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HomeMy WebLinkAbout2017-07-24 AgendaM1ORTON GROVE Incredibly Close Amazingly Open VILLAGE BOARD OF TRUSTEES REGULAR MEETING NOTICE/AGENDA TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER SCANLON CONFERENCE ROOM July 24, 2017 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 - Property 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 Regular Meeting — June 26, 2017 Special Meeting — June 29, 2017 Regular Meeting — July 10, 2017 8. Special Reports a. Presentation of Plan Commission Case PC 17-13 requesting approval of a preliminary/final plat of vacation of a 2,249 sq ft area of the Capulina Avenue right-of-way, located directly to the west of Narragansett Avenue and east of the Metra right-of-way to be made by Community and Economic Development Director Nancy Radzevich b. Presentation of Plan Commission Case 17-14 requesting a Planned Unit Development comprised of 36 attached dwellings in a total of seven buildings on approximately two acres with waivers to density and dimensional controls and approval of the preliminary and final plats of subdivision. 9. Public Hearings 10. Residents' Comments (agenda items only) 11. President's Report — Administration, Comprehensive Plan, Council of Mayors, Northwest Municipal Conference, Strategic Plan Committee 12. Clerk's Report — Condominium Association, Strategic Plan Committee 13. Staff Reports a. Village Administrator 1) Miscellaneous Reports and Updates b. Corporation Counsel 14. Reports by Trustees a. Trustee Grear — Building Department, Community and Economic Development Department, Lehigh/Ferris TIF, Police Facility Committee, Prairie View TIF, Special Events Commission, Traffic Safety Commission (Trustee Minx) b. Trustee Minx — Capital Projects, Chamber of Commerce, Natural Resource Commission, Plan Commission/Zoning Board, Public Works Department, Waukegan Road TIF (Trustee Grear) 1) Ordinance 17-19 (Introduced July 10, 2017) (Second Reading) Approving a Special Use Permit for a Medical and Dental Office/Clinic at 5818 Dempster Street 2) Ordinance 17-22 (Introduced July 24, 2017) (First Reading) Approving a Preliminary/Final Plat of Vacation of a 2,249 sq. ft. Portion of Capulina Avenue Right -of -Way, Located Immediately West of Narragansett Avenue and East of the Metra Right -of -Way 3) Resolution 17-36 (Introduced July 24, 2017) Authorizing an Agreement with ComEd for Design work by ComEd for the Relocation of Existing Electrical Equipment to Facilitate the Redevelopment of the Village -Owned Property at the Southwest Corner of Ferris and Capulina Avenues (Site "B") 14. Reports by Trustees (continued) c. Trustee Ramos — Appearance Commission, Environmental Health, IT, Legal Department (Trustee Travis) d. Trustee Thill —Advisory Commission on Aging, Emergency Management Agency, Family and Senior Services Department, Fire Department, Fire Pension Board, RED Center, SWANCC (Trustee Witko) e. Trustee Travis — Community Relations Commission, Dempster Street Corridor Plan, Finance Advisory Commission, Finance Department (Trustee Ramos) f. Trustee Witko — Economic Development Commission, Farmers' Market, Fire and Police Commission, NIPSTA, Police Department, Police Pension Board, Water Commission (Trustee Thill) 1) Ordinance 17-21 (Introduced July 10, 2017) (Second Reading) Amending Title 5 "Motor Vehicles and Traffic", Chapter 1 Entitled "Traffic Administration and Enforcement", Section 4 Entitled "Experimental or Temporary Regulations" of the Village's Municipal Code 2) Resolution 17-37 (Introduced July 24, 2017) Authorizing the Approval of a Professional Services Agreement for Engineering Services for Design of Water Transmission Mains and Facility Improvements to be entered into between the Morton Grove -Niles Water Commission and Stanley Consultants, Inc. and the Expenditure of Village Funds to Pay for the Village of Morton Grove's Share of the Financial Obligations Under the Professional Services Agreement 15. Other Business 16. Presentation of Warrants $625,702.11 17. Residents' Comments 18. Executive Session — Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate 19. Adjournment - To ensure full 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 (847/470-5220) promptly to allow the Village to make reasonable accommodations. MINUTES OF A REGULAR MEETING OF THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE COOK COUNTY, ILLINOIS, HELD AT THE RICHARD T, FLICKINGER MUNICIPAL CENTER JUNE 26, 2017 CALL TO ORDER I — Village President Dan DiMaria reconvened the meeting at 7:00 pm. in the Council Chambers V. of Village Hall following the Executive Session, and led the assemblage in the Pledge of Allegiance. VI. Village Clerk Eileen Harford called the roll. Present were: Trustees Bill Grear, Rita Minx, Ed Ramos, John Thill, Connie Travis, and Janine Witko. VII. APPROVAL OF MINUTES Regarding the June 12, 2017 Regular Board Meeting, Trustee Minx moved to approve the Minutes as presented, seconded by Trustee Grear. Motion passed unanimously via voice vote. VIII. SPECIAL REPORTS 1. An Introduction to This Year's Farmers' Market a. Brad Moldofsky, one of the original founders of the Market, introduced co -managers Eric, Elaine, and Susan, volunteer coordinator Lorri Fishman, and Rich Block. He thanked the Village for their support over the past eight years. He said that the Market is vibrant and a focal point of the community. It has many loyal people who support by attending each weekend and purchasing goods, as well as those who participate in the Friends of the Market program. Rich said that the market raises all its own funding through the Friends of the Market program. When people donate at a certain level, they receive a tee-shirt that will list their names, along with other donors, on the back. Rich said that money is needed to keep the Market open, and hoped each member of the Board would support the program. The deadline for donating $25 to receive a tee-shirt is July 29th, and tee-shirts will be in by August 5th. Rich said the Market is open every Saturday (except on the July 4th weekend) from 8:00 am to noon, and they're now serving waffles! b. c. d. Mayor DiMaria said he and the Board urged everyone to attend and spend some time at the Farmers' Market weekly so that this valuable resource can be maintained and flourish. The Market is always looking for volunteers to work at the Welcome Booth, or help with set-up in the morning or clean-up when the Market closes. VIII. SPECIAL REPORTS (continued) Minutes of June 26, 2017 Board Meeting e. Elaine said the Market has over a dozen vendors and three farmers, including one organic farmer. You can purchase honey, mean, fresh eggs, jewelry, and soap; you can enjoy the live music or bring your kids to participate in the children's activities. She said there's something for the whole family at the Market, noting that on Saturday, July 15, the Pie Contest will be held. 2. Plan Commission Case PC17-12, Requesting a Special Use Permit for a Tavern, Bar, and Cocktail Lounge with Live Music as an Accessory Use and Associated Parking Waivers for the Property Commonly Known as 5705-07 Dempster Street. a. Director of Community and Economic Development Nancy Radzevich presented this report. She said that the Applicant, All Inn, Inc., is looking to expand their existing bar at 5707 Dempster into the adjacent space at 5705 Dempster, and will add a stage to allow for live music, DJs, karaoke, and other similar types of entertainment. b. Ms. Radzevich said the Applicant has operated its current bar for the past three years, and is proposing to remove a portion of the existing wall between their current space and the vacant space next door to add a 12 -foot by 11 -foot stage as well as tables and chairs for 30 additional patrons. With the expanded facility, the Applicant is proposing to have live musical entertain- ment approximately three nights a week (generally, Fridays and Saturdays, plus one week night) and host bingo, karaoke and/or similar events on various weeknights. The hours of operation would remain the same: Monday through Friday, 8:00 am to 2:00 am; Saturday, 8:00 am to 3:00 am; and Sunday, 11:00 am to 2:00 am. c. The Applicant is proposing that the increased parking demand generated from the expanded facility can be handled by a combination of available onsite parking spaces, public parking spaces along Major Avenue and in the municipal parking lot across Dempster Street, and leased spaces at 5708 Dempster via a valet parking service. d. Ms. Radzevich said the Applicant, represented by Ms. Lisa Cosentino, testified at the Plan Commission hearing that All Inn intends to use two of the existing onsite parking spaces immediately adjacent to the building as the staging area for pick-up and drop-off of the vehicles. Vehicles would then exist to Major Avenue to be parked at the rented parking spaces at 5708 Dempster. Commissioner Farkas suggested that, if the Commission recommends approval, that no valet service operations should be conducted on Dempster Street or Major Avenue. The traffic consultant found that there would be sufficient parking to accommodate this request. e. Ms. Radzevich said there was discussion at the Plan Commission hearing about how All Inn would minimize sound from the live entertainment and limit its impact on surrounding properties. Ms. Cosentino noted that All Inn has designed the expanded facility to minimize sound escaping the premises by utilizing sound -absorbing materials in the proposed flooring, ceiling and furniture, and would place the majority of the speakers in locations where the sound would be projected forward, away from the rear of the facility, which is where residences are located. The existing rear door on the 5705 Dempster side, where the entertainment will be, will not be available for patrons to enter or exit; patrons could still use the rear door at 5707 Dempster, however. f. Several residents spoke at the hearing about noise from patrons in the parking lot behind the facility, about the timing of deliveries and trucks double-parking on Major Avenue, and about concerns that live entertainment would expand beyond three days a week. 2 Minutes of June 26, 2017 Board Meeting VIII. g. SPECIAL REPORTS (continued) Ms. Cosentino addressed the concerns and said she would work with the neighbors because she wanted to sustain the "neighborhood" feel of the bar.. Ms. Radzevich said the Plan Commission recommended approval of this request unanimously. h. Trustee Grear asked Chief Simo and Village Administrator Czerwinski if there have been any problems in or around All Inn. Mr. Czerwinski said that he's heard no complaints; the owners are very responsive and are focused on making the establishment a success. Chief Simo said there have been a couple of reports of rowdiness and fighting in the parking lot behind the facility, and noted that the owners are encouraging people to smoke elsewhere. i. Trustee Thill asked if the live music would go to 2:00 am. Ms. Cosentino said that it would likely end at midnight. j. Trustee Minx commended Ms. Cosentino and her father for being upfront and responsive, and said it was nice to see businesses and homeowners working together. IX. PUBLIC HEARINGS NONE X. RESIDENTS' COMMENTS (Agenda Items Only) NONE Xl. PRESIDENT'S REPORT 1. Mayor DiMaria sought concurrence from the Board to appoint Ann Estey as the Secretary to the Traffic Safety Commission. Trustee Thill so moved, seconded by Trustee Witko. Motion passed unanimously via voice vote. 2. Mayor DiMaria proclaimed June 26, 2017 as "J. Herman Sitrick Day" in Morton Grove. He said it's important to recognize America's heroes who sacrifice for our nation and inspire other Americans to defeat terrorism and advance peace. Such willingness and assumption of duty has been exemplified by J. Herman Sitrick, a Morton Grove resident and World War 11 veteran, who has earned the gratitude of the nation of France for military and civil actions taken when he captured and turned over 21 German soldiers during a snowstorm to the 3rd Armored Division in 1945. For so doing, 70 years later, Mr. Sitrick has received France's Legion d'Honneur for his valor and bravery, and has earned the right to be honored by a community that is grateful for his service to his country. Mayor DiMaria urged all residents to recognize the valor and bravery displayed during Mr. Sitrick's tour of duty during World War II and to express their gratitude to all who have served and are presently serving to protect and defend our nation and its freedoms. a. Mr. Sitrick acknowledged the proclamation and said that he's been called a hero, but he doesn't think of himself that way. He said he looks at Tammy Duckworth and feels that she is a hero. He said he has loved living in Morton Grove, especially because of his neighbors, and thanked the Mayor and Board for honoring him. 3 XI. Minutes of June 26, 2017 Board Meeting PRESIDENT'S REPORT (continued) 3. Mayor DiMaria said that the Morton Grove Days festival starts this Friday and runs through July 4. He added that volunteers are still needed for the festival. Megabands and wristbands can be purchased online at www.mortongrovedays.orq. Mayor DiMaria said that parking restrictions will be in place on July 4 from noon to midnight. Parking will only be allowed on one side of the street in the affected areas. Signs will be posted and residents in the affected areas will receive communication about the parking restrictions. Mayor DiMaria encouraged everyone to come out and enjoy the festival, saying its a great venue and always a lot of fun! 4. Mayor DiMaria said that the Community Relations Commission's Summer Photo Contest will begin on July 1s` and end on Labor Day. Up to five photos can be submitted to crcna mortongroveil.orq or by dropping them off at Village Hall. 5. Mayor DiMaria said that yard waste stickers are available for $2.18 or five for $10.90. They can be purchased at Village Hall, the Walgreens at 5730 Dempster Street, the Walgreens at 8301 Waukegan Road, or the Jewel -Osco at Milwaukee and Oakton in Niles. 6. Mayor DiMaria reminded the assemblage that the Village has changed the annual cycle for vehicle stickers and pet licenses. Current 2016/2017 vehicle stickers and pet licenses will be valid until August 31, 2017. The new 2017/2018 vehicle stickers and pet licenses will be available to purchase on June 1, 2017, and must be displayed by August 31, 2017. The cycle will then be August to August going forward. XII. CLERK'S REPORT Clerk Harford had no report. XIII. STAFF REPORTS A. Village Administrator: Village Administrator Czerwinski announced that there would be a Special Meeting of the Village Board on Thursday, June 29, at 5:15 pm to conduct one item of business. B. Corporation Counsel: Corporation Counsel Liston was absent with notice; she is in Italy attending her son's wedding. No report. 4 Minutes of June 26, 2017 Board Meeting XIV. A. Trustee Grear: TRUSTEES' REPORTS 1. Trustee Grear introduced Ordinance 17-16, Amending Title 5, Chapter 13, Article A, Section 2 Entitled "Two -Way Stop Intersections;" Title 5, Chapter 13, Article A, Section 4 Entitled "Four -Way Stop Intersections;" Title 5, Chapter 13, Article F, Section 1 Entitled "No Parking Streets;" and Title 5, Chapter 13, Article F, Section 3E Entitled "Time Limit Parking Zones" of the Municipal Code of the Village of Morton Grove. a. 2. a. He said that this ordinance will improve traffic safety at Capulina and Ferris Avenues as well as the on -street parking supply in this vicinity. Area residents are concerned about the sight distance between traffic on Capulina and Ferris Avenues. Village staff investigated and implemented an experimental parking regulation, eliminating the first parking space on the west side of Ferris Avenue north and south of Capulina Avenue. The Village notified affected residents and businesses of this temporary change and requested their feedback. The feedback supported the improved sight distances, but noted concerns about the reduction in on -street parking. The Traffic Safety Commission then reviewed the matter to see if the change should be made permanent. Village staff recommended installing a four-way stop to provide a higher level of traffic control and maintain the on -street parking supply. The Traffic Safety Commission recommended the four-way stop. Trustee Grear said that, since this is the first reading of this ordinance, no action will be taken this evening. Next, Trustee Grear presented for a first reading Ordinance 17-17, Amending Title 5, Chapter 13, Article D, Section 1 Entitled "No Entry Streets Declared" and Title 5, Chapter 13, Article J, Section 2 Entitled "No Right Turn" of the Municipal Code of the Village of Morton Grove. He said that this ordinance will eliminate traffic regulations on Austin Avenue prohibiting entry onto side streets intersecting with Austin Avenue during certain times of certain days. Village staff had identified these turn restrictions and noted that they did not seem to provide beneficial control of traffic. Trustee Grear said that, as this is a first reading, no action will be taken this evening. B. Trustee Minx: 1. Trustee Minx presented Ordinance 17-15, Approving a Text Amendment to Modify Medical and Dental Office/Clinic Use Classifications in Commercial Districts of the Village of Mor- ton Grove Municipal Code. a. This is the second reading of this ordinance. Trustee Minx said this ordinance is pursuant to Plan Commission Case PC 17-11, reported out at the Board's June 12 meeting by Community and Economic Development Director Nancy Radzevich. 5 XIV. B. Trustee Minx: (continued) b. Trustee Minx said this will allow certain lower -intensity medical and dental/office uses to be reviewed and approved through an administrative review process, while maintaining the special use permit requirement for such uses which are more intensive and/or sited in commercial areas with limited parking supply. The administrative review process would be based on key aspects of the operation of the business, such as peak number of occupants, parking demands, etc., in the context of the overall site development and surrounding area. A lower -intensity medical or dental office use would be permitted if staff determines the use would not have an adverse impact on adjacent uses, surrounding properties, or public rights-of-way; if an adverse impact would result from the use, a special use permit would be required. TRUSTEES' REPORTS (continued) Minutes of June 26, 2017 Board Meeting Trustee Minx moved to adopt Ordinance 17-15, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. Tr. Grear Tr. Thill Tr. Minx Tr. Travis Tr. Ramos Tr. Witko gyg 2. Next, Trustee Minx presented Resolution 17-34, Authorizing the Execution of a Service Contract Extension With Crystal Management and Maintenance Services Corporation for Janitorial Cleaning Services. She said that Resolution 16-35, approved on May 24, 2016, authorized a contract with Crystal Management and Maintenance Services Corporation for janitorial services for a three-year term (one year and optional renewal in 2017 and 2018) beginning in 2016. Crystal Management has performed the work satisfactorily and is able to complete the work. This resolution authorizes the Village Administrator to execute a Letter of Agreement extending the contract for Crystal Management and Maintenance Services. Trustee Minx said that the estimated contract value is $46,080, but since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. a. b. Trustee Minx moved, seconded by Trustee Grear, to approve Resolution 17-34. Motion passed: 6 ayes, 0 nays. Tr. Grear Tr. ThiIl Rya Tr. Minx Tr. Travis Tr. Ramos Tr. Witko yQ 3. Trustee Minx then brought forward for a first reading Ordinance 17-18, Approving a Special Use Permit For a Tavern, Bar, and Cocktail Lounge with Live Music and/or Vocal Enter- tainment as Accessory Use and Associated Parking Waivers at 5705-07 Dempster Street, Morton Grove, IL. a. Trustee Minx said this ordinance is pursuant to Plan Commission Case PC 17-12, reported out earlier this evening by Community and Economic Development Director Nancy Radzevich. As this is a first reading, no action will be taken this evening. 