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Home My WebLink About2017-08-28 AgendaMORTON 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 August 28, 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 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 — August 14, 2017 8. Special Reports 9. Public Hearings a. Plan Commission Case PC17-16 Requests an Amendment to the Special Use Permit to Allow for the Expansion of a Daycare with Associated Parking Waivers at the Property Commonly Known as 5641-45 Dempster to be Presented by Nancy Radzevich, Community and Economic Development Director 10. Residents' Comments (agenda items only) 11. President's Report —Administration, Comprehensive Plan, Council of Mayors, Northwest Municipal Conference, Strategic Plan Committee a. Proclamation — John Crane Day — August 28, 2017 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 17-24 (Introduced August 28, 2017) (First Reading) Approving a Planned Unit Development (PUD) Comprised of 36 Attached Dwellings (townhomes) in a Total of 7 Buildings and Preliminary Plat of Subdivision on an Approximately 2.0 Acre Parcel of Land Located at the Southwest Corner of Capulina and Ferris Avenues in Morton Grove, Illinois 2) Ordinance 17-25 (Introduced August 28, 2017) (Requests Waive of Second Reading) Approving an Amendment to a Special Use Permit to Allow the Expansion of a Daycare Use with Associated Parking Waivers at 5641-45 Dempster Street, Morton Grove, Illinois 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) 15. Other Business 16. Presentation of Warrants $1,308,646.51 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 AUGUST 14, 2017 CALL TO ORDER I — Village President Dan DiMaria called the meeting to order at 7:00 pm. in the Council Chambers V. of Village Hall 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 July 24, 2017 Regular Board Meeting Minutes, Trustee Thill moved to approve the Minutes as presented, seconded by Trustee Minx. Motion passed unanimously via voice vote. VIII. SPECIAL REPORTS NONE IX. PUBLIC HEARINGS NONE X. RESIDENTS' COMMENTS (Agenda Items Only) NONE XI. PRESIDENT'S REPORT 1. Mayor DiMaria said that he and Village Administrator Czerwinski had attended the 100th anniversary event for the John Crane Company, and noted, although that the proclamation for "John Crane Asset Management Solutions Day" was listed on the Agenda, at the request of the company, the reading of this proclamation will be postponed to the next Village Board meeting on August 28, 2017. Minutes of August 14, 2017 Board Meeting XI. PRESIDENT'S REPORT (continued) 2. Mayor DiMaria said that the deadline for new Village vehicle stickers and pet licenses is fast approaching. The deadline had been extended from the end of April to the end of August. He urged people to purchase their new vehicle stickers and have them affixed to their car window by August 31. XII Clerk Harford had no report. CLERK'S REPORT XIII. STAFF REPORTS A. Village Administrator: 1. Village Administrator Czerwinski announced that the Metra railroad crossing at Lehigh and Oakton would be closed starting on August 16th for ten days. It will be completely closed as repair crews will be replacing large sections of railroad tracks. They will be working on this on weekends as well in order to minimize the length of the disruption. Detour signs will be posted on Lehigh and on Oakton to inform travelers that the crossing at Oakton and Lehigh is closed. 2. Mr. Czerwinski said that there will definitely be a second Board meeting in August (on August 28), which is a good thing, as there are development issues to be discussed. B. Corporation Counsel: Corporation Counsel Liston had no report. XIV. A. Trustee Grear: Trustee Grear had no report. B. Trustee Minx: TRUSTEES' REPORTS 1. Trustee Minx presented Ordinance 17.22, Approving a Preliminary/ Final Plat of Vacation of a 2,249 Square Foot Portion of Capulina Avenue Right -of -Way Located Immediately West of Narragansett Avenue and East of the Metra Right -of -Way. This is the second reading of this Ordinance. a. Trustee Minx said the Village had requested that this portion of right-of-way be vacated as it will be incorporated into the overall redevelopment plan for the municipally -owned properties south of Capulina and west of Ferris, collectively known as "Site B" in the Village's Lehigh -Ferris Framework Plan. The vacated property has been declared "surplus" by Village staff. 2 XIV. TRUSTEES' REPORTS (continued) B. Trustee Minx: (continued) b. The proposed vacated right-of-way will be utilized to provide a much-needed visitor parking lot for a 36 -unit townhome Planned Unit Development being proposed by Lexington Homes. c. Trustee Minx said the Plan Commission unanimously recommended approval of this request. She then moved to adopt Ordinance 17-22, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. Tr. Grear Tr. ThiII gyg gyg Tr. Minx Tr. Travis gys Tr. Ramos Tr. Witko gya gig C. Trustee Ramos: Trustee Ramos had no report. D. Trustee Thill: Trustee Thill had no report, but asked Mr. Czerwinski if alternate routes would be posted for the Oakton-Lehigh railroad crossing closure or if temporary "No Left Turn" signs would be posted at Lehigh and Oakton. Mr. Czerwinski said he would talk with Trustee Thill after the meeting. E. Trustee Travis: 1. Trustee Travis said the Community Relations Commission's community -wide garage sale went very well this past weekend. 