS, the August 1, 2014, NPRM released by PHMSA proposed various regulatory
options for improving the crashworthiness of tank cars consisting of three standards of robustness and
Option 1 is the best solution for maximizing the crashworthiness of tank cars and will best protect the
public's safety; and
WHEREAS, the NPRM undercuts the strength of the proposed rules by limiting its
coverage to only "high- hazard flammable trains" (HHFTs), defined as trains composed of 20 or more
cars of Class 3 flammable liquids, and thereby exempts over 40% of rail car origins involving Class
3 hazmat commodities; and
WHEREAS, placed in the 2012 data context provided by PHMSA, this exempts from
improved safety regulations 281,404 tank car originations annually - or 771 carloads of flammable
hazmat traveling each day of the year in deficient tank cars throughout the United States; and
WHEREAS, if PHMSA does not bar the use of DOT -111 tank cars for all flammable
hazmat service in its new regulations, those deficient tank cars will be allowed to carry dangerous
liquid hazmat for the remainder of their useful life (up to another 40 years); and
WHEREAS, any regulatory solution should solve the whole problem and not provide the
public with a false sense of security around the rail transport of hazmat because federal Hazardous
Materials Regulations (HMR) are designed "to ensure hazardous materials are packaged safely" —
meaning ALL hazmat, and not just large quantities; and
WHEREAS, PHMSA's rationale for limiting the coverage of its new rules to HHFTs is not
supported by the evidence the agency provides from its review of 46 mainline derailments that
occurred between 2006 and 2013, in that those derailments show that the breach of even a single or
a small number of tank cars can result in a significant release of hazmat; and
WHEREAS, a DOT -111 tank car is too dangerous for the shipment of any Class 3 hazmat
and allowing a regulatory gap that extends their use for this transport will likely encourage industry
to make operational changes that will continue to endanger the public and pose an environmental
hazard; and
WHEREAS, it is critical in the event of a hazardous materials rail incident that local
emergency responders are prepared and have access to adequate resources to appropriately respond;
and
WHEREAS, preparation begins with local responder knowledge of what hazardous material
is passing through a locality and the proper response beforehand, and
WHEREAS, railroads have the ability to inform local emergency responders about the
hazmat threat to their localities and provide training for response to such, including information
about the location and sufficiency of railroad assets which can be deployed to assist in an
emergency response, and
WHEREAS, railroads have the ability to make the existence and location of hazardous
cargo consists available promptly and directly to local emergency responders in the event of a rail
incident.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses
into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth.
SECTION 2: We support comments seeking to insure all tank cars used in the transport of
Class 3 flammable hazmat, not only those in HHFTs, will be covered by the agency's new rules.
SECTION 3: We support comments supporting the Option 1 tank. car standards, as that
maximizes the crashworthiness and best protects public safety, as outlined in detail in Docket No.
PHMSA- 2012 -0082 (HM -251).
SECTION 4: We support comments seeking to require railroads to provide to local
emergency responders: adequate and timely information about the hazmat traveling through their
jurisdictions, sufficient training to prepare for emergencies, including response support from the
railroads transporting such hazmat in order to provide an effective and coordinated response to hazmat
rail incidents.
SECTION 5: This Resolution shall take effect from and after its passage and approval as
provided by law.
SECTION 6: This adopted Resolution shall be sent to the Pipelines and Hazardous Materials
Safety Administration in Docket No. PHMSA- 2012 -0082 (HM -251) urging expeditious action that
rail transport of all Class 3 hazmat is covered by the rules promulgated from the August 1, 2014,
PHMSA NPRM.
PASSED THIS 22nd DAY of September 2014.
Trustee Grear
Trustee Marcus
Trustee Pietron
Trustee Thill
Trustee Toth
Trustee Witko
APPROVED by me this 22nd DAY of September 2014.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office
this 23`d day of September 2014.
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
The Regional Answet to Canadian Nat &onal
PROPOSED RULEMAKING ON RAIL TANK CAR SAFETY
ISSUE SUMMARY & ACTION REQUEST
September 9, 2014
ISSUE SUMMARY.
In 2011, after a fatal ethanol train derailment in Cherry Valley, IL, the rail industry began the petition process
before the Pipeline and Hazardous Materials Safety Administration (PHMSA) seeking improved performance
standards for new rail tanks cars carrying liquid hazmat in recognition that the current "workhorse" tank car of
the fleet (the DOT -111) has a high tendency to puncture in accidents. These efforts began two decades after
the National Transportation Safety Board had warned industry and regulators that there were significant
safety - related flaws in this tank car's design. In 2012, the Illinois TRAC Coalition also petitioned PHMSA for
improved standards to cover both new and existing tank cars.
The rulemaking process stalled, however, until the derailment of a crude oil train in Lac- Megantic, Quebec in
July 2013 that killed 47 people. After that tragedy, PHMSA finally released its Advance Notice of Proposed
Rulemaking (ANPRM) last fall asking for input into what safety - enhancing provisions should be included in the
rulemaking. The comment period for that phase of the process was completed in December 2013, with those
comments serving as the basis for the rules PHMSA has now outlined in the NPRM that was released on
August 1. Interested parties will have until September 30, 2014 to weigh in on the proposed rules the agency
is planning to promulgate.
While there are some positive aspects of the rules being outlined by PHMSA, including better safety standards
and enhanced braking requirements for tank cars, there is a fundamental defect that must be rectified to
adequately protect the safety of the public and the environment. Rather than having the rules apply to all
tank cars carrying flammable hazmat, PHMSA chose to minimize the scope of the rulemaking to deal only
with enhanced tank car standards and operational controls for "high-hazard flammable trains" or HHFTs
(defined as any train with 20 or more cars of Class 3 flammable liquids, which the agency believes will be
limited to crude oil and ethanol.)
In doing this, PHMSA has exempted from any safety - related upgrades fully 40% of the liquid hazmat that is
shipped by rail in deficient DOT -111 tank cars. Its rationale for doing so is not supported by the evidence
PHMSA provides from its review of 46 mainline derailments that occurred between 2006 and 2013. Those
derailments show that the breach of even a single or a small number of tank cars can result in a significant
release of hazmat. In 43 of the 46 mainline derailments used by the agency to support limiting new tank car
standards and enhanced operational control to HHFTs, the accidents involved fewer than 20 tank cars
releasing their contents. In fact, in 20 of these derailments, only a single tank car was breached. With 93% of
these mainline derailments involving fewer than 20 tank cars breaching, it's indefensible for PHMSA to apply
its rules solely to HHFTs.
The flammable hazmat that would be allowed by PHMSA to remain in DOT -111 tank cars for the next 40 years
unless the agency can be convinced to adjust course on this exemption, includes highly dangerous substances
like gasoline, diesel fuel, condensate, aviation fuel, acetone, corrosive flammable liquids, oil sands, and even
crude oil and ethanol if it is on a manifest train. Therefore, TRAC believes that air tank car carrying liquid
hazmat must meet the most robust tank car standards as outlined in the NPRM.
The NPRM also fails to adequately address emergency preparation and response for rail hazmat incidents at
the local level -- where all emergencies occur. It is critical that new rules require that railroads provide
adequate notice to local emergency responders of the type and frequency of hazmat transported within their
jurisdictions. Railroads should also be required -- subject to PHMSA and FRA audit and enforcement -- to
provide appropriate hazardous materials training and materials to local emergency responders, including the
location of sufficient quantities of hazmat response assets to enable a coordinated response effort among the
local responders and the railroad. Joint response training events between the railroad and local responders
should be required with a reasonable amount of frequency.
ACTION REQUEST OF LOCAL GOVERNMENTS:
It is vital that local governments weigh in on this NPRM prior to the September 30, 2014 comment deadline.
To that end, a sample resolution is attached that local units of government can adopt and forward to PHMSA
to indicate their support for the NPRM changes detailed in this summary.
Please act expeditiously to pass this resolution. Once adopted, a copy of your government's resolution should
be submitted in one of three ways:
• Through the Federal Rulemaking Portal: http://www.reRulations.gov. Follow the instructions for
submitting comments.
• Via Fax: 1 -202- 493 -2251.
• By mail: Docket Management System; U.S. Department of Transportation, West Building, Ground
Floor, Room W12 -140, Routing Symbol M -30, 1200 New Jersey Avenue SE., Washington, DC 20590.
Instructions: All submissions must include the agency name and docket number for this notice (as shown in
the model resolution) at the beginning of the comment. To avoid duplication, please use only one of the three
methods of delivery.
Any questions you may have on this matter can be directed to FiphtRailCongestion@gmail.com. Thank you!
Legislative Summar�j
ORDINANCE 14 -19
AMENDING TITLE 5, CHAPTER 13, ARTICLE A -2 AND TITLE 5, CHAPTER 13, ARTICLE A -4, ENTITLED
TRAFFIC SCHEDULES OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE
Introduced
Objective
Purpose
Background
Programs, Departs
or Groups Affected
Fiscal Impact
Source of Funds
Workload Impact
Admin Recommend
Second Reading
Special
Considerations or
Requirements
September 8, 2014
To amend Title 5, Chapter 13, Article A entitled "Traffic Schedules" of the Municipal
Code
To change the intersection of Greenwood Avenue and Ottawa Avenue from 2 -way stop
control to 4 -way stop control.
The Traffic Safety Commission received a request for stop signs on Greenwood Avenue
at its intersection with Ottawa Avenue. This intersection is currently designated in the
Municipal Code to be 2 -way stop control on Ottawa Avenue. The Traffic Safety
Commission concurred with the petitioner's request and recommended the Village of
Morton Grove establish 4 -way stop control on Greenwood Avenue at its intersection with
Ottawa Avenue.
Public Works
$100
General Fund Account # 025017 - 563130
None.
Approval as presented.
Required -- Municipal. Code Change
None
Respectfully submitted: Reviewed
ltyd-n4f.fHorne, Village Administrator
Reviewed by:
Prepared by: __V• ..._ �- _ _. --
Cliris Tomich, Village Engineer
Director Public Works
Teresa Hoffman "tiston, Corporation Counsel
ORDINANCE 14 -19
AMENDING TITLE 5, CHAPTER 13, ARTICLE A -2 AND TITLE 5, CHAPTER 13, ARTICLE
A -4, ENTITLED TRAFFIC SCHEDULES OF THE MUNICIPAL CODE OF THE VILLAGE
OF MORTON GROVE
WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a
home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of
Illinois, can exercise any power and perform any function pertaining to its government affairs,
including but not limited to the power to tax and incur debt; and
WHEREAS, the Village established the Traffic Safety Commission to receive, review, and
present recommendations to the President and Board of Trustees regarding requests or inquiries on
matters involving traffic safety, including requests for installation of traffic control devices; and
WHEREAS, the Traffic Safety Commission received a request for stop signs on Greenwood
Avenue at its intersection with Ottawa Avenue; and
WHEREAS, Municipal Code Title 5, Chapter 13, Article A -2 designates Ottawa Avenue at its
intersection with Greenwood Avenue as a two -way stop intersection; and
WHEREAS, the Traffic Safety Commission, at its regularly scheduled meeting held on August
7, 2014, at 7:00 p.m. at the Richard T. Flickinger Municipal Center, considered the above referenced
request; and
WHEREAS, notifications of the meeting were sent to residents in the area; and
WHEREAS, the Traffic Safety Commission concurred with the petitioner's request and
recommended the Village of Morton Grove establish 4 -way stop control on Greenwood Avenue at its
intersection with Ottawa Avenue; and
WHEREAS, the Corporate Authorities have determined it is reasonable and appropriate to
update and amend Title 5, Chapter 13, Article A, of the Municipal Code of the Village of Morton
Grove as set forth in this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Ordinance as though fully set forth therein thereby malting the findings as hereinabove
set forth.
SECTION 2: Title 5, Chapter 13, Article A -2 of the Municipal Code is hereby amended to
delete the following:
Street At Its Intersection With
Ottawa Avenue Greenwood Avenue
SECTION 2: Title 5, Chapter 13, Article A -4 of the Municipal Code is hereby amended to add
the following:
Street At Its Intersection With
Greenwood Avenue Ottawa Avenue
SECTION 3: The Director of Public Works is authorized and directed to take such action
necessary to install and maintain the above mentioned signs as directed by the Village President.
SECTION 4: This Ordinance shall be in full force and effect from and upon its passage and
approval.
PASSED THIS 22nd DAY OF SEPTEMBER 2014
Trustee Grear
Trustee Witko
Trustee Marcus
Trustee Pietron
Trustee Th.ill
Trustee Toth
APPROVED BY ME THIS 22nd DAY OF SEPTEMBER 2014
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This 23rd DAY OF SEPTEMBER 2014
Ed Ramos, Village Clerk
Village of Morton Grove
Cools County, Illinois
Legislative Summary
Resolution 14 -47
AUTHORIZATION FOR THE PURCHASE OF 5,500 TONS OF ROADWAY SALT
Introduced:
Synopsis:
Purpose:
Background:
Programs, Departments
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
First Reading:
Special Considerations or
Requirements:
September 22, 2014
The Department of Central Management Services (CMS) administers the
Joint Purchasing Program for the State. The purpose of the Joint Purchasing
Program is to allow units of local government to participate in State
negotiated contracts, and thereby take advantage of State contract pricing
which should result in procurement savings to local governments.
Acquire de -icing materials for the 2014 / 2015 winter season
Snow and ice accumulating on roads and. bonding to the pavement, Ynakes it
dif. ic:ult to remove with snow plows. Salt applied. to the surface causes some
of the snow and ice to tnelt. The nnelt -water cornb nes wltf) the salt to create
liquid called brim,. 'l he brine moves the salt ar<: and and continues the
nneltin <g process allowing bonded ice to be removed by Village plows.
Public Works and Finance Departments
The estimated contract value is $604,670.00. Since this is a unit price
contract, the final contract amount will be based on the actual quantity of salt
purchased. (Per ton cost $109.94) The Village must purchase a minimum of
80% of its order which can go as high as 120% o.
Motor Fuel Tax fund and General fund.
The implementation of the program is done as part of the normal operations
of the Public Works and Finance Departments.
Approval as presented.
Not required.
Approval commits the Village to provide funding for snow removal materials
in the 2015 calendar year budget.
Respectfully submitted:
Horne, Village Administrator
Prepared by: _ Reviewed by:
A d De Monte, Director of Public Works Teresa
Liston, Corporation Counsel
RESOLUTION 14--47
TO AUTHORIZE THE PURCHASE OF 5,500 TONS
OF ROAD SALT FROM MORTON SALT COMPANY
WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois,
is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of
the State of Illinois, can exercise any power and perform any function pertaining to its
government affairs, including but not limited to the power to tax and incur debt; and
WHEREAS, the Sate of Illinois Department of Central Management Services conducted
a contract re- procurement for the purchase of roadway salt for the period of September 2014 to
August 2015; and
WHEREAS, the Village of Morton Grove has utilized the State biding process in the past
for the purchase of roadway salt; and
WHEREAS, the purchase price for the rock salt procurement from Morton Salt Company
is as follows:
5,500 Tons at $109.94 per ton (delivered)
Total: $604,670 ; and
WHEREAS, the Village of Morton Grove Public Works Department will include funding
in the 2015 budget to cover the first half of the 2014 - 2015 winter seasons purchase of salt.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY,
ILLINOIS AS FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Resolution as though fully set forth therein thereby making the findings as
hereinabove set forth.
SECTION 2: That only those companies listed and described on this Resolution for the
purchase of 5,500 tons of roadway salt be approved in this Resolution.
SECTION 3: The Director of Public Works and Finance Director of the Village of
Morton Grove is hereby authorized to execute the Purchase of 5,500 tons of roadway salt for a
total amount of $604,670.00.00 from Morton Salt Company, located at 123 N. Wacker Drive
Chicago, I1160606.
SECTION 4: This Resolution shall be in full force and effect from and upon its passage
and approval.
PASSED THIS 22nd day of September 2014.
Trustee Grear
Trustee Marcus
Trustee Pietron
Trustee Thill
Trustee Toth
Trustee Witko
APPROVED BY ME THIS 22nd day of September 2014.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED AND FILED in my office
This 23rd day of September 2014.
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
Legislative Summary
F— Resolution 14 -48
AUTHORIZING THE SALE OF SURPLUS PROPERTY OWNED BY THE VILLAGE OF MORTON
GROVE ON TUESDAY OCTOBER 14, 2014 THROUGH THE NORTHWEST MUNICIPAL
CONFERENCE / MANHEIM AUCTION SERVICES
Introduced:
Synopsis:
Purpose:
Back ground:
Programs, Departments
Or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Admin Recommendation:
First Reading:
Special Consideration or
Requirements:
Respectfully submitted
Prepared by:
September 22, 2014
This Resolution will authorize the sale of motor vehicles deemed surplus
property.
Selling motor vehicles and equipment through the Northwest Municipal
Conference run auction in cooperation with Manheim Auctions, Inc.
provides for an effective means for the Village to sell surplus vehicles.
The Public Works Department in its normal course of business annually
reviews vehicle and equipment conditions for all Village departments. After
a review by the department some of the equipment is determined to be no
longer useful for a variety of reasons; some reasons being but not limited to
the cost of maintenance, scheduled for replacement, outdated, or no longer
used by Village Departments. Ordinance 05 -27 allows the Village to sell
surplus motor vehicles pursuant to a resolution approved by simple majority
of the Village Board of Trustees.
Public Works Department, Finance.
Funds to be generated by the sale of equipment at auction are unknown at
this time.
N/A
Minimal, delivery of equipment to auction.
Approval as presented.
Not required
None
R . an J. Horne, Village Administrator
Paul Tobin, Street Superintendent
Reviewed by:
by:
---'-And 4U
Monte, Public Works Director
Teresa Hbffn An Liston, Corporation Counsel
RESOLUTION 14 -48
AUTHORIZING THE SALE BY PUBLIC AUCTION
OF PERSONAL PROPERTY
OWNED BY THE VILLAGE OF MORTON GROVE
WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois,
is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of
the State of Illinois, can exercise any power and perform any function pertaining to its
government affairs, including but not limited to the power to tax and incur debt; and
WHEREAS, Article VII, Section 10 of the Constitution of the State of Illinois, and
Chapter 127, paragraphs 741 -748 of the Illinois Revised Statutes, authorize and encourage
intergovernmental cooperation; and
WHEREAS, the Northwest Municipal Conference /Manheim Auction Service Inc, a
corporate organization representing municipalities and townships chartered within the State of
Illinois and Counties of Cook, Lake, McHenry, Kane, and DuPage organizes joint municipal
auctions of surplus vehicles; and
WHEREAS, on or about May 23, 2005, the Corporate Authorities adopted Ordinance 05-
27 which provides "obsolete or surplus personal property which is, in the opinion of the Finance
Director and Village Administrator, no longer necessary or useful to the Village and has an
estimated value exceeding $1,000 and all motor vehicles and real property of any value of the
Village of Morton Grove shall be sold subject to approval by resolution of a simple majority of
the Village Board of Trustees ".
WHEREAS, the Finance Director, Village Administrator, and Director of Public Works
have deemed those vehicles listed in Exhibit "A" are no longer necessary or useful to the Village,
and the Director of Public Works has recommended these vehicles be sold at the joint municipal
auction of surplus vehicles conducted by the Northwest Municipal Conference /Manheim Auction
Service Inc.
WHEREAS, attached as Exhibit "A" is a list of vehicles to be auctioned.