6 XIV. C. Trustee Ramos: Trustee Ramos had no report. D. Trustee Thill: TRUSTEES' REPORTS (continued) Minutes of June 26, 2017 Board Meeting Trustee Thill had no formal report, but gave a brief announcement about the benefits of being one of the 23 member communities of the Solid Waste Agency of Northern Cook County (SWANCC). He said that 1,887,085 pounds of electronic waste ($294,145); 46,796 pounds of batteries ($28,072); 45,700 pounds of fluorescent bulbs ($30,058); 6,240 pounds of pharmaceu- ticals and 5,026 pounds of sharps (used needles) ($58,274); and 33,467 pounds of holiday lights have been recycled. Without recycling, these costs would have all ended up in landfills. Trustee Thill complimented SWANCC on being "the best run organization in the State" and en- couraged everyone to keep on recycling, because it really helps. E. Trustee Travis: 1. Trustee Travis thanked everyone who has adopted a planter as part of the Community Relations Commission's Adopt -A -Planter program and encouraged them to take pictures of their planters and submit them. 2. Trustee Travis said the information would be coming out soon about the community -wide garage sale, which will be held on August 11-13. Anyone who participates will have the Village's garage sale fee waived. Last year, over 90 households participated. F. Trustee Witko: Trustee Witko had no report. XV. OTHER BUSINESS NONE XVI. WARRANTS Trustee Travis presented the Warrant Register for June 26, 2017, in the amount of $606,729.78. She moved that the Warrants be approved as presented. Trustee Witko seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. Grear Tr. ThiII yQ Tr. Minx Tr. Travis Ryg Ryg Tr. Ramos Tr. Witko Eya pig 7 XVI. WARRANTS (continued) ';. Minutes of June 26, 2017 Board Meeting a. Trustee Grear commented that the Morton Grove Days fund is in the Warrants now, but that doesn't mean the Village is "funding" Morton Grove Days. The Morton Grove Days Commission, which does the fundraising for the event, gives an amount to the Village to offset its costs. RESIDENTS' COMMENTS Nancy Lanning wanted to let the Board know that Bill Springborn, a Village resident who was over 100 years old, passed away. Mayor DiMaria said the Board's thoughts and prayers are with Mr. Springborn's family. XVII. XVIII ADJOURNMENT Trustee Minx moved to adjourn the meeting, seconded by Trustee Thiil Motion passed: 6 ayes, 0 nays. Tr. Grear Tr. ThiII Tr. Minx Tr. Travis The meeting adjourned at 7:39 p.m. gig Tr. Ramos Tr. Witko gig Ryg 8 Minutes of June 26, 2017, Board Meeting PASSED this 24th day of July 2017. Trustee Grear Trustee Minx Trustee Ramos Trustee Thill Trustee Travis Trustee Witko APPROVED by me this 24th day of July 2017. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 25th day of July 2017 Eileen Scanlon Harford, Village Clerk Village of Morton Grove Cook County, Illinois Minutes by. Teresa Causer MINUTES OF A SPECIAL MEETING OF THE PRESIDENT. AND THE BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE COOK COUNTY, ILLINOIS, HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER JUNE 29, 2016 I I CALL TO ORDER/PLEDGE OF ALLEGIANCE Village President Daniel P. DiMaria called the meeting to order at 5:15 p.m. in the Richard T. Flickinger Municipal Center Scanlon Conference Room. After leading the assemblage in the Pledge of Allegiance, he directed the Clerk to call the roll. ROLL CALL Village Clerk Travis called the roll. Present were: Trustees Bill Grear, Rita Minx, Ed Ramos, John Thill, Connie Travis and Janine Witko. Also present were Village Administrator Ralph E. Czerwinski, Assistant to the Village Adminis- trator Tom J. Friel, and Fire Chief Frank Rodgers. III. Resolution 17-35 Mayor DiMaria stated this special meeting was held to introduce Resolution 17-35 which would approve a Memorandum of Understanding between the Village and the Morton Grove Park District regarding the operations and responsibilities for the 2017 Morton Grove Days Event. There being no discussion, Trustee Thill moved, seconded by Trustee Witko. Mayor DiMaria called for discussion, there being none Trustee Grear read the purpose of this document was to provide guidance in the planning and successful operation of the Mor- ton Grove Days event which will be held from June 30, 2017 through July 4, 2017. No other comments were made regarding Resolution 17-35. Clerk Scanlon Harford called the roll: Tr. Grear aye Tr. Minx aye Tr. Ramos aye Tr. Thill aye Tr. Travis aye Tr. Witko aye Motion passed: 6 ayes, 0 nays, 0 absent IV. ADJOURNMENT/EXECUTIVE SESSION There being no further business to come before the Board, Trustee Minx moved to adjourn the meeting at 5:16 pm. Trustee Witko seconded the motion which was unanimously approved via voice vote. PASSED this 24`" day of July 2017. Trustee Grear Trustee Minx Trustee Ramos Trustee Thill Minutes of June 29, 2017, Board Meeting Trustee Travis Trustee Witko APPROVED by me this 241h day of July 2017. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 251h day of July 2017 Eileen Scanlon Harford, Village Clerk Village of Morton Grove Cook County, Illinois Minutes by: Susan Lattanzi 2 MINUTES OF A REGULAR MEETING OF THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE COOK COUNTY, ILLINOIS, HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER JULY 10, 2017 CALL TO ORDER I — Village President Daniel P. DiMaria called the meeting to order at 7:00 pm. in the Council V. Chambers of Village Hall and led the assemblage in the Pledge of Allegiance. VI. Village Clerk Eileen Scanlon Harford called the roll. Present were: Trustees Bill Grear, Rita Minx, Ed Ramos, John Thill, Connie Travis, and Janine Witko. VII. APPROVAL OF MINUTES The Minutes of the June 26, 2017 were tabled until the Board's July 24'" meeting. VIII. SPECIAL REPORTS IX. NONE PUBLIC HEARINGS NONE X. RESIDENTS' COMMENTS (Agenda Items Only) NONE XI. PRESIDENT'S REPORT 1. Mayor DiMaria thanked everyone who came to the Morton Grove Days festival and fireworks and for making it a very successful event. He also thanked all the volunteers, the Village staff (especially the Police, Fire, and Public Works personnel), the Park Board, and his fellow Board members for all of their support and assistance. He said, "It was a great weekend." 2. Mayor DiMaria reminded everyone to make an effort to attend the Police Department's National Night Out on August 1 from 5:30 to 8:30 p.m. at the Civic Center. It's a great way to meet and greet police personnel and there will be fun, games, and food for the whole family. XI. PRESIDENT'S REPORT (continued) Minutes of July 10, 2017 Board Meeting 3. Mayor DiMaria reminded the assemblage the Village has changed the annual cycle for vehicle stickers and pet licenses. Current 2016/2017 vehicle stickers and pet licenses will be valid until August 31, 2017. The new 2017/2018 vehicle stickers and pet licenses have been available for purchase since June 1, 2017. They must be displayed by August 31, 2017. The cycle will then be August to August going forward. Vehicle stickers and pet licenses can be purchased by mail, online, or in-person at Village Hall. 4. Mayor DiMaria said a representative of the Metra police would be at the Morton Grove train station on Thursday, July 27, between 5:40 a.m. and 9:00 a.m. promoting "Operation Lifesaver Station," part of Metra's ongoing safety education efforts designed to enhance passenger awareness about the potential hazards of disregarding pedestrian railroad warning devices. About 50 stations are selected each year, and this year, Morton Grove is one of them. A team of Metra Safety Department personnel, Metra Police and local police and fire personnel will engage commuters by handing out printed educational materials explaining the importance of obeying railroad crossing warning devices and discussing general railroad safety. XII. CLERK'S REPORT Clerk Scanlon Harford had no report. XIII. A. Village Administrator: Village Administrator Czerwinski had no report. STAFF REPORTS B. Corporation Counsel: Corporation Counsel Liston had no report. XIV. TRUSTEES' REPORTS A. Trustee Grear: 1. a. Trustee Grear presented Ordinance 17-16, Amending Title 5, Chapter 13, Article A, Section 2 Entitled "Two -Way Stop Intersections;" Title 5, Chapter 13, Article A, Section 4 Entitled "Four -Way Stop Intersections;" Title 5, Chapter 13, Article F, Section 1 Entitled "No Parking Streets;" and Title 5, Chapter 13, Article F, Section 3E Entitled "Time Limit Parking Zones" of the Municipal Code of the Village of Morton Grove. This is the second reading of this ordinance. Trustee Grear said this ordinance will improve traffic safety at Capulina and Ferris Avenues as well as the on -street parking in this vicinity. Area residents are concerned about the sight distance between traffic on Capulina and Ferris Avenues. Village staff investigated and implemented an experimental parking regulation, eliminating the first parking space on the 2 ''-Minutes of July 10, 2017 Board Meeting XIV. TRUSTEES' REPORTS (continued) A. Trustee Grear: (continued) west side of Ferris Avenue north and south of Capulina Avenue. The Village notified affected residents and businesses of this temporary change and requested their feedback. The feedback supported the improved sight distances, but noted concerns about the reduction in on -street parking. The Traffic Safety Commission then reviewed the matter to see if the change should be made permanent. Village staff recommended installing a four-way stop to provide a higher level of traffic control and maintain the on -street parking supply. The Traffic Safety Commission recommended the four-way stop. 2. a. Trustee Grear moved to adopt Ordinance 17-16, seconded by Trustee Minx. Motion passed: 6 ayes, 0 nays. Tr. Grear Tr. Thill pys Tr. Minx Tr. Travis Ays Tr. Ramos kyl Tr. Witko aye Next, Trustee Grear presented Ordinance 17-17, Amending Title 5, Chapter 13, Article D, Section 1 Entitled "No Entry Streets Declared" and Title 5, Chapter 13, Article J, Section 2 Entitled "No Right Turn" of the Municipal Code of the Village of Morton Grove. This is the second reading of this ordinance. Trustee Grear said this ordinance will eliminate turning regulations on Austin Avenue which prohibit entry onto side streets intersecting with Austin Avenue during certain times on certain days. Village staff identified these turn restrictions and noted they did not seem to provide beneficial control of traffic. Trustee Grear moved, seconded by Trustee Witko, to adopt Ordinance 17-17. Motion passed: 6 ayes, 0 nays. Tr. Grear Tr. Thili gya Tr. Minx Tr. Travis gya Tr. Ramos Tr. Witko ave 3. Trustee Grear echoed Mayor DiMaria's comments about the Morton Grove Days festival, adding that he's finally gotten his voice back. B. Trustee Minx: 1. Trustee Minx presented Ordinance 17-18, Approving a Special Use Permit For a Tavern, Bar, and Cocktail Lounge with Live Music and/or Vocal Entertainment as Accessory Use and Associated Parking Waivers at 5705-07 Dempster Street, Morton Grove, IL. This is the second reading of this ordinance. 3 XIV. B. Trustee Minx: (continued) a. Trustee Minx said this ordinance was pursuant to Plan Commission Case 17-12, reported on at the Board's June 26`h meeting by Director of Community and Economic Development Nancy Radzevich. '.'. Minutes of July 10, 2017 Board Meeting TRUSTEES' REPORTS (continued) b. All Inn, Inc. (the Applicant) is looking to expand their existing bar at 5707 Dempster with the adjacent space at 5705 Dempster. They will add a stage to allow for live music, DJs, karaoke, and other similar types of entertainment. c. All Inn has operated its current bar for the past three years and is proposing to remove a portion of the existing wall between their current space and the vacant space next door by adding a 12 -foot by 11 -foot stage as well as tables and chairs for 30 additional patrons. With the expanded facility, the Applicant is proposing to have live musical entertainment approximately three nights a week (generally, Fridays and Saturdays, plus one week night) and host bingo, karaoke and/or similar events on various weeknights. The hours of operation would remain the same: Monday through Friday, 8:00 am to 2:00 am; Saturday, 8:00 am to 3:00 am; and Sunday, 11:00 am to 2:00 am. d. All Inn is proposing that the increased parking demand generated from the expanded facility can be handled by a combination of available onsite parking spaces, public parking spaces along Major Avenue and in the municipal parking lot across Dempster Street, as well as leased spaces at 5708 Dempster via a valet parking service. e. Trustee Minx said Lisa Cosentino, representing All Inn, testified at the Plan Commission hearing that All Inn intends to use two of the existing onsite parking spaces immediately adjacent to the building as the staging area for pick-up and drop-off of the vehicles. Vehicles would then exit onto Major Avenue to be parked at the rented parking spaces at 5708 Dempster. The traffic consultant found that there would be sufficient parking to accommodate this request. f. All Inn has designed the expanded facility to minimize sound escaping the premises by utilizing sound -absorbing materials in the proposed flooring, ceiling and furniture, and will place the majority of the speakers in locations where the sound would be projected forward, away from the rear of the facility, which is where residences are located. The existing rear door on the 5705 Dempster side, where the entertainment will be, will not be available for patrons to enter or exit; but patrons could still use the rear door at 5707 Dempster. 9. h. The Plan Commission recommended approval of this request unanimously, and Trustee Minx moved to adopt Ordinance 17-18. Trustee Witko seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. Grear Tr. Thill Tr. Minx ayre Tr. Travis aya Tr. Ramos ay2 Tr. Witko a� Trustee Grear noted that Lisa's father hasn't been feeling well, and said that hopefully this will put a smile on his face. Mayor DiMaria wished Lisa good luck and extended good wishes to her dad. 4 Minutes of July 10, 2017 Board Meeting XIV. B. Trustee Minx: (continued) TRUSTEES' REPORTS (continued) 2. Next, Trustee Minx introduced Ordinance 17-19, An Ordinance Approving a Special Use Permit for a Medical and Dental Office/Clinic at 5818 Dempster Street, Morton Grove, IL. a. She said that Dr. Spiro Karras filed an application for a special use permit for a Medical and Dental Office/Clinic at 5818 Dempster Street. He plans to move his practice of 20 years from Lincolnwood to Morton Grove. The proposed hours for the facility are: 8:00 a.m. to 5:00 p.m. Mondays through Thursdays; 8:00 a.m. to 3:00 p.m. on Fridays, along with two Saturdays per month from 7:30 a.m. to 1:00 p.m. Dr. Karras will initially have a staff of five (1 doctor and 4 support staff), and intends to increase it to a staff of eight (2 doctors and 6 support staff) over the next few years. At full capacity, the office is expected to accommodate an average of 15 to 18 patients per day (weekdays). Trustee Minx said, per the Unified Development Code, the required number of parking spaces for this development is 11. Dr. Karras hired AES Services to complete a traffic and parking report. They determined, based on the property use, the proposed facility would have a peak demand of 12 spaces, which can be accommodated through a combination of 6 onsite parking spaces as well as available public parking spaces along Mansfield and within the municipal parking lot, across Dempster Street. AES concluded that the combination of onsite and available public parking spaces should accommodate the parking demand for this use. Trustee Minx said this special use application was reviewed by Village departments and by the Traffic Safety Commission (TSC). The TSC raised some questions about the traffic report, and a revised site plan and traffic report was submitted in response to their questions. As there are no proposed changes to the facade, the Appearance Commission's review was not required. The Plan Commission unanimously recommended approval of this application, with conditions. Trustee Minx stated this is the first reading of this ordinance, so no action would be taken this evening. C. Trustee Ramos: b. c. Trustee Ramos had no report, but thanked the Morton Grove Days Commission for a job well done, and thanked the residents and businesses who participated in the parade for doing so. D. Trustee Thill: Trustee ThiII had no report. 5 XIV. E. Trustee Travis: 1. Trustee Travis presented for a first reading Ordinance 17-20, An Ordinance Establishing the Prevailing Rate of Wages for Laborers, Mechanics, and Other Workers in the Village of Morton Grove Employed in Performing Construction of Public Works for the Village. a. She explained the Illinois Prevailing Wage Act requires a contractor and subcontractor to pay laborers, workers, and mechanics employed on public works projects no less than the general prevailing rate of wages as established by the Village. "Public Works," as defined by the Act, means all fixed works constructed by any public body or paid for wholly or in part out of public funds. Each year during the month of June, the Act requires the Village to investigate and ascertain the prevailing rate of wages. TRUSTEES' REPORTS (continued) Minutes of July 10, 2017 Board Meeting b. Trustee Travis said this ordinance adopts the prevailing wage rates established by the Illinois Department of Labor for Cook County, Illinois as the prevailing wage rates for public works projects in Morton Grove. These rates are determined by the Illinois Department of Labor and are posted at www.illinois.gov/idol. Upon passage of this ordinance, the Act further requires the Village to post these rates or make them available for inspection by any interested party; file a certified copy of the Ordinance with the Illinois Department of Labor; and post a public notice of these rates in a newspaper of general circulation within the Village. c. Trustee Travis noted Village staff has requested the Board waive the second reading of this Ordinance so submission could be made to the Illinois Department of Labor in a timely manner. Trustee Travis moved to waive the second reading of Ordinance 17-20, seconded by Trustee Minx. Motion passed: 6 ayes, 0 nays. Tr. Grear Tr. Thill gyt ?yL Tr. Minx Tr. Travis a� Tr. Ramos Tr. Witko Trustee Travis then moved to adopt Ordinance 17-20, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. gat kya Tr. Grear ave Tr. Minx gyp. Tr. Ramos Tr. Thill Tr. Travis kyt Tr. Witko ave Trustee Travis said the Community Relations Commission is sponsoring a community -wide 2. garage sale that will be held, rain or shine, on August 11, 12, and 13. Residents who want to be included in this community -wide event must register by August 2 on the Village's website or by coming to Village Hall. The Village will waive its garage sale permit fee and will also provide a map of all the households participating in the garage sale. You can register for all three days, or just one or two of the days. Maps will be posted online on August 7. 