115 households participated! 2. Trustee Travis encouraged everyone to attend a 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, with pre -fest activities taking place at the Farmers' Market. She urged everyone to come and help lift up and spread hope for continued harmony in the Village, and beyond. 3, Trustee Travis announced that artists in Music, Dance and Poetry are welcome to submit their works for the next Morton Grove Community Artists Performance. The goal is to embrace and showcase local talent in celebrating our Village's artistic diversity. Professional and pre - professional musicians, dancers and poetry artists are invited to submit their works for the 3rd Morton Grove Community Artists Performance. The performance, which will take place on Sunday, October 15 at 4:00 pm at the American Legion Civic Center, showcases local talent, celebrates artistic diversity, and is free to the public. 3 Minutes of August 14, 2017 Board Meeting XIV. E. Trustee Travis: (continued) TRUSTEES' REPORTS (continued) a. The submission deadline for performers is September 1, 2017. Selected performers will be announced on September 8, 2017. The Fall Community Artist Performance is being produced by Identity, a Morton Grove based, 501(c)(3) nonprofit performance arts organization. For more information, check the Village's website or contact Ginny at ginny@identityperformingarts.org or 847.707.0931. 4. Trustee Travis said that the Community Relations Commission's Summer Photo Contest will end on September 4. She encouraged people to post pictures of the fun summer activities they participated in; noting that up to five photos can be submitted to crc@mortongroveil.org or by dropping them off at Village Hall. F. Trustee Witko: 1. Trustee Witko presented for a first reading Ordinance 17-23, Amending Title 5, "Motor Vehicles and Traffic," Chapter 4, Entitled "Rules of the Road," and Title 1, Chapter 4 of the Municipal Code, Entitled "Penalties" to Adopt the Illinois Vehicle Code. a. She explained that this Ordinance will incorporate the entire Illinois Vehicle Code (IVC) as provisions of the Village Code. In the past, the Village had adopted certain provisions, but not all, as ordinance violations. Recently, the Cook County State's Attorney advised the Village it will no longer prosecute certain provisions of the IVC, including violations relating to persons driving on a suspended or revoked driver's license. By adopting the IVC, Village Prosecutors will be allowed to prosecute any violation of the IVC occurring within the Village. Most violations of the IVC will continue to be prosecuted in the Second District Municipal Court House in Skokie, and will have the same penalties as provided in the IVC, including incarceration. Convictions of moving offenses will continue to be reported to the Secretary of State's office and made part of the violator's permanent record. The Village will continue to prosecute certain minor traffic offenses as part of the Village's Local Adjudication Hearing system. Penalties for these offenses typically result in a fine and are not made part of the person's permanent driving record. b. Trustee Witko said that the State's Attorney has indicated that it could cease prosecutions as early as August 1st, so a waiver of the Second Reading was in order. Trustee Witko therefore moved, seconded by Trustee Minx, to waive the second reading for Ordinance 17-23. Motion passed: 6 ayes, 0 nays. Tr. Grear Tr. Thill Eyg gig Tr. Minx Tr. Travis Lyg Tr. Ramos Tr. Witko Trustee Witko moved to adopt Ordinance 17-23, seconded by Trustee Travis. Motion passed: 6 ayes, 0 nays. Tr. Grear Tr. Thill Lys yQ Tr. Minx Tr. Travis gyg gig Tr. Ramos Tr. Witko gyg gyg gys 4 XV. XVI. XVII. XVIII Minutes of August 14, 2017 Board Meeting OTHER BUSINESS Mayor DiMaria noted that many schools have already started back in session, and encouraged all drivers to be extra careful on the roads and especially around school bus stops. WARRANTS Trustee Travis presented the Warrant Register for August 14, 2017, in the amount of $964,976.39. She moved that the Warrants be approved as presented. Trustee Thill seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. Grear ty2 Tr. Minx aya Tr. Ramos an Tr. Thill kye Tr. Travis aye Tr. Witko aye RESIDENTS' COMMENTS NONE ADJOURNMENT Trustee Minx moved to adjourn the meeting, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. Tr. Grear Tr. Thill Tr. Minx Tr. Travis The meeting adjourned at 7:12 p.m. Tr. Ramos aye Tr. Witko a� 5 inutes of