NOW, "THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, AND ILLINOIS
AS FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Resolution as though fully set forth therein thereby malting the findings as
hereinabove set forth.
SECTION 2: Pursuant to Ordinance 05 -27 of the Village of Morton Grove, the Village
President and Board of Trustees for the Village of Morton Grove find the described personal
property listed on Exhibit "A" attached hereto now owned by said jurisdiction is no longer
necessary or useful to said jurisdiction and said jurisdiction would be best served by the sale of
the properties.
SECTION 3: The Village Administrator for the Village of Morton Grove is hereby
authorized to direct the sale of the aforementioned personal property at the following Northwest
Municipal Conference /Manheim Auction Service Inc. auction scheduled for:
Tuesday October 14, 2014
Manheim Arena Illinois
550 South Bolingbrook Drive
Bolingbrook, Illinois 60440
SECTION 4: The Administrator is hereby authorized to direct the Northwest Municipal
Conference / Manheim Auction Service Inc to advertise the sale of the aforementioned personal
property through area newspapers, direct mailings, and other channels deemed appropriate prior
to the date of said auction.
SECTION 5: The Village Administrator is authorized to direct the Northwest Municipal
Conference /Manheirn Auction Service, Inc. to enter into an agreement for the sale of said
property whereby said property is sold at the auction according to the terms set forth in the
Specifications for the Sale of Vehicles and Equipment at Northwest Municipal
Conference /Manheim Auctions attached hereto and made a part of this resolution.
SECTION 6: No bid shall be accepted for the sale of an item, which is less than the
minimum value set forth herein, unless the Village Administrator, or the designee of the Village
Administrator so authorizes at the time of the auction.
SECTION 7: Upon payment in full of the auctioned price for the aforesaid items of
personal property by the highest bidder, the Village Administrator is authorized to direct the
Northwest Municipal Conference /Manheim Auction Service Inc. to convey and transfer the title
and ownership of said personal property to the bidder.
SECTION 8: This Resolution shall be in frill force and effect from and after its passage.
PASSED this 22 "d day of September 2014
Trustee Grear
Trustee Marcus
Trustee Pietron
Trustee Thill
Trustee Toth
Trustee Witko
APPROVED by me this 22"d day of September 2014.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office
this 23rd day of September 2014.
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
EXHIBIT "A"
YEAR MAKE / MODEL VIN# ODOMETER MINIMUM BID
1976
Ford / DL223C
1990
Beuthling / B300
1994
Chevrolet / C10
2001
Dodge / MB350
2004
Ford / Crown Vic
2005
Ford / Crown Vic
2005
Ford /Crown Vic
2007
Ford /Crown Vic
C507844
$500.00
1539
$250.00
IGCDC14HXRZ259490
129,000
$500.00
3B6MF36661M281396
125,000
$4,500.00
2FAFP71W84X166832
83,000
$1,000.00
2FAFP71W95X1.58742
87,000
$1,200.00
2FAFP71W05X158743
109,000
$1,000.00
2FAFP71 W37X123701
No Cluster
$1,000.00
AGREEMENT FOR AUCTIONEER SERNICES
Northwest Municipal Conference
Manheim Remarketing, Inc.
THIS AGREEMENT dated (date of approval) (the "Effective Date"), is entered into by and
between Manheim Remarketing, Inc, ("Contractor"), a Delaware Corporation, with its principal
place of business located at 6205 Peachtree Dunwoody Road, Atlanta, Georgia 30328, and the
Northwest Municipal Conference ('NWMC"), 1616 E. Golf Road, Des Plaines, Illinois 60016,
an Illinois Non-Profit Corporation.
WHEREAS, NWMC is seeking a qualified contractor to perform live and Internet
auction services for the sale of vehicles; and
WHEREAS, the Contractor has the capabilities and expertise to perform said services;
NOW, THEREFORE, NWMC and Contractor agree as follows:
LIVZ SIMULCAST AND QN-Ll[NE VEHHCLE EXQANQEfQ3jjAKgjjM
1.0 C 0 n 2 Et–a—f — The Contractor shall provide professional auctioneer
services on an as-needed basis during the term of this Agreement. Contractor shall
conduct public auction sales for the sale of vehicles and certain equipment consigned by
N`WMC members and participating agencies at the Manheirn Arena Illinois location on
one Saturday per calendar quarter for live and simulcast auctions as requested by NWMC
and subject to volume (ininimum 50 units) during the term of this Agreement. OVE
auctions shall have no minimum volume.
Ll Cataloging of Items. The Contractor shall provide all personnel, tools, supplies,
material and equipment reasonably necessary to prepare an of sale of the
vehicles in accordance with Manheim. Arena Illinois' standard operating
procedures. All vehicles are to be either individually listed, tagged and assigned a
control number, or groups of shifflar items shall be placed in lots and given a
control number for sale by the lot. NWMC or its participating members will
report all vehicles consibmed to the Contractor in writing. Any discrepancies in
quantities of vehicles received shall be reported to NWMC.
L2 Inspection. I'he Contractor shall provide adequate opportunity for its licensed
dealers wid the public to inspect the vehicles prior to the sale.
13 Auction Sale.
2.3A Personnel. Except as otherwise provided herein, the Contractor shall
do all all personnel necessary to conduct the sale, including, but not
limited to, auctioneers, registration clerks, recording clerks and cashiers,
11.3-2 Equipment and Supplies. Contractor shall provide all necessary equipment
and supplies necessary to conduct the sale, including but not limited to:
(a) Suitable sound (public address) system(s);
C;\IJsen\tnccolturnlApl)D&ta'J-c,QaP,Mic;rt)soft\Windc,wi\Tctuporary lutemet Fites\ConttZt.4utlwk1T)4ADQDAFNManlicim - N-V ThJC Agremmt
fi,r Auctioneer Service& (3),doc
(b) Bid cards, registration forms, clerking tickets, invoices, and all
other forms necessary to conduct the sale; and
(c) All office supplies and equipment.
(d) Equipment for online simulcast.
1.4 Registration. Contractor shall register all potential bidders in accordance with its
standard policies and procedures. Each bidder shall be provided information that
My explains the payment terms, warranty disclaimers, and other conditions of
the sale that are consistent with Contractor's standard policies and procedures.
1.5 Payment; Title Documents, The Contractor may permit buyers to pay via credit
card. Collection of vehicle sale proceeds from buyers are the sole responsibility of
the Contractor. Each buyer will be issued an itemized invoice or bill of sale. Each
N`WMC member or agency agrees to pay the fees and charges set forth in this
Agreement. The applicable NWMC member or agency will forward. to
Contractor the certificate of title and/or registration for each vehicle, together with
any other documents necessary to effect transfer upon sale. If the NWMC
member or agency's representative will not be attending the sale, all docurnents
necessary to effect transfer upon sale shall be endorsed as required, prior to their
being forwarded to Contractor. If the NWMC member or agency's representative
does attend the sale, endorsement of documents necessary to effect transfer upon
sale may be accomplished by the representative on the day of the sale. Each
individual agency agrees to provide a completed Federal Odometer Disclosure
Statement along with title document for each vehicle being sold. If for any reason
the agency is unable to complete the Federal Odometer Disclosure Statement, at
the agency's request, Contractor may execute the Federal Odometer Disclosure
Statement for said agency, as long as that agency provides Contractor with a
power of attorney, in the form attached hereto as Exhibit A, indicating that
Contractor is being authorized to execute the Federal Odometer Disclosure
Statement and that Contractor will be held harmless from any and all causes of
action associated therewith. Contractor will not deliver, endorse, or otherwise
part with the possession. of such documents except to the purchaser of the vehicle
after sale and receipt of payment in accordance with Contractor's procedures.
1.6 Check-out. The Contractor shall provide adequate personnel to supervise removal
of property,
1.7 End of Sale Reconcillaidon Reports and Payment to N Members,
Within ten (10) business days after each sale, Contractor shall furnish each
NVV'MC auction participant the following:
1.7.1 A listing of all items consigned to the sale by that NWMC Member, by lot
or catalog number, showing the individual sales price of each item or lot;
and
2
1.7.2 Payment of the net proceeds of the sale for that NWMC Member, defined
as gross revenues from the sale less amounts owed to Contractor related to
such sale.
1.8 End of Sake Reconciliation Reports and Payment to NWMC. Within ten (10)
business days after each sale, Contractor shall furnish NWMC the following via
email as an Excel spreadsheet, or similar format, as requested by NWMC:
1.8.1 An accounting of all receipts and revenues from the sale of NWMC
member vehicles, including details and specific information on each item
sold; and
1.8.2 Payment of the NWMC sponsorship fee as set forth in Section 3.4 below.
1.9 Advertising and Marketing.
1.9.1 Auction Plan: For each auction, the Contractor shall submit an advertising
plan to NWMC for approval,
1.9.2 Auction Flyers: The Contractor shall prepare, print and mail brochures or
notices of sale to both its regular clientele and NWMC clientele; provided,
that, NWMC shall provide Contractor with all email addresses of past sale
attendees which Contractor may use to email brochures in lieu of direct
mailing.
1.9.3 AdygrUsin . The Contractor shall prepare and place advertisements in
electronic media and local print media.
1.9.4 Web Site: The Contractor shall list each auction on its Web Site, The
Contractor shall publish the descriptive Catalog on its internet site and
make all NWMC surplus items available for sale on its internet site to
dealers only prior to the live auction, via Simulcast proxy bidding and/or
OVE on Contractor's site.
1.9.5 Broadcast Media: The Contractor shall coordinate public service
announcements with NWMC,
1.9.6 Press Releases: The Contractor shall assist NWMC in preparing and
issuing appropriate press releases. No press releases shall be issued, nor
any public statements made, without the express approval of NWMC.
109.7 Catalog: The Contractor shall publish a descriptive catalog of items to be
sold and distribute the catalog to prospective bidders during inspections
and on the sale day
1.10 Security, During inspection, sale and check-out, Contractor shall provide
necessary security in accordance with Contractor's reasonable existing operating
procedures.
2.0 NWi/iC des onsibilitues.
2.1 NWMC represents and warrants that it is authorized to act on behalf of and to
bind each participating agency and member to this Agreement.
2.2 Transportation of Vehicles to Auction Site. Each NWMC member or
participating agency shall be responsible for transporting its vehicles to the
auction site, including the use of tow trucks or transport trucks; provided, that,
Contractor shall provide a fee structure for auction participants to transport
vehicles to the Manheim Arena Illinois location and may assist NWMC members
in arranging for transportation through third party transportation companies.
Contractor shall not be liable for any damages, claims or losses arising from the
transportation of the vehicles to the auction site. Vehicles shall have sufficient
fuel for test running and for driving for short distances after delivery to the
auction site.
2.3 Preparaffon of Vehicles for Sale. Each NWMC member or participating agency
shall be responsible for preparing its vehicles for sale, including the removal of
decals and other markings.
2.4 Personnel. NWMC shall have a representative on -site or available by telephone
during inspection and sale to resolve any issues. Each NWMC member or
participating agency shall provide vehicle drivers for specialty vehicles such as
fare trucks and Contractor will provide a driver coordinator on Auction Day for all
other drivable vehicles.
2.5 Auction Notification. N IMC shall notify its members and other prospective
sellers of upcoming auctions.
2.6 Consignment of Property. All items shall be reported by the participating sellers
to the Contractor, who shall report said property to the NWMC via email on an
Excel spreadsheet or similar, as directed by NWMC. The seller shall be
responsible for identifying any substantive defects to motor vehicles and
obtaining, prior to the sale, salvage or junk titles if applicable. The Contractor
may view said property at the seller's sites during normal business hours and take
photographs for the purpose of advertising the sale.
10 Lee anal Pant e . For all auction sales, whether in -Lane or on -line, r1�e following fees
shall apply:
3.1 Buyer's Fee. A Buyer's Fee of ten percent (10 %) of the gross purchase price of
each vehicle sale shall be charged to the buyer.
3.2 Seller's Fee. A Seller's Fee shall be imposed as follows:
3.2.1 NWMC Members - rive percent (S %) of the gross purchase price of cacti
vehicle sale.
4
12.2 Non -NWMC; Members -Ten percent (10%) of the gross purchase price of
each Vehicle sale.
3.3 Contractor's Fe&,�. The Contractor shall deduct from the gross revenues of each
sale the following fees: (i) eight percent (8%) of the gross amount of the sale, and
(h) any other fees owed to Contractor for services related to the vehicle, including
without limitation, wash and vacuum fees, detail foes and condition report fees.
Subject to approval by the selling agency, Contractor, or its subcontractors, shall
provide wash and vacuum services for a fee of $25 per vehicle, full detail services
for a fee of S90 per vehicle, and prepare condition reports for a fee of $35 per
vehicle. Contractor may also receive a satellite service fee to be mutually agreed
upon by the parties prior to the auction for any and all mobile sales that
Contractor provides.
3.4 NWMC SpnnsorshRp Fee, The Contractor shall rernit the following sponsorship
fees to NWMC:
3.4.1 N)WMC Members -Seven percent (7%) of the gross amount of each sale
from the sale of NVA4C Member vehicles at an auction sale,
3.4.2 Non -1 WIViQ Members - Twelve percent (12%) of the gross amount of
each sale from the sale of NWMC non-member vehicles at an auction sale.
3A.3 Sale Arnount in excess of $425,000 - If the total amount of gross amount
of each sale from the sale of NNAWC Member vehicles at an auction sale
exceeds $425,000, the NvVMC fees in Subsections 3.4.1 and 3.4.2 shall
increase by three percent (3%) for gross auction sales in excess of
$425,000.
3.5 Credit Card Fees. The Contractor shall be responsible for any credit card fees.
Ho'wever, should ttie credit card fees exceed one percent (1%) of the gross sale
amount for any auction, the amount in excess of one percent (1%) shall be borne
equally between the Contractor and NWMC and the fees payable under Sections
33 and 3.4 adjuste,`J accordingly.
3.6 Paymeut to Seflers. The Contractor shall collect all monies due and guarantee all
checks- Payment of the amounts owed under this Section 3 shall be remitted to
each seller within ten (10) business days after the auction.
4.0 Akj�p&t
, Lk,
4.1 During the sale, The Contractor and the NWMC representative shall use
reasonable efforts io resolve disputes with. buyers prior to the completion of the
sale, including, kut not limited to, nonpayment, repudiation or undisclosed
defects. In addition to any other remedies that may exist, the Contractor may void
the sale and re- auction the item.
where applicable, Premises and Operations, Broad Form Property Damage,
Independent Contractors, and Contractual Liability.
6.3 EAdence of Insurance. The Contractor shall provide NWMC with Certificates of
Insurance evidencing the above required insurance, prior to the commencement of
this Agreement, and thereafter with certificates evidencing renewals or
replacements of said policies at least fifteen (15) days prior to the expiration or
cancellation of any such policies.
7.0 Term. o[AgIttment. This Agreement shall cornmence as of the Effective Date and will
continue for a period of twelve (12) months. This Agreement may be extended for four
(4) additional one-year periods upon mutual agreement of both parties. Either party may
request a re-negotiation of the terms hereof during a period forty-five (45) days prior to
each one-year anniversary date of this Agreement.
8.0 Terminadon. Either party may terminate this Agreement, in whole or in part, upon sixty
(60) days written notice.
9.0 Indekendent Contractor. Contractor is an independent contractor and will not represent
itself as a legal representative, partner, agent or employee of NWMC or any participating
local government and may not create any express or implied obligations on behalf of
NWMC. Matters governing the terms and conditions of employment of Contractor's
employees, subcontractors or agent-, are entirely the responsibility of the Contractor.
Contractor will be solely responsible for complying with all tax and employee protection
laws,
110.0 Legal Complinaeg,
10.1 The Contractor shall comply with all applicable federal, state and local laws,
ordinances, rules and regulations.
10.2 All auctioneers shall be licensed by the State of Illinois.
10.3 The Contractor may decline to sell any motor vehicle for which a proper title has
tot been provided by the seller, including any vehicles that, in the Contractor's
sole opinion, are damaged to the extent that a salvage or junk certificate is
required.
10.4 Equal Employment Opportunity. Contractor shall comply with the Illinois Human
Rights Act, 775 ILCS 511 -101 et seq., as arnend4 and any rules and regulations
promulgated in accordance wherewith, including, but not limited to the Equal
Employment Opportunity Clause, Illinois Administrative Code, Title 44, Part 750
(Appendix A), which. is incorporated herein by reference.
11.0 The list of potential buyers maintained by NW MC shall. remain the
exclusive property of NWJ\4C, except to the extent that Con-tractor already has such
information in its possession or such information is generally available to the public. Said
list may be furnished to Contractor for the exclusive purpose of sending notices of
7
NWMC auctions. Contractor shall treat said lists as confidential information and not
disclose names, addresses or other data to any third party, nor shall said mailing lists be
used for any other purpose, unless such infbnnation is already in Contractor's possession
or such information is generally available to the public. Contractor may maintain a
mailing list of persons who attend NWMC auctions conducted by the Contractor and
utilize said mailing fists to advertise other sales conducted by Contractor. However, said
mailing list may not be disclosed to any third party nor used for any other purpose
without the express written consent of NWMC, unless such inforination is already in
Contractor's possession or is generally available to the public.
12.0 Arneudments. No modification or amendments of this Agreement or waiver of any
provision of this Agre-orne.tal shall be valid unless in writing and signed by both. parties.
The failure by any party to exercise any right provided for herein shall not be deemed a
waiver of that or any other right or option.
13.0 Notices. All notices, requests, demands and other communications required or permitted
to be made hereunder shall be in writing and shall be delivered personally or sent by
express delivery service or by certified mail. Notices shall be addressed to the parties at
the addresses appearing irt the introductory paragraph of this Agreement, but each party
may change the address by written notice in accordance with is paragraph.
14.0 Asti nment. Neither this Agreement, nor any duties or obligations under this Agreenient,
may be assigned by either party without the prior written consent of the other party.
15.0 eyerabafl r. If any provision of this Agreement is deemed or determined to be
unenforceable or invalid, such finding or determination shall not affect the validity or
enforceability of any other provision of this Agreement.
16.0 Readings. The headings contained. in this Agreement are for reference purposes only and
shall not in any way affect the interpretation, construction or enforcement of this
Agreement.
17.0 Governance. This Agreement will be governed, interpreted, construed and enforced in
accordance with the laws of the State of Illinois.
18.0 Entire Aereement, This Agreement represents the entire understanding between the
parties with respect to its subject matter.
THE ABOVE AGREEMENT IS ACCEPTED AND AGREED TO:
Northwest Munisi qALfgRfE2M
By:
Name:
Title-,
Date*
Manheim ReMarkedup Inc.
By:
Name:
Title:
Date
...... ...
Exhibit A
(HEREINAFTER CALLED
"WUSTPMERP
L WIHOSE PR-TNCTPAL PLACE OF BUSINESS IS AT —J �- �kkr- �?,b6 9
LAW . 11 HEREBY APPOINTS MANHEUA
RED ARKETINGANC., 6205 PEACHTREE DUNWOODY ROAD, ATLANTA, GAL
30328 AND ITS SUBSIDIARIES AND THEIR DESIGNEES (HEREINAFTER CALLED
"AUCTION"), AS CUSTOMER'S MEMBERS OR PARTICIPATING AGENCIES AGENT
WITH FULL AND COMPLETE AUTHORITY TO COMPLETE AND/OR SIGN ODOMETER
DISCLOSURE STATEMENTS, TITLE DOCUMENTS, AUCTION INVOICES, CHECKS,
DRAFTS, DIRECT FINANCING FORMS, OR ANY OTHER DOCUMENTS AS REQUIRED,
IN AUCTION'S DISCRETION, ON CUSTOMER'S MEMBERS OR PARTICIPATING
AGENCIES BEHALF WITH REGARD TO SERVICES PROVIDED BY AUCTION TO
CUSTOMER'S MEMBERS OR PARTICIPATING AGENCIES, INCLUDING BUT NOT
LIMITED TO SERVICES RELATING TO ANY AND ALL MOTOR VEHICLES OWNED,
SOLD, PURCHASED, STORED, INSPECTED, SERVICED, AND/OR CONDITIONED BY
OR FOR CUSTOMER'S MENDERS OR PARTICIPATING AGENCIES AT AUCTION.