6 XIV. E. Trustee Travis: (continued) 3. Minutes of July 10, 2017 Board Meeting TRUSTEES' REPORTS (continued) Trustee Travis encouraged everyone to attend the Family Fest Peace Vigil on August 19 at the grassy area just north of the Morton Grove Civic Center. The peace vigil begins at 11:30 a.m. and will celebrate the beauty and diversity of Morton Grove. Face painting, chalk drawing, and a traveling peace mural will be on hand. She urged everyone to come and help lift up and spread hope for continued harmony in the Village, and beyond. 4. Trustee Travis said the Community Relations Commission's Summer Photo Contest has begun and will end on September 4. She encouraged people to post pictures they may have of the July 4 festivities, noting that up to five photos may be submitted to crc@mortongroveil.org. Pictures may also be dropped off at Village Hall. F. Trustee Witko: 1. Trustee Witko presented for a first reading Ordinance 17-21, Amending Title 5, "Motor Vehi- cles and Traffic," Chapter 1, Entitled "Traffic Administration and Enforcement," Section 4, Entitled "Experimental or Temporary Regulations" of the Village of Morton Grove Municipal Code. a. She explained that Ordinance will amend the Village's Code, Section 5-1-4, to allow experimental and/or temporary traffic regulations from up to 90 days to up to and not exceed 180 days. Trustee Witko said this is the first reading of this ordinance, and no action will be taken this evening. XV. OTHER BUSINESS NONE XVI. WARRANTS Trustee Travis presented the Warrant Register for July 10, 2017, in the amount of $541,284.20. She moved the Warrants be approved as presented. Trustee Thill seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. Grear Tr. Thill Tr. Minx Tr. Travis uft ?�L Tr. Ramos pya Tr. Witko �e 7 XVII. XVIII Minutes of July 10, 2017 Board Meeting RESIDENTS' COMMENTS Bonita LoGuidice appeared before the Board to ask if it was okay to raise pigeons on your own property in Morton Grove. Mr. Czerwinski said he would get back to her with a response and asked if she was inquiring about anything specifically. Ms. LoGuidice said she'd prefer not to say at this time. Mayor DiMaria urged Ms. LoGuidice to work with Mr. Czerwinski to get the issue resolved. ADJOURNMENT Trustee Minx moved to adjourn the meeting, seconded by Trustee Witko. Motion passed: 6 ayes, 0 nays. Tr. Grear Tr. ThiII atm Tr. Minx Tr. Travis The meeting adjourned at 7:21 p.m. PASSED this 24th day of July of 2017 Trustee Grear Trustee Minx Trustee Ramos Trustee Thill Trustee Travis Trustee Witko APPROVED by me this 24th day of July of 2017 Daniel P. DiMaria, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 25th day of July of 2017 Eileen Scanlon Harford, Village Clerk Village of Morton Grove, Cook County, Illinois ave Tr. Ramos Tr. Witko ave acre Minutes by: Teresa Cousar 8 Community & Economic Development Department MORTON GROVE Incredibly Close k Amazingly Open To: Village President and Board of Trustees From: Steve Blonz, Chairperson, Plan Commission Nancy Radzevich, AICP, Community and Economic Development irector Dominick A. Argumedo, AICP, Zoning Administrator/Land-Use Planner C1 Date: July 18, 2017 Re: Plan Commission Case PC17-13: Request for approval of a Preliminary/Final Plat of Vacation of a 2,249 -sq. ft. portion of the Capulina Avenue Right of Way, located immediately west of Narragansett Avenue and east of the Metra right of way, in accordance with Title 12, Chapter 9 of the Morton Grove Unified Development Code (Ordinance 07-07) Commission Report Public Notice The Village of Morton Grove provided Public Notice for the June 19, 2017 Plan Commission public hearing for PC 17-13 in accordance with the Unified Development Code. The Pioneer Press published the public notice on June 1, 2017, and the Village notified surrounding property owners via mail on June 2, 2011 and placed a public notice sign on the subject property on June 9, 2017. Overview of the Application The Village of Morton Grove is requesting approval of a Plat of Vacation for a 2,249 -sq. ft. portion of a public right of way located immediately west of Narragansett Avenue and east of the Metra right of way. The proposed portion of right of way to be vacated will be incorporated into the overall redevelopment plan for the municipally owned properties located south of Capulina and west of Ferris, which is collectively known as "Site B" in the Village of Morton Grove Lehigh Ferris Framework Plan, dated January 27, 2009 (Ord.09-01). Under the current proposed development plan from Lexington Homes through PC17-14, the proposed vacated right of way will be utilized to provide a much needed visitor parking lot for the proposed 36 -unit townhome Planned Unit Development. (PUD). June 19, 2017 Public Hearing Ms. Nancy Radzevich, Community and Economic Development Director, introduced the case and summarized the Plan Commission staff report dated June 15, 2017, which was entered, in its entirety, into the public record. (Attachment 1) Chairperson Blonz asked for questions from Commissioners. There were no questions from the Commissioners. Chairperson Blonz asked if there was anyone present that wanted to be heard. There was no response. Chairperson Blonz called for a motion to approve Case PC 17-13. Commissioner Dorgan moved to approve Case PC 16-07, an application for approval of a Plat of Vacation for a 2,249 -sq. ft. area of the Capulina Avenue Right of Way, located immediately west of Narragansett Avenue and east of the Metra Right of Way, in accordance with Section 12-9-5 of the Morton Grove Unified Development Code (Ordinance 07-07), with the following conditions: 1. The Plat shall be recorded in accordance with Section 12-9-5:B.5 of the Unified Development Code. Commissioner Gabriel seconded the motion. The motion passed unanimously (5-0, Khan and Gillespie Absent) 2 Community & Economic Development Department eN GRisLPc MORTOOVE Incredibly Close 4 Amazingly Open To: Chairperson Blonz and Members of the Pian Commission From: Nancy Radzevich, AICP, Community & Economic Development Director Dominick Argumedo, AICP, Zoning Administrator/Land-Use Planner Date: June 15, 2017 Re: PC 17-13— Application for approval of a Preliminary/Final Plat of Vacation of a 2,249 sq. ft. area of the Capulina Avenue Right of Way, located directly to the west of Narragansett Avenue and east of the Metra right of way, in accordance with Title 12, Chapter 9 of Ordinance 07-07 (Village of Morton Grove Unified Development Code) STAFF REPORT public Notice The Village of Morton Grove provided Public Notice for the June 19, 2017 Plan Commission public hearing for PC 17-13 in accordance with the Unified Development Code. The Pioneer Press published the public notice on June 1, 2017, and the Village notified surrounding property owners via mail on June 2, 2017 and placed a public notice sign on the subject property on June 9, 2017. Request Summary Property Background The Village of Morton Grove is requesting approval of a Preliminary/Final Plat of Vacation for a 2,249 sq. ft. portion of a public right of way located directly to the west of Narragansett Avenue and east of the Metra Right of Way along the train tracks. / \ `\,f t \` Right of Way Vacation Context Map (Vacation area in Red, "Site B" in Blue) I:� The proposed portion of right of way to be vacated will be incorporated into the overall redevelopment plan for the municipally owned properties located south of Capulina and west of Ferris and is shown on the above map, outlined in Blue, which is collectively known as "Site B" in the Village of Morton Grove Lehigh Ferris Framework Plan, dated January 27, 2009 (Ord.09- 01). The proposed area for vacation will provide additional land area needed to create much needed visitor parking lot for the proposed 36 -unit townhome Planned Unit Development proposed by Lexington homes, in PC 17-14. Adjacent Sites and Uses The properties that immediately abut the proposed vacated area include: vacant municipally owned property ("Site B') to the south, Metra right of way to the west, an existing multi -family residential development to the north, and the intersection of Narragansett and Capulina Avenues is directly to the east. Discussion Comprehensive Plan The Lehigh Ferris Framework Plan had proposed that "Site B" could be developed as higher density residential, based on its proximity to the Village's proposed future downtown along Lincoln and Lehigh Avenues and the train station. The vacation of this portion of the public right of way will allow for and better facilitate the redevelopment of "Site B" with a comprehensive redevelopment plan. In addition, the Village has no plans to utilize this property to extend Capulina Avenue. Prior to finalizing this Plat of Vacation, village staff will ensure compliance with all relevant Sections of 12-9-5 of the Unified Development Code. Recommendation Staff suggests the following motion for the Plan Commission: Plan Commission recommends approval of the Preliminary/Final Plat of Vacation for the 2,299 sq. ft portion of the Capulina Avenue public right of way located immediately west of Narragansett Avenue and east of the Metra right of way, subject to the following condition: 1. The Plat shall be approved and recorded in accordance with Section 12-9-5:B. of the Unified Development Code, Attachments: Application and related materials 2 Community & Economic Development Department it -z, i�S1 MORTON GROVE To: Village President and Board of Trustees From: Steven Blonz, Chairperson, Plan Commission Nancy Radzevich, AICP, Community and Economic Development Director. Dominick A. Argumedo, AICP, Zoning Administrator/Land-Use Planner ( 7 Date: July 14, 2017 Incredibly Close At Amazingly Open Re: Plan Commission Case PC17-14: Request for a Planned Unit Development (PUD) comprised of 36 attached dwellings (townhomes) in a total of 7 buildings on an approximately 2.0 acre parcel of land, per Title 12, Chapter 6 of Ordinance 07-07 (Village of Morton Grove Unified Development Code) with waivers to density and dimensional controls, as needed, and approval of Preliminary and Final Plats of Subdivision in accordance with Title 12, Chapter 8 of Ordinance 07-07 on a 2.0 acre parcel of land located at the southwest corner of Capulina and Ferris Avenues in Mouton Grove, IL Commission Report Public Notice The Village of Morton Grove provided Public Notice for the June 19, 2017 Plan Commission public hearing for PC 17-14 in accordance with the Unified Development Code. The Pioneer Press published the public notice on June 1, 2017, and the Village notified surrounding property owners via mail on June 2, 2017 and placed a public notice sign on the subject property on June 9, 2017. Property Background The 2.0 -acre subject property is located at the southwest corner of Capulina and Ferris Avenues and is a Village owned vacant parcel. The proposed development site includes a 2,249 sq. ft. portion of Village owned, unimproved right of way, located west of Narragansett Avenue and east of the Metra right of way, proposed for vacation through PC 17-13. The subject property, made up of multiple parcels, was purchased by the Village of Morton Grove over a period of about 4+/ - years, from 2005-2009, utilizing funds available in the Lehigh -Ferris Tax Increment Finance (TIF) District. The overall property is in the CR Commercial Residential District. Overview of the Application Lexington Homes ("Applicant') is seeking approval of a Planned Unit Development (PUD) consisting of 36 attached dwellings (townhomes) in a total of 7 buildings. The proposed townhome development is designed with three buildings consisting of five (5) attached townhomes, two buildings with four (4) attached townhomes, and one building each of six (6) and seven (7) attached townhomes. Each townhome is proposed to have a two (2) car garage and 2-1/2 floors of living space. The townhomes will range in size from 1,800 sq. ft. to 2,000 sq. ft. The units have been designed to include up to 3 -bedrooms, but the developer has allowed for some flexibility in the unit layout, based on market demand at time of construction/sale. In addition to the two garage parking spaces per unit, the overall development includes seventeen (17) on-site visitor parking spaces. In addition, six (6) on—street parking spaces will be provided on the south side of Capulina Avenue, immediately north of the proposed development, which will be open for use by all area residents and visitors, but will be time restricted to discourage all day parking by Metra riders. Lexington Homes designed the development to accommodate vehicular access to/from the site via Capulina Avenue. An internal private road provides access to the 36 units and to 9 of the visitor parking spaces, while the visitor parking lot at the northwest corner of the site is accessed directly from Capulina and Narragansett Avenues. The development includes sidewalks along the townhomes to facilitate pedestrian movements both within the development and to the surrounding neighborhood. The proposed development complies with all of the dimensional controls for attached dwellings except the maximum permitted density and maximum permitted lot coverage. Through the PUD/Special Use process, Applicant is seeking approval, through Section 12-5-7:E, that allows up to 18 units per acre in the CR District by special use and a waiver to the 65% maximum allowed lot coverage to allow for up to 80% lot coverage. In conjunction with the Special Use Permit for the Planned Unit Development, the Applicant is also seeking approval of an eight (8) lot subdivision in order to create seven (7) building lots around each of the individual townhome structures and an eighth lot, which would encompass all the common space for the development including driveways, detention areas, etc. According to the Applicant, the proposed subdivision is intended to allow for ease of sale of the thirty-six (36) townhomes as "fee simple ownership". According to the American Bar Association website, "...the most common form (of ownership) is fee simple. It's also the most complete, because, in theory, titles in fee simple are valid forever...People who own property in a fee simple form may sell it, rent it out, transfer it to their heirs, and to some extent limit its use in the future." Although the overall development complies with the setback requirements, the proposed creation of eight (8) individual lots necessitates some additional technical relief from the CR Commercial Residential land use regulations. June 19, 2017 Public Hearing Ms. Nancy Radzevich, Community and Economic Development Director, introduced the case and summarized the Plan Commission staff report dated June 15, 2017, which was entered, in its entirety, into the public record. (Attachment 1). Ms. Radzevich noted that the property historically included commercial/industrial uses and over time, the activities related to those businesses resulted in some environmental site issues. After purchasing these properties, the Village demolished the existing structures, and over the past several years, partially funded by Brownfield Remediation Fund Grants, the Village has had environmental consultants testing and evaluating the types and extent of the environmental contamination. She continued that Lexington Homes had originally filed for approval of a 34 unit townhome development in fall of 2016, however, that application was withdrawn due to the discovery of some additional site development challenges and unexpectedly high costs associated with the required utility relocation work. After additional discussions with the Village regarding the projected costs for development, staff suggested including two more units to help offset some of the additional development costs. Due to the limited availability of public street parking, staff also worked with the developer to identify opportunities to provide some much-needed visitor parking. Lexington Homes developed the current plan based on discussions with Village staff and these modifications to the plans have resulted in the need for additional approvals/waivers for density and lot coverage. 2 The Plan Commission Secretary swore in the Lexington Walk development team, including: William Rotolo, Vice President of Land Acquisitions, and John Agenlian, Director of Land Development, both with Lexington Homes; Lawrence Freedman, attorney with Ash, Anos, Freedman & Logan LLC; Todd Shaffer, Principal with Haeger Engineering; Karl Krogstad, President of Krogstad Land Design Limited; Luay Aboona Principal with Kenig, Lindgren, O'Hara, Aboona, Inc; Jon Nelson Principal with Jen Land LLC; and Jay Cox, Project Manager with BSB Design. Members provided an overview of the project pertaining to their specific discipline. Chairperson Blonz asked if there were any questions from the Commissioners. Commissioner Gabriel asked how the utilities would be added to each unit. Todd Shaffer, project engineer, noted that utilities would be added in a similar manner to the recently completed Lexington Station townhome; each unit would have separate water and utility feeds that will be buried. The gas, electric and phone service will be designed by the specific public utility companies. Chairperson Blonz asked for an explanation on how the project's drainage would be handled on site. Mr. Shaffer explained that drainage would be in a storm underground detention vault, which would be located in the site's courtyard. All of the onsite storm sewers are designed for 100 year storms and storm water discharge will go directly into a storm sewer that goes west to the river. Commissioner Shimanski asked about snow removal on the site. Mr. Cox said the homeowners association will set the rules and if necessary, the Association will haul off the snow. Mr. Cox stated that it would not be put in the parking spaces. Commissioner Gabriel asked if the trash and fire trucks had adequate room to access the site. Mr. Cox stated that the team completed an analysis of truck turning radii to show that such vehicles could adequately maneuver within the site. Chairperson Blonz inquired about the proposed retention wall along the railroad tracks. Mr. Shaffer explained the wall design will be dictated by the design of the footings for the fence along the rear property line. The privacy fence will be designed for a high wind load and the final engineering has not been completed as yet. Chairperson Blonz asked about the lighting plan specifically at the perimeter of the property. Ms. Radzevich stated that the final plan will need to meet Village Code requirements and be finalized closer to and before a final building is issued. Ms. Radzevich noted that proposed lighting should be as dose to zero as possible with exception of the main entrance and submittal and approval of such a final lighting plan could be added as a condition of approval at the time of approval and issuance of building permits. Mr. Nelson clarified that there is a light pole on the northwest corner to light the roadway and the intersection at Capulina and Ferris and the light associated from that light pole would also require a spill over, across the property line and onto the public right of way. Commissioner Farkas asked about the contamination and if staff knows how it happened. Ms. Radzevich replied there was a history of commercial and manufacturing uses on this site and over time various chemicals and materials were dumped in this area. The area at the northwest corner of the site has the highest concentration of contamination. Chairperson Blonz asked if there was anyone present that wanted to be heard. 