August 14, 2017 Board Meeting PASSED this 28th day of August, 2017. Trustee Grear Trustee Minx Trustee Ramos Trustee Thill Trustee Travis Trustee Witko APPROVED by me this 28th day of August, 2017. Daniel P. DiMaria, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 29th day of August, 2017. Eileen Scanlon Harford, Village Clerk Village of Morton Grove, Cook County, Illinois Minutes by: Teresa Causer 6 Community & Economic Development Department ,- Ste, Gc MORTON GROVE Incredibly Close 4 Amazingly Open To: Village President and Board of Trustees From: Steven Blonz, Chairperson, Plan Commission Nancy Radzevich, AICP, Community and Econo is Development Director ,yollt/ Dominick A. Argumedo, AICP, Zoning Administrator/Land-Use Planner Date: August 22, 2017 Re: PC 17-16 — 5641-5645 Dempster Street (Poko Loko) Request for an Amendment to a Special Use Permit (Ord. 14-07) to Expand an Existing Daycare Use, with Associated Parking Waivers, in accordance with Sections 12-4-3:D and 12-7-3 of the Unified Development Code (Ordinance 07-07). Commission Report Public Notice The Village of Morton Grove provided Public Notice for the August 21, 2017 Plan Commission public hearing for PC 17-16 in accordance with the Unified Development Code. The Pioneer Press published the public notice on August 2, 2017, and the Village notified surrounding property owners via mail on August 4, 2017 and placed a public notice sign on the subject property on August 11, 2017. Property Background The subject property is improved with a 14,324 sq. ft. commercial building and a 19 space parking lot, and is zoned C1 General Commercial District. The building currently has two commercial tenant spaces. Poko Loko Early Learning Center ("Poko Loko") occupies the 8,840 sq. ft. space at 5645 Dempster Street, while the 5,484 sq. ft. tenant space at 5641 Dempster Street is currently vacant. Overview of the Application David Clatch, the owner of Poko Loko ("Applicant"), and Randy Israel, property owner ("Property Owner"), filed for and were granted a Special Use Permit by the Village Board for a Daycare use at 5645 Dempster, in accordance with Section 12-4-3:D. on April 28, 2014, 2015 (Ord. 14-07). With the recent vacancy of the adjacent tenant space, the Applicant and Property Owner have filed an application to amend the existing Special Use Permit to allow the expansion of the daycare facility into the adjacent commercial space at 5641 Dempster. The application also includes parking waivers, as needed, per Section 12-7-3. The Applicant proposes to convert the 5641 Dempster space into three (3) new classrooms, additional indoor recreation space, and storage space for operations. With the additional 5,484 sq. ft. of space, Illinois Department of Child and Family Services (DCFS) has approved Poko Loko for a total capacity of up 144 students and an associated staff increase to 21. Based on the expected number of part time students, Poko Loko anticipates operating at with up to 125 students at any given time. The Applicant is proposing to maintain the same hours of operation for the expanded facility: Monday through Friday 6:30AM-6:OOPM, and service the same age range of children, six weeks to 5 years old. Per Section 12-7-3-B of the Unified Development Code, "For special uses, the proposed parking standards identified in subsection 1, "Required Spaces By Use'; of this section, shall be advisory only. The final parking required for each special use shall be decided by the village board 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 required parking per the Unified Development Code for Poko Loko occupying the entire 5641-5645 Dempster Street building is 48. As required, a traffic impact study prepared by Gewalt Hamilton Associates, Inc. (GHA), dated June 12, 2017 — REV'd: July 12, 2017 & August 21, 2017, was submitted with the special use application. GHA also prepared the 2014 traffic impact study submitted with Poko Loko's original special use permit application. August 21, 2017 Public Hearing Dominick Argumedo, Zoning Administrator/Land Use Planner, introduced the case and summarized the Plan Commission staff report dated August 17, 2017, which was entered, in its entirety, into the public record. (Attachment 1). After completing his presentation, Chairperson Blonz asked if commissioners had any questions. Commissioners had no questions for Mr. Argumedo. Chairperson Blonz then called the applicants to testify. Mr. Clatch and Lynn Means, Senior Transportation Engineer with GHA, were sworn in. Mr. Clatch provided an overview of the application and his proposed operations. Chairperson Blonz asked if there were any questions from the Commissioners. Commissioner Farkas asked if the Applicant planned to share any of their on-site parking spaces with All Inn, located at 5705-5707 Dempster Street. The Applicant responded that there were no plans to share any of their on-site parking with any other business in the area. Chairperson Blonz asked for a clarification