AGREED TO AND AC(
STATE OF
COUNTY OF
'EPTED
SIGNATITRIE-
PRINT NAME
TITLE
DATE
on before me,
iame and title of the
notary officer], personally appeared personal y know to �Me(a proved to me on the
basis of satisfactory evidence) to be the person(s) whose name(s) is/ are subscribed to the within
instrument and acknowledged to me that he/she/ they executed the same in his/her/their authorized
capacity(ics), and that by his/her/their signature(s) on the instrument die person(s), or the entity upon
behalf of which the person(s) acted, VexAeth strument.
WITNESS my hand andok&ffificial sea
Signature (Seat)
My Commission ?xx�p! �;1�4 _
MUM W--F
ak
i
[AV MMENCE
NOTARY PUVX, - Z W
TAV
Legislative Summary
— - - - - -- —
_ Ordinance 14 -18
AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE, SEC. 12 -3 -55
TO MODIFY REGULATIONS REGARDING FENCES WITHIN FRONT YARD SETBACKS
Introduction:
Synopsis:
Purpose:
Backaround:
September 8, 2014
This ordinance will approve a text amendment to allow administrative review and approval
of fences in the street side yard of corner lots or multi - frontage lots, based on certain criteria and
requirements. Such by -right fences would be limited to 42 inches (3' — 6 ") in height; have a
minimum of 50% opacity; provide 10 ft. by 10 ft. sight line triangles at any point where two
pedestrian or vehicular access ways intersects (i.e. sidewalks, driveways, streets, alleys, etc.);
and only enclose that portion of the street side and adjacent rear yard that is in line with and
behind the rear portion of the principal structure, closest to the street side yard property line.
The Village code currently prohibits fences in front yards and any side or rear yard that abuts a
street. This ordinance will allow for a by -right review process for limited fencing within
portions of street side yards, on eligible corner or multi- frontage lots, while preserving the intent
of the original ordinance — to promote open yards and enhanced streetseapes along streets and to
ensure pedestrian and vehicular safety along sidewalks, streets, alleys, driveways and other
access ways by minimizing visual obstructions.
The Village of Morton Grove Unified Development Code prohibits fences within the
required front yard setback (Section 12 -3 -5). Further, the code requires that side and rear yards
that abut a street, such as for corner lots, through lots, and other multi- frontage lots, must
comply with front yard dimensional controls through zoning and the fence ordinance.
Recently, there have been a number of variance applications filed with the Zoning Board of
Appeals (ZBA) to allow for fences within the street side yards of corner lots, and in most cases
the ZBA approved modified versions of the original applications. The ZBA's changes typically
involved limiting the fence height; ensuring the fences were located an adequate distance from
sidewalks, alleys, driveways, or other access ways; and increasing the opacity in the fences to
create a more open feel and enhance aesthetics along the streetscape.
The proposed text amendment will allow administrative review and approval of limited
fences within the street side yard of a corner or multi- frontage' lot, which is defined as the yard
abutting a street that does not meet the definition of "Lot Frontage" and "Lot Line, Rear" in
accordance with Section 12 -17 -1 of the Unified Development Code, and with the following
requirements:
1. The street side yard of a subject property is part of a block where the entire block face,
between two public streets, includes only street side yards, but not on lots where the block
face, between two public streets, includes one or more front yards, on lots with street
frontage on three (3) sides where the street side yard is also within the required front yard
setbacks, or on Through Lots;
2. The fence shall only be permitted to enclose that portion of the street side yard that is in line
with and behind the rear of the back portion of the principal structure closest to the street
side yard property line;
3. The fence shall be no higher than 42 inches (3' — 6 ");
4. The fence shall have a minimum opacity of 50% and shall not be made of chain -link
material;
5. The fence shall not be located within 10 ft. by 10 ft. sight line triangles at any point where
Programs, Departs
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Admin Recommend:
Second Reading:
Special Consider or
Requirements:
the vehicular or pedestrian access way intersects a driveway, alley, sidewalk, or any other
vehicular or pedestrian access way.
This text amendment provides for a more streamlined review process for such applications
while maintaining the intent and integrity of the Unified Development Code, and is consistent
with fence regulations in many neighboring communities.
PC #14 -13 was presented to the Plan Commission for public hearing on August 18, 2014. There
was no public comment and the Plan Commission voted to recommend approval of the text
amendment to the Village Board, with one minor amendment, which has been incorporated
into this current draft ordinance. (5 -0 -2; Kahn abstaining; Gabriel absent).
Community and Economic Department
N/A
N/A
These amendments will be implemented by the Community and Economic Development in the
normal course of business.
Approval as presented
September 22, 2014, required — Municipal Code Book change
None
Submitted by: y�...�
Reviewed b
y J. orne, ,j..4411age Administrator Teresa Hoffman Liston, Corporation Counsel
Prepared by: _
N
ty and Economic Development Director
ORDINANCE 14 -18
AMENDING THE VILLAGE OF MORTON GROVE UNIFIED
DEVELOPMENT CODE, SECTION 12 -3 -59 TO MODIFY REGULATIONS
REGARDING FENCES WITHIN REQUIRED FRONT YARD SETBACKS
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a
home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the
State of Illinois, can exercise any power and perform any function pertaining to its government
affairs, including but not limited to the power to tax and incur debt; and
WHEREAS, the Village continuously reviews and, as it deems necessary, updates
existing Municipal Codes to assure they are kept current and relevant; and
WHEREAS, the applicant, Village of Morton Grove, has made a proper application to the
Plan Commission in case number PC14 -13 to consider and recommend the adoption of a text
amendment to the Village of Morton Grove Unified Development Code, Section 12 -3 -5, to
modify regulations regarding fences within required front yard setbacks; and
WHEREAS, pursuant to the applicable provisions of the Municipal Code upon public
notice duly published in the Pioneer Press, a newspaper of general circulation in the Village of
Morton Grove which publication took place on July 31, 2014, a public hearing was conducted on
August 18, 2014 relative to the above referenced case at which time all concerned parties were
given the opportLuzity to present and express their views for the consideration of the PIan.
Commission. As a result of said hearing, the Plan Commission made certain recommendations
and conditions through a report dated August 21, 2014, a copy of which is attached hereto and
made a part hereof and marked as Exhibit "A "; and
WHEREAS, Section 12 -3 -5 -A of the Unified Development Code prohibits fences within
any part of a front yard, which includes side and rear yards that abut a street on corner lots,
through lots, and multi- frontage lots (Sections 12 -2 -6 and 12 -17) whereby such lots may have
limited yard space which can be enclosed by a fence, by right; and
WHEREAS, the intent of ordinance which prohibits fences within front, side or yard
that abuts a street is to maintain an open view line along public rights -of -way, to enhance the
aesthetics of the streetscape, and to promote pedestrian and vehicular safety by minimizing
visual obstructions along sidewalks, alley, driveways, streets, etc.; and
WHEREAS, the Zoning Board of Appeals (ZBA) has received several variance
applications from property owners seeking approval of some limited fencing within street side
yards and after consideration of the applications, many of which were approved provided that
such fencing did not have an adverse impact on the immediate abutters, did not cause any
perceived obstructions with necessary sight lines, included some level opacity and were limited
in height as a means to maintain some openness along the streetscapes and to .ensure continued
pedestrian and vehicular safety; and
WHEREAS, staff reviewed. the trends of these past ZBA decisions along with fence
regulations from several neighboring communities and determined that limited fencing within
the street side yard setback could be permitted by right, based on certain requirements and
standards, without compromising the intent of the original ordinance; and
WHEREAS, the proposed text amendment regarding street side yard fencing is
comparable to what is permitted by right in many neighboring communities but includes
additional conditions to ensure compliance with the Village's goal and intent to maintain
openness along public ways and to promote vehicular and pedestrian safety along driveways,
sidewalks, alleys, street, and other access ways; and
WHEREAS, the proposed requirements for administrative approval of street side yard
fences are in line with the street side yard variance applications and associated conditions
approved by the ZBA and provide some level of consistency of design for such fences, which
will enhance the aesthetics of the streetscape; and
WHERAS, the proposed text amendment upholds the intent of the Village's ordinances
which promote open yards and enhanced aesthetics along public rights-of-way while providing
some opportunity for additional privacy and enclosure within portions of street side yards; and
WHEREAS, the overall regulation prohibiting fences in the front yard would remain and
property owners may still seek variances to the ordinance through the ZBA to allow for fences in
front and rear yards that abut streets and /or to try to extend or alter the amount or type of fencing
that would be permitted by right in the street side yards; and
WHERAS, The Corporate Authorities have concluded that the proposed amendment will
preserve the intent of the Unified Development Code to allow for the orderly development and
redevelopment of the Village while streamlining the development approval process; and
WHEREAS, the Corporate Authorities have considered this matter at a public meeting and
find the text amendment, when evaluated in the context of the whole Village, serves the public
good; and
WHEREAS, the Village is desirous of assuring all policies are kept current and relevant.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Ordinance, as though fully set forth herein, thereby making the findings as
hereinabove set forth:
SECTION 2: Title 12 entitled Unified Development Code, Chapter 3, entitled Regulation
of Specific Uses in All Zoning Districts, Section 12 -3 -5 entitled Fences of the Municipal Code is
hereby amended by modifying this section as follows:
12 -3 -5: FENCES:
Fences are permitted in all districts, subject to the following restrictions:
A. No fence shall be allowed within any part of a required front yard or any part of a
required rear yard that front a street, such as in the case of through lots or multi -
frontage corner lots, except t where a id yard .,b.utfi, !so abuts u
alley of reeord-
B'. Fences shall be permitted within portions of the street side yard of corner lots, which is
defined as the yard abuttin14 a street that does not meet the definition of `Lot
Frontagge" and "Lot Line, Rear" in accordance with 'Section 12 -17 -1 of the Unified.
Development Code, with the following requirements:
a. The street side yard of a subject property which is part of a block where the
entire block face, between two public streets, includes only street side yards, as
shown in "Exhibit 1 – Eliaible Lots" but not on lots. where the block face,
between two public streets, includes one or more front yard, on lots with street
frontage on three (3) sides where the street side yard is within the required front
yard setbacks, or on Tbrough Lots as shown in "Exhibit 2 – Ineligible Lots"
Exhibit 1: Eli0ble Lots
LO
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(Addresses 8945 and 894 would be eligible for limited "by -rij4ht "_street side yard
fence under this amendment
66L) 0
(Addresses 6600 would be cliZible for limited "by- right" street side yard fence under
this amendment)
Exhibit 20 Ineligible Lots
(Address 8952 would NOT be eligible for limited "by- rijZht" street side yard fence
under this amendment because the street side yard is also within the repaired front
yard setback along the front and rear)
(Addresses 8950 and 8946 would NOT be eligible for a by -right front or rear yard
fence under this amendment)
bo The fence shall only be permitted to enclose that portion of the street side yard
that is in line with and behind the rear portion of the principal structure closest
to the street side yard property line, as exemplified in "Exhibit 3 Permitted
Location of Street Side Yard Fences ";
"Exhibit 3 Street Side Yard Fence Permitted Location"
r,-
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c. The fence shall not be hij4her than 42 inches (3:5 ft.);
d. The fences shall have a minimum opacity of 50 % and shall not be made of
chain -link material; and
c. The fence shall not be located within_ 10 ft. by 10 ft. sight line triangles at any
point where the vehicular or pedestrian access way intersects a driveway, alley,
sidewalk. or other vehicular or pedestrian access way, As exemplified by
"Exhibit 4 — Sight Line Triangle"
Exhibit 4e 10 ft. Sight Triangles
CD
CD
BC. The table lists maximum fence heights for properties in the various zoning districts:
Abutting Lot In Zoning District
Lot In Residential Commercial Manufacturing
Zoning District
Residential
6 feet
7 feet
7 feet
Residential — within designated street
3' -6 "feet
3' -6" feet
3' -6" feet
side yard area, per Sec. 12- 3=5.B.
Commercial
7 feet
7 feet
7 feet
Manufacturing
7 feet
7 feet
7 feet
ED. In no event shall any fence be placed or maintained in a location relative to a public or
private street, alley, driveway or other means of egress such that the sight of oncoming
vehicular or pedestrian traffic is impaired for users of such means of ingress and egress.
DE. All fences must be installed in accordance with title 10, chapter 9 of this code.
DF. Anv applications for variations to the fence requirements, included herewith, shall.be
reviewed based on the followintl:
L The proposed fence variation shall meet with the intent of the design and
develonment standards established in 12- 3 -5:B., above;
2. The proposed fence variation shall not have an adverse ii
abutters or the character of the surrounding neijhborhood;
iate
3. The proposed fence variation shall not create obstructions in required siLyht lines at
areas where a pedestrian or vehicular ways intersect with driveways, streets, alleys,
PASSED THIS 22nd DAY OF SEPTEMBER 2014
Trustee Grear
Trustee Witko
Trustee Marcus
Trustee Pietron
Trustee Thill
Trustee Toth
APPROVED BY ME THIS 22nd DAY OF SEPTEMBER 2014
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This 23rd DAY OF SEPTEMBER 2014
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
w.
Im
From
Date:
Village of Morton Grove
Department of Community Development
Village President and Board of Trustees - %�
Ronald L. Farkas, Chairperson, Plan Commission
Nancy Radzevich, AICP, Community and Economic Development Director'
Dominick A. Argumedo, AICP, Zoning Administrator /Land -Use Planner
September 2, 2014
Re: PC14-13 — Proposed Text Amendment to Section 12 -3 -5 of the Morton Grove
Unified Development Code (Ordinance 07-02) to modify regulations
regarding fences within front yard setbacks
Commission Report
Public Hearing Notice
The Village provided Public Notice for the August 18, 2014 Plan Commission public hearing for PC
14 -13 in accordance with the Unified Development Code, The Pioneer Press published the public
notice on July 31, 2014. As this request is for a text amendment, not a request for a specific site,
no public notice signs or notification letters were required.
Background and Application Overview
Currently the Village Code does not permit fences in any part of the front yard (Section 12 -3 -5).
For corner lots, through -lots, and other properties with multi- frontage, this provision extends to
include any side or rear yard that abuts a street as these are considered "front yards" under
zoning dimensional controls and related to fencing. Under the current code requirements, the
owner of a corner iot, through lot or multi- frontage lot can seek a variance through the Zoning
Board of Appeals (ZBA) to enclose any portion of their front, street side yard and /or their rear
yard with a fence, depending on the configuration of such lots. Recently, there have been
numerous applications from property owners seeking variations to allow for a fence within a
"required front yard," primarily and specifically to allow fences within a portion of the street side
yard on corner lots. In order to try to seek balance between property owners' desire for privacy
and the ordinance requirements, staff has proposed a text amendment to allow for some limited
by -right fencing within the street side yards.
As detailed in the staff memorandum to the Plan Commission, dated August 12, 2014 (Attachment
A), the proposed amendment would allow fences to be permitted by right in portions of the street
side yards of corner lots subject to the follow requirements
• The fence shall be no higher than 42 inches (3'— 6'�;
• The fence shall have a minimum opacity of 50% and not be made of chain -link material;
• The fence shall not be located within 10 ft. by 10 ft. sight fine triangles at any point where
a vehicular or pedestrian access way intersects a driveway, alley, or any other vehicular or
pedestrian access way;
• The fence shalt be allowed in that portion of the street side yard that is in line with and to
the rear of the back portion of the principal structure, as measured at the point closest to
the street side yard.
Board Report- September 2, 2014
PC #14 -13: Text Amendment /Fences
August 18, 2014 Public Hearing
Dominick Argumedo, Zoning Administrator /Land -Use Planner, provided an overview of the Plan
Commission staff memorandum dated August 12, 2014 (Attachment A).
Mr. Argumedo noted the intent of the Village's prohibition on fences in the front yard is to
maintain open space along the streetscape and to promote pedestrian and vehicular safety by
minimizing the visual barriers. Current fence regulations, however, provide limited opportunities
for owners of corner lots or multi- frontage lots to have fencing as the Unified Development Code
specifies that side yards that abut streets are required to follow the requirements established for
front yards. As noted above, property owners of corner lots often seek a variance to enclose a
portion of their street side yard and /or their rear yard with a fence, depending on the
configuration of such lots, to allow for some usable enclosed yard space.
Mr. Argumedo testified that a number of cases have been filed before the ZBA to allow for fences
within the street side yards of corner lots. Those applications which were approved by the ZBA
often included conditions that were designed to preserve the intent of the ordinance to try to
maintain an open streetscape and to protect pedestrian and vehicle safety. These conditions often
included reductions to the proposed fence height; increasing setbacks of the fences from
sidewalks, alleys, and /or driveways to provide clear "sight lines "; and provisions to try to increase
fence opacity.
Mr. Argumedo noted that based on the trends of the variance applications and the ZBA's actions
on those they approved, staff initiated this text amendment to allow fences in limited portions of
the street side yards. This proposed amendment would enhance property owners' use of their
property; help to provide uniformity to street side yard fence design and construction through
establishment of height, material and opacity requirements; promote pedestrian /vehicular safety
and reduce visual barriers; accommodate the Village of Morton Grove's desire for open yards
along the streetscape; and to reduce permit review time on such applications.
Mr. Argumedo noted the current regulation prohibiting fences in the front yard would remain.
However, applicants may still seek variations to allow for extended street side yard fences or
fences within front and rear yards that abut streets. In such cases, staff notes that by
incorporating height, material and opacity requirements for the by -right street side yard fencing,
the ZBA will have some criteria by which they can review the variance application in addition to
reviewing them against the intent of the original ordinance - to preserve and enhance open
streetscapes and promote vehicular and pedestrian safety.
Mr. Argumedo also provided an overview of the diagrams, which were included in the staff memo,
to illustrate which types of lots and /or configurations would be eligible for by -right fencing in the
street side yard setback. Staff is proposing to include these diagrams in the updated ordinance,
Public Hearing —Board Comment /Inquiry
Chairman Farkas asked for questions from the commissioners.
Commissioner Dorgan asked how the amendment impacts bushes or vegetation placed at the
property line. Mr. Argumedo noted that per the Unified Development Code, a fence can include
bushes and vegetation. Any planting of bushes along the property line for eligible lots under this
proposed amendment would need to meet the height and opacity requirements. Staff would need
Board Report- September 2, 2014
PC #14 -13: Text Amendment/ Fences
to examine submissions and understand the potential future impact of such plantings (would the
bushes grow together to provide for an opacity below 50% or grow to a height beyond 42
inches ?) before approval. Mr. Dorgan asked if the amendment would be retroactive and if fences
currently placed on the property line would need to be adjusted /reduced to meet the forthcoming
code. Staff noted that fences constructed before the Unified Development Code prohibited front
yard fences would be legal non - conforming structures. Fences built after the ordinance prohibited
fences in the front yard, without proper permits, are non - compliant and could be subject to code
enforcement actions and /or subsequent removal. For fences comprised of vegetation, the same
holds true except that even legal non - conforming organic fences are required to adhere to
property maintenance standards.