3 Mr. Steve Gubin, 8630 Ferris, stated that he opposed the development and feels there will be a great impact on area traffic particularly with the new three -unit townhome development at the northeast corner of Capulina and Ferris and the new Morretti's Restaurant, along with a newly reopened Burt's Place restaurant, down the street. He stated he felt there are already traffic and parking problems in the area. He further noted that the closest street with no special parking permits is 4 blocks away. Mr. Gubin requested if the plan commission recommends to approve this case, that it restrict the development to 32 units that is permitted by code, or reduce the units further in consideration of the current residents that live in the area and will be affected by parking problems. Mr. William McFadden, 8634 Narragansett, asked why are there so many waivers being requested. Mr. Steve Helfrich, 8638 Narragansett, concurred with Mr. Grubin and stated this area is too dense and there is not enough parking. Mr. Freedman responded to the residents comments. He noted that the additional approvals and waivers requested are related to added expense associatd with the redevelopment of this site. The additional units were added to help offset some of the added development costs. The Village's code allows 18 units per acre per special use, which the proposal does not exceed. He further noted that the waiver for lot coverage is related to the extra visitor parking. While the initial plan included enough parking to meet the basic code requirements, the additional visitor parking area is being provided at the request of the Village. He also spoke regarding the requested waivers as a result of the proposed subdivision. In order to achieve the fee simple concept, to facilitate the sale of units, lots are being created that subsequently need setback waivers but do not change the overall concept or development plan for the entire development. Mr. Cox also addressed the concern about the project density. He noted that the CR zone was established to create high density multifamily residents in this area and that this site was originally earmarked for even more density than what is being proposed, in the Lehigh/Ferris Area Plan. Commissioner Shimanski asked if there are any waivers for parking regulations. Ms. Radzevich stated there are no requests for parking waivers as the on-site parking exceed the minimum requirements in the Villages regulations. Commissioner Farkas moved to approve Case PC 17-14, request for approval of a Planned Unit Development (PUD) comprised of 36 attached dwellings (townhomes) in a total of 7 buildings on an approximately 2.0 acre parcel of land, per Title 12, Chapter 6 of Ordinance 07-07 (Village of Morton Grove Unified Development Code) with waivers to density and dimensional controls, as needed, and approval of Preliminary and Final Plats of Subdivision in accordance with Title 12, Chapter 8 of Ordinance 07-07 on a 2.0 acre parcel of land located at the southwest corner of Capulina and Ferris Avenues in Morton Grove, IL with the conditions presented in the staff report as well as additional conditions that the snow be cleared from the roadways and parking spaces, within a reasonable timeframe, and the final lighting plan be designed in accordance with the ordinance requirement, except that the light may exceed the ordinance requirement at the NE corner of the site to allow for the installation of lighting for the adjacent intersection. Commissioner Gabriel seconded the motion. The motion passed unanimously 5-0 (Gillespie and Khan absent). 4 Community & Economic Development Department MORTON /GROVE Incredibly Close u Amazingly Open To: Chairperson Blonz and Members of the Plan Commission From: Nancy Radzevich, AICP, Community and Economic Development Director Dominick A. Argumedo, AICP, Zoning Administrator/Land-Use Planner Date: June 15, 2017 Re: Plan Commission Case PC 17-14: Lexington Homes, request for a Planned Unit Development (PUD) comprised of 36 attached dwellings (townhomes) in a total of 7 buildings on an approximately 2.0 acre parcel of land, per Title 12, Chapter 6 of Ordinance 07-07 (Village of Morton Grove Unified Development Code) with waivers to density and dimensional controls, as needed, and approval of Preliminary and Final Plats of Subdivision in accordance with Title 12, Chapter 8 of Ordinance 07-07 on a 2.0 acre parcel of land located at the southwest corner of Capulina and Ferris Avenues in Morton Grove, IL STAFF REPORT Public Notice The Village provided public notice of PC 17-14 for the June 19, 2017 Plan Commission public hearing in accordance with the Unified Development Code. The Pioneer Press published the public notice on June 1, 2017, and the Village mailed letters notifying surrounding property owners on June 2, 2017 and a public notice sign was placed on the subject property on June 9, 2017. Background The Subject Property The 2.0 acre subject property is located at the southwest corner of Capulina and Ferris Avenues and is a Village owned vacant parcel. The proposed development site includes a 2,249 sq. ft. portion of Village owned, unimproved right of way, located west of Narragansett Avenue and east of the Metra right of way, proposed for vacation through PC 17-13. The subject property, made up of multiple parcels, was purchased by the Village of Morton Grove over a period of about 4+/- years, from 2005-2009, utilizing funds available in the Lehigh -Ferris Tax Increment Finance (TIF) District. The property historically included commercial/industrial uses and over time the activities related to those businesses resulted in some environmental site issues. After purchasing these properties, the Village demolished the existing structures, and over the past several years, partially funded by Brownfield Remediation Fund Grants, the Village has had environmental consultants testing and evaluating the types and extent of the environmental contamination. In the spring of 2015, the Village's consultants completed the Comprehensive Site Investigation Report (CSIR) and Remediation Objectives Report (ROP) and filed that combined document for approval with the Illinois Environmental Protection Agency (IEPA). After responding to requests for clarifications and supplemental information, the IEPA approved the amended CSIR and ROP in late 2015. Concurrent with all of the environmental investigation work, Village staff had been actively soliciting developers for this site for the past several years. Although some developers had expressed varying levels of interest, it wasn't until after the IEPA approved the CSIR and ROP, that the developers could provide more complete proposals and the Village could complete their evaluation of and move forward with a development proposal for this site. Staff notes that Lexington Homes had originally filed for approval of a 34 unit townhome development in fall of 2016, however, that application was withdrawn due to the discovery of some additional site development challenges and unexpectedly high costs associated with the required utility relocation work. After additional discussions with Village staff regarding the projected costs for development, Village staff suggested including two more units to help offset some of the additional development costs. Further, due to the limited availability of public street parking, staff also worked with the developer to identify opportunities to provide much needed visitor parking. The current plan was developed by Lexington Homes based on discussions with Village staff. The Surrounding Area The overall subject property is zoned CR Commercial Residential District. The properties to the north, across Capulina, are improved with an 65 -unit townhome development and a five -story mufti -family residential structure, the properties to east primarily include single and some scattered two family residences, and the properties to the south are improved with one single family residence and a 5 -story multi -family residential structure. A new three (3) unit townhome development is currently under construction to the northeast, diagonally across the intersection of Capulina and Ferris Avenues. The site is abutted to the west by railroad tracks and associated right-of-way. (See Context Map below and Zoning Map on Page 18). CAPULINA FERRIS AVENUE CONTEXT MAP 2 Overview of the Application Townhome Development Lexington Homes ("Applicant") is seeking approval of a Planned Unit Development (PUD) consisting of 36 attached dwellings (townhomes) in a total of 7 buildings. The proposed townhome development is designed with three buildings consisting of five (5) attached townhomes, two buildings with four (4) attached townhomes, and one building each of six (6) and seven (7) attached townhomes Each townhome is proposed to have a two (2) car garage and 2-1/2 floors of living space. The townhomes will range in size from 1,800 sq. ft. to 2,000 sq. ft. The units have been designed to include up to 3 -bedrooms, but the developer has allowed for some flexibility in the unit layout, based on market demand at time of construction/sale. Each townhome will have two garage parking spaces and the overall development includes seventeen (17) on-site visitor parking spaces. In addition, the developer will add six (6) on— street parking spaces on the south side of Capulina Avenue, immediately north of the proposed development, which will be open for use by all area residents and visitors, but will be time restricted to discourage all day parking by Metra riders. In their submitted Preliminary Stormwater Management Report, dated May 31, 2017, the Applicant states that the proposal will comply with Village stormwater detention requirements and that the development will comply with Metropolitan Water Reclamation District Watershed Management requirements for volume control. '�. it I i■ PI qv' 3 Site Access/Circulation The development has been designed to accommodate vehicular access to/from the site via Capulina Avenue. An internal private road provides access to the 36 units and to 9 of the visitor parking spaces, while the visitor parking lot at the northwest corner of the site is accessed directly from Capulina and Narragansett Avenues. The development includes sidewalks along the townhomes to facilitate pedestrian movements both within the development and to the surrounding neighborhood. Subdivision In conjunction with the Special Use Permit for the Planned Unit Development, the Applicant is also seeking approval of an eight (8) lot subdivision in order to create seven (7) building lots around each of the individual townhome structures and an eighth lot, which would encompass all the common space for the development including driveways, detention areas, etc. According to the Applicant, the proposed subdivision is intended to allow for ease of sale of the thirty six (36) townhomes as "fee simple ownership," while remaining in compliance with the Plat Act of the Illinois Compiled Statutes (76 ILCS 204, sec. 1(a)). According to the American Bar Association website, "...the most common form (of ownership) is fee simple. It's also the most complete, because, in theory, titles in fee simple are valid forever...People who own property in a fee simple form may sell it, rent it out, transfer it to their heirs, and to some extent limit its use in the future." Zoning Analvs's/Variations Requested The following table provides a comparison of the proposed development against the relevant dimensional controls: DIMENSION AL CONTROL ORDINANCE REQUIREMENT PROPOSED COMMENT Lot Size for PUD Eligibility 1 acre minimum (Sec. 12-6-3:D.4) Site is 2.0 acres Compliant Front Yard 15 ft. (Sec. 12-5-7:C) 15 ft. Capulina Avenue 15 ft. Ferris Avenue Compliant Compliant Side Yard 5 ft. (Sec. 12-5-7:C) 10 ft. from South property line Compliant Rear Yard 5 ft. (Sec. 12-5-7:C) 10 ft. Compliant Compliant Building Height 40 ft. (Sec. 12-4-3:E) 33.5 ft. Compliant Maximum Permitted Density 16 units per acre (Sec. 12-5-7:C) 18 units per acre Waiver to a//ow for 4 additional dwelling units Maximum Lot Coverage 65% maximum (Sec. 12-5-7:C) 80% 15% waiver required 4 As shown in the table above, the proposed development complies with all of the dimensional controls for attached dwellings except the maximum permitted density and maximum permitted lot coverage. The Applicant is seeking approval of the following waivers as part of the special use for the Planned Unit Development: • Section 12-5-7:C.: A waiver of 2 units per acre to the maximum 16 acres per acre requirement (Section 12-5-7:C) to allow for a total of 36 units; and • Section 12 -S -7:C.: A wavier of 15% to the 65% maximum allowed lot coverage to allow for up to 80% lot coverage As previously noted, the proposed increase in density is a direct result of some extraordinary development costs associated with this site and the suggestion by Village staff to add two units to help offset some of those costs. Further, the request to exceed the maximum permitted lot coverage is directly related to both the increased number of units as well as the Village's request for the developer to maximize the number of on-site visitor parking spaces. Subdivided Lots Although the overall development complies with the setback requirements, the proposed creation of eight (8) individual lots necessitates some additional technical relief from the CR Commercial Residential land use regulations (Section 12-5-7:C). While the nature of the individual waiver relief per subdivided lot may seem high, it is important to take into consideration that the overall development plan only includes two waivers to the dimensional controls, as noted above. As previously noted, Section 12-6-3:E of the Unified Development Code allows the Plan Commission to recommend and the Village Board of Trustees to approve modifications to and exceptions from regulations governing setback, height, off street parking and loading, lighting, signage, and subdivision design standards, density and floor area ratio. The submitted preliminary and final plats of subdivision meet all Section 12-8 Unified Development Code requirements except Section 12-8-4:B.3., which requires that all lots abut on a publicly dedicated street. Lots 5, 6, and 7 will only abut the internal road, which will be a private street, and as such, the Applicant requests a waiver from Section 12-8-4.B.3 for those three lots. Proposed Subdivided Lots 5 Lot Size No. of Units / Lot Lot 1 0.13893 acre 5 Lot 2 0.13893 acre 5 Lot 3 0.16415 acre 6 Lot 4 0.13907 acre 5 Lot 5 0.18525 acre 7 Lot 6 0.11242 acre 4 Lot 7 0.11242 acre 4 Lot 8 1.01165 acre 0 Total 2.00283 acres 36 5 ZONING OVERVIEW- LOT 1 (Five Unit Attached Townhome Buildin DIMENSIONAL CONTROL PROPOSED REQUIRED/ PERMITTED WAIVER/SPECIAL USE/ PUD REQUEST FOR LOT 1 OVERALL PROPOSED LEXINGTON WALK DEVELOPMENT Minimum Lot Width 120 ft. 60 ft. (Sec: 12- 5-7-C N/A -compliant 270 ft. Front Yard Setback 3 ft. 15 ft. (Sec; 12- 5-7-C) Waiver of 12 ft. 15 ft. Capulina 15 ft. Ferris Side (west) 3 ft. 5 ft. (Sec: 12-5- 7-C) Waiver of 2 ft. 10 ft. (south) Side (east) 5.68 ft. 5 ft. N/A- compliant NA Rear 0 ft. 5 ft. (Sec: 12-5- 7-C) Waiver of 5 ft. 10 ft. Maximum Building Height 33.5 ft. 40 ft. (Sec: 12- 5-7-C) N/A -compliant 33.5 ft. Lot Coverage 90% Up to 65% (Sec: 12-5-7-C) Waiver of 25% 80%, waiver of 15% requested ZONING OVERVIEW- LOT 2 (Five Unit Attached Townhome Buildin DIMENSIONAL CONTROL PROPOSED REQUIRED/ PERMITTED WAIVER/SPECIAL USE/ PUD REQUEST FOR LOT 2 OVERALL PROPOSED LEXINGTON WALK DEVELOPMENT Minimum Lot Width 120 ft. 60 ft. (Sec: 12- 5-7-C N/A -compliant 270 ft. Front Yard Setback 3 ft. 15 ft. (Sec; 12- 5-7-C) Waiver of 12 ft. 15 ft. Capulina 15 ft. Ferris Side (west) 5.68 ft. 5 ft. (Sec: 12-5- 7-C) N/A -compliant 10 ft. (south) Side (east) 3 ft. 5 ft. (Sec: 12-5- 7-C) Waiver of 2 ft. NA Rear 0 ft. 5 ft. (Sec: 12-5- 7-C) Waiver of 5 ft. 10 ft. Maximum Building Height 33.5 ft. 40 ft. (Sec: 12- 5-7-C) N/A -compliant 33.5 ft. Lot Coverage 900/0 Up to 65% (Sec: 12-5-7-C) Waiver of 25% 80%, waiver of 15% requested 6 ZONING OVERVIEW- LOT 3 (Six. Unit Attached Townhome Building) DIMENSIONAL CONTROL PROPOSED REQUIRED/ PERMITTED WAIVER/SPECIAL USE/ PUD REQUEST FOR LOT 3 OVERALL PROPOSED LEXINGTON WALK DEVELOPMENT Minimum Lot Width 141.13 ft. 60 ft. (Sec: 12- 5-7-C N/A -compliant 270 ft. Front Yard Setback 3 ft. 15 ft.