of various charts within the submitted traffic study. Ms. Means provided clarification pertaining to appendix and chart layouts, and how information was gathered and analyzed. Ms. Radzevich noted that the specific question regarding reference to "40 students and 6 staff' represents the projected increase over the existing levels. Specifically, Poko Loko is currently licensed by DCFS for up 104 students, but has a typical maximum occupancy of 85 students and with the expansion, they will be licensed for up to 144 students and project a maximum capacity of 125 students — in both cases there is a project increase of 40 students. The staffing will be increased to 21 from 15 to accommodate the student increase. GHA further noted that because they had actual data from existing conditions, their projects were focused on an increase of 40 students and 6 staff. After reviewing some more details of the parking analysis, Commissioner Blonz asked Ms. Means to summarize her conclusions as to the feasibility of Poko Loko's expansion being served by the existing parking. Ms. Means stated that upon an analysis of site observations, industry standards, review of Poko Loko attendance figures, previous projections, and expected rate of turnover due to the nature of the business there would be adequate parking on site and utilizing the immediately adjacent public parking along the east side of Major Avenue to meet expected demand. In addition, the Applicant had a previous parking plan to accommodate any demand beyond available parking spaces, which they had not needed to implement for the existing facility. Ms. Means stated that the proposed expansion would not provide any negative impact on residents to the rear and neighboring businesses. Chairperson Blonz asked for public testimony. Hearing none, he asked for a motion. Commissioner Farkas moved to approve Case PC 17-16, request for an amendment to a Special Use Permit, Ordinance 14-07, for a Daycare use and establish the required number of parking spaces at 19, in accordance with Section 12-4-3:D, at 5641-5645 Dempster Street, Morton Grove, IL, with the conditions as submitted in the August 17, 2017 staff report. Commissioner Gabriel seconded the motion. The motion passed unanimously 6-0 (Shimanski absent). rnthtrnatinn Village of Morton Grove WHEREAS, John Crane, Inc., the largest division of Smiths Group, is celebrating its 100th year anniversary as a leader in rotating equipment solutions, supplying engineered technologies and services to process industries; and WHEREAS, this legacy dates back to 1917 with the creation of Crane Packing Company which was named for one of the company's original founders; and WHEREAS, in 1949, the company designed the world's first automotive mechanical seal and later revolutionized sealing technology with its numerous innovations; and WHEREAS, in 1950, Crane Packing purchased 26 acres of land in Morton Grove. Construction began on the company's offices the next year and continued until the main office, laboratory, and cafeteria were completed in 1956. Today, the Morton Grove facility is comprised of five manufacturing buildings totaling 453,000 square feet; and WHEREAS, in the 1990s, the company developed non -contacting sealing technology for pumps that handle environmentally sensitive liquids and as such retained its standing as a leading manufacturer in their field; and WHEREAS, 1998, they acquired three additional companies which extended the company's global reach and project portfolio as well as expanded their workforce to over 6,000 employees; and WHEREAS, each year John Crane offers mechanical packing and gasket products upon which the company has built its success; and each year it should also be noted they manufacturer some 238,900 miles of braided packing along with flat gaskets and live -load packing for valves; and WHEREAS, they continue to develop innovations needed for mission critical rotating equipment and challenging environments by utilizing the latest technology; and WHEREAS, John Crane's experience and technical expertise keeps global industries ready to meet the ever-changing needs for today and tomorrow; and WHEREAS, John Crane is currently the largest employer in Morton Grove with over 600 employees and is a valued community partner and stakeholder. NOW, THEREFORE, we, the Village Board of Trustees and residents of the Village of Morton Grove on this auspicious occasion do hereby proclaim August 28, 2017, as JOHN CRANE DAY and embrace this relationship and the continued success of John Crane. In witness hereof, I have hereunto set my hand and caused to be affixed the seal of the Village of Morton Grove Daniel P. DiMaria, Village President Legislative Summary Ordinance 17-24 APPROVING A PLANNED UNIT DEVELOPMENT (P.U.D.) COMPRISED OF 36 ATTACHED DWELLINGS (TOWNHOMES) IN A TOTAL OF 7 BUILDINGS AND PRELIMINARY PLAT OF SUBDIVISION ON AN APPROXIMATELY 2.0 ACRE PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER OF CAPULINA