Commissioner Shimanski expressed concern that some vegetation that meets the Unified
Development Code definition of a fence, but that would not meet the regulations of the proposed
amendment, provides benefit as sound barriers for homes on busy streets. Nancy Radzevich,
Community and Economic Development Director, acknowledged the validity of that point and
noted the amendment is intended to strike a balance: to establish some limited ability to construct
street side yard fences by- right, but to still allow property owners to seek variances for site
specific challenges. Ms. Radzevich went on to say that staff initially discussed eliminating the
ability for anyone to seek a variance for a front yard fence, but after further discussion staff
recognized that the variance process exists to successfully examine appropriate circumstances
where relief from the code may be appropriate.
Commissioner Blonz inquired where a property owner could place a fence when a utility easement
exists on the property. Ms. Radzevich noted that at present, staff first discusses an application
with the Village's Public Works department to understand the likelihood of the easement being
used in the future and then advises the applicant that if Village's Public Works department or a
utility company needs to access that portion of property the fence would be removed and Village
is under no obligation to repair or replace it.
Commissioner Blonz inquired about the permitted fence height beyond the required front yard
setback on lots that meet the eligibility requirements. Staff noted a fence beyond the required
front yard setback in the side and rear yards could be built to a height of 6 ft. as stated in the
existing code.
Commissioner Blonz inquired if the proposed 10 ft. sight line triangle would be for driveways as
well as alleys and roads; staff confirmed this would be the case. Commissioner Blonz inquired
what style of fences would have 50% opacity. Staff noted that picket fences and wrought iron
would be appropriate examples, but chain link fence would not be allowed by- right. If there is a
debate over materials in a fence submission between the applicant and staff, the fence application
would be forwarded to the ZBA for final determination.
Commissioner Blonz asked if a fence variance application that the ZBA had denied could be
subsequently approved under this text amendment. Ms. Radzevich noted that there are specific
requirements in the codes that prevent people from re- applying, after a denial, for a set time -
frame or unless the application substantial changes. In this case, staff believes that a property
owner who had been denied a street side yard fence could submit a new plan and gain approval
by- right, if it complied with the proposed ordinance.
Board Report- September 2, 2014
PC #14 -13: Text Amendment /Fences
Commissioner Shimanski sought clarification of the portion of the amendment that said the fence
shall only be permitted to enclose that portion of the street side yard that is in line with and to the
rear of the back portion of the principal structure. He noted that if a home had a staggered back
exterior wall, then there may be questions as to which portion of the "rear part of the principal
structure" would dictate for the by -right approval process. He suggested it should be the rear
part of the principal structure, nearest the street side yard. Staff agreed this could be a point of
contention and worked with the Commission to modify the amendment language to state, that it
would be the rear of the principal structure, nearest to the street side yard.
Commissioner Blonz inquired if the ZBA could grant front yard variances beyond the standards
(height, opacity, location) in the proposed amendment. Ms. Radzevich noted that the Board could
exceed the administrative approval limitations within the amendment. However, staff hopes that
the ZBA would use these criteria as guidelines (for height, opacity and placement) in the
determination of subsequent front yard fence variance applications. An example might be if the
ZBA receives a variation application asking that the height be increased to 48 inches, if the ZBA
believes the height waiver is warranted, the Board may make additional provisions, such as
requiring an additional setback (i.e. 5 ft. from the property line) to help retain the intent of the
original ordinance – to preserve open streetscapes and to promote vehicular and pedestrian
safety. Staff also confirmed that the amendment did not include any limitation on the extents of
the waivers that could be requested or approved by the ZBA.
Commissioner Khan inquired why the proposed amendment is not being extended to all corner
lots instead of solely blocks that are entirely composed of street side yards. Ms. Radzevich noted
that allowing all corner lots to be eligible for fences would conflict with the inherent intent of the
ordinance – which is to preserve open front yards along the streetscape. Allowing by -right fences
along street side yards that abuts or aligns with a block of one of more true front yards could
have adverse impacts on the abutters, who may not want a fence along their front yard, and on
the overall streetscape for that block. Owners of lots not eligible under this proposed amendment
can still apply for a variance to try to enclose a portion of their street side yard.
Public Hearing— Public Comment
Chairperson Farkas asked if anyone was present that wanted to be heard on this case. No one
asked to speak.
Public Hearing —Board Discussion and Mote
Chairperson Farkas asked for a motion to approve Case PC14 -13.
Commissioner Blonz made a motion to recommend approval of the proposed text amendment,
PC #14 -13, with the requirements included in the staff memo dated August 12, 2014 with the
modification to proposed Section 12- 3 -5 -B -b to read as "The fence shall onfil be permitted to
enclose that portion of the street side yard that is in line with and behind the rear portion of the
principal structure closest to the street side yard property line. "
Motion was seconded by Commissioner Dorgan. The amendment was recommended for approval
by majority vote. (5 -0 -2; Commissioner Kahn abstained; Commissioner Gabriel absent)
Board Report- September 2, 2014
PC #14 -13: Text Amendment/ Fences
PC 14 -13 PROPOSED TEXT AMENDMENT LANGUAGE
(AMENDED, PER PLAN COMMISSION RECOMMENDATION)
(New Text shown in bold /underlined format; any deleted text shown as str�ket format)
12 -3 -5: FENCES:
Fences are permitted in all districts, subject to the following restrictions:
A. No fence shall be allowed within any part of a required front yard or any part of a required rear
_yard that front a street, such as in the case of through lots or multi - frontage corner lots.
D. Fences shall be permitted within portions of the street side yard of corner lots, which is defined as
the vard abutting a street that does not meet the definition of "Lot Frontage" and "Lot Line,
Rear" in accordance with Section 12 -17 -1 of the Unified Development Code, with the following
requirements:
a. The street side vard of a subject property which is part of a block where the entire block
face, between two public streets, includes only street side vards, as shown in "Exhibit 1 —
Elagible Lots" but not on lots where the block face, between two public streets, includes
one or more front vard, on lots with street frontage on three (3) sides where the street side
vard is within the required front vard setbacks, or on Through Lots as shown in "Exhibit
2 — Ineligible Lots"
Exhibit 1: Eligible Lots
this amendment)
(Addresses 6600 would be eligible for limited "bv- right" street side vard fence under this
amendment)
Exhibit 2: Ineligible Lots
aJ
�PO
co�
PO
M
(Addresses 8945 and 8944 would be eligible for limited
"bv- right" street side vard fence under
this amendment)
(Addresses 6600 would be eligible for limited "bv- right" street side vard fence under this
amendment)
Exhibit 2: Ineligible Lots
Board Report- September 2, 2014
PC #14 -13: Text Amendment/ Fences
(Addresses 8621 and 8601 would NOT be eligible for limited "by-right" street side vard fence
under this amendment)
t i.
y
y
(Address 8452 would NOT be eligible for limited "by- right" street side yard fence under this
amendment because the street side yard is also within the required front yard setbacks alone
the fro t and rear
(Addresses 8950 and 8946 would NOT be eligible for a by -right front or rear yard fence under
this amendment)
{ t
.. _..
CP
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LO
(Addresses 8950 and 8946 would NOT be eligible for a by -right front or rear yard fence under
this amendment)
Board Report- September 2, 2014
PC #14 -13: Text Amendment /Fences
b. The fence shall only be permitted to enclose that portion of the street side vard that is in
line with and behind the rear portion of the principal structure, closest to the street side
vard property line, as exemplified in "Exhibit 3 — Permitted Location of Street Side Yard
Fences ";
an
FRONT
(Reyu -d
Front yard)
... ten'.
m
REAR:"';' -
(Rt4ulrar}
F,.W YA i•_ i
I
c. The fence shall not be higher than 42 inehes i3.5 ft.i;
d. The fences shall have a minimum opacity of 50% and shall not be made of chain -link
CO
- a
Potential Frnre Area
I ft.
\i U ft.
a
i
Permitted Fence Location
-
_. U)
r_,
G)
U
t
FRONT
(Reyu -d
Front yard)
... ten'.
m
REAR:"';' -
(Rt4ulrar}
F,.W YA i•_ i
I
c. The fence shall not be higher than 42 inehes i3.5 ft.i;
d. The fences shall have a minimum opacity of 50% and shall not be made of chain -link
CO
- a
Potential Frnre Area
I ft.
\i U ft.
Board Report- September 2, 2014
PC #14 -13: Text Amendment/ Fences
-BC. The table lists maximum fence heights for properties in the various zoning districts:
A Lot In
j Abutting Lot In Zoning District
Zoning District
I
!Residential
i iCommercial
j (Manufacturer
Residential
1 1 6 feet �j
7 feet
~ 7 feet
Residential — within designated street side vard 3' -6 "feet
f 3' -6" feet
~1 3' -6" feet
area, per Sec. 12- 3 -5.13.
i
Commercial
j 7 feet
j
I 7 feet
( 7 feet
Manufacturing
_ 7 feet
Mj^ 7 feet
7 feet
C-D. In no event shall any fence be placed or maintained in a location relative to a public or private street,
alley, driveway or other means of egress such that the sight of oncoming vehicular or pedestrian traffic
is impaired for users of such means of ingress and egress.
DE. All fences must be installed in accordance with title 10, chapter 9 of this code.
DF. Any applications for variations to the fence requirements, included herewith, shall be reviewed
based on the following:
1. The proposed fence variation shall meet with the intent of the design and development
standards established in 12- 3 -5:B.. above-,
2. The fence variation shall not have an adverse impact on the immediate abutters or
the character of the surrounding neighborhood-,
3. The proposed fence variation shall not create obstructions in required sight lines at areas
where a pedestrian or vehicular ways intersect with driveways, streets, alleys, or other
pedestrian or vehicular access way.
��x
Village of Morton Grove
Department of Community Development
To: Chairperson Farkas and Members of the Plan Commission
From: Nancy Radzevich, AICP, Community & Economic Development Director ifs
Dominick Argumedo, AICP, Zoning Administrator /Land -Use Planner
Date: August 12, 2014
Re: Plan Commission Case PC 14 -13: Proposed Text Amendment to Section 12-
3-5 of the Morton Grove Unified Development Code (ordinance 07-07) to
modify regulations regarding fences within front yard setbacks
STAFF MEMORANDUM
Public Notice
The Village provided Public Notice for the August 18, 2014 Plan Commission public hearing for
PC 14 -13 in accordance with the Unified Development Code. The Pioneer Press published the
public notice on ]uly 31, 2014. As this request is for a text amendment, not a request for a
specific site, no public notice signs or notification letters were required.
Background
Section 12 -3 -5 -A of the Unified Development Code states, "No fence shall be allowed oP any
part of a front yard, except where a side yard abutting a street also abuts a public alley of
record" The Unified Development Code Section 12 -2 -6 -F states: "The side yard abutting a
street on a corner lot shall be considered a front yard for the purposes of the applicable setback
requirements of the zoning district within which it is located." In addition, Through Lots are
defined as, "A lot which has a pair of opposite lot lines along two (2) streets and which is not a
corner lot. On a through lot, both street lines shall be deemed front lot lines." In the case of
corner lots, through lots and lots with three sides of street frontage are limited in the amount of
yard space that can be enclosed by a fence when compared to standard interior lots.
uired Front Yards
Red boxes indicate required front yards
Under the current code requirements, the owner of a corner lot or through lot or other similar
lot with multiple street frontages needs to seek a variance to enclose any portion of their corner
side yard and /or their rear yard with a fence, depending on the configuration of such lots.
PC14 -13 — Plan Commission Staff Report
August 12, 2014
While the intent of the current ordinance is to maintain open space along the streetscape and
to promote pedestrian and vehicular safety by minimizing the visual barriers along public
sidewalks and adjacent to alleys, driveways, etc., the Unified Development Code does not
provide any guidelines for granting such variances for fences in the street side yards or rear
yards of corner lots, through lots, or other lots with multiple frontage.
Staff notes that there have been a number of cases filed before the ZBA to allow for fences
within the street side yards, and in most cases the ZBA approved modified versions of the
original applications. The changes typically involved reducing the height of the fences from 6 ft.
to 4 ft. or less; moving such fences away from sidewalks, alleys, and /or driveways to provide
some clear "sight lines" and reduce potential pedestrian - vehicular conflicts; and to encourage
some opacity in the fences to create a more open feel and enhance aesthetics along the
streetscape. Although current staff has not received applications for fences for rear or street
side yards for through lots and /or multi- frontage lots, staff notes that similar issues with
respect to potentially allowing fences along those yards that front public rights -of -way and are
adjacent to sidewalks, alleys, etc.
Based on the trends of the applications and the ZBA's actions on those which were approved,
staff is proposing modifications to the fence regulations to allow fences in portions of the street
side yards under certain circumstances in order to enhance property owners' use of their
property; provide uniformity to street side yard fence design and construction; promote
pedestrian /vehicular safety and reduce visual barriers within a drivers' sight lines; accommodate
the Village of Morton Grove's desire for open yards along the streetscape; and to reduce permit
review time on such variance cases. The overall regulation prohibiting fences in the front yard
would remain, which applies to rear yards that front public streets (either through lots or other
multi - frontage lots). However, applicants may still try to seek variations to allow for fences in
the front and rear yards that abut streets and /or to try to extend what would be permitted by
right in the street side yards. The criteria established for by -right street yard fences in this
forthcoming amendment should be used in the determination of appropriate variance approvals
for front and rear yard cases.
Discussion
Proposed Amendments
Staff proposes that fences be permitted by right in portions of the street side yards of corner
lots, which is defined as the yard abutting a street that does not meet the definition of "Lot
Frontage" defined as "The front of a lot shall be the boundary of a lot along a public street for
a corner lot, the front of the lot shall be that boundary of a lot along a public street which
provides the maximum lot depth "and "Lot Line, Rear," defined in part as "That boundary of a
lot which is most distance from, and is, or is approximately, parallel to, the front lot line,.. " in
accordance with Section 12 -17 -1 of the Unified Development Code, and subject to the following
requirements:
The street side yard of a subject property which is part of a block where the entire block
face, between two public streets, includes only street side yards, as shown in "Exhibit i
— Eligible Lots," but not on lots where the block face, between two public streets,
includes one or more front yard, on lots with street frontage on three (3) sides where
the street side yard is also within the required front yard setbacks, or on Through Lots
as shown in "Exhibit 2 — ineligible Lots"
PC14 -13 — Plan Commission Staff Report
August 12, 2014
ELI
66p0 -- ..
(Address 6600 would be eligible for a limited "by- right "street side yard fence under this
amendment)
5921
j
(Addresses 8621 and 8601 would NOT be eligible for limited "by- right "street
side yard fence under this amendment because the block face includes front
Yards)
P[14-13— Plan Commission Staff Report
August 12, 2014
° The fence ShoU Only be permitted to enclose that portion of the street Side yard that is in
line and to the rear of the back portion of the principal structure, as exemplified in
"Exhibit 3 — Street Side Yard Fence Permitted Location":
� ^�
PC14-13— Plan Commission Staff Report
August 12, 2014
* The fence shall be no higher than 42 inches /]'-6" ;
° The fence shall have d minimum opacity Of 50% and shall not be made of chain-link
material;
° The fence ShOU not be located within sight line triangles of1Uft, by 10 ft. at any point
where the public sidewalk intersects a driveway, aUey, or any other vehicular or
pedestrian access way, as exemplified "Exhibit 4 — Sight Triangles".
PC14 -13 — Plan Commission Staff Report
August 12, 2014
Supports the Intent of Open Yards
Morton Grove is a desirable place to live for a variety of reasons — including its housing stock
and well maintained residential neighborhoods. The Village, like most other communities,
enacted a prohibition on front yard fences to promote an open sense of community, to enhance
the aesthetics and character of the public streetscapes, and eliminate vehicular and pedestrian
obstructions along public right -of -ways. However, allowing limited fences, with defined
development standards, in street side yards will also allow for some use of private recreation
space while still complying with the intent of the current ordinance.
The proposed text amendment will comply with the intent of the original ordinance prohibiting
fences within required front yards and rear yards on through lots and /or multi- frontage lots
where rear yards front streets, while allowing for some limited fencing in street side yards,
under certain circumstances. Specifically, this amendment requires any fences permitted within
the street side yards of corner lots, must be installed with a minimum 10 ft. by 10 ft, sight line
triangle at all locations where an alley or driveway abuts a public sidewalk or other pedestrian
or vehicular access way. This will ensure that vehicles and pedestrians will have clear visibility
at potential vehicular /pedestrian conflict points. To further reinforce the sight lines, the
proposed maximum 42 inch (3' — 6'� height limit for street side yard fences complies with
engineering standards for clear sight lines by drivers within vehicles. Further, the proposed 42
inch fence height limit, the 50% opacity requirement, the limitations on the location of the
street side fencing promotes the Village's desire to maintain as much open space as possible
along residential streetscapes. Finally, by limiting the by -right permitting to only those
properties where the block face is made of only street side yards, this text amendment will limit
the potential for fencing to be installed on a property, adjacent to another property owner's
front yard.
Staff believes that creating standards for installation of street side yard fencing, reflecting types
of installations approved by the ZBA in the past and engineering best practices, will enhance
overall neighborhood character. A 42 inch (3'- 6 ") fence height with 50% opacity limit will
provide some sense of privacy and security and by prohibiting the installation of chain link
fences within street side yards, the aesthetics and integrity of the residential neighborhoods and
streetscapes will be preserved and maintained. Staff suggests that these base level standards
be carried forward when the ZBA considers any applications to extend the street side yard fence
area beyond what would be permitted by right.
Through this proposed text amendment, staff is proposing to allow for limited street side yard
fencing by right, as long as such fencing complies with certain criteria described above and in
Attachment "A ". Residents would be allowed to seek variations from these provisions, through
the ZBA, to potentially allow for more of the street side yard to be enclosed, to try to increase
the height or to decrease the opacity, etc. Those cases will still be heard and decided by the
ZBA on a case -by -case basis.
In fine with lVeighboring lviunicipalities
This proposed text amendment regarding front and street side yard fencing is comparable to
albeit a little more stringent than what is permitted by right in many neighboring communities.
In researching fencing regulations, staff found that Park Ridge, Glenview, Niles, and Evanston
all prohibit front yard fences, but permit street side yard fencing, on corner lots; while Skokie
prohibits all front and corner side yard fences except at schools, public parks, governmental
PC14 -13 — Plan Commission Staff Report
August 12, 2014
uses, and public utilities, required for the protection of the public in residential zoning districts.
Des Plaines was the only community in the survey that allows fences in all front yards.
While most of these communities allow for street side yard fences by right, each community has
certain provisions that must be followed. For example, Evanston requires a 3 ft. sight triangle
along alleys and Niles does not permit fences to beyond the front building line to a street or
within 30 feet of a street intersection. The proposed amendment is in line with neighboring
communities, but includes additional conditions to ensure compliance with the Village's desire of
openness along public ways and to promote vehicular /pedestrian safety along driveways, public
sidewalks and access ways.
Benefit Summatlon
The proposed text amendment upholds the intent of the Village's ordinances which promote
open yards along public right of ways while providing some balance to allow additional privacy
and enclosure on residential corner lots. In addition, the amendment will allow fence
applications, which meet criteria to be reviewed and approved by -right and will promote the
orderly development of the Village while streamlining the development approval process.