(Sec; 12-5- 7-C) Waiver of 12 ft. 15 ft. Capulina 15 ft. Ferris Side (North) 3 ft. 5 ft. (Sec: 12-5- 7-C) Waiver of 2 ft. 10 ft. (south) Side (South) 5.75 ft. 5 ft. (Sec: 12-5- 7-C) N/A Compliant NA Rear 0 ft. 5 ft. (Sec: 12-5- 7-C) Waiver of 5 ft. 10 ft. Maximum Building Height 33.5 ft. 40 ft. (Sec: 12- 5-7-C) N/A -compliant 33.5 ft. Lot Coverage 900/0 Up to 65% (Sec: 12-5-7-C) Waiver of 25% 80%, waiver of 15% requested ZONING OVERVIEW- LOT 4 (Five Unit Attached Townhome Building) DIMENSIONAL CONTROL PROPOSED REQUIRED/ PERMITTED WAIVER/SPECIAL USE/ PUD REQUEST FOR LOT 4 OVERALL PROPOSED LEXINGTON WALK PROPOSAL Minimum Lot Width 119.99 ft. 60 ft. (Sec: 12-5- 7-C N/A -compliant 270 ft. Front Yard Setback 3 ft. 15 ft. (Sec; 12-5- 7-C) Waiver of 12 ft. 15 ft. Capulina 15 ft. Ferris Side (North) 5.75 ft. 5 ft. (Sec: 12-5- 7-C) N/A -compliant 10 ft. (south) Side (South) 3 ft. 5 ft. (Sec: 12-5- 7-C) Waiver of 2 ft. NA Rear 0 ft. 5 ft. (Sec: 12-5- 7-C) Waiver of 5 ft. 10 ft. Maximum Building Height 33.5 ft. 40 ft. (Sec: 12-5- 7-C) N/A -compliant 33.5 ft. Lot Coverage 90% Up to 65% (Sec: 12-5-7-C) Waiver of 25% 80%, waiver of 15% requested 7 ZONING OVERVIEW- LOT 5 (Seven Unit Attached Townhome Buildin DIMENSIONAL CONTROL PROPOSED REQUIRED/ PERMITTED WAIVER/SPECIAL USE/ PUD APPROVAL FOR LOT 5 OVERALL PROPOSED LEXINGTON WALK PROPOSAL Minimum Lot Width 160 ft. 60 ft. (Sec: 12-5- 7-C N/A -compliant 270 ft. Front Yard Setback 3 ft. 15 ft. (Sec; 12-5- 7-C) Waiver of 12 ft. 15 ft. Capulina 15 ft. Ferris Side (North) 3 ft. 5 ft. (Sec: 12-5- 7-C) Waiver of 2 ft. 10 ft. (south) Side (South) 3 ft. 5 ft. (Sec: 12-5- 7-C) Waiver of 2 ft. NA Rear 0 ft. 5 ft. (Sec: 12-5- 7-C) Waiver of 5 ft. 10 ft. Maximum Building Height 33.5 ft. 40 ft. (Sec: 12-5- 7-C) N/A -compliant 33.5 ft. Lot Coverage 87.58% Up to 65% (Sec: 12-5-7-C) Waiver of 22.58% 80%, waiver of 15% requested Z ONING OVERVIEW- LOT 6 (Four Unit Attached Townhome Building) DIMENSIONAL CONTROL PROPOSED REQUIRED/ PERMITTED WAIVER/SPECIAL USE/ PUD APPROVAL FOR LOT 6 OVERALL PROPOSED LEXINGTON WALK DEVELOPMENT Minimum Lot Width 97.10 ft. 60 ft. (Sec: 12- 5-7-C N/A -compliant 270 ft. Front Yard Setback 3 ft. 15 ft. (Sec; 12- 5-7-C) Waiver of 12 ft. 15 ft. Capulina 15 ft. Ferris Side (East) 4 ft. 5 ft. (Sec: 12-5- 7-C) Waiver of 1 ft. 10 ft. (south) Side (West) 3 ft. 5 ft. (Sec: 12-5- 7-C) Waiver of 2 ft. NA Rear 0 ft. 5 ft. (Sec: 12-5- 7-C) Waiver of 5 ft. 10 ft. Maximum Building Height 34.08 ft. 40 ft. (Sec: 12- 5-7-C) N/A -compliant 33.5 ft. Lot Coverage 83.77% Up to 65% (Sec: 12-5-7-C) Waiver of 18.77% 80%, waiver of 15% requested 8 ZONING OVERVIEW- LOT 7 (Four Unit Attached Townhome Buildin DIMENSIONAL CONTROL PROPOSED REQUIRED/ PERMITTED WAIVER/SPECIAL USE/ PUD APPROVAL FOR LOT 6 OVERALL PROPOSED LEXINGTON WALK DEVELOPMENT Minimum Lot Width 97.10 ft. 60 ft. (Sec: 12- 5-7-C N/A -compliant 270 ft. Front Yard Setback 2 ft. 15 ft. (Sec; 12- 5-7-C) Waiver of 12 ft. 15 ft. Capulina 15 ft. Ferris Side (East) 4 ft. 5 ft. (Sec: 12-5- 7-C) Waiver of 1 ft. 10 ft. (south) Side (West) 3 ft. 5 ft. (Sec: 12-5- 7-C) Waiver of 2 ft. NA Rear 0 ft. 5 ft. (Sec: 12-5- 7-C) Waiver of 5 ft. 10 ft. Maximum Building Height 34.08 ft. 40 ft. (Sec: 12- 5-7-C) N/A -compliant 33.5 ft. Lot Coverage 84.55% Up to 65% (Sec: 12-5-7-C) Waiver of 19.45% 80%, waiver of 15% requested ZONING OVERVIEW- LOT 8 (No Buildings Common Space DIMENSIONAL CONTROL PROPOSED REQUIRED/ PERMITTED WAIVER/SPECIAL USE/ PUD APPROVAL FOR LOT 6 OVERALL PROPOSED LEXINGTON WALK DEVELOPMENT Minimum Lot Width 60 ft. (Sec: 12- 5-7-C N/A -compliant 270 ft. Front Yard Setback N/A 15 ft. (Sec; 12- 5-7-C) N/A -compliant 15 ft. Capulina 15 ft. Ferris Side (East) N/A 5 ft. (Sec: 12-5- 7-C) N/A -compliant 10 ft. (south) Side (West) N/A 5 ft. (Sec: 12-5- 7-C) N/A -compliant NA Rear N/A 5 ft. (Sec: 12-5- 7-C) N/A -compliant 10 ft. Maximum Building Height N/A 40 ft. (Sec: 12- 5-7-C) N/A -compliant 33.5 ft. Lot Coverage 70% Up to 65% (Sec: 12-5-7-C) Waiver of 5% 80%, waiver of 15% requested The proposed Lot 8 would include all the common land for the development, which is not included in the individual building lots 1-7. 9 Traffic and Parking Analysis The following is a comparison of the proposed parking spaces and layout against the parking requirements in Sections 12-7-3.: Parkins Requirements PARKING SPACE STANDARD ORDINANCE REQUIREMENT PROPOSED COMMENT Spaces Required- Residential 2 spaces/unit for attached dwellings- townhomes; 36 units X 2 = 72 required spaces (Section 12-7-3:I) 89 parking spaces or 2.47 spaces per unit proposed (72 garage + 17 on-site surface parking spaces) Compliant Stall Width (Visitor Parking) 9 ft. (Section 12-7-3) 9 ft. Compliant Stall Depth (Visitor Parking) 18 ft. (Section 12-7-3) 18 ft. Compliant Aisle: Visitor Parking 24 ft. (Section 12-7-3) 24 ft. Compliant All the proposed parking spaces and driveways meet the dimensional standards per Section 12- 7-3. Further, the number of spaces provided exceeds the base level requirement, per the ordinance, for the 36 -unit development. Traffic Impact In accordance with ordinance requirements for a PUD/Special Use Permit application (Section 12-7-3:B), the Applicant hired Kenig, Lindgren, O'hara, Aboona, Inc. (KLOA) to complete a traffic and parking study for the proposed development ("Summary Traffic and Parking Evaluation Proposed Townhome Development" dated June 12, 2017). In order to evaluate the impact of the proposed 36 -unit development on the area roadway system, KLOA analyzed the existing traffic counts and then quantified the number of trips the proposed development would generate. KLOA conducted traffic counts during peak hour periods on Tuesday June 6, 2017 during the morning (7:00 AM to 9:OOAM) and evening (4:00 PM to 6:00 PM). To determine the number of trips the development would generate, KLOA used data published in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 9th Edition. In addition, KLOA added adjustments to account for projected increased traffic associated with developments currently under construction in the area including Moretti's at 6415 Dempster and the three townhomes at the northeast corner of Ferris and Capulina Avenues. KLOA applied ITE trip generation rates for the types of developments to further analyze future traffic generation. KLOA concluded, based upon the data gathered and industry standards, that the amount of vehicle trips generated by the proposed 36 townhome unit PUD will have a low impact on the surrounding roadway system, even with the incremental increased traffic that may be generated by the other area developments. Parking Analysis Per Section 12-7-3:B of the Unified Development Code, for special uses, the proposed parking standards identified in subsection I, 'Required Spaces By Use', of this section, shall be advisory only. The number of required parking spaces for each special use is set by the village board 10 based on the submitted, independent traffic and parking study and any traffic and parking recommendation or study prepared by the village staff or village consultants or any pertinent village commission and the recommendation of the plan commission. The proposed plan includes a total of 89 parking spaces for the 36 -unit development of which 72 are garage parking spaces (2 spaces/unit) and 17 are surface parking spaces. The parking ratio for the development is 2.47 spaces/unit. In order to analyze the anticipated parking demand for the 36 townhome development, KLOA first used the Institute of Transportation Engineers (ITE) 4th Edition of the Parking Generation Manual which projected a peak parking demand of 54 vehicles. KLOA then reviewed the projected parking based on the Shared Parking, 2nd Edition published by Urban Land Institute as detailed below. Parking Demand Analysis (KLOA Use Projected Parking Demand (Shared Parking, 2nd Edition published by Urban Land Institute) Calculated Parking Demand Parking Provided 36 Townhome Units ULI forecast for Townhome Development: 1.7 parking spaces per unit, 0.1 unit per guest 66 total spaces; 61 resident spaces + 5 visitor spaces 89 total spaces; 72 resident (garage) spaces +17 visitor spaces As described in the traffic/parking study and as summarized above, based on industry standards, KLOA concludes that the 89 parking spaces provided are adequate for the parking demand of the proposed 36 -unit townhome development. Commission Review Appearance Commission The Applicant made a presentation on the proposed elevations and preliminary landscaping to the Appearance Commission on August 1, 2016 for their previous submittal and the Commission voted unanimously to grant an Appearance Certificate for the development. The design of the facade and landscaping for the current application are substantially the same and, as such, that Appearance Certificate approval is carried forward for this application. Traffic Safety Commission In accordance with Section 12-16-4 of the Unified Development Code, the Applicant appeared before the Traffic Safety Commission (TSC) at their June 1, 2017 meeting. The Commission supported the projects in accordance with staff recommendations, but also suggested that the parking on the northwest corner of the site include signage to ensure that it is not used by Metra passengers. At the conclusion of the presentation/discussion, the TSC voted unanimously to recommend approval of this project, with conditions. (See attached TSC Staff Report, dated June 1, 2017.) Departmental Reviews Staff received, as part of the Departmental Comments, comments from the Village Engineer on the traffic study, dated June 5, 2017. None of the five comments suggest a need/condition to change the design or layout pertaining to traffic and parking. The comments pertain to 11 providing information of future public parking on Capulina Avenue and layout of information provided within the traffic study report which the Applicant has addressed. Staff has incorporated these TSC conditions and latest review comments from the Village Engineer (dated June 5, 2017) into the suggested conditions for approval. In addition to the Village Engineer's comments, the Fire Department provided comments in a memo dated (June 9, 2017), noting that all units shall be fully protected by an automatic fire sprinkler system. The Fire Department staff also verbally noted that the Fire Department may need to review the location of proposed plantings as part of the final landscape review to ensure the proposed trees do not impede access/sight lines through the site. Discussion Standards for Special Use In accordance with Section 12-16-4, the following Standards for Planned Unit Developments are provided to assist the Commission's consideration of this request. The Applicant provided answers to the following standards in their application, which are summarized below. In addition, staff provided additional comments on relevant standards. ➢ The planned unit development shall be consistent with the general policies of the village as may be expressed in the comprehensive p/an. — The Applicant states the plan is consistent with the recommendations of the Lehigh/Ferris Subarea Plan for this site, particularly with rear accessed townhomes. Further, staff notes that this development will help to restore a long vacant and environmentally contaminated site back to a functional use that is complementary to the other uses in this area. ➢ The planned unit development should be so located, designed, operated and maintained in a manner that will not only protect, but promote the public health, safety, and welfare of the village. The Applicant states that the proposal will protect and promote the public health, safety, and welfare of the Village. The Applicant notes that the project serves the overall welfare of the Village by transforming the site from obsolete industrial use, and cleaning up the site, to residential use which will support development near the train station. ➢ The proposed planned unit development will not be injurious to the use and enjoyment of adjoining property and that the exceptions to the underlying district regulations are for the purpose of promoting development which is beneficial to the residents or occupants of the surrounding properties with and adjoining the proposed development. The Applicant states that the proposed development is consistent with the goal of the Lehigh/Ferris Subarea plan to redevelop the site with higher density residential and creating a walkable, pedestrian friendly streetscape. In addition, by providing 17 on-site visitor parking spaces and 6 new street parking spaces along Capulina in addition to the standard 2 parking spaces per unit, the Applicant is addressing the general resident concerns about the limited availability of street parking for the area. ➢ Principal vehicular access to the planned unit development shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular and pedestrian traffic. Adequate provision should be made to provide ingress and egress in a manner that minimizes traffic congestion in the public streets. The Applicant notes that vehicle access is provided from Capulina Avenue as recommended in the Lehigh/Ferris Subarea Plan. In addition, the garages are designed for internal rear access 12 from within the units that minimizes vehicular and pedestrian conflicts within the development. ➢ The planned unit development shall be so designed that adequate utilities, road access, drainage, and other necessary facilities will be provided to serve it, and not negatively impact the existing public infrastructure. Surface water in all paved access areas shall be collected in a manner that will not obstruct the flow of vehicular and pedestrian traffic. The Applicant states that the proposed PUD has been designed to adequately provide utilities, road access, drainage and other necessary facilities so as to not negatively impact the existing public infrastructure. In addition, the Village's Fire Department has reviewed the project and notes that sufficient turning radius has been provided in the design of the internal roads. > Adequate fencing, screening, and landscaping shall be provided to protect the enjoyment of surrounding properties, or provide for public safety, or to screen parking areas or other visually incompatible uses. The existing landscape should be preserved in its natural state, to the extent as practicable, minimizing tree and soil removal, and any grade changes shall be in keeping with the general appearance of the neighboring developed area. The Applicant states that adequate fencing, screening and landscaping will be provided to protect the enjoyment of surrounding properties. Residential units along Capulina and Ferris Avenues are designed to front each street to provide visual integration into the surrounding residential properties. The Applicant's landscape plan calls for a variety of shade, ornamental and evergreen trees, shrubs and perennials, groundcover and ornamental grasses to accentuate the development. No trees are proposed for removal as the site is currently vacant. ➢ The planned unit development shall be laid out and developed as a unit in accordance with an integrated overall design. This design shall provide for safe, efficient, convenient and harmonious groupings of structures, uses, and facilities, including common open space and storm water detention areas, and for appropriate relationship of space between buildings and site. Any common open space shall be integrated into the design in a manner which has a direct or visual relationship to the main building(s) and not be of an isolated or leftover character. The Applicant states that the PUD has been designed to create a safe, efficient, convenient and harmonious grouping of buildings and circulation that provides the appropriate setbacks and building orientation both to the surrounding neighborhood and within the internal space. > The design of all buildings, structures, and facilities on the site of the planned unit development shall be subject to the approval of the appearance review commission, and shall be of quality as good, if not better, than the surrounding neighborhood. Higher or denser buildings shall be located in such a way as to dissipate any adverse impact on adjoining lower bui/dings within the development or on surrounding properties. The Appearance Commission granted a request for an appearance certificate at their August 1, 2016 meeting. The townhomes would be dad with a brick veneer front facade with stone highlighted features, with brick and siding on the side and rear facades with a shingled roof. > All planned unit developments shall encourage designs that emphasize accessibility, open views and connections to the larger community as a whole, discouraging new development which may divide neighborhoods and restrict access to adjacent property. In 13 order to achieve this objective, the design of lots, streets, sidewalks, and access ways within the planned unit development, the continuation of such existing or proposed features to adjoining areas shall be encouraged. When a proposed planned unit development adjoins land susceptible of being subdivided, resubdivided, or redeveloped, new streets, sidewalks, and access ways may be carried to the boundaries of the proposed planned unit development. The Applicant states that the 36 townhome unit site plan has been designed to provide aspects consistent with the Lehigh/Ferris Subarea Plan Guidelines such as orientation, pedestrian and vehicular circulation and perimeter setbacks. Further, after discussions with staff, the Applicant upgraded their designs to increase the amount of brick along front and side facades to better reflect and enhance the character of the area. Recommendation After review of the application, staff report, and 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. Should the Commission recommend approval of this application, staff suggests the following motion and conditions: Plan Commission recommends approval of a 36 unit townhome planned unit development (PUD) in accordance with Section 12-6 of the Morton Grove Unified Development Code (Ordinance 07-07) at the southwest corner of Ferris and Capulina Avenues with a density of 18 units per acre and allowed maximum lot coverage of up to 80%, and approval of preliminary and final plats of subdivision, with waivers to dimensional controls for individual lots and to the requirement that the lots must abut a public street, subject to the following conditions: 1. The site and building shall be developed and operated consistent with the plans and supporting documents in the application, amended, as necessary, to comply with conditions from the Traffic Safety Commission, Plan Commission and/or tillage staff, identified in this report and/or presented at the Public Hearing, including: A. Site Plan, submitted by Haeger Engineering, dated 05/29/2017; B. Fire Truck Turning Exhibit, submitted by Haeger Engineering, dated 5/24/2017; C. Lexington Walk Final Plat of Subdivision, submitted by Haeger Engineering, dated 5/25/2017 D. Lexington Walk Preliminary Engineering Plans submitted by Haeger Engineering, dated 5/24/2017 E. Sales Trailer Exhibit, submitted by Haeger Engineering, dated 5/24/2017 F. Off-site Sign Exhibit, submitted by Haeger Engineering, dated 5/24/2017 G. Preliminary Landscape Plan, submitted by Krogstad Land Design Limited, dated 5/26/2017 H. Summary of Traffic and Parking Evaluation, submitted by KLOA Inc., dated 06/12/2017 I. Photometric Plan, submitted by legacy Design Inc., dated 05/26/2017 J. Colored Elevations and Floor Plans, submitted by BSB, dated 05/30/2017 K. Preliminary Stormwater Management Report, submitted by Haeger Engineering , dated 05/31/2017 L. Colored Site Plan, submitted by Krogstad Land Design Limited, dated 05/26/2017 14 2. Prior to the issuance of a building permit, the Applicant shall have complied with all recommendations suggested by the Traffic Safety Commission staff report dated June 5, 2017 and Village Engineer's review memo dated June 5, 2017 as follows: A. The proposed parking area at the northwest corner of the development should be signed to be for residents and guests of the development only; B. The Applicant shall provide a written description of the proposed development of the ownership and maintenance of the streets and parking areas. 3. Prior to the issuance of any Village building permits the Applicant shall submit final engineering plans in accordance with Village requirements and standards, for review and approval by the Village Engineer. 4. The applicant shall provide an updated landscape plan, as necessary, for review and approval, to ensure that proposed trees will not impede access by and through the site by emergency vehicles. Such plan may be submitted after issuance of building permits, however, the final landscaping plan must be submitted for review and approval prior to issuance of any occupancy permits and landscaping must be installed prior to the issuance of the final occupancy permit for the project. 