AND FERRIS AVENUES IN MORTON GROVE, IL Introduction: Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend: Second Reading: Special Consider o Requirements: Submitted by: Prepared by: August 28, 2017 To approve a Planned Unit Development for 36 townhomes in 7 buildings, with 89 parking spaces (72 garage spaces and 17 guest parking spaces), and approve a special use permit for density of 18 units/acre, a waiver to maximum permitted lot coverage, and a preliminary plat of subdivision, for a 2+/- acre site located at the southwest corner of Ferris and Capulina Avenues. Lexington Homes ("Applicant") is seeking approval of a Planned Unit Development (PUD) consisting of 36 attached dwellings (townhomes) in a total of 7 buildings, with a special use to allow the density to be 18 units per acre (Sec. 12-5-7:E). Each unit will be 1,800-2,000 sq. ft., with 2-1/2 floors of living space and a 2 -car garage. The Applicant is providing seventeen (17) additional on-site visitor parking spaces and will construct six (6) street parking spaces on the south side of Capulina Avenue, immediately north of the site. The proposed development complies with all of the dimensional controls except the 65% maximum permitted lot coverage and, as such, the Applicant is seeking a waiver to allow for up to 80% lot coverage. In addition, the applicant proposes to subdivide the property into eight (8) lots. Seven (7) lots will each contain a townhome building, to allow for units to be sold as "fee simple" units, while the eighth lot will include all remaining common space. The creation of new lots around each building requires some technical waivers to dimensional controls, however the overall development complies with the setback requirements for townhomes. The Applicant hired Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA) to complete a traffic and parking impact statement, per Section 12-7-3B. Based on observations and analysis, KLOA concluded there would be negligible traffic impacts and the proposed 89 on-site parking spaces, along with available area street parking, should accommodate the parking demand. In accordance with Section 12-16-4A.2, the application was reviewed by Village departments and required commissions. The Applicant filed a similar application in the summer of 2016 and, pursuant to Section 12-16-4:A.2, the Appearance Commission reviewed and voted unanimously to grant an Appearance Certificate at their on August 1, 2016. Because the design of the buildings and proposed landscape plan for the current application are substantially the same, the Chairperson of the Appearance Certificate waived re -review by the Commission and recommended the Appearance Certificate be carried forward for this application. The Traffic and Safety Commission reviewed the Application at their June 1, 2017, meeting and supported the project with specified conditions. Based on the application, supporting documents, and testimony presented at the June 19, 2017, Public Hearings and the recommendations from the Appearance and Traffic Safety Commissions, the Plan Commission voted 5-0 (Gillespie and Khan absent) to recommend approval of this application with conditions. This special use permit and associated subdivision will not become effective until the Applicant purchases the property from the Village, at a mutually agreed price. Community and Economic Development N/A N/A Community and Economic Development in the normal course of business. Approval as presented September 11, 2017 Reviewed by age' istrarr Teresa Hoffman Liston, C..o •tion Counse ORDINANCE 17-24 APPROVING A PLANNED UNIT DEVELOPMENT (P.U.D.) COMPRISED OF 36 ATTACHED DWELLINGS (TOWNHOMES) IN A TOTAL OF 7 BUILDINGS AND PRELIMINARY PLAT OF SUBDIVISION, ON AN APPROXIMATELY 2.0 ACRE PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER OF CAPULINA AND FERRIS AVENUES IN 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, the Village owns property consisting of approximately 2.0 acres of land, located at the southwest corner of Capulina and Ferris Avenues with the 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, collectively known as "Site B", per the adopted Lehigh Ferris Framework Plan (Ordinance 09-01), and 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, vacated pursuant to Ordinance 17-22, collectively known as the "Subject Property") are located in the CR Commercial/Residential District; 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, Section 12-6-3:D of the Unified Development Code allows a planned unit development to be located in the C/R Commercial Residential District for sites larger than one acre; and WHEREAS, Lexington Homes ("Applicant") is negotiating the purchase of the Subject Property from the Village of Morton Grove and is seeking approval of a Planned Unit Development (PUD) in order to construct 36 attached dwellings (townhomes) in a total of 7 buildings; and WHEREAS, in addition to providing the two required parking spaces per dwelling unit within the individual unit garages, the Applicant is also proposing to construct 17 on-site visitor parking spaces in order to minimize any potential parking impact on adjacent public streets; and WHEREAS, to help further mitigate any potential parking impact on adjacent public streets, the Applicant will also construct 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; and WHEREAS, as part of their PUD application, the Applicant is seeking approval of a special use permit to allow for increased density from 16 units per acre to 18 units per acre, per Section 12- 5-7:E; and WHEREAS, the proposed development complies with all of the dimensional controls for attached dwellings in the C/R District except for the maximum permitted lot coverage and, as such, the Applicant has included a requested waiver of the 65% maximum allowed lot coverage, per Section 12-5-7:C, to allow for up to 80% lot coverage; and WHEREAS, the Applicant is seeking the waiver to the lot coverage requirement due in part to additional residential units, which they added to help offset some of the extraordinary costs associated with the development of this site, and the added impervious surfaces associated with the 17 on-site visitor parking spaces, which are not required by Code but were requested by the Village in response to concerns raised by area residents with respect to existing street parking challenges within this neighborhood; and WHEREAS, in conjunction with the proposed Planned Unit Development application, the Applicant has filed for approval of a preliminary plat of subdivision to create seven (7) individual lots around each of the seven townhome buildings and an eighth lot, which would encompass all the common space for the development including driveways, detention areas, etc.; and WHEREAS, the Applicant proposes the new subdivision to allow for the sale of the townhomes as "fee simple ownership," while remaining in compliance with the Plat Act of the Illinois Compiled Statutes [76 ILCS 204, sec. 1(a)]; and WHEREAS, while the creation of these individual building lots necessitates some additional technical relief from the dimensional controls established for townhome developments, these waivers are strictly technical in nature and do not affect the compliance of the overall development plan with the required setbacks for attached dwellings in the C/R District; 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, in accordance with Section I2 -7-3:B of the Village Code, the Applicant submitted a traffic and parking study, "Summary Traffic and Parking evaluation Proposed Townhome Development," prepared by Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA) , dated May 24, 2017, revised June 12, 2017, which includes an analysis of the projected parking and traffic demand associated with the proposed use; and WHEREAS, based on their observations, along with traffic and parking industry standards, KLOA concluded the 89 on-site parking spaces are adequate for the parking demand of the proposed 36 -unit townhome development, and WHEREAS, when evaluating the potential traffic impacts of this proposed development, KLOA factored in the projected future traffic associated with other area developments currently under construction, including the restaurant at 6415 Dempster and the three -unit attached dwelling development at the northeast corner of Ferris and Capulina Avenues, and based on all the data gathered and industry standards, KLOA concluded the amount of vehicle trips generated by the proposed 36 unit townhome development would have low impact on the surrounding roadway system; and WHEREAS, in accordance with Section 12-16-4 of the Unified Development Code, the Traffic Safety Commission (TSC) reviewed the application at their June 1, 2017, meeting and unanimously supported this project with specified conditions; and WHEREAS, the Applicant had filed a similar application for a townhome development in the summer of 2016 and, in accordance with Section 12-16-4A.2, the Appearance Commission reviewed and voted unanimously to grant an Appearance Certificate on August 1, 2016; and WHEREAS, because the design of the facade of the buildings and the proposed landscaping plan for the current application are substantially the same, the Chairperson of the Appearance Certificate waived re -review by the Commission and recommended the Appearance Certificate be carried forward for this application; 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 time 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 14, 2017, a copy of which is attached hereto and made a part hereof and marked as Exhibit "A"; and WHEREAS, the Corporate Authorities have determined a residential planned unit development (PUD) comprised of 36 attached dwellings (townhomes) in a total of 7 buildings at the southwest corner of Capulina and Ferris Avenues be approved subject to the conditions and restrictions as set forth herein. WHEREAS, the Corporate Authorities of the Village