Further this text amendment will continue to allow residents to pursue variations related to
street side yard fencing requirements and /or to try to install fencing within the front yard or
rear yard of through lots or multi- frontage lots. The ZBA should use the proposed amendment
criteria (42" in height, 50% opacity, with required 10 ft. sight triangles) and the overall intent of
the original ordinance (to preserve and enhance open streetscapes) in the review of the
appropriateness of fence variance applications.
Recommendation
If the Plan Commission supports this text amendment, Staff suggests the following motion:
Plan Commission recommends approval of Case #PC14 -13, for Text Amendments to Section 12-
3-5 of the Moron Grove Unified Development Code (Ordinance 07 -07) to allow fences in street
corner side yards, which is defined as the yard abutting a street that does not meet the
definition of "Lot Frontage" and "Lot Line Rear" in accordance with Section 12 -17 -1 of the
Unified Development Code, in accordance with the requirements listed in "PC 14 -1.3
ATTACHMENT 'A' — Proposed Text Amendment for Section 12 -3 -5 of the Unified Development
Code (Ord. #07 -07)." :
Attachments,
- Application
- PC 14 -13 ATTACHMENT "A" — Proposed Text Amendment for Section 12 -3 -5 of the Unified
Development Code (Ord. #07 -07)
PC14 -13 — Plan Commission Staff Report
August 12, 2014
PC 14 -1.3 ATTACHMENT "A" PROPOSED TEXT AMENDMENT FOR SECTION 12 -3-
5 OF THE UNIFIED DEVELOPMENT CODE (ORD. 407 -07)
12 -3 -5: FENCES:
Fences are permitted in all districts, subject to the following restrictions:
A. No fence shall be allowed within any part of a required front yard or any part of a required
rear yard that front a street, such as in the case of through lots or multi - frontage corner
lots. ,
D. Fences shall be permitted within portions of the street side vard of corner lots, which is
defined as the vard abutting a street that does not meet the definition of "Lot Frontage"
and "Lot Line, Rear" in accordance with Section 12 -17 -1 of the Unified Development Code,
in accordance with the following requirements:
a. The street side yard of a subject property which is part of a block where the entire
block face, between two public streets, includes only street side yards, as shown in
"Exhibit I — Eligible Lots" but not on lots where the block face, between two public
streets, includes one or more front vard, on lots with street frontage on three (3) sides
where the street side yard is within the required front vard setbacks, or on Through Lots as
shown in "Exhibit 2 — Ineligible Lots"
� 1
t
(Addresses 8945 and 894 would be eligible for limited
"bv- right" street side, vard fence
under this amendment)
PC14 -13 — Plan Commission Staff Report
August 12, 2014
h�'k'Pe'4.ti- "IWX+f3W."E'N11 W - ^.N 0 R'°'.
(Addresses 6600 would be eligible for limited "bv- right" street side yard fence under
this amendment)
fence under this amendment
9
PC14 -13 — Plan Commission Staff Report
August 12, 2014
4 ;
f Address 8952 would NOT be eliLyible for limited "by- riLht" street side vard fence under this
amendment because the street side yard is also within the reouired front vard setback along the
front and rear)
■
I !
(Addresses 8950 and 8946 would NOT be eliLrible for a by -riLht front or rear yard fence under
this amendment)
be The fence shall only be permitted to enclose that portion of the street side vard that
is in line with the rear portion of the principal structure, as exemplified in G6Exhibit
3 — Permitted Location of Street Side Yard Fences";
a
t (t -
cs
O
'
r
d'
a
t (t -
PC14 -13 — Plan Commission Staff Report
August 12, 2014
rn
c. The fence shall not be higher than 42 inches (3.5 ft.);
d. The fences shall have a minimum opacity of 50% and shall not be made of chain-
link material; and
e. The fence shall not be located within sight line trianLyles of 10 ft. by 10 ft. at any
point where the public sidewalk intersects a driveway, alley, or other vehicular or
pedestrian access way. As exemplified by "Exhibit 4 — Sight Line Triangle"
Exhibit 4: 10 ft. Si ht Trian Ies
x
PC14 -13 — Plan Commission Staff Report
August 12, 2014
4C. The table lists maximum fence heights for properties in the various zoning districts:
Lot In
Zoning District
Residential
Residential — within designated street
side yard area, per Sec. 12- 3 -5.B.
Commercial —
Manufacturing
Abutting Lot In Zoning District
r -
Residential iCommercial IManufacturingg
r 6 feet j 7 feet j 7 feet
3' -6 "feet I 3' -6" feet rr_ 3' -6" feet
Ff 7 feet `, 7 feet IF 7 feet
7 feet 7 feet j F 7 feet
GD. In no event shall any fence be placed or maintained in a location relative to a public or private
street, alley, driveway or other means of egress such that the sight of oncoming vehicular or
pedestrian traffic is impaired for users of such means of ingress and egress.
DE. All fences must be installed in accordance with title 10, chapter 9 of this code.
13F. Any aonlications for variations to the fence reauirements. included herewith. shall be
reviewed based on the followinE:
1. The proposed fence variation shall meet with the intent of the desin and development
standards established in 12-3-5:B., above;
2. The proposed fence variation shall not have an adverse impact on the immediate
abutters or the character of the surrounding neighborhood;
3. The proposed fence variation shall not create obstructions in required sight lines at
areas where sidewalks or other public access ways intersect with driveways, streets,
alleys, etc.
Legislative Summary
Ordinance 14 -20
APPROVING A SPECIAL USE PERMIT FOR AN ENTERTAINMENT USE TO ALLOW FOR THE
OPERATION OF A PEFORMANCE ARTS STUDIO WITH ANCILLARY INSTRUCTIONAL
COURSES AT 8120 LEHIGH AVENUE, MORTON GROVE, ILLINOIS 60053
Introduction: I September 22, 2014
Synopsis: This ordinance will approve a special use permit, with conditions, for an entertainment use for
the operation of a performance arts studio at 8120 Lehigh Avenue for Virtuoso Performing Arts
Center. The property is zoned M2 General Manufacturing District.
Purpose: Approval of a special use permit to allow for the operation of a Performance Arts Studio, by
Virtuoso Performing Arts, LLC., at 8120 Lehigh Avenue.
Background: Virtuoso Performing Arts, LLC (VPA) filed an application for a special use permit (PC 14 -15)
to allow for the operation of a Performing Arts Studio at 8120 Lehigh Avenue. VPA provides
four (4) to five (5) distinct shows per year, with each show having multiple performances for a
total of up to twenty (20) performances per year. All performances take place on Friday
evenings or on weekends (Saturday or Sunday).
In preparation for these performances, VPA offers dance, acting, voice and music instruction to
children and teens, aged from pre- school through 12`" grade. In addition, VPA also has their own
competitive dance company. The studio employs eleven (11) faculty members and two (2) office
staff and serves 200 -250 participants each season. The training sessions and instructional
courses begin after 4pm, during the week, and on Saturdays.
The proposed 8,635 sq. ft. studio would be located in the North Grove Corporate Park Building
II is on the west side of Lehigh Avenue. Per their proposed lease agreement, VPA is guaranteed
access to a minimum of thirty -five (35) parking spaces. The overall office complex has a total of
475 parking spaces.
The draft Morton Grove Industrial Areas Plan, which the Village has been working on with
support from the Chicago Metropolitan Area for Planning, includes an overall vision for the
Village's manufacturing district, which is that "....Morton Grove's industrial areas will continue
to be primarily used for manufacturing, wholesale trade, and other industrial and office uses.
These areas will be active, competitive, and contribute to the economic strength of the
community and region."
Staff notes that approval of this special use would not be in contrast to this vision as this
performing arts center would be located within an office complex, which currently has some
vacancies. Staff further notes that this location is one of the few locations within the M2 District
that is far enough removed from heavier industrial and manufacturing uses, such that there
should be no adverse impact on the continued and successful operations of the nearby industrial
and manufacturing business operations and, similarly, the young participants at this center are
not immediately adjacent to the heavier industrial uses.
This project was reviewed by the Traffic Safety ommission at their September 4, 2014
meeting. The Commission asked for clarification onrtth location.%f th.e _3y designated parking
Programs, Departs
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Admin Recommend:
Second Reading:
Special Consider or
Requirements:
spaces designated to VPA, the number of performances, and hours of operation. VPA has
provided verbal responses to these questions at the meeting, which satisfied the Commission.
The Traffic Safety Commission voted unanimously to support this application.
Based on the application, supporting documents and testimony presented at the September 1.5,
2014 Public Hearing, the Plan Commission voted to recommend approval of this application
with conditions. (vote: 5 -0 -2; absent Dorgan, Shimanski)
Community and Economic Development
M1.11
N/A
Community and Economic Development in the normal course of business.
Approval as presented
September 22 2014 . — applicant has requested to waive the second reading of the ordinance.
None
Submitted by: <'�� "` Reviewed by
Ryan J. Horne, Village Administrator Teresa Hoffman i�f
Prepared by: _
ncy M. dz ich, Community and Economic Development Director
Counsel
ORDINANCE 14 -20
APPROVING A SPECIAL USE PERMIT FOR AN ENTERTIANMENT USE TO
OPERATE A PERFORMING ARTS STUDIO AT 8120 LEHIGH AVENUE, MORTON
GROVE, ILLINOIS 60053
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a
home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State
of Illinois, can exercise any power and perform any function pertaining to its goverment affairs,
including but not limited to the power to tax and incur debt; and
WHEREAS, the applicant, Virtuoso Performing Arts, LLC, 2152 West Eastwood Avenue,
Chicago, Illinois 60625, has made a proper application to the Plan Commission in the Village of
Morton Grove under case number PC14 -15 requesting the approval of a special use permit to
operate an Entertainment Use (Performing Arts Center) at the property commonly known as 8120
Lehigh Avenue, Morton Grove, Illinois 60053; and
WHEREAS, the property is located in the M2 General Manufacturing District; and
WHEREAS, Section 12 -4 -4 -E of the Village of Morton Grove Unified Development Code
allows an Entertainment Use to be located in the M2 General Manufacturing District pursuant to a
special use permit; and
WHEREAS, pursuant to the applicable provisions of the Municipal Code upon public notice
duly published in the Pioneer Press, a newspaper of general circulation in the Village of Morton
Grove which publication took place on August 28, 2014, and pursuant to the posting of a sign on
the property and written notification sent to property owners within 250 feet of the subject property
as required by ordinance, the Morton Grove Plan Commission held a public hearing relative to the
above referenced case on September 15, 2014, at which time all concerned parties were given the
opportunity to be present and express their views for the consideration of the Plan Commission.
And, as result of said hearing, the Plan Commission made certain recommendations and conditions
through a report dated September 17, 2014, a copy of which is attached hereto and made a part
hereof and marked as Exhibit "A "; and
WHEREAS, Virtuoso Performing Arts LLC, is a performing arts center that will provide four
(4) distinct shows per year, with each show having multiple performances for a total of up to 20
performances per year; and
WHEREAS, as a perfonming arts center, Virtuoso Performing Arts LLC, will offer dance,
acting, voice and music instruction toward these performances to children and teens aged from pre-
school through 12th grade; and
WHEREAS, Virtuoso Performing Arts LLC, hired a traffic consultant, Gewalt Hamilton &
Associates, who evaluated the traffic and parking demands of the use at proposed 8120 Lehigh Avenue
location and have determined that the parking requirements can be met and the traffic impact is
minimal in their Traffic Study dated August 14, 2014, a copy of which is attached hereto and made a
part hereof and marked as E hibit "B� "; and
WHEREAS, the Traffic Safety Commission reviewed the application and original Parking
Study at their meeting on September 7, 2014 and recommended approval of the project subject to
applicant responses, included herewith; and
WHEREAS, staff believes this location is generally well- suited for the proposed performing
arts center with accessory instructional use because the space is part of larger office complex, in an
area with lower intensity daytime offices and available parking, and the use will not adversely impact
the surrounding neighborhood, adjacent office uses, or traffic flows along the adjacent roadways.
WHEREAS, the Corporate Authorities have considered this matter at a Public Meeting and
find pursuant to the relevant provisions of the Village of Morton Grove Unified Development Code,
this Special Use for an Entertainment Use will be used and operated in such a way that the public
health, safety and welfare will be protected and will not cause substantial injury to the other properties
in the surrounding neighborhood; and
WHEREAS, pursuant to the provisions of the Village of Morton Grove Municipal Code, the
Corporate Authorities have determined the Special Use permit for an Entertainment Use (performing
arts center) at 8120 Leigh Avenue shall be issued subject to the conditions and restrictions as set forth
herein.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hens by incorporate the foregoing WHEREAS
clauses into this Ordinance, as though fully set forth herein, thereby malting the findings as
hereinabove set forth:
SECTION 2: The property located at 8120 Lehigh Avenue, Morton Grove, Illinois 60053,
is hereby granted a special use pen-nit to allow an Entertainment Use (Performing Arts Center) and
such special use shall be located and operated at that address subject to the following conditions and
restrictions which shall be binding on the owners /lessees, occupants and users of this property, their
successors and assigns for the duration of the special use:
1. The site shall be developed and operated in accordance with the plans and supporting
documents in the application, including:
a. Proposed Space Plan, submitted by inter:worl.< architects, dated 8/14/2014;
b. Proposed Site Plan, submitted by inter:work ;:architects, dated 8/1.4/2014; and
C. Traffic Impact Study, submitted by Gewalt Hamilton Associates, Inc., dated 8/14/2014
2. The applicant shall comply with all recommendations suggested by the Traffic Safety
Commission in accordance with their recommendation dated 9 /4/2014.
3. Performances shall be held after 6:00 PM weekdays (Monday through Friday) or on
weekends (Saturday or Sunday).
4. Performance instruction schedules and class sizes sl-iall be in substantial compliance with
schedules, submitted with the application dated 8/2)7/2014, and all such instructional courses
shall be held after 3:30 PM weekdays (Monday Lhrough Friday), with the majority of
courses held after 5:00 PM, or at any time on weekends (Saturdays and Sundays).
SECTION 3: The owners, lessees, occupants, and users of 8120 Lehigh Avenue, their
successors and assigns allow employees and authorized agents of the Village of Morton Grove
access to the premise at all reasonable times for the purpose of inspecting said premise to verify all
terms and conditions of this special use permit have been � net.
SECTION 4: The special use permit is granted so long as the owner, occupant and users of this
property utilize the area for the purposes as herein designated..
SECTION 5: The Village Cleric is hereby authorized and directed to amend all pertinent
records of the Village of Morton Grove to show and designate; the special use as granted and amended
hereunder.
SECTION 6: The Applicant/Owner shall comply mth all requirements of the Village of
Morton Grove Ordinances and Codes that are applicable.
SECTION 7: This Ordinance shall be in full fo; ce and effect from and after its passage,
approval and publication in pamphlet form according to law.
PASSED this 22nd day of September 2014
Trustee Grear
Trustee Marcus
Trustee Pietron
Trustee Thill
Trustee Toth
Trustee Witko
APPROVED by me this 22nd day of September 2014
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office this
22nd day of September 2014.
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
"illage of Morton Grove
Department of Community Development
To: Village president and Board of Trustees
From: Ronald L. Farkas, Chairperson, Plan Commission
Nancy Radzevich, AICP, Community and Economic Development Director '
Dominick A. Argumedo, AICP, Zoning Administrator /Land -Use Planner
Date: September 17, 2014
Re: PC14 -15 — Virtuoso Performing Arts LLC, request for a Special Use Permit for
"'Entertainment Uses" in accordance with Sections 12 -4 -4 -E of the Village of
Morton Grove Unified Development Code Ordinance 07 -07) at 81290 Lehigh
Avenue, Morton Grove, IL
Commission Report
Public Hearing Notice
The Village provided public notice of PC 14 -15 for the September 15, 2014 Plan Commission public
hearing in accordance with the Unified Development Code. The Pioneer Press published the public
notice on August 28, 2014, and the Village mailed letters notifying surrounding property owners
and a public notice sign was placed on the subject property on September 5, 2014.
Background and Application Overview
Ms. Andrea M Conway, Co -Owner of Virtuoso Performing Arts LLC (VPA), is seeking a special use
permit for "Entertainment Uses" to operate a performing arts studio at 8120 Lehigh Road in the
M2 General Manufacturing District. In conjunction with this application, the applicant filed a
request for a proposed Text Amendment (PC 14 -14) to the Plan Commission, which would amend
the definition of "Entertainment Uses" (Section 12 -17 -1) to allow a performing arts studios with
student instruction as an accessory use.
VPA provides four (4) distinct shows per year, with each show having multiple performances for a
total of up to 20 performances per year. Toward these performances, VPA offers dance, acting,
voice and music instruction to children and teens aged from pre - school through 12th grade. In
addition, VPA also has their own competitive dance company. The center employs eleven (11)
faculty members and two (2) office staff and serves 200 -250 participants each season.
VPA is proposing to move to a new permanent location at 8120 Lehigh Avenue. The 8,635 sq. ft.
commercial space is located in the North Grove Corporate Park Building II. Per their proposed
lease agreement, VPA is guaranteed access to thirty -five (35) parking spaces. The overall office
complex has a total of 475 parking spaces. As most other uses in the office complex are daytime
uses, VPA should have access to numerous additional spaces, if needed, given their schedule for
performance training and shows runs from late afternoon through evenings, on weekdays and on
weekends. The Traffic Safety Commission reviewed the submitted Traffic Study, by Gewalt
Hamilton Associates, Inc. dated August 14, 2014, at their September 4, 2014 meeting and
recommended approval.
Board Report- September 17, 2014
PC #14 -15: VPA Special Use
September 15, 2014 Public Hearing
Ms. Andrea Conway, co -owner of Virtuoso Performing arts LLC, provided an overview of VPA's
request. Ms. Conway owns VPA along with her two sisters: Ms. Carrie Bohlman and Ms. Margaret
Thompson. She stated VPA is a performing arts center offering performance opportunities ranging
from recreational to pre - professional. VPA engages students in instruction through a rehearsal
process with the end goal to be a performance.
Chairperson Farkas inquired about the number of performances VPA holds. Ms. Conway noted
VPA hosts four shows a year with each show having multiple performances held on Friday
evenings, typically at 7:30 PM, and /or on Saturdays and Sundays.
Dominick Argumedo, Zoning Administrator /Land -Use Planner, provided an overview of the Plan
Commission staff memorandum dated September 10, 2014 (See Attachment A). He provided an
overview of the performances that VPA typically holds: School of Music Recital (in the fall and
sometimes spring with 2 performances each), VPA Dance Company Performance (in the winter
with 2 performances), Musical Theater Performance (in the summer with 7 performances), and
the Acting /Voice Showcase (in the spring with 7 performances). VPA also annually holds a June
Dance Production (with 2 performances) at Niles West High School Auditorium; this location
provides VPA with a larger venue to accommodate all their dancers and a larger audience. He also
noted that staff supported this application due to proposed location and availability of parking,
and the type of space (office space that could be converted back to office if Virtuoso were to
leave). He also noted that this use does not conflict with the draft Morton Groves Industrial Areas
plan, which states that the industrial areas should be primarily used for industrial uses but not
exclusively. In addition, the proposed location is removed from heavier industrial and
manufacturing uses, such that there should be no adverse impact on the continued and successful
operations of the nearby industrial and manufacturing business operations.
Mr. Paul Hoffman, attorney for Virtuoso, noted that VPA had originally spoken to staff about
another site, within the M2 District, which was deemed inappropriate as it was in a much more
intensive industrial area. This alternate site works better for Virtuoso as it is within an office
complex, with sufficient parking and access. He noted that per their lease agreement Virtuoso has
access to 35 parking spaces. As Virtuoso would be part of a two building office complex with 475
parking spaces, he stated that parking is not dedicated, but in actuality would be available as a
first come first serve basis. Again, due to VPA's peak demand being outside of the standard office
hours for the other uses within this office complex, the number of available parking spaces should
be more than adequate for VPA uses. Further the VPA's use and schedule would be
complimentary to its neighboring office uses.
Public Hearin —Board Inquir //Comment
Chairperson Farkas asked how the proposed facility of 8,635 sq. ft. at 8120 Lehigh Avenue would
compare to Virtuoso's previous permanent space in Glenview. Ms. Conway responded that the
previous permanent space was 6,500 sq. ft. Chairperson Farkas inquired if the new space could
accommodate the June Dance Production held at Niles West High School. Ms. Conway responded
that the June Dance Production would continue to be held at Niles West High School.
2
Board Report- September 17, 2014
PC #14 -15: VPA Special Use
Chairperson Farkas asked if the applicant would speak to the standards to grant a special use
permit. Mr. Hoffman then went through the special use standards as outlined in their submitted
application and noted that he believed Virtuoso met all the standards at this site.
Commissioner Blonz inquired how the proposed large performance space would accommodate 65
attendees. Ms. Conway stated the 1,736 sq. ft. dance studio would be converted to an intimate
theater setting to accommodate 65 attendees. Commissioner Blonz inquired about the adequacy
of the size to accommodate 65 attendees from a safety perspective. Captain Bill Porter responded
that per the life safety code the occupancy of the proposed theater has approximately three times
the amount of space needed to safely accommodate 65 attendees.
Commissioner Blonz noted the office space adjacent to the proposed location for Virtuoso is
currently vacant and inquired if Virtuoso has any future plans to expand. Ms. Conway noted there
were no future plans to expand, but if they did the landlord would be willing to listen to any
proposed expansion. Commissioner Blonz wished them well and hoped they would expand.
Tim Doran, Gewalt Hamilton Associates, Inc., spoke of the traffic study completed for Virtuoso
Performing Arts LLC. He noted that while all projects have some traffic /parking impact this
proposal due to location has as low an impact as possible. This is due to the off -set hours of the
operation with surrounding businesses, the availability of parking, and the capacity of Lehigh
Avenue.
Public Hearing — Public Comment
Chairperson Farkas asked if anyone was present that wanted to be heard on this case. No one
asked to speak,
Public Hearing -Board Discussion and Vote
Chairperson Farkas asked for a motion to approve Case PC14 -15.
Commissioner Gabriel made a motion to recommend approval of the request to grant a Special
Use permit to Virtuoso Performing Arts to operate an Entertainment use at 8120 Lehigh Road,
with the following conditions:
1. The site shall be developed and operated in accordance with the plans and supporting
documents in the application, including:
a. Proposed Space Plan, submitted by inter :work architects, dated 8/14/2014
b. Proposed Site Plan, submitted by inter:work architects, dated 8/14/2014
c. Traffic Impact Study, submitted by Gewalt Hamilton Associates, Inc., dated
8/14/2014
2. The applicant shall comply with all recommendations suggested by the Traffic Safety
Commission, in accordance with their recommendation dated 9/4/2014.
3. Performances shall be held after 6:00 PM weekdays (Monday through Friday) or on
weekends (Saturday or Sunday).
4. Performance instruction schedules and class sizes shall be in substantial compliance with
schedules, submitted with the application dated 8/27/2014, and all such instructional
J
Board Report- September 17, 2014
PC #14 -15: VPA Special Use
courses shall be held after 3:30 PM weekdays (Monday through Friday), with the majority
of courses held after 5:00 PM, or at any time on weekends (Saturdays and Sundays).
The motion was seconded by Commissioner Gillespie. The amendment was recommended for
approval by majority vote. (5 -0 -2; Commissioners Dorgan and Shimanski absent)
4
I on
Chairperson Farkas and Members of the Plan Commission
Nancy Radaevich, AICP, Community and Economic Development Director
Dominick A. Argumedo, AICP, Zoning Administrator/ Land -Use Planner
September 10, 2014
Re: Plan Commission Case PC14 -15: Virtuoso Performing Arts LLC, request for
a Special Use Permit for "Entertainment Uses" in accordance with Sections
12 -4 -4 -E of the Village of Morton Grove Unified Development Code
(Ordinance 07 -07) at 8120 Lehigh Avenue, Morton Grove, IL
STAFF REPORT
Public Notice
The Village provided public notice of PC 14 -15 for the September 15, 2014 Plan Commission
public hearing in accordance with the Unified Development Code. The Pioneer Press published
the public notice on August 28, 2014, and the Village mailed letters notifying surrounding
property owners and a public notice sign was placed on the subject property on September 5,
2014.
Background
Ms. Andrea M Conway, Co -Owner of Virtuoso Performing Arts LLC (VPA), is seeking a special
use permit for "Entertainment Uses" to operate a performing arts studio at 8120 Lehigh Road in
the M2 General Manufacturing District. In conjunction with this application, the applicant filed a
request for a proposed Text Amendment (PC 14 -14) to the Plan Commission, which would
amend the definition of "Entertainment Uses" (Section 12 -17 -1) to specifically allow for
performing arts studios with student instruction as an accessory use.
Virtuoso Performing Arts (VPA) was founded in 2004 and is currently at a temporary location at
8700 Waukegan Road, as their previous facility in Glenview was recently part of major
redevelopment project. VPA provides four (4) distinct shows per year, with each show having
multiple performances for a total of up to 20 performances per year. Toward these
performances, VPA offers dance, acting, voice and music instruction to children and teens aged
from pre - school through 12th grade. In addition, VPA also has their own competitive dance
company. The center employs eleven (11) faculty members and two (2) office staff and serves
200 -250 participants each season.
VPA is proposing to move to a new permanent location at 8120 Lehigh Avenue. The 8,635 sq.
ft. commercial space is located in the North Grove Corporate Park Building II. Per their
proposed lease agreement, VPA is guaranteed access to thirty -five (35) dedicated parking
spaces. The overall office complex has a total of 475 parking spaces. As most other uses in the
office complex are daytime uses, VPA should have access to numerous additional spaces, if
needed, given their schedule for performance training and shows runs from late afternoon
through evenings, on weekdays, and on weekends.
Summary of Application
Overview of the Proposed Project
VPA currently operates a performing arts studio in Morton Grove at 8700 Waukegan Road in
Morton Grove. VPA holds the following performances throughout the year: School of Music
Recital (in the fall and sometimes spring with 2 performances each), VPA Dance Company
Performance (in the winter with 2 performances), Musical Theater Performance (in the summer
with 7 performances), and the Acting /Voice Showcase (in the spring with 7 performances). VPA
also annually holds a June Dance Production (with 2 performances) at Niles West High School
Auditorium; this location provides VPA with a larger venue to accommodate all their dancers
and a larger audience. VPA's Dance Company also competes and performs around the
community (i.e. non - profit benefits, nursing homes, festivals, etc.). According to the applicant,
all performances at their 8120 Lehigh location would occur on Friday evenings, or on weekends
(Saturdays and /or Sundays). The area of the facility dedicated for performances can
accommodate up to 65 attendees. The performance area only hosts performances for VPA
performers and members of their dance company. The applicant has advised staff that
performances are not catered.
In addition to the actual performances and shows, VPA would provide performance instruction
for 200 -250 children and teens (aged from pre - school through 12th grade). While VPA would
employ a total of (11) faculty members and two (2) office staff members, the facility would
operate with a maximum of one office staff member and a maximum seven (7) teachers, at any
given time; staffing is staggered due to the nature of the courses and schedule for training.
VPA's administrative hours of operation would be 3:30 PM to 9:30 PM Monday through Friday
and from 9:00 AM through 4:00 PM on Saturday. While the center would open at 3:30 PM for
administrative operations, the Fall- Winter 2014 schedule for instructional courses shows that no
training instruction or courses would begin before 4:00 PM. While VPA's courses vary in
capacity, no training session has more than 12 participants.
The interior space would be divided into four (4) private lesson music rooms that allow for an
instructor and student and three (3) dance studios, the largest being 1,736 sq. ft. that would
also serve as a performance space, and separate areas for general operation such as a teacher
lounge, storage and reception area.
Parking
The Traffic Safety Commission reviewed the submitted Traffic Study, by Gewalt Hamilton
Associates, Inc. dated August 14, 2014, at their September 4, 2014 meeting. The Commission
asked for clarification on the location of the 35 designated parking spaces, the number of
performances, and hours of operation. VPA has provided verbal responses to these questions at
the meeting, and also has provided written responses. The clarification of number of
performances and hours of operation were discussed in the previous section. (See attached
Traffic Safety Commission Report dated September 9, 2014 and VPA response dated September
10, 2014).
2
Through the special use permit process, the Village can set the required number of parking
spaces as part of the approved special use permit, if the number of required spaces is less than
what is available.
In the determination of required parking spaces, the Village considers the required parking
spaces for a specified use in the Unified Development Code's parking regulations, if identified.
Since, the Unified Development Code parking regulations (Section 12- 7 -3 -1) does not specify
the required parking spaces for "Entertainment Uses," staff used parking requirements closest
to VPA's operation as a performing arts studio, which includes a theater use and accessory
school.
Parking Requirements During Performances
Use
Number of
Area (sq. ft.) or
Parking required by use
required per area
Max Number of
type
(sq. ft.) or
occupants
number of
occupants
Theatre
1 space / 3 seats
65
22
Faculty /Staff
13
13
13
TOTAL REQUIRED
1 space /
8
35
Parking Requirements During Training Sessions /Courses
Use
j Number of
Area (sq, ft.) or
Parking required by use
required per area
Max Number of
type
(sq. ft.) or
occupants
number of
occupants
Instruction rooms
1 space / 4
44
11
students
Faculty /office staff
1 space /
8
8
instructor
TOTAL REQUIRED
19
Per the Unified Development Code a theater is required to provide 1 space for every 3 seats. As
VPA will provide up to 65 sets for each performance, the parking requirement would be 22
parking spaces; if all the faculty and staff show up for the performances, then the total required
would be 35 spaces. For the instructional component, the Unified Development Code requires 1
parking space for each faculty and 1 space for every 4 students. The maximum capacity, based
on instructional space limits and instructional schedules, would be seven (7) teachers and 44
participants. As a result, the required parking requirement for the instructional component of
this use is 19 parking spaces (7 for faculty and 11 for students).
The 35 parking spaces dedicated for VPA would meet the parking requirements, per the Unified
Development Code, for both performances and for the instructional component of this proposed
3
use. Per the submitted traffic study, VPA believes the _ peak demand would be during
instructional course time and would be a maximum of 30 parking spaces. Even though this
exceeds the 19 spaces that would be required by Code, it still is under the 35 spaces that will
be designated for VPA. As such, no parking adjustments or waiver are required for this use.
With respect to the performances, given that other uses in the North Grove Corporate Park
complex are predominantly daytime office uses, and given that VPA performances will be held
on Friday evenings or weekends (Saturdays and /or Sundays), there is plenty of extra parking
available should the demand exceed the 35 designated spaces. As mentioned by the Traffic
Consultants, Gewalt Hamilton Associates, Inc. at the Traffic Safety committee meeting on 9/4,
VPA may use any available spaces, beyond the 35 that are designated for their use.
Discussion on Application
Although this use is within the M2 District, staff believes this location is generally well- suited for
the proposed performing arts center with accessory instructional use because the space is part
of larger office complex, in an area with lower intensity daytime offices uses versus within an
area with more predominantly industrial uses. Due to the hours of operation and available
parking, the use will not adversely impact the surrounding neighborhood, adjacent office uses,
or traffic flows along the adjacent roadways. As noted above, performances are scheduled for
Friday evenings or weekends, which will not conflict with the office uses in the complex, and
their hours of operation during the week for instructional courses running from 4:00 PM to 9:30
PM, so there will be no expected overlap of peaking parking demands between this use the
adjacent uses within this complex.
Entertainment Uses are designated special uses in the M2 zoning district to not only provide
additional scrutiny of the particular use and the potential parking, traffic, or operational impacts
on adjacent uses, but also to the ensure the appropriate balance of allowing such uses within
an area that includes both lower intensity office uses as well as more intensive industrial and
manufacturing uses. The special use process allows the Village to ensure the overall purpose of
the M2 district, "to provide land for development by most types of light industrial firms" is not
adversely impacted.
The draft Morton Grove Industrial Areas Plan, which the Village has been working on with the
Chicago Metropolitan Area for Planning, includes an overall vision for the Village's
manufacturing district, which is that "....Morton Grove's industrial areas will continue to be
primarily used for manufacturing, wholesale trade, and other industrial and office uses. These
areas will be active, competitive, and contribute to the economic strength of the community and
region.,,
The approval of this special use would not be in contrast to this vision as this performing arts
center would be located within an office complex, which currently has some vacancies. While
the Village supports VPA's decision to move to Morton Grove and is optimistic that it will be a
successful business, it's worth noting that should this business decide to relocate, in the future,
the space could be easily converted back to office use. Staff- further notes that this location is
one of the few locations within the M2 District that is far enough removed from heavier
industrial and manufacturing uses, such that there should be no adverse impact on the
11
continued and successful operations of the nearby industrial and manufacturing business
operations and similarly, the young participants at this center are not immediately adjacent to
the heavier industrial uses.
Standards for Special Use
The following Standards for Special Use (Section 12- 16- 4 -C -5, from the Unified Development
Code) are provided to assist the Commission's consideration of this request.
Preservation of Health, Safety, Morals and Welfare — The establishment, maintenance and
operation of the Special Use will not be detrimental to or endanger the public health,
safety, morals or general welfare. The proposed performance studio /center currently
operates in Morton Grove and provides entertainment and much needed arts training
programs to the community. Given its location with an office complex, with significant
parking and off -peak demands, staff believes there will no issues with parking or traffic
circulation.
® Adjacent Properties — The Special Use should not be injurious to the use and enjoyment of
other property in the immediate vicinity for the uses permitted in the zoning district. VPA's
is locating within an existing office complex. Given its location and hours of operation this
use should have no impact on the adjacent office uses nor on the nearby manufacturing or
industrial uses. The modification of the space, if approved, would provide adequate
soundproofing to not impact neighboring suites.
® Orderly ,Development — The proposed entertainment use will not impact orderly
development of the area. The proposed use is within a complex historically dedicated and
built for office space. The approval of the special use permit for an entertainment use, at
this particular site, within the M2 general Manufacturing District will not diminish The
Village's goal to preserve this area primarily for industrial, manufacturing, warehouse and
office space. The location of the proposed performing arts center is in area and space
which is more suited for office type uses, and will be filling a space that has been vacant
for some time. This use, in this particular location, should not have any impacts on the
continued operations and success of the adjacent office uses and nearby manufacturing
and related industrial uses.
Adequate Facilities — Adequate utilities, access roads, drainage and other necessary
facilities are in existence or are being provided. Based on the traffic and parking report
submitted by Gewalt Hamilton Associates, Inc. This site and location within the complex
provides for adequate parking and circulation for this use. Further, given the hours of
operation, this use should have no adverse impact on adjacent office uses or nearby
manufacturing businesses.
Traffic Control Adequate measures have been or will be taken to provide ingress and
egress designed to minimize traffic congestion on the public streets. The proposed use of
the subject site should not draw substantial amounts of traffic on local residential streets.
Per the traff=ic report submitted by Gewalt Hamilton Associates, Inc.: 'Traffic generated by
Virtuoso Performing Arts will operate efficiently on the surrounding streets having minimal
impact to operations as indicated by our analyses ".
5
• Adequate Buffering — Adequate fencing and /or screening shall be provided to ensure the
right of enjoyment of surrounding properties to provide for the public safety or to screen
parking areas and other visually incompatible uses. The proposed performing arts studio
will provide adequate buffering to neighboring entities through soundproofing to ensure no
adverse impact on surrounding businesses within the office park complex.
• Conformance to Other Regulations — If granted the special use and associated building
permits, the proposed use will meet all applicable regulations, including health and
building, before being allowed to commence operations.
The applicant also provided responses to these standards in their submitted Special Use
application.
Recommendation on Application
After review or as a result of the testimony provided at the public hearing, staff may suggest
and /or the Plan Commission may opt to make modifications to, add and /or remove conditions, if
Commission moves to recommend approval of this request.
Should the Commission recommend approval of the request to grant a Special Use permit to
Virtuoso Performing Arts to operate an Entertainment use at 8120 Lehigh Road, Staff suggests
the following conditions:
1. The site shall be developed and operated in accordance with the plans and supporting
documents in the application, including:
a. Proposed Space Plan, submitted by inter:work architects, dated 8/14/2014
b. Proposed Site Plan, submitted by inter:work architects, dated 8/14/2014
c. Traffic Impact Study, submitted by Gewalt Hamilton Associates, Inc., dated
8/14/2014
2. The applicant shall comply with all recommendations suggested by the Traffic Safety
Commission, in accordance with their recommendation dated 9/4/2014.
3. Performances shall be held after 6:00 PM weekdays (Monday through Friday) or on
weekends (Saturday or Sunday).
4. Performance instruction schedules and class sizes shall be in substantial compliance with
schedules, submitted with the application dated 8/27/2014, and all such instructional
courses shall be held after 3:30 PM weekdays (Monday through Friday), with the majority of
courses held after 5:00 PM, or at any time on weekends (Saturdays and Sundays).
Attachments:
- Special Use Application and supporting documents (submitted by applicants)
- Traffic Safety Commission report dated 9/9/2014
- Response to Traffic Safety Commission, from Michael Best & Friedrich LLP, dated 9/10/ 2014
6
L*MilrzTqML, : Y?
7
DEPARTMENT REVIEWING: BL DC FIRE POLICE EL WORKSLENG
ATTACHMENT: I.
VILLAGE OF MORTON GROVE,..ILLNOIS
PLAN REVIEW DEPARTMENTAL COMMENT
DATE DISTRIBUTED,*—
CASE NO: PC 14-14
Entertainment Use
The site review plans attached have been submitted for Plan Commission action. Please return your
review to the Depart-ment of Community Development by
Thank you, Dominick Argumedo, Zoning Administrator
NCTEt IF TH' S MATERIAL IS, NOT NEEDED FOR YOUR FILES, PLEASE RE TIURN'WIT H YOUR
COMMENTS.
COMMENTS OR CONCERNS (Discuss Briefly)
L The location of the 35 parking spaces allocated per the lease is not identified. There are more than 200 parking
spaces within 200 feet of the proposed site, so overflow parking may not be a problem, the location could be
clarified. They should also declare whether there would be any foreseeable need for on-street parking.
2. It could be clarified what arrangements exist should VPA parking demand exceed the 35 allotted parking spaces,
1 The GHA Study indicates there will be four performances a year and "outside typical business hours." Village staff
understands from informal communication with the applicant that there will be 20 performances per year.
Indicating the typical days of the week and times of performances could be clarified.
4. The SUP application states VPA's general hours of operation are after-school hours, from 4-9:30 pm,, whereas the
Traffic Impact Study indicates Monday through Friday hours of operation are 3:30-9:30 p.rn. This contradiction
should be resolved.
These comments accurately represent existing Village regulations or policies.
Public Works/Engineering:
I
Date: ?"
September 10, 2014
VIA E-MAIL (DARGUrtPj—=DD(-a)RAOFTONGROVEIL,ORr,-)
K4[ Dominick Aroumedo
Village Of Morton Grove
6101 Capu||nGAvenue
Morton Grove, !L 60053
Michael Best & Friedrich LLp
Attomovsat Law
Two RivemmogPlace
w1nvvo41noR/"arwmouDrive
Suite 200
Waukesha.vv| 53188'117*
Phone 262.956.6560
Fax 262,956.6565
Paul g.*vnman
Direct 262.956.654n
Email pghoffmam�rnichaelbest.com
R e: Parking, at 8121 Lehic1h Avenue, Morton Grove, Illinois ("Property") - Virtuoso Performing
Dear Mr ' unnedo:
Fo||nvvng up on your request of rne, and as | understand it' a request that you are relaying from
the Traffic Study Commission meeting nf last week, is more detail on the 35 parking spaces that
VFA enjoys under its lease, and information on anticipated parking needs on performance
nights,
With respect to normal parking usage under\/PA'g kaGse, it has its 35 parking spaces on G
k nonexclusive, first-come, first-served" basis,
As we had disoussed, this is by far the nJ|e in nnubitenent buildings. as landlords, are reluctant to
mark parking spaces as exo|usivek/ dodic8ted to one specific tenant, at the expense of others,
Thus, the VPA lease is consistent with the great majority of multiten2nt building leases.
HovveYer, and as < believe was slated' at the committee meeting, anti raQu|ar use bvVP4
of building parking is likely tDbeon@D^off'h0urS'ba�a^cornparedvv�h anticipated use, bynther
building tenants.
With respect to performance barking, VPA has approximately 20 performances scheduled per
yeeratthe Property. Those performances include music [eodsds, dance perfonnGnces, rnVeica|
theater performances and acting/voice showcases, These 20 performances are held over
approximately ten days during the year, vmth, in some casee, multiple performances s--heduled
for a single evening or weekend day. As with normal operational hours, performance nights are
''off hours" relative to anticipated other tenant use Thus. the 475 parking stalls within the
Property should be more than ample to handle the anticipated 60 to 65 vehicles on one or our
performance evenings,
P
'k
Mr. Dominick Araurneco
September 10, 20 14
Page 2
Please feel free to call with any questions or comments.
Very truly yours,
M 100 =L DEB T
Paul G, Hoffman
PGHI:jc
Ms, Carrie E. Polack Bohimann (via e -mail carnebchlmann(a)qm@iI.comI,
Ms. Andrea M. Polack Conway (via e-mail 2nnievoa(-a).qmai!..-om)
Ms. l0araaret C. Polack Thompson (via e-mail marc;aret.thompson1981 (La)qmaij.cgm),
Mark S. Poker, Esq, (via e-mail mspokerQ�michaelbesf.com)
022418- 0003\1 5618122.1
MICHAEL BES7
September 17, 2014
AND REGULAR MAIL
President Dan DiMaha
Village of Morton Grove
01O1C@pu|inaAvenue
Morton Grove, IL 60053
Michael Best & Friedrich LLP
Attorneys at Law
Two n*ommomPlace
w1ywm^1noni,vnmvuouDrive
Suite 200
Wauxosha.vV| c3188-1174
Phone 262.95(5.e560
Fax 262.956.6565
Paul G. Hoffman
Direct 262.956.6549
Email pghoffman@michae[best.com
Re: Proposed Text Amendment to Section 12-17-1 of Village Ordinance 07-07 Under Village
Case No. PC 14-14 and Special Use Permit Application Under Section 12-4-4E of Village
Ordinance 07-07 Subiect to Village Case No. PC14-15 for Approval of an "Entertainment
Use" at 8120 Lehigh Avenue as Submitted by Virtuoso Performing Arts, LLC
Dear President DiMari2:
This letter is written on behalf of my client, Virtuoso Performing Ada. LLC /~VPA"\. \/PA is
seeking approval of the above referenced Text A[neOdrnerd and Special Use Application to
permit their relocation of their ten year old performing arts studio to the Lehigh Avenue address.
During discussions with your corporation counsel, Terry Linton, Community and Economic
Development Director' Nancy Radzevich and Zoning Administrator, [>Vnliniok Argurnedo.
Village staff felt that the existing entertainment special use definition vxoU|d require some
broadening to contemplate VPA's intended use. That is the reason for the Text Amendment
which adds an educational element.
Both the Text Amendment and Special Use Application received an enthusiastic UOoDirnVUs
recommendation for approval at the Plan Commission meeting on September 15, 2014.
This letter is written to request that the Village Board waive its customary requirement for two
hearings before the Village Board. This request is made for the following reasons:
VPA's operational schedule tracks customary academic schedules. T means that
vv
VPA'ene year schedule mN{ntar January 5'2O15. Conlp�tngdmSi nfortheirbuikdoVt
(5 days), submitting plans forbid (7 days), |puUinQ permit (28 dmyu), and construction
(52 days) is estimated to total approximately 92 deys, or until December 23, 2014,
Add1t|onaUy, actual physical relocation is estimated to add another 14 days to that
projected construction completion dote. taking VPA to its planned start date. If our
request for second reading waiver is not granted and fhlo| Board approval not received
until October 14'2D14. that schedule will be very challenging,
MICHAEL BEST
President Dan DiMaha
Village Of Morton Grove
September 17'2D14
Page
K8V client's application has already been before two pubic hearings, The first hearing
was before the Traffic Safety Cornnliashzn on September 4, 2014. The second hearing
was before the Village Plan [}on7nlisa|oD on September 15, 2014. At o nninhnurn, there
will be a third public hearing before the Village Board on September 22, 2014. VPA
believes that those three hearings provide ample and sufficient opportunity to any Village
citizens who may have wished to object o[ comment Un the VPA proposals. No adverse
oO[nnnentS were received at either Traffic Safety Or Plan Commission, While VPA
certainly understands the Village's practice in promoting considered and deliberate
decision making, VPA respectfully requests that in this instance, the SeCOOd hearing
requirement before the Village Board be eliminated.
In closing, VPA would like tocompliment the Village staff, and norticVt3dv. Nancy, Terry, and
Dominick, in their cooperation and help in advancing VPA'aapplication. We be|ieve, and we
believe your staff concurs, thntVPA'n performing arts studio will be an asset to the Village of
Morton Grove enriching the lives of many of its residents.
! would be honored h7 respond tp any questions you may have.
Very truly yours,
Paul G. Hoffman
PGH:bevv
Cc: Ms |
Terry Liston, Esq. (via e-mail tlistonQmortongroveii.org
Mr. Dominick Argumedo (via e-mail da rg urnedo(d�m or-tong rove i 1. org)
Ms. Andrea M. Polack Conway (via e-mail annievpac@qmail.com)
Ms. Carrie E. PohachBoh|n1ann (via e-mail
KHo, Margaret C. Polack Thompson /via e-mail
Mark S. Poker, Esq, (via e-mail m spoke rOmich a el best. com)
022418-0003\1 5647847.1
LelZislative Summary
Ordinance 14 -21
MINOR AMENDMENT TO ORDINANCE 11 -27 THAT GRANTED A SPECIAL USE PERMIT TO
ALLOW AN ENTERTAINMENT USE FOR A HAUNTED HOUSE AT THE PROPERTY LOCATED
AT 8820 N. AUSTIN AVENUE, MORTON GROVE, ILINOIS
Introduction: September 22, 2014
Synopsis: Request for a minor amendment (Per Unified Development Code Section 12- 16 -4 -B) to a
special use permit for Entertainment Uses (Fear City haunted house) at 8820 N. Austin, (Ord.
11 -27) to allow private parking attendants in lieu of off -duty police officers to direct traffic
to /from Austin Avenue and the subject property.
Purpose: To approve a minor amendment to the special use permit to allow parking attendants in lieu of
off -duty parking officers to direct traffic to /from Austin Avenue and the subject property.
Background: In 2011, the Village approved a special use for Entertainment Uses to allow for Fear City
haunted house to operate at 8820 Austin Avenue (Ordinance 11 -27). The approval was
conditioned upon compliance with the submitted Traffic /Parking Control Personnel Exhibit,
dated June 2, 2011. The Traffic /Parking Control Personnel Exhibit stated that off -duty police
officers would be hired to direct traffic entering and exiting from Austin Avenue to the site.
Within the site,, the Traffic /Parking Control Personnel Exhibit identifies that either parking
attendants or off -duty police officers would direct customers to available parking locations and
control traffic flow patterns. Big City Entertainment, LLC., the operators of Fear City Haunted
House, has requested a minor amendment to their special use to allow for parking attendants, in
lieu of police officers, to direct traffic entering and existing the property from Austin Avenue.
Section 12- 16 -4 -B of the Unified Development Code allows for minor amendments of
existing special use applications upon the review of the request by the building commissioner or
his /her designee, the plan commission chairperson, village administrator, and corporation
counsel.
All of the required staff /commissioners have reviewed the requested amendment, in
consultation with the Morton Grove Police and Public Works Departments, and it was
determined that this requested amendment is in substantial compliance with and does not change
the intent of the original special use permit.
Programs, Departs Community and Economic Department
or Groups Affected
Fiscal Impact: N/A
Source of Funds: N/A
Workload Impact: These amendments will be implemented by the Community and Economic Development in the
normal course of business.
Admin Recommend: Approval as presented
Second Reading: September 22, 2014 — applicant has requested to waive the second reading of the ordinance
Special Consider or
Requirements: None
Submitted by: _ Reviewed by _
R n J. Horne, Village Administrator Teresa Hoffman iist34 orporation Counsel
Prepared by:
ommunity and Economic Development Director
ORDINANCE 14 -21
AN ORDINANCE GRANTING AN AMENDMENT TO THE SPECIAL USE PERMIT FOR
AN ENTERTAINMENT USE TO OPERATE A HAUNTED HOUSE AND ACCESSORY
ENTERTAINMENT USES (ORD. 11 -27 and Ord. 13 -15) FOR THE PROPERTY LOCATED
AT 8220 N. AUSTIN, MORTON GROVE, ILLINOIS
WHEREAS, the Village of Morton Grove, located in Cook County, Illinois, is a Home Rule
unit of government and under the provisions of Article 7 of the 1970 Constitution of the State of
Illinois, and as such can exercise any power and perform any function pertaining to its government
affairs, including but not limited to, the power to tax and incur debt; and
WHEREAS, in 2011, pursuant to Ordinance 11 -27, a special use pen-nit allowing for an
Entertainment Use to operate a haunted house at 8220 N. Austin was approved by the Village
Board; and
WHERAS, in 2013, pursuant to Ordinance 13 -15, the Board approved an amendment to the
special use permit (Ord. 11 -27) to allow additional accessory entertainment uses and events to be
held at the 8220 N. Austin Avenue; and
WHEREAS, the applicant, Big City Entertainment, 1,LC, pursuant to Plan Commission Case
PC 14-16 has made proper application to the Village of Morton Grove for a minor amendment to the
special use permit previously granted to allow for a modification to the approved Traffic /Parking
Control Personnel Exhibit, dated June 2, 2011, to allow private parking attendants in lieu of off -duty
police officers to direct traffic to /from Austin Avenue and the subject property; and
WHEREAS, pursuant to Ordinance 07 -07 the Village adopted a Unified Development Code
which set forth an abbreviated procedure for minor revisions to special use permits which allows for
the granting of such amendments without a formal public hearing process subject to the
recommendation for approval by the Village Administrator, Corporation Counsel, Building
Commissioner and Plan Commission Chairperson and subsequent approval by the Village Board;
and
WHEREAS, the Village Administrator, Corporation Counsel, Building Commissioner and
Plan Commission Chairperson, in consultation with the Police and Public Works Departments, have
found this amendment with certain conditions as set forth in this ordinance, meets the standard for
the abbreviated process described above, and as such recommend approval of the minor amendment
Ords. 11 -27 and 13 -15; and
WHEREAS, the property is zoned in the M2 General Manufacturing District pursuant to the
provisions of the Village of Morton Grove Unified Development Code; and
WHEREAS, pursuant to the provisions of the Village of Morton Grove Unified
Development Code, the Corporate Authorities have determined the proposed amendment to the
special use shall be approved subject to conditions and restrictions as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Ordinance, as though fully set forth herein, thereby making the findings as
hereinabove set forth.
SECTION 2: Big City Entertainment, LLC, is hereby granted an amendment to the special
use pen-nit previously granted pursuant to Ordinance 11 -27 to allow private parking attendants in
lieu of off -duty police officers to direct traffic to /from Austin Avenue to the subject property:
1. All conditions of Ordinance 11 -27 and Ordinance 13 -15 shall remain in effect unless
specifically modified by this amendment.
2. Should the Morton Grove Police Department, Director of Community and Economic
Development and /or Village engineer be advised of any significant vehicular /pedestrian
traffic or parking issues related to the operation of entertainment uses at 8820 N. Austin
Avenue, the owner shall be required to develop and submit a plan to the Village
Administrator within 30 days of such notice, which outlines specific ways to address such
issues. Such plan shall be reviewed by the Director of Community and Economic
Development, Village Engineer and Police Chief; who will be charged with making
suggested changes and /or approving such a plan. Any remedies which alter the nature of this
approved use may require an amendment of the special use permit and further review by the
Traffic Safety Commission.
SECTION 3: The Village Clerk is hereby authorized and directed to amend all pertinent
records of the Village of Morton Grove to show and designate the special use permit as amended
hereunder.
SECTION 4: The Applicant /Owner shall comply wi th all applicable requirements of the
Village of Morton Grove Ordinances and Codes.
SECTION 5: This Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form according to law.
PASSED this 22nd day of September 2014.
Trustee Grear
Trustee Marcus
Trustee Pietron
Trustee Thill
Trustee Toth
Trustee Witko
APPROVED by me this 22A day of September 2014
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office this
22nd day of September 2014.
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
Big City Entertainment LLC
Dear Morton Grove Village Board of Trustee's
I am formually requesting a waiver of the second reading of the purposed ordnance
change effecting Fear City Haunted House at 8240 Austin Ave.
We were unaware that this request would require a change of ordnance and due to
the tuning of a second read and the nature of our business it is crucial that this
second reading be waived.
Thank You for your consideration on this matter.
Charles P. Grendys III
Fear City Haunted House
Big City Entertainment LLC
Legislative Summary
Ordinance 14 -22
AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE, SEC. 12 -17-
1, TO MODIFY THE DEFINITION OF "ENTERTAINMENT USES"
Introduction:
Synopsis:
Purpose
Background:
Programs, Departs
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Admin Recommend:
Second Reading:
Special Cons
Requirement
Submitted b,
Prepared by:
September 22, 2014
This ordinance will eliminate the current Entertainment Uses definition and replace it with the
following, "A for profit establishment or use that provides live performances, shows, or
productions which may include ancillary educational programs. Adult live entertainment and
adult entertainment facilities are specifically excluded from this definition."
Text Amendment to modify the Entertainment Use definition to clarify the intent of this use
classification and to remove reference to alcohol restrictions, which falls under the purview of
the liquor commissioner, not the Plan Commission.
The Village established the "Entertainment Uses" land use definition in 2011 pursuant to
(Ord. 11 -26). The Village approved uses are allowed as special uses in the M2 District. The
text amendment provides a reasonable opportunity for adaptive reuse of office and industrial
spaces, on a site specific, case -by -case basis through the special use process.
When the Village was approached by Virtuoso Performing Arts (VPA) for the establishment
of a Performing Arts Center in the M2 General Manufacturing district, it was determined that
although this type of use could fall under the definition of an Entertainment Use, the
associated, accessory performance training /education component should be added to the
existing definition to distinguish it from uses that are principally schools. Upon submission of
the prosed text amendment by VPA, staff determined that the resulting definition was
unnecessarily cumbersome. Further, the references to alcohol within the definition was not
appropriate as the issuance of liquor licenses falls under the purview of the Liquor
Commissioner, not the Plan Commission. As such, Community and Economic Development
staff in consultation with Corporation Counsel drafted a revised definition.
The "Entertainment Use" land use classification would remain a special use in the M -2
district.
PC #14 -14 was presented to the Plan Commission for public hearing on September 15, 2014.
There was no public comment and the Plan Commission voted to recommend approval of the
text amendment to the Village Board, which has been incorporated into this current draft
ordinance. (5 -0 -2; Dorgan and Shimanski absent).
Community and Economic Department
N/A
NIA
These amendments will be implemented by the Community and Economic Development in the
normal course of business.
Approval as presented
September 22, 2014, required — Municipal Code Book change; Applicant has requested to waive
the second reading of the ordinance.
AMENDING THE VILLAGE OF MORTON GROVE UNIFIED
DEVELOPMENT CODE, SECTION 12 -17 -19 TO MODIFY THE
DEFINITION OF "ENTERTAINMENT USES"
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a
home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the
State of Illinois, can exercise any power and perform any function pertaining to its government
affairs, including but not limited to the power to tax and incur debt; and
WHEREAS, the Village continuously reviews and, as it deems necessary, updates
existing Municipal Codes to assure they are kept current and relevant; and
WHEREAS, the applicant, Virtuoso Performing Arts LLC, has made a proper application
to the Plan Commission in case number PC14 -14 to consider and recommend the adoption of a
text amendment to the Village of Morton Grove Unified Development Code, Section 12 -17 -1, to
modify the definition of "Entertainment Uses" ; and
WHEREAS, the Traffic Safety Commission reviewed the project at their September 4,
2014 meeting, specifically related to potential parking and traffic impacts, and recommended
approval to the Plan Commission and the Board of Trustees; and
WHEREAS, pursuant to the applicable provisions of the Municipal Code upon public
notice duly published in the Pioneer Press, a newspaper of general circulation in the Village of
Morton Grove which publication took place on August 28, 2014, a public hearing was conducted
on September 15, 2014 relative to the above referenced case at which time all concerned parties
were given the opportunity to present and express their views for the consideration of the Plan
Commission. As a result of said hearing, the Plan Commission made certain recommendations
and conditions through a report dated September 1.0, 2014, a copy of which is attached hereto
and made a part hereof and marked as Exhibit "A' and
WHEREAS, The Village established `Entertainment Uses" as a land use classification
and definition in 2011 (Ordinance 11 -26) through an application from Big City Entertainment,
concurrent with a special use application to operate a haunted house within the M2 District;
WHEREAS, Virtuoso Performing Arts, LLC., submitted an application for a text
amendment to Section 12 -17 -1 of the Unified Development Code for a modification to
"Entertainment Uses" definition to clarify that a performing arts center, with an accessory
educational component would be permitted; and
WHEREAS, the proposed modified definition complies with the original intent that
established "Entertainment Uses," which are principally those which offer short-term, live
performances, shows, and productions; usually operate during evening and weekend hours; and
may include accessory complementary uses either off - season or in preparation for the events,
productions or shows; and
WHEREAS, the "Entertainment Uses" definition as modified would remain as a special
use permit within the M2 General Manufacturing District because such uses could have parking
and traffic impacts, must be appropriately sited in relation to the industrial and manufacturing
uses that exist within and are supported through this zoning district, and to ensure that such
entertainment uses comply with overall intent of the M2 District; and
WHEREAS, the modified definition for "Entertainment Uses" also eliminates references to
alcohol sales as such matter are by Village Code under the discretion of the Liquor Commissioner
and not the Plan Commission; and
WHEREAS, it is no longer necessary to specifically prohibit gambling and intertrack
wagering facilities as those uses will inherently be prohibited through the clarification of the
language defining "Bntertairunent Uses "; and
WHEREAS, the Corporate Authorities have considered this matter at a public meeting and
find the text amendment, when evaluated in the context of the whole Village, serves the public
good; and
WHEREAS, the Village is desirous of assuring all policies are kept current and relevant.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Ordinance, as though fully set forth herein, thereby making the findings as
hereinabove set forth:
SECTION 2: Title 12 entitled Unified Development Code, Chapter 17, entitled
Definitions, Section 12 -17 -1 entitled Terms Defined of the Municipal Code is hereby amended
by eliminating the current Entertainment Uses definition and replaces it with the following:
12 -17 -1: TERMS DEFINED:
IT
- - -
--
_ -
-
- -
-
MW
Entertainment Use: A for profit establishment or use that provides live performances,
shows, or productions which may include ancillary educational programs. Adult live
entertainment and adult entertainment facilities are specifically excluded from this
definition
PASSED this 22nd day of September 2014.
Trustee Grear
Trustee Marcus
Trustee Pietron
Trustee Thill
Trustee Toth
Trustee Witko
APPROVED by me this 22nd day of September 2014.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office
This 22nd day of September 2014.
Ed Ramos, Village Clerk-
Village of Morton Grove
Cools County, Illinois
Village Morton Grove
Department A Community Development
To: Village president and Board of Trustees
From: Donald L. Farkas, Chairperson, plan Commission
(fancy Radzevich, AICP, Community and Economic Development Director
Dominick A. Argumedo, AICP, Zoning Administrator /Land-Use planner ! i
Date: September 17, 2 014
Re: PC14 -14 — proposed Text Amendment to Section 12 -17 -1 of the Morton
Grove Unified Development Code (Ordinance 07 - 07) to modify the definition
of "Entertainment uses„
Commission Report
Public Hearing Notice
The Village provided Public Notice for the September 15, 2014 Plan Commission public hearing for
PC 14 -14 in accordance with the Unified Development Code. The Pioneer Press published the
public notice on August 28, 2014. As this request is for a text amendment, not a request for a
specific site, no public notice signs or notification letters were required.
Background and Application Overview
Virtuoso Performing Arts LLC (VPA) filed an application requesting an amendment to the
"Entertainment Uses" definition to clarify the inclusion of the performing arts center uses, with an
instructional accessory use. In conjunction with the text amendment application, VPA submitted a
special use application (PC 14 -15) to operate a Performance Arts Studio at 8120 Lehigh Road.
When VPA approached staff about relocating their performing arts studio from 8700 Waukegan
Road to 8120 Lehigh Avenue, staff determined that although this type of use could fall under the
existing definition of an Entertainment Use, the associated, accessory performance
training /education component should be added to the Entertainment Uses definition to distinguish
performing arts centers, which focus on performance and preparation thereof versus schools.
Upon submission by VPA of the proposed text amendment and subsequent review, staff
determined that it was unnecessarily cumbersome. As such, Community and Economic
Development staff in consultation with Corporation Counsel proposed the following revised
definition:
y ,
programs. Adult live entertainment and adult entertainment facilities are
specifically excluded from this definition
September 15, 2014 Public Hearing
Dominick Argumedo, Zoning Administrator /Land -Use Planner, provided an overview of the Plan
Commission staff memorandum dated September 10, 2014 (Attachment A).
Board Report- September 17, 2014
PC #14 -14: Text Amendment /Entertainment Uses
Mr. Argumedo noted the Village created the "Entertainment Uses" definition and use classification
(Ordinance 11 -26) in 2011. The definition was created in conjunction with the application for and
subsequent approval of a special use permit to allow the Big City Entertainment, LLC to operate
the Fear City haunted house. Although the Village Code includes a definition for `Amusement
Establishment," it was determined that facilities like Fear City were distinctive from those that
would fall under that definition due to their potentially high traffic /parking demands. Big City
Entertainment filed an application for an amendment to the code to create a new land use
definition for "Entertainment Uses." The subsequent ordinance established "Entertainment Uses"
as a special use within the M2 District,
Mr. Argumedo provided an overview of the interaction between VPA and staff in the development
of the proposed "Entertainment Uses" definition modification before the Plan Commission. Mr.
Argumedo also talked of how the proposed `Entertainment Use" modification would be compatible
with the Morton Grove Industrial Areas Plan's overall vision for the M1 Restricted Manufacturing
and M2 General Manufacturing Districts, The Industrial Areas Plan calls for the area to be
"...primarily used for manufacturing, wholesale trade and other industrial and office uses." Mr.
Argumedo noted that this plan also recognizes that there may be some complementary uses
permitted in the M1 and M2 district as the language states primarily not exclusively. As
Entertainment Uses would remain a special use, the Village would have additional scrutiny over
potential entertainment use applications to ensure they complement adjacent uses, do not
adversely impact surrounding uses, and do not distract from the overall primary purpose of the
M1 and M2 zoning districts.
Mr. Argumedo concluded that language specifically prohibiting "gambling" and "intertrack
wagering facility" uses had been removed from the current "Entertainment Uses" definition as
these do not fall into the parameters of the updated definition which covers "live performance,
shows, and productions" and as such are already inherently eliminated through the language
clarifications.
Public Hearing —Board Incaui[y//Comment
Chairperson Farkas asked of the Unified Development Code's "Amusement Use Establishment"
definition and if it would apply to VPA. Mr. Argumedo read the "Amusement Use Establishment"
definition and explained that the use as written was established for gaming arcades as it refers to
'coin - operated' games. He further noted that "Amusement Use Establishment" is not an allowed
use in the M1 or M2 districts.
Chairperson Farkas then swore in team members of Virtuoso Performing Arts, LLC. Paul Hoffman,
attorney with Michael Best & Friedrich LLP spoke on behalf of VPA. He provided an overview of
how Virtuoso worked with staff to expand the definition of Entertainment Use to include a
performance arts studio with accessory instruction.
Chairman Farkas asked for questions from the commissioners. Commissioner Khan inquired how
neighboring communities defined and regulated "Entertainment Uses ". Nancy Radzevich,
Community and Economic Development Director, responded. She noted that she had worked with
Terry Liston, Corporation Counsel, on the language of the final proposed modification to the
Entertainment Uses definition. She continued that while staff will often look to neighboring
communities for specific zoning language, this was not the case as the original Entertainment
2
Board Report- September 17, 2014
PC #14 -14: Text Amendment /Entertainment Uses
Uses definition was crafted to distinguish Entertainment Uses from Amusement Establishment
Uses within the Morton Grove Unified Development Code. She then explained that the proposed
definition adheres to the intent of a true entertainment use and what the Village wants to allow —
live entertainment, productions, or shows, as the principal use. From past professional experience
in diff=erent municipalities, she felt the proposed definition is generally in line with other
communities.
Commissioner Khan inquired how other dance instruction programs in Morton Grove should be
classified. Ms. Radzevich stated that from the Village's discussions with VPA, and an
understanding that the proposed project is a performing arts center, that it is a use that is
different and distinctive from general dance instruction programs. All instruction by VPA is geared
toward preparing students for performances held by VPA. A performance art center, such as VPA,
prepares its students for shows/ performances, where other dance programs teach ballet or other
arts for the students to know ballet or some other art for personal knowledge, growth or use.
Also, schools are not an allowed use within the manufacturing districts.
Public Hearing — Public Comment
Chairperson Farkas asked if anyone was present that wanted to be heard on this case. No one
asked to speak.
Public Hearing —Board Discussion and Vote
Chairperson Farkas asked for a motion to approve Case PC14 -14.
Commissioner Blonz made a motion to recommend approval of the proposed text amendment,
PC #14 -14, to Section 12 -17 -1 of the Moron Grove Unified Development Code (Ordinance 07 -07)
to modify the Entertainment Use" as follows, eliminate the current Entertainment Uses definition
and replace it with the following:
r • i a. i r , <i
facilities are specifically excluded from this definition
Motion was seconded by Commissioner Gabriel. The amendment was recommended for approval
by majority vote. (5 -0 -2j Commissioner Dorgan and Commissioner Shimanski absent)
Board Report- September 17, 2014
PC #14 -14: Text Amendment /Entertainment Uses
PC 14 -14 PROPOSED TEXT AMENDMENT LANGUAGE
(AMENDED, PER PLAN COMMISSION RECOMMENDATION)
(New Text shown in bold /underlined format; any deleted text shown as stfikethf^ttb'h format)
12 -17 -1: TERMS DEFINED:
Entertainment Uses: An_ for profit establishment or use that provides live performances, shows
or productions which may include ancillary educational Droarams.
°.bona, aefi hies for- .. fee to < s4efs Any tN e of aAdult live entertainment and adult
entertainment facilities are use, gambling, ' c
Pale of alea el is specifically excluded from this definition."
S
Vi r Grove
Department of Community i i
To: Chairperson Farkas and Members of the Plan Commission
From: Nancy Radzevich, AICP, Community & Economic Development Director
Dominick Argumedo, AICP, Zoning Administrator /Land -Use Planner
Date: September 10, 2014
Ike: Plan Commission Case PC 14 -14 - Application for Text Amendment to
Sections 12 -17 -1 of the Morton Grove Unified Development Code
(Ordinance 07 -07) to modify the definition of "Entertainment Uses"
STAFF MEMOPANDUM
Public Notice
The Village provided Public Notice for the September 15, 2014 Plan Commission public hearing
for PC 14 -14 in accordance with the Unified Development Code. The Pioneer Press published
the public notice on August 28, 2014. As this request is for a text amendment, not a request for
a specific site, no public notice signs or notification letters were required.
Background
Virtuoso Performing Arts LLC (VPA) has submitted a special use application (PC 14 -15) to
operate a Performance Arts Studio at 8120 Lehigh Road. In conjunction with that special use
application, VPA has also filed an application requesting an amendment to the "Entertainment
Uses" definition to clarify the inclusion of the performing arts center uses, with an instructional
accessory use.
The Morton Grove Unified Development Code Section 12 -17 -1 defines "Entertainment Uses" as
"An establishment that provides entertainment and /or recreational activities for a fee to visitors.
Any type of adult use, gambling, intertrack wagering facility, or a use which permits the sale of
alcohol is specifically excluded from this definition. " Based on conversations with the
Community and Economic Development Director and Corporation Counsel, concurrent with their
special use application, Virtuoso Performing Arts LLC (VPA) has fled an application requesting
an amendment to the "Entertainment Uses" definition to accommodate their principal and
accessory uses, as follows:
"An establishment that provides entertainment and /or recreational activities for a
fee to visitors�°s_nciudinci uses such as a oerformina arts studio or venue
that offers student' instruction as an accessonr use. Any type of adult use,
gambling, intertrack wagering facility, or a use which permits the sale of alcohol
is specifically excluded from this definition."
In 2011, the Village created the "Entertainment Uses" definition and use classification
(Ordinance 11 -26) in conjunction with the application for and subsequent approval of a special
use permit to allow the Big City Entertainment, LLC to operate the Fear City haunted house.
Although the Village Code included a definition for "Amusement Establishment, ". it was
determined that facilities like Fear City were distinctive from those that would fall under that
definition. As such, concurrent with their special use application, Big City Entertainment filed an
application for an amendment to the code to create a new land use definition for
"Entertainment Uses." Because such uses can have significant parking and traffic impacts
and /or may not be appropriately sited near heavier industrial uses, "Entertainment Uses" were
included as special uses within the M2 District. The new definition and use classification were
added to the code concurrent with the approval of the Fear City special use application.
Discussion
When Village staff were approached by Virtuoso Performing Arts (VPA), it was determined that
although this type of use could fall under the definition of an Entertainment Use, the associated,
accessory performance training /education component should be added to distinguish
performing arts centers, which focus on performance and preparation thereof versus schools.
When further reviewing this definition, staff determined that it was unnecessarily cumbersome.
As such, Community and Economic Development staff in consultation with Corporation Counsel
are proposing the following revised definition:
Entertainment Use: A for profit establishment or use that provides live
performances, shows, or productions which may include ancillary
educational programs. Adult live entertainment and adult
entertainment facilities are specifically excluded from this definition
As with the original Entertainment Uses land use designation, the proposed amended definition
modification complies with the original intent in the establishment of "Entertainment Uses ":
• Entertainment uses are distinctive from "amusement uses" as they include some form
of live performances, shows or productions. This is very much in line with the principal
use of Fear City and the current proposed performing arts center.
• Entertainment Uses, are oriented to the public for entertainment purposes and, as such,
usually operate during evening and weekend hours, and
• Entertainment uses include uses that typically have short-term or seasonal events,
productions, or shows, as their primary use, but may include accessory complementary
uses either off - season or in preparation for the events, productions or shows.
In a constantly changing economy, such uses have the potential to support and complement
the long -term viability of the traditional office, commercial and industrial uses that exist within
Morton Grove. However, because these uses can have high traffic /parking demands and /or
may be geared to children and teens, these types of uses may not be appropriately sited near
heavy industrial sites — as such, these uses are included only through a special use permit and
may be approved in a case -by -case, site specific basis.
Staff notes, the current draft Morton Grove Industrial Areas Plan includes an overall vision for
the M1 Restricted Manufacturing and M2 General Manufacturing Districts to be "...primarily used
for manufacturing, wholesale trade and other industrial and office uses." Staff notes that this
plan recognizes that there may be some complementary uses permitted in the Ml and M2
district as the language states primarily not exclusively. The special use process ensures
scrutiny of potential entertainment use applications to ensure they complement adjacent uses,
do not adversely impact surrounding uses, and do not distract from the overall primary purpose
of the M1 and M2 zoning districts.
2
Staff notes the language specifically prohibiting "gambling" and "intertrack wagering facility"
uses has been removed from the current definition as these do not fall into the parameters of
the updated definition which covers "live performance, shows, and productions" and as such
are already inherently eliminated through the language clarifications. Further the elimination of
references to alcohol was done because alcohol license are, by Code, under the purview of the
Liquor Commissioner. Any modifications that might be made to the liquor code regulations
related to entertainment uses will be forwarded directly to the Board of Trustees for their
consideration.
Recommendation
If the Plan Commission decides to support this text amendment, Staff suggests the following
motion:
Plan Commission recommends approval of Case #PC14 -14, for Text Amendments to Section 12-
17-1 of the Moron Grove Unified Development Code (Ordinance 07 -07) to modify the
Entertainment Use" as follows, eliminate the current Entertainment Uses definition and replace
it with the following:
Entertainment Use: A for profit establishment or use that provides live
performances, shows, or productions which may include ancillary
educational programs. Adult live entertainment and adult
entertainment facilities are specifically excluded from this definition
Attachments:
- Application
- Proposed Amendment to Section 12 -17 -1 of the Morton Grove Unified Development Code
(Ordinance #07 -07)
3
PC 14 -14 Proposed Text Amendment
Section 12 -17 -1
Entertainment Uses: Air for profit establishment or use that provides live performances, shows
or productions which may include ancillary educational nroarams. entei*^irment . nd/
feefeational aefivities for- ^ fee to T ^ + °r^ ^ „� to ^� ^ A dult live entertainment and adult
entertainment facilities are use, gxambliflg, $tteftr-&.^ -nlc Wae` c in,(4-f&gmcy, or-a use wigh:ftff!iits .
the sale ° f-ake- "^' specifically excluded from this definition."
L. B E 55
September 17, 2014
VIA -{U[, iL DG;lit(f 6 ie c� iOR`I�ONG VElLOR
AND REGULAR MAIL
President Clan DiMaria
Village of Morton Grove
6101 Capulina Avenue
Morton Grove, IL 60053
Michael Best & Friedrich LLP
Attorneys at Law
Two Rivet-wood Place
N19 W24133 Riverwood Drive
Suite. 200
Waukesha, WI 53188 -1174
Phone 262.956.6560
Fax 262.956.6565
Paul G. Hoffman
Direct 262.956.6549
Email pghof rnan@michaelhest.com
Re: Pr000sed Text Amendment to Section 12 -17 -1 of Village Ordinance 07 -0`7 UndermVili
Case fVO., PC 14-14 and S ecial Uqe .F?ermit Application Under Suction_ 12- -4 --4F of Village
Ordinance 07 -07 Subject to Viil,acie Case No. _PC14-15, for At.>�r Aj of an_. "Entertainment
Use" at 8120 LqhL gh Avenue as Submitt ci Virtuoso Performincq�krts I C
Clear President DiMaria:
This letter is written on behalf of my client, Virtuoso Performing Arts, LLC ( "VPA "). VPA is
seeking approval of the above referenced Text Amendment and Special Use Application to
permit their relocation of their ten year old performing arts studio to the Lehigh Avenue address.
During discussions with your corporation counsel, Terry Liston, Community and Economic
Development Director, Fancy Radrevich and Zoning Administrator, Dominick Argumedo,
Village staff felt that the existing entertainment special use definition would require some
broadening to contemplate VPA's intended use, That is the reason for the Text Amendment
which adds an educational element.
Both the Text Amendment and Special Use Application received an enthusiastic unanimous
recommendation for approval at the Plan Commission meeting on September 15, 2014.
This letter is written to request that the Village Board waive its customary requirement for two
hearings before the Village Board. This request is rnade for the following reasons:
VPA'& operational schedule tracks customary academic schedules. This means that
VPA's new year schedule will start January 5, 2015, Completing design for their buildout
(5 days), submitting plans for bid (7 days), pulling permit (28 days), and construction
(52 days) is estimated to total approximately 92 days, or until December 23, 2014.
Additionally, actual physical relocation is estimated to add another 14 days to that
projected construction completion date, taking VPA to its planned start date. If our
request for second reading waiver is not granted and final Board approval not received
until October 14, 2014, that schedule will be very challenging.
miciaelbest.corn
MICHAEL BEST
President Dan DK0oha
Village of Morton Grove
September 17`2O14
Page
My client's application has already been before two public hearings, The first hearing
was before the Traffic Safety Commission on September 4, 3014. The second hearing
was before the Village Plan Commission on September 15, 2014, At a m|ninlurn, there
will be othird public hearing before the Village Board on September 22, 2014. VPA
believes that those three hearings provide ample and sufficient opportunity to any Village
citizens who may have wished to object or comment on the VIDA proposals. No adverse
comments were received at either Traffic Safety or Plan Co00ieoion, While VPA
certainly understands the Village's practice in promoting considered and deliberate
decision making, VPA respectfully requests that in this inotanoe, the second hearing
requirement before the Village Board be eliminated.
In dosing, VPA would like to cornp|irnard the Village steff, and omrdcu|adv. Nancy, Terry, and
Donlinick, in their cooperation and help in advancing VPA\S application, We believe, and we
believe your staff concurs, thatVPA'e performing arts studio will be an asset to the Village of
Morton Grove enriching the lives of many uf its residents.
{ would bn honored tV respond tm any questions you may have,
Very truly yours,
P
Paul G. Hoffman
PGH:bevv
cc: MS. Nancy M. Radzev|ch (via e-mail
Terry Liston, Esq, (via e-mail tlisto
Ms, Andrea M, Polack Conway (via e-mail annievpa@g1naiI,com)
Ms. Carrie E. Polack BohImann (via e-mail carriebohirnarin rnail.com)
Ms. Margaret C. Polack Thompson (via e-rnail Mpf�Lar�e.t
Mark S. Poker, Esq. (via e-mail n pg�t
022418-OOnk� 5647847.1
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