5. Prior to the issuance of any building permits, the Applicant shall submit the proposed "Homeowners Declarations And Covenants, "for review and approval and such Declarations and Covenants shall be developed in accordance with Section 12-8-2:B.3., as follows: A. The membership in the owners' association shall be mandatory for each and every owner, and successive owner, of all units located on the property. B. The owners' association shall own and be responsible for the continuity, care, conservation, maintenance and operation in a first rate condition, and in accordance with predetermined standards, of the common areas, including, without limitation, all equipment, appurtenances, ponds, detention facilities, and perimeter fencing located on or within the common areas and the cost of power required for the affected equipment and appurtenances. C. The owners' association shall be responsible for casualty and liability insurance, and the village shall be named as an additional insured on all policies of liability insurance obtained by the owners' association. D. The owners' of all units located on the property or the owners' association, as applicable, shall be responsible for the real estate taxes for the common areas. E. The owners of all units located on the property shall pay their pro rata share of all costs and expenses incurred by the owners' association by means of an assessment to be levied by the owners' association that meets the requirements for becoming a lien on the property in accordance with the statutes of the state of Illinois. F. The owners' association shall have the right to adjust the assessment to meet changed needs except any assessment imposed by the village. The membership vote required to authorize an adjustment shall not be fixed at more than fifty one percent (51%) of the members voting on the issue. G. The owner's association shall be created and established prior to the sale of any portion of the property. 15 6. The Applicant shall advise the Director of Community and Economic Development of any proposed change in ownership or operation of the commercial and residential properties. Such changes may subject the owners, lessees, occupants, and users of Lexington Walk to additional conditions and may serve as the basis for further amendment to the planned unit development. 7. The Applicant or his/her successors shall obtain all necessary signatures and file the final plat of subdivision and associated Access Easement and Restrictions Agreement with the Recorder of Deeds of Cook County Illinois, and shall file three paper copies, one Mylar and one electronic copy of the recorded plat with the Building Commissioner for the Village of Morton Grove within 90 days of such recording 8. The Applicant shall comply with all applicable provisions of Title 12, Chapter 8 regarding the content, submission, and recording of the final plat of subdivision and such recorded plat of subdivision shall be consistent with the approved preliminary/final plat, dated 05/25/2017, with the following approved waivers: A. Lot 1: i. Front yard setback waiver of 12 ft to the 15 It. front yard setback requirement (Section 12-5-7:C) ii. Side yard (west) setback waiver of 2 ft: to the 5 ft. side yard setback requirement (Section 12-5-7:C) Rear yard setback waiver of 5 ft to the 5 ft. rear yard setback requirement (Section 12-5-7:C) iv. Lot coverage waiver of 25% to the 65% lot coverage requirement (Section 12-5-7:C) B. Lott I Front yard setback waiver of 12 ft to the 15 ft front yard setback requirement (Section 12-5-7:C) it Side yard (east) setback waiver oft It to the 5 ft side yard setback requirement (Section 12-5-7:C) Rear yard setback waiver of 5 ft to the 5 It rear yard setback requirement (Section 12-5-7:C) iv. Lot coverage waiver of 25% to the 65% lot coverage requirement (Section 12-5- 7:C) C Lot3 i. Front yard setback waiver of 12 ft to the 15 ft front yard setback requirement (Section 12-5-7:C) ii. Side yard (north) setback waiver of 2 ft. to the 5 ft. side yard setback requirement (Section 12-5-7:C) iii. Rear yard setback waiver of 5 ft, to the 5 ft. rear yard setback requirement (Section 12-5-7:C) iv. Lot coverage waiver of 25% to the 65% lot coverage requirement (Section 12-5- 7:C) D. Lot 4 1. Front yard setback waiver of 12 It to the 15 ft front yard setback requirement (Section 12-5-7:C) 16 ii. Side yard (south) setback waiver of 2 ft. to the 5 ft, side yard setback requirement (Section 12-5-7:C) iii. Rear yard setback waiver of 5 R: to the 5 it: rear yard setback requirement (Section 12-5-7:C) iv. Lot coverage waiver of25% to the 65% lot coverage requirement (Section 12-5- 7:C) E. Lot 5 I. Front yard setback waiver of 12 ft. to the 151t. front yard setback requirement (Section 12-5-7:C) it Side yard (north) setback waiver of 2 fi: to the 5 It side yard setback requirement (Section 12-5-7:C) ill. Side yard (south) setback waiver of 2 ft, to the 5 ft. side yard setback requirement (Section 12-5-7:C) iv. Rear yard setback waiver of 5 R: to the 5 ft. rear yard setback requirement (Section 12-5-7::C) v. Lot coverage waiver of 22.58% to the 65% lot coverage requirement (Section 12-5-7:C) F. Lot 6 i. Front yard setback waiver of 12 ft to the 15 ft. front yard setback requirement (Section 12-5-7:C) ii. Side yard (east) setback waiver of 1 ft to the 5 fi: side yard setback requirement (Section 12-5-7::C) Side yard (west) setback waiver of 2 ft. to the 5 fft side yard setback requirement (Section 12-5-7:C) iv. Rear yard setback waiver of 5 ft, to the 5 ft. rear yard setback requirement (Section 12-5-7:C) v. Lot coverage waiver of 18.77% to the 65% lot coverage requirement (Section 12-5-7:C) G. Lot? i. Front yard setback waiver of 12 ft to the 15 R: front yard setback requirement (Section 12-5-7:C) ii. Side yard (east) setback waiver of 1 ft. to the 5 ft. side yard setback requirement (Section 12-5-7:C) Side yard (west) setback waiver of 2 fi: to the 5 ft side yard setback requirement (Section 12-5-7:C) iv. Rear yard setback waiver of 5 ft. to the 5 ft. rear yard setback requirement (Section 12-5-7:C) v. Lot coverage waiver of 19.45% to the 65% lot coverage requirement (Section 12-5-7:C) H. Section 12-8-4:B.3, to allow individual subdivided Lots 5, 6, and 7 to abut a private right of way rather than a public right of way. Attachments: - Planned Unit Development Application and supporting documents (submitted by Applicant) 17 Zoning Map: R3 Zonin9Visfriet.. - Capulina Ave r 3: .. 3.. a_', 18 Legislative Summary Ordinance 17-19 AN ORDINANCE APPROVING A SPECIAL USE PERMIT FOR A MEDICAL AND DENTAL OFFICE/CLINIC AT 5818 DEMPSTER STREET, MORTON GROVE, IL Introduction: Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend: Second Reading: Special Consider or Requirements: Submitted by: Prepared by: N July 10, 2017 To approve a special use permit for an oral surgery dental office at 5818 Dempster Street. Dr. Spiro Karras, the applicant, property owner and prospective tenant ("Applicant"), filed an application for a special use permit for a Medical and Dental Office/Clinic at 5818 Dempster Street in accordance with Section 12-4-3:D. The Applicant plans to move his practice of 20 years from Lincolnwood and operate his new facility in a similar manner. The proposed hours of operations are: 8:OOAM-5:OOPM Monday -Thursday, 8:OOAM-3:OOPM on Friday, and on two Saturdays per month from 7:30AM to 1:OOPM. Initially, the Applicant proposes to function with a staff of five (I doctor and 4 support staff) and increase to a staff of eight (2 doctors and 6 support staff) over the next few years. At full staff capacity, the office is expected to accommodate an average of 15 to 18 patients per day (weekdays). Per the Unified Development Code, the required parking spaces for the development are II. In accordance with Section 12-7-3:B, the Applicant hired AES Services ("AES") to complete a traffic and parking report ("Traffic Report"). Based on the property use, AES determined the proposed use would have a peak parking demand of 12 spaces, which can be accommodated through a combination of six (6) on-site parking spaces as well as available public parking spaces along Mansfield and within in the municipal lot, across Dempster Street. Based on their observations and analysis, AES concluded that the combination of on-site and available public parking spaces should accommodate the parking demand for this use. In accordance with Section 12-16-4:A.2, the application was reviewed by Village departments and the Traffic Safety Commission (TSC). At their June 1 meeting, the TSC raised some questions about the Traffic Report and on-site parking layout. The Applicant subsequently provided a revised site plan and Traffic Report in response to TSC's questions and concerns. As there are no proposed changes to the facade, Appearance Commission review was not required. Based on the application, with the updated site plan and Traffic Report, supporting documents and testimony presented at the June 19, 2017, Public Hearing, the Plan Commission voted unanimously (5-0; Gillespie and Khan absent) to recommend approval of this application with conditions. Community and Economic Development N/A N/A Community and Economic Development in the normal course of business. Approval as presented July 24, 2017 None ph Czerwins illage Administrator ,i4 .4,Al 4 /Ii!/ zevi. Reviewed by Teresa Hoffman L Community and Economic Development Director n, Corporation Counsel ORDINANCE 17-19 APPROVING A SPECIAL USE PERMIT FOR A MEDICAL AND DENTAL OFFICE/CLINIC AT 5818 DEMPSTER STREET, MORTON GROVE, IL 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, 5818 Dempster Street is located in the Cl General Commercial District and is improved with a 2,860 sq. ft. commercial building and a 6 stall parking lot; and WHEREAS, Section 12-4-3:D of the Unified Development Code requires a Special Use Permit for medical and dental offices/clinics for such uses that are more intensive and do not qualify for the administrative review process which was recently adopted as a text amendment by the Village Board through PC 17-11 (Ord. 17-15); and WHEREAS, Dr. Spiro Karras, the applicant, property owner and prospective tenant ("Applicant"), filed a proper application to the Plan Commission in the Village of Morton Grove under case number PC17-09 requesting a Special Use Permit for a medical and dental office to perform oral surgery at the property commonly known as 5818 Dempster Street, Morton Grove, Illinois 60053 ("Subject Property"); and WHEREAS, pursuant to the applicable provisions of the Municipal Code, notice of the public hearing was duly published in the Pioneer Press, a newspaper of general circulation in the Village of Morton Grove on June 1, 2017, written notification sent to property owners within 250 feet of the subject property on June 2, 2017, and signs were duly posted on the property on June 9, 2017; and WHEREAS, the Applicant has operated an oral surgery office for twenty (20) years in Lincolnwood and proposes to move his practice to Morton Grove and operate in a similar manner, which will include hours of Monday -Thursday 8:OOAM-5:OOPM, Friday 8:OOAM-3:OOPM, and two Saturdays per month from 7:30AM-1:OOPM ; and WHEREAS, the Applicant proposes to initially function with a staff of five (1 doctor and 4 support staff) and eventually increase to a staff' of eight (2 doctors and 6 support staff) over the next few years; and WHEREAS, once they reach full capacity, the Applicant expects to accommodate an average of 15 to 18 patients per day (week days) over five operatory rooms; and WHEREAS, based on the Unified Development Code "Required Spaces By Use" (Section 12-7-3:I), eleven (11) parking spaces are required for the proposed 2,860 sq. ft. facility at a rate of 1 space per 250 sq. ft. of gross floor area for a medical/dental office use; and WHEREAS, per the Unified Development Code (Section 12-7-3:B), the proposed parking standards identified in the Code as "Required Spaces By Use" shall be advisory only for Special Use applications, and the final number of required parking spaces for Special Use Permits will be set by the Village Board based on the submitted, independent traffic and parking study and any recommendations by the Traffic Safety and Plan Commissions and/or staff; and WHEREAS, in accordance with Section 12-7-3:B of the Village Code, the Applicant submitted a traffic and parking study "Dental Office: Traffic and Parking Analysis Report" prepared by AES Services, ("AES"), dated April, 2017, REV: June, 2017 ("Traffic Report"), which includes an analysis of the projected parking and traffic demand associated with the proposed use; and WHEREAS, based on the proposed operation of this business and the proposed staffing levels at full capacity, AES determined the Applicant will need twelve (12) parking spaces to meet their peak hour parking demand; and WHEREAS, the Applicant proposes to utilize a combination of the six (6) off-street parking spaces and six (6) of the available public parking spaces located along Mansfield Avenue and/or the public parking lot across Dempster Street to meet the peak hour parking demand; and WHEREAS, based on their observations and understanding of the proposed use, in the context of the existing adjacent uses, AES concluded the available on-site and public parking is sufficient to accommodate the anticipated parking demand; WHEREAS, in accordance with Section 12-16-4:A.2, the Traffic Safety Commission (TSC) reviewed the application at their June 1, 2017, meeting and based on the staff report provided by the Village Engineer, they raised some concerns about the Applicant's original proposed on-site parking plan, which included two rows of ninety (90) degree parking on opposite ends of the site, with a central drive aisle, and also had other questions and requests for clarification with respect to the original Traffic Report; and WHEREAS, in response to those comments, the Applicant subsequently revised the submitted site plan to be consistent with the existing parking configuration, which includes one row of parking, perpendicular to the building, and provided an updated Traffic Report, dated June 2017, with additional data counts; and WHEREAS, since there are no proposed changes to the building facade, Appearance Commission review was not required; and WHEREAS, as required by ordinance, the Morton Grove Plan Commission held a public hearing relative to the above referenced case on June 19, 2017, at which all concerned parties were given the opportunity to be present and express their views for the consideration by the Plan Commission; and WHEREAS, as a result of said public hearing, the Plan Commission made certain recommendations and conditions through a report dated July 3, 2017, a copy of which is attached hereto and made a part hereof and marked as Exhibit "A"; and 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 a medical and dental office at 5818 Dempster Street shall be issued subject to the conditions and restrictions as set 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: The property located at 5818 Dempster Street, Morton Grove, Illinois 60053, is hereby granted a special use permit for a Medical and Dental Office/Clinic for an oral surgery dental office, utilizing a combination of on-site and available area public parking, 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 building shall be developed and operated consistent with the plans and supporting documents in the application, identified in this report and/or presented at the Public Hearing, including the following: A. Proposed Floor Plan, prepared by Nicholas Kanas -Architect, dated March 1, 2017 B. Site Plan, prepared by Nicolas Kanas- Architect, received June 8, 2017 C. Traffic study "Dental Office: Traffic and Parking Analysis Report", prepared by AES, dated April, 2017; REV: June 2017 2. The Applicant shall file for all necessary building permits, in accordance with applicable codes, ordinances, and regulations, and based on review comments provided by the Traffic Safety Commission, through the report by the Village Engineer, dated June 5, 2017, for review and approval prior to the commencement of any work. 3. The Applicant shall advise the Director of Community and Economic Development of any of the following: A. any proposed change in ownership of the subject property and/or principal business; B. any change in hours of operation; C. any alterations to or changes in uses or configuration of any of the interior spaces; D. any increases staffing levels or in number of patients, above those projected in the AES traffic study "Dental Office: Traffic and Parking Analysis Report", dated April, 2017; REV: June 2017, and E. any other changes to the site use that could increase the intensity and/or increase the parking demand. Such changes may require the owners, lessees, and users of 5818 Dempster Street to submit an updated parking analysis, and may subject the owners, lessees, and users of 5818 Dempster Street to additional conditions and may serve as the basis for further amendment to the special use permit. 4. The Applicant shall advise their employees and patrons of all available commercial and public parking facilities, in the area, and advise against parking in the adjacent residential neighborhoods. 5. If the Applicant decides to increase the number of operatory rooms beyond the five (5) shown on the plans, or staffing levels beyond the proposed maximum of eight (8), the Applicant shall be required to submit an updated parking study to the Director of Community and Economic Development and Village Engineer. Such study should include an updated parking survey and an updated parking plan describing how such increased parking demand will be accommodated. Such increases in the intensity of the use may require an amendment to the Special Use permit. SECTION 3: The special use is granted so long as the owner, occupant and users of this property utilize the area for the purposes as herein designated. SECTION 4: 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 as granted and amended hereunder. SECTION 5: The Applicant/Owner shall comply with all requirements of the Village of Morton Grove Ordinances and Codes that are applicable. SECTION 6: 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 24th day of July 2017. Trustee Grear Trustee Minx Trustee Ramos Trustee Thill Trustee Travis Trustee Witko APPROVED by me this 24th day of July 2017. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 24th day of July Eileen Scanlon Harford, Village Clerk Village of Morton Grove Cook County, Illinois Community 6i Economic Development Department MORTON } GROVE Incredibly Close k Amazingly Open To: Village President and Board of Trustees From: Steven Blonz, Chairperson, Pian Commission Nancy Radzevich, AICP, Community and Economic Development Director Dominick A. Argumedo, AICP, Zoning Administrator/Land-Use Planner Date: July 3, 2017 Re: Plan Commission Case PC17-09: Request for a Special Use Permit for a Medical and Dental Office/Clinic (Oral Surgery), in accordance with Section 12-4-4:E. of the Unified Development Code (Ordinance 07-07) Commission Report Public Notice The Village of Morton Grove provided Public Notice for the June 19, 2017 Plan Commission public hearing for PC 17-09 in accordance with the Unified Development Code. The Pioneer Press published the public notice on June 1, 2017, and the Village notified surrounding property owners via mail on June 2, 2017 and placed a public notice sign on the subject property on June 9, 2017. Property Background The subject property is located at the northeast corner of Dempster Street and Mansfield Avenue and is improved with a 2,860 sq. ft. commercial building with a rear parking lot that can accommodate parking for up to six vehicles. The property is zoned C1 General Commercial District. Overview of the Application Dr. Spiro Karras is proposing to relocate his oral surgery practice from Lincolnwood to 5818 Dempster Street. The Applicant has run his practice for 20 years in Lincolnwood and plans to operate his new facility in a similar manner, with the proposed hours of operations as follows: 8:OOAM-5:OOPM Monday -Thursday, 8:OOAM-3:00PM on Friday, and on two Saturdays per month from 7:30AM to 1:OOPM. Initially, the Applicant proposes to operate the business with a staff of five (1 doctor and 4 support staff) and eventually increase to a staff of eight (2 doctors and 6 support staff) within the next few years. At full staff capacity, the office is expected to accommodate an average of 15 to 18 patients per day (week days). Although the facility will have five operatory rooms, they will not all be used concurrently. Each doctor will have two assigned rooms: one which is actively used by the doctor and their patient and the second which is being prepared for the next patient. The fifth room is reserved for more complex procedures, where one patient may be scheduled for an extended period of time, and/or for unscheduled, emergency patients. The subject property includes a six (6) stall parking facility behind the building, including five (5) standard parking spaces and one accessible parking space. In addition, there are nine (9) diagonal public parking spaces on the east side of Mansfield Avenue, adjacent to the building site, three (3) parallel public parking spaces on the west side of Mansfield, and a 22 parking space public parking lot across the Dempster Street. The municipal lot includes five (5) designated reserved spaces for the employees of 5831 Dempster Street (Ord. 00-27). The remaining seventeen (17) spaces - two (2) accessible and fifteen (15) standard parking spaces —are unreserved. Based on the ordinance requirements, the proposed dental office will require 11 parking spaces. Per Section 12-7-3:6 of the Unified Development Code, proposed parking standards identified in the code as "Required Spaces By Use" shall be advisory only for Special Use applications as the required parking will be reviewed and established as part of the Special Use Permit. The final number of required parking spaces for Special Use Permits is set by the Village Board based on the submitted independent traffic and parking study and any traffic and parking recommendations by the Traffic Safety and Plan Commissions and/or staff. June 19, 2017 Public Hearing Dominick Argumedo, Zoning Administrator/Land-Use Planner, introduced the case and summarized the Plan Commission staff report dated June 15, 2017, which was entered, in its entirety, into the public record. (Attachment 1). Mr. Argumedo specifically noted that the Village Board had recently approved a text amendment to Section 12-4-3:D of the Unified Development Code (PC 17-11; Ord. 17-15) that allows for an administrative review process for lower intensity medical/dental uses that include sufficient off-street parking, while maintaining the special use requirement if staff determines that a proposal warrants additional scrutiny beyond an administrative review. Due to the location of this particular dental surgery office, along the East Dempster commercial corridor, where there is limited off-street parking spaces, and its proximity to abutting residential neighborhood, staff determined this project warranted the additional review of a special use process. In accordance with this determination, the Applicant filed a special use application for this proposed use. After the staff presentation, Chairperson Blonz asked for clarification of how the traffic/parking study and site plan were revised between the time of the Traffic Safety Commission meeting and this public hearing before the Plan Commission. Mr. Argumedo explained that the Applicant's original proposed on-site parking plan had two rows of 90 degree parking on opposite ends of the site, with a central drive aisle. With this configuration, the parking spaces and drive aisle were substandard with respect to the Unified Development Code design standards, and could result in on-site conflicts as well as potential overhang of vehicles across a portion of the public sidewalk along Mansfield. The Applicant subsequently revised the submitted site plan to be a single line of parking along the rear facade of the building. The updated parking configuration reduces the potential on-site parking from 7 to 6 spaces; this change was accounted for in the updated traffic study. Mr. Spiro Karras, the Applicant, and Julian Gnatenco, the AES engineer, were sworn in. Mr. Karras reviewed the history of his 23 year practice, which is currently located in Lincolnwood. Dr. Karras noted that he specifically purchased the 5818 Dempster property to move his practice to Morton Grove. Mr. Gnatenco reviewed the traffic and parking study. He noted his analysis took into account what will occur over the next few years with one doctor on staff and in 2020 when the additional doctor joins the practice. Mr. Gnatenco testified he conducted parking surveys, which included the available on-site parking as well as the public parking along Mansfield Avenue and in the municipal parking lot across Dempster Street. He stated his observations and analysis enabled him to conclude that there is sufficient parking to accommodate the proposed use. Commissioner Gabriel asked how the patients would be scheduled and if the Applicant would see more than two patients at one time. Dr. Karras said that the practice does not double book patients. He stated that there is typically about a 10 minute overlap between patients; Mr. Gnatenco noted that the traffic study took into consideration such patient overlap. Dr. Karras also noted that he would encourage the staff to park across Dempster Street to allow the on-site parking lot to service the patients. 2 Chairperson Blonz asked if the previous chiropractic business at 5818 Dempster was different in patient intensity level than the proposed oral surgery development. Mr. Gnatenco stated the previous business probably had a higher daily cliental total compared to the proposed use. Chairperson Blonz asked if there was anyone present that wanted to be heard. Nick Marino, 5800 Dempster, owner of buildings to the east, stated he is in support of the oral surgery facility. He further noted that the aforementioned previous chiropractic facility at 5818 Dempster had not generated any parking issues that he could recall. Chairperson Blonz asked for any other comments or questions. Hearing none, he asked for a motion. Commissioner Shimanski moved to approve Case PC17-09, request for a Special Use Permit for a Medical and Dental/Clinic (oral surgery), in accordance with Section 12-4-3-D, of The Unified Development code (Ordinance 07-07) with the following recommendations: 1. The site shall be developed and operated consistent with the plans and supporting documents in the application, identified in this report and/or presented at the Public Hearing, including the following: A. Proposed Floor Plan, prepared by Nicholas Karras-Architect, dated March 1, 2017 B. Site Plan, prepared by Nicholas Karras- Architect, Received June 8, 2017 C. Traffic study "Dental Office: Traffic and Parking Analysis Report", prepared by AES, dated April, 2017; REV: June, 2017 2. The Applicant shall advise the Director of Community and Economic Development of any of the following: A. Any proposed change in ownership of the subject property and/or principal business; B. Any change in hours of operation; C. Any alterations to or changes in uses or configuration of any of the interior spaces; D. Any increases staffing levels above those projected in the AES traffic study "Dental Office: Traffic and Parking Analysis Report", dated June, 2017; and E. Any other changes to the site use that could increase the intensity and/or increase the parking demand. Such changes may require the owners, lessees, and users of 5818 Dempster Street to submit an updated parking analysis, and may subject the owners, lessees, and users of 5818 Dempster Street to additional conditions and may serve as the basis for further amendment to the special use permit. 3. The Applicant shall advise staff and patrons of all available commercial public parking options, in the area, and advise against parking in the adjacent residential neighborhoods. 4. If the Applicant decides to increase the number of oratories, beyond five (5), or staffing levels beyond the proposed maximum of eight (8), the Applicant shall be required to submit an updated parking study to the Director of Community and Economic Development and Village Engineer. Such study should include an updated parking survey and an updated parking plan describing how such increased parking demand will be accommodated. Such increases in the intensity of the use may require an amendment to the Special Use permit. Commissioner Dorgan seconded the motion. The motion passed unanimously (5-0; Gillespie and Khan absent). 3 Legislative Summary ORDINANCE 17-22 APPROVING A PRELIMINARY/FINAL PLAT OF VACATION OF A 2,249 SQ. FT. PORTION OF CAPULINA AVENUE RIGHT-OF-WAY, LOCATED IMMEDIATELY WEST OF NARRAGANSETT AVENUE AND EAST OF THE METRA RIGHT-OF-WAY Introduction: Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend: Second Reading: Special Consider or Requirements: July 24, 2017 This ordinance will approve the vacation of a portion of the Capulina Avenue public right-of- way located directly west of Narragansett Avenue and east of the Metra right-of-way. The Village of Morton Grove filed an application to vacate a 2,249 sq. ft. portion of Capulina Avenue public right-of-way located west of Narragansett Avenue and east of the Metra right-of- way. The subject property is unimproved, is unnecessary for the operation of Capulina Avenue, and has been declared surplus by Village Officials. This portion of the Capulina right-of-way is located just north of a 2+/- acre parcel of land owned by the Village of Morton Grove and designated as the Site "B" targeted development site in the approved Village of Morton Grove Lehigh/Ferris Framework Plan, dated January 27, 2009 (Ord.09-01). This property will be added to the developable land identified as Site "B" and will help facilitate the development of Site "B". Currently, Lexington Homes is proposing to develop the Site "B" parcel with a 36 unit townhome development, through a Plan Unit Development (PUD), filed under PC 17-14, and this vacated portion of Capulina will be used to provide a much-needed visitor parking lot for the proposed residential development. The Plan Commission reviewed the application at their June 19, 2017, public hearing. Based on the application, supporting documents and testimony presented, the Plan Commission voted unanimously (5-0, Gillespie and Khan absent) to recommend approval of the requested vacation, with conditions. Community and Economic Department N/A N/A The vacation of the public right-of-way and required recording of the plat of vacation will be implemented and supervised by staff as part of their normal work activities. Approval as presented August 14, 2017, required None Submitted by: / R. zerwi : q' 1 Prepared by: .41:,1 a Alyea, o ..sd— Reviewed by llage Administrator Teresa Hoffman Listdn evich, Co unity and Economic Development Director ation Counsel ORDINANCE 17-22 APPROVING A PRELIMINARY/FINAL PLAT OF VACATION OF A 2,249 SQ. FT. PORTION OF THE CAPULINA AVENUE RIGHT-OF-WAY, LOCATED IMMEDIATELY WEST OF NARRAGANSETT AVENUE AND EAST OF THE METRA RIGHT-OF-WAY 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, pursuant to Section 12-9-5 of the Unified Development Code, the Board of Trustees of the Village of Morton Grove has the power and authority to vacate streets and alleys or portions thereof within the jurisdiction of the Village; and WHEREAS, the Village of Morton Grove has made a proper application to the Plan Commission in the Village of Morton Grove under Case No. PC 17-13 requesting to vacate a 2,249 sq. ft. portion of the Capulina Avenue public right-of-way located immediately west of Narragansett Avenue and east of the Metra right-of-way ("subject property"), in accordance with the plat of vacation and legal description, prepared by Haeger Engineering, dated July 17, 2017, a copy of which is attached hereto and made a part hereof and marked as Exhibit "A"; and WHEREAS, the subject property is unimproved and unnecessary for the safe operation of Capulina Avenue and has been determined to be surplus property by Village Officials; and WHEREAS, the 2,249 sq. ft. subject property is bordered to the south by vacant municipally - owned properties, with common addresses of: 8550 Ferris Avenue, 8600 Ferris Avenue, 8602 Ferris Avenue, 8608 Ferris Avenue, 8612 Ferris Avenue, 8614 Ferris Avenue, 8618 Ferris Avenue, and 8620 Ferris Avenue, which are collectively known as Site "B", per the adopted Lehigh Ferris Framework Plan (Ordinance 09-01); and WHEREAS, the Lehigh Ferris Framework Plan identified Site "B" as a potential redevelopment site for higher density residential uses, based on its proximity to the Village's proposed future downtown along Lincoln and Lehigh Avenues and the Morton Grove Metra train station; and WHEREAS, the vacation of this portion of the Capulina Avenue public right-of-way will be incorporated into the developable land area of Site "B" in order to facilitate the highest and best development opportunity for this combined area of Village owned property: and WHEREAS, the incorporation of the subject property into the Site "B" development parcel will provide Lexington Homes, Inc., the developer who currently has an application filed for the purchase and development of Site "B" as a Planned Unit Development under PC 17-14, the necessary additional property to provide a much needed visitor parking lot for their proposed 36 -unit townhome development; and WHEREAS, pursuant to the applicable provisions of the Municipal Code, public notice for a public hearing was duly published in the Pioneer Press, a newspaper of general circulation in the Village of Morton Grove which publication took place on June I, 2017, and pursuant to the posting of a sign on the property on June 9, 2017, and written notification sent to property owners within 250 feet of the subject property on June 2, 2017, as required by ordinance; and WHEREAS, the Morton Grove Plan Commission held a public hearing relative to the above referenced case on June 19, 2017, at which time all concerned parties were given the opportunity to be present and express their views for the consideration by the Plan Commission; and, as result of said hearing, the Plan Commission made certain recommendations and conditions through a report dated July 18, 2017, a copy of which is attached hereto and made a part hereof and marked as Exhibit "B"; and WHEREAS, the Plan Commission considered all the evidence and testimony presented to it, discussed the merits of the application in light of applicable laws, including Section 12-9-5 of the Unified Development Code, and voted to recommend approval of the vacation, with conditions; and WHEREAS, pursuant to the provisions of the Village of Morton Grove Unified Development Code, the Corporate Authorities have considered the report of the Plan Commission and find the proposed vacation of a portion of this public right-of-way is appropriate, in the public interest, and in accordance with applicable ordinances of the Village of Morton Grove for a vacation of a public right- of-way. 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: The Corporate Authorities do hereby approve the application for PC 17-13, request for approval for the vacation of a 2249 sq. ft. portion of the Capulina Avenue public right-of- way subject to the following conditions: 1. The final recorded Plat of Vacation shall be in accordance with the Plat of Vacation, prepared by Haegar Engineering, dated July 17, 2017; and 2. The applicant or his/her successors shall comply with all applicable provisions of Title 12, Chapter 9 regarding the content, submission, and recording of the plat of vacation. SECTION 3: The applicant or his/her successors shall file the plat of vacation with the Recorder of Deeds of Cook County, Illinois on or before December 12, 2017, in accordance with Section 12-9-5 of the Village Code. 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, and the applicant or his/her successors has recorded the Plat of Vacation, in accordance with Section 12-9-5 of the Village Code, and recorded this Ordinance with the Recorder of Deeds of Cook County, Illinois, and has provided the evidence of such to the Village of Morton Grove. PASSED this 14th day of August 2017. Trustee Grear Trustee Minx Trustee Ramos Trustee Thill Trustee Travis Trustee Witko APPROVED by me this 14th day of August 2017. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 14`h day of August 2017. Eileen Scanlon Harford, Village Clerk Village of Morton Grove Cook County, Illinois Exhibit "A" Plat of Vacation Haeger Engineering 7.010 May PLAT OF VACATION PART OF NORTHEAST OUMTEROF &ELTON TS MD PART OF ME NOKR,Weir PRINOIM MERIDIAN AMMO. TO NE PLAT IWER0OF RECOMOW MARCH It MBAS DOCUMENT NUMER010701•008.CESORIKOAS FOLLOWS BEGINNING At ME NORTMVE.S7 CORNER OF LOT 1 Rill.SUUOIMON OF 13MTOF DEGREES >0 MENUTES 20 SECONDS WEST ALONG THE WWI., PEW OF WAY UNE Of THE OREM° MM.. ST MUI. ARO MOM RAMO. NET, MILVNIKEE NORTH DISTRICT 111.515,1 FEET TO THE SOU.' UNE DRAT 2 tH 4015 A 0.41.1 CONCAVE VINE NOTISIPANIG A MON OF .1,0 FEET MO ERSIONCE ef .1R PEA VA troCWOF int MC MIMOA1/4401110•77 76 Map, IICAMC OF ROUTH 14 (EMUS Imm0136 3.2 SELMA EMT TO TMNORTH UNE OF CAPULINA AVENUE 49 20 r 9 C 9 -F m F. m m N C -0 111 �r 2 ION, OF 13 • Lal SUBDIVISION OF PART OF 9. at 0. He 5661073 nnE REVISED ,2o„ FJ ZO 10 SCALE 120' ANDS. REGOAKOIR150014 wur'rvw wx{ 0` ELD HEREBY CERTIFY TMT MERE ME NO 00.1004211- OR 40.60 CURRENT OR OtehaED/rAIRTTIOS !MOT OF IMO CATE RAEGER ENGINEERING EXHIBIT "B" Community & Economic Development Department To: Village President and Board of Trustees From: Steve Blonz, Chairperson, Pian Commission Nancy Radzevich, AICP, Community and Economic Development irector Dominick A. Argumedo, AICP, Zoning Administrator/Land-Use Planner Date: July 18, 2017 MORTONIGROVE Incredibly Close 4 Amazingly Open Re: Plan Commission Case PC17-13: Request for approval of a Preliminary/Final Plat of Vacation of a 2,249 -sq. ft. portion of the Capulina Avenue Right of Way, located immediately west of Narragansett Avenue and east of the Metra right of way, in accordance with Title 12, Chapter 9 of the Morton Grove Unified Development Code (Ordinance 07-07) Commission Reoort Public Notice The Village of Morton Grove provided Public Notice for the June 19, 2017 Plan Commission public hearing for PC 17-13 in accordance with the Unified Development Code. The Pioneer Press published the public notice on June 1, 2017, and the Village notified surrounding property owners via mail on June 2, 2011 and placed a public notice sign on the subject property on June 9, 2017. Overview of the Application The Village of Morton Grove is requesting approval of a Plat of Vacation for a 2,249 -sq. ft. portion of a public right of way located immediately west of Narragansett Avenue and east of the Metra right of way. The proposed portion of right of way to be vacated will be incorporated into the overall redevelopment plan for the municipally owned properties located south of Capulina and west of Ferris, which is collectively known as "Site B" in the Village of Morton Grove Lehigh Ferris Framework Plan, dated January 27, 2009 (Ord.09-01). Under the current proposed development plan from Lexington Homes through PC17-14, the proposed vacated right of way will be utilized to provide a much needed visitor parking lot for the proposed 36 -unit townhome Planned Unit Development. (PUD). June 19, 2017 Public Hearing Ms. Nancy Radzevich, Community and Economic Development Director, introduced the case and summarized the Plan Commission staff report dated June 15, 2017, which was entered, in its entirety, into the public record. (Attachment 1) Chairperson Blonz asked for questions from Commissioners. There were no questions from the Commissioners. Chairperson Blonz asked if there was anyone present that wanted to be heard. There was no response. Chairperson Blonz called for a motion to approve Case PC 17-13. Commissioner Dorgan moved to approve Case PC 16-07, an application for approval of a Plat of Vacation for a 2,249 -sq. ft. area of the Capulina Avenue Right of Way, located immediately west of Narragansett Avenue and east of the Metra Right of Way, in accordance with Section 12-9-5 of the Morton Grove Unified Development Code (Ordinance 07-07), with the following conditions: 1. The Plat shall be recorded in accordance with Section 12-9-5:B.5 of the Unified Development Code. Commissioner Gabriel seconded the motion. The motion passed unanimously (5-0, Khan and Gillespie Absent) 2 Community & Economic Development Department MORTON GROVE Incredibly Close " Amazingly Open To: Chairperson Blonz and Members of the Pian Commission From: Nancy Radzevich, AICP, Community & Economic Development Director Dominick Argumedo, AICP, Zoning Administrator/Land-Use Planner Date: lune 15, 2017 Re: PC 17-13— Application for approval of a Preliminary/Final Plat of Vacation of a 2,249 sq. ft. area of the Capulina Avenue Right of Way, located directly to the west of Narragansett Avenue and east of the Metra right of way, in accordance with Title 12, Chapter 9 of Ordinance 07-07 (Village of Morton Grove Unified Development Code) STAFF REPORT Public Notice The Village of Morton Grove provided Public Notice for the June 19, 2017 Plan Commission public hearing for PC 17-13 in accordance with the Unified Development Code. The Pioneer Press published the public notice on June 1, 2017, and the Village notified surrounding property owners via mail on June 2, 2017 and placed a public notice sign on the subject property on June 9, 2017. Request Summary Property Background The Village of Morton Grove is requesting approval of a Preliminary/Final Plat of Vacation for a 2,249 sq. ft. portion of a public right of way located directly to the west of Narragansett Avenue and east of the Metra Right of Way along the train tracks. ✓ 14 \„ \_I % Right of Way Vacation Context Map (Vacation area in Red, "Site B" in Blue) The proposed portion of right of way to be vacated will be incorporated into the overall redevelopment plan for the municipally owned properties located south of Capulina and west of Ferris and is shown on the above map, outlined in Blue, which is collectively known as "Site B" in the Village of Morton Grove Lehigh Ferris Framework Plan, dated January 27, 2009 (Ord.09- 01). The proposed area for vacation will provide additional land area needed to create much needed visitor parking lot for the proposed 36 -unit townhome Planned Unit Development proposed by Lexington homes, in PC 17-14. Adjacent Sites and Uses The properties that immediately abut the proposed vacated area include: vacant municipally owned property ("Site B") to the south, Metra right of way to the west, an existing multi -family residential development to the north, and the intersection of Narragansett and Capulina Avenues is directly to the east. piscussion Comprehensive Plan The Lehigh Ferris Framework Plan had proposed that "Site B" could be developed as higher density residential, based on its proximity to the Village's proposed future downtown along Lincoln and Lehigh Avenues and the train station. The vacation of this portion of the public right of way will allow for and better facilitate the redevelopment of "Site B" with a comprehensive redevelopment plan. In addition, the Village has no plans to utilize this property to extend Capulina Avenue. Prior to finalizing this Plat of Vacation, village staff will ensure compliance with all relevant Sections of 12-9-5 of the Unified Development Code. Recommendation Staff suggests the following motion for the Plan Commission: Plan Commission recommends approval of the Preliminary/Final Plat of Vacation for the 2,249 sq. It portion of the Capulina Avenue public right of way located immediately west of Narragansett Avenue and east of the Metra right of way, subject to the following condition: 1. The Plat shall be approved and recorded in accordance with Section 12-9-5:8. of the Unified Development Code. Attachments; Application and related materials 2 Legislative Summary RESOLUTION 17-36 AUTHORIZING AN AGREEMENT WITH COM ED FOR DESIGN ENGINEERING WORK BY COM ED FOR THE RELOCATION OF EXISTING ELECTRICAL EQUIPMENT TO FACILITATE THE REDEVELOPMENT OF THE VILLAGE -OWNED PROPERTY AT THE SOUTHWEST CORNER OF FERRIS AND CAPULINA AVENUES ("SITE B") Introduced: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: July 24, 2017 To authorize the expenditure of $35,000 from the Lehigh -Ferris TIF Fund to initiate the design engineering work by ComEd for the relocation of the existing electrical lines and associated equipment at the Village owned property at the southwest corner of Ferris and Capulina Avenues (Site B) . The 2+/- acre Village -owned site at the southwest corner of Ferris and Capulina Avenues ("Site B") was identified in the Lehigh -Ferris Framework Plan as a targeted site for redevelopment. Site B includes a former public alley right-of-way that has a number of existing utilities, including electrical lines and associated equipment. In order to facilitate the timely redevelopment of this site, staff is recommending the Village enter into a work agreement with ComEd to initiate the design engineering services for the relocation of service lines and associated equipment to facilitate the most effective and efficient redevelopment of this property. Public Works, Community & Economic Development. $35,000 Lehigh -Ferris TIF Fund Account: A/C #151079-571029 Public Works and Community and Economic Development Departments will supervise this work, as part of their regular workload. Approval as presented. N/A None Respectfully submitted: Prepared by: Nancy, 1ph E. Administrator Reviewed by: Jo Reviewed by: Teresa Hoffman Liston, Corporation Counsel 1 Ztant Director Public Works RESOLUTION 17-36 AUTHORIZING AN AGREEMENT WITH COMED FOR DESIGN WORK BY COM/ED FOR THE RELOCATION OF EXISTING ELECTRICAL EQUIPMENT TO FACILITATE THE REDEVELOPMENT OF THE VILLAGE -OWNED PROPERTY AT THE SOUTHWEST CORNER OF FERRIS AND CAPULINA AVENUES ("SITE B") 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, Lehigh/Ferris Framework Plan was adopted in 2008 to define an implementable long- term vision for redevelopment within the Lehigh/Ferris Subarea; and WHEREAS, the Lehigh Ferris Framework Plan identified the property at the southwest corner of Ferris and Capulina, Site "B", as a potential redevelopment site for higher density residential uses, based on its proximity to the Village's proposed future downtown along Lincoln and Lehigh Avenues and the Morton Grove Metra train station; and WHEREAS, Site B is comprised of several municipally -owned properties, with common addresses of: 8550 Ferris Avenue, 8600 Ferris Avenue, 8602 Ferris Avenue, 8608 Ferris Avenue, 8612 Ferris Avenue, 8614 Ferris Avenue, 8618 Ferris Avenue and 8620 Ferris Avenue and includes a former public alley that was vacated by the Village in 2016 (ORD. 16-20); and WHEREAS, within the former public alley, which intersects Site "B", there are a number of existing utilities, including electrical lines and associated equipment; and WHEREAS, the existing electrical lines and associated equipment along with the other existing utilities that run within the former public alley right-of-way need to be relocated to accommodate the redevelopment of this site; and WHEREAS, ComEd has provided a proposed contract in the amount of thirty-five thousand dollars ($35,000) for the design services associated with the relocation of the electrical lines and associated equipment. 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: The Corporate Authorities hereby authorize the Village Administrator to execute a work agreement order for Com Ed, Inc. to complete design engineering to relocate existing utilities for Site "B" in the amount of thirty-five thousand dollars ($35,000). SECTION 3: This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 24th DAY OF JULY 2017 Trustee Grear Trustee Minx Trustee Ramos Trustee Thill Trustee Travis Trustee Witko APPROVED BY ME THIS 24th DAY OF JULY 2017 Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 25th DAY OF JULY 2017 Eileen Scanlon Harford, Village Clerk Village of Morton Grove Cook County, Illinois LIBERTYVILLE OFFICE 1500 FRANKLIN BOULEVARD LIBERTYVILLE, ILLINOIS 60048 847-816-5579 VILLAGE OF MORTON GROVE ATTN: RALPH E. CZERWINSKI, VILLAGE ADMINISTRATOR 6101 CAPULINA AVENUE MORTON GROVE, IL 60053 For Electrical Service To: 6340 CAPULINA AVE - MORTON GROVE, IL Enclosed please find a copy of your Customer Work Agreement. To ensure prompt processing of your agreement please do the following: Date: 07113/2017 Review, sign and date the Customer Work Agreement. Return the signed copy of the agreement and payment of $35,000.00 in the enclosed envelope, to my attention. Work cannot proceed until we have received the signed document with your remittance and a call to 1-866-NEW-ELEC (1-866-639-3532) letting us know your electrician has completed work and passed required municipal government inspections. Upon approval by our Company, one copy of the document will be retumed to you for your records. If this contract is not returned within 30 days, it will be cancelled. You may make payments on the ComEd website or by phone. A $2.50 Bill Matrix, Inc. convenience fee will apply to each electronic payment transaction. By Internet go to: https://pavmentscomed.billmatrix.com/ (for payments of $5,000 or less for Credit/Debit) (for payments of $90,000 or less for eCheck) Or By Phone, Call (English & Spanish) 1-800-334-7661 (for all payments of $5,000 or less: Credit, Debit and eCheck) 1-800-588-9477 (for all payments of $5,000 or less: Credit, Debit and eCheck) Or By Customer Service Representatives 1-800-334-7661 (for payments of $5,000 or less for Credit/Debit) 1-800-334-7661 (for payments of $90,000 or less for eCheck) If you have any questions concerning this contract please contact your Field Representative. Enclosures Sincerely, JOHN BAKER ENGINEERING DESIGN TECH 847-816-5579 CUSTOMER WORK AGREEMENT P L#: CWA#: ND160551 R:0000 Date: 07/13/2017 VILLAGE OF MORTON GROVECustomer") and ComEd ("Company") agree that the Company will furnish at the Customer's expense the labor and materials necessary to do the work for the Customer on or adjacent to the Customer's premises at 6340 CAPULINA AVE, MORTON GROVE, IL 60053, described below. CUSTOMER WORK AGREEMENT -7/13/2017 DEPOSIT DEPOSIT FOR ENGINEERING. ADVANCED DEPOSIT 7/13 REQUEST PLEASE RETURN WITHIN 30 $35,000.00 DAY TOTAL CUSTOMER CHARGE $35,000.00 The Customer agrees to pay to the Company the sum of $35,000.00, payment in full due prior to beginning of Company work. The charges listed in this contract are for performing the work identified herein under normal field conditions. If abnormal field conditions are encountered and additional labor and materials are required to complete the work, or if the scope of work is altered, ComEd reserves the right to collect, and the owner agrees to pay, additional money to cover the increased costs. The sketch, if any, attached hereto is hereby made a part of this Agreement and expressly designates ownership of the facilities refered to. The Total Customer Charge reflects the scope of work described in this Customer Work Agreement that will be performed by the Company. This does not include charges for the relocation or removal of equipment owned by others, such as cable television or communication companies, that are attached to the Company's poles. It is the Customer's responsibility to contact these other companies to schedule the relocation or removal of their equipment from the poles. These companies will bill the Customer separately for the work they must perform. Work will be done during the Company's regular working hours, unless otherwise specified. This Agreement shall be void if not accepted by the Customer within thirty days from date submited. Transformers and metering equipment installed in conjunction with this work, shall in all cases, remain the property of the Company. In the event the work covered by this Agreement cannot be completed within one year from the above date as a result of delays on the part of the Customer or because the Company has been denied access to the premises, the charge to the Customer shall be recomputed based on the level of costs prevailing at the time of completion of the work as stipulated in the Company's General Company Order No. 25. This agreement is subject to the provisions of the Company's Schedule of Rates and Information and Requirements for Electric Services as on file with the Illinois Commerce Commision. FOR THE COMPANY: FOR APPLICANT: JOHN BAKER Submitted By Accepted By Signature Accepted By Signature RALPH E. CZERWINSKI Print Name VILLAGE ADMINISTRATOR Print Name Official Capacity Account Number: 0176167016 Work Task Number: 1393610801 Mail Bills To VILLAGE OF MORTON GROVE ATTN: RALPH E. CZERWINSKI, VILLAGE ADMINISTRATOR 6101 CAPULINA AVENUE MORTON GROVE, IL 60053 Payment Stamp Legislative Summary Ordinance 17-21 AMENDING TITLE 5, "MOTOR VEHICLES AND TRAFFIC", CHAPTER 1, ENTITLED "TRAFFIC ADMINISTRATION AND ENFORCEMENT", SECTION 4 ENTITLED "EXPERIMENTAL OR TEMPORARY REGULATIONS" OF THE VILLAGE OF MORTON GROVE MUNICIPAL CODE Introduced: Purpose: Background: Programs, Departments, or Groups Affected: Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: Special Requirements: July 10, 2017 This ordinance will amend Village Code Section 5-1-4 to allow experimental and/or temporary traffic regulations as needed but not to exceed 180 days. Currently, Title 5, Chapter 1, Section 4 entitled, "Experimental or Temporary Regulations" allows the Chief of Police with the approval of the Village Administrator to implement experimental or emergency traffic regulation without Board approval for up to 90 days with an additional 90 day extension with the approval of the Village Board. The Village Administrator is proposing this section be updated to allow temporary regulations to remain in effect for up to one hundred eighty (180) days for a trial period. Police Department N/A N/A The management and supervision of this section will be performed by the Administration, Legal, and Police Departments as part of their normal operations. Approval as presented Required — Code Book Change None Adminis or Approval Liston, Corporation Counsel ORDINANCE 17-21 AMENDING TITLE 5, "MOTOR VEHICLES AND TRAFFIC", CHAPTER 1, ENTITLED "TRAFFIC ADMINISTRATION AND ENFORCEMENT", SECTION 4 ENTITLED "EXPERIMENTAL OR TEMPORARY REGULATIONS" OF THE VILLAGE OF MORTON GROVE MUNICIPAL CODE 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 is continually in the process of reviewing and, as necessary, updating existing Municipal Ordinances; and WHEREAS, currently, Title 5, Chapter 1, Section 4 entitled, "Experimental or Temporary Regulations" allows the Chief of Police with the approval of the Village Administrator to implement experimental or emergency traffic regulation without Board approval for up to ninety (90) days with an additional ninety (90) day extension with the approval of the Village Board ; and WHEREAS, the Village Administrator is recommending this section now be updated to allow the Chief of Police and Village Administrator to allow for provisions of the various traffic ordinances of the Village to be changed for emergencies and/or special conditions on a temporary or experimental basis for a time period not to exceed one hundred eighty (180) days. 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 making the findings as hereinabove set forth. SECTION 2: Title 5, Chapter 1, Section 4 of the Municipal Code of the Village of Morton Grove is hereby amended by repealing the current Section in its entirety and replacing it with a new Title 5, Chapter 1, Section 4 entitled, "EXPERIMENTAL OR TEMPORARY REGULATIONS PROVIDED" to read as follows: 5-1-4: EXPERIMENTAL OR TEMPORARY REGULATIONS PROVIDED: The Chief of Police, with the approval of the Village Administrator is hereby empowered to make regulations necessary to effectuate the provisions of the traffic ordinances of the Village and to make and enforce temporary or experimental regulations to cover emergencies or special conditions. No such temporary or experimental regulations shall remain in effect for more than one hundred eighty (180) days. SECTION 3: The terms and conditions of this ordinance shall be severable and if any section, term, provision, or condition is found to be invalid or unenforceable by any reason by a court of competent jurisdiction, the remaining sections, terms, provisions, and conditions, shall remain in full force and effect. SECTION 4: In the event this ordinance or any Code amendment herein is in conflict with any statute, ordinance, or resolution or part thereof, the amendments in this ordinance shall be controlling and shall supersede all other statutes, ordinances, or resolutions but only to the extent of such conflict. Except as amended in this ordinance, all chapters and sections of the Village of Morton Grove Village Code are hereby restated, readopted, and shall remain in full force and effect. 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 24th day of July 2017. Trustee Grear Trustee Minx Trustee Ramos Trustee Thill Trustee Travis Trustee Witko APPROVED by me this 24th day of July 2017. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 25th day of July 2017. Eileen Scanlon Harford, Village Clerk Village of Morton Grove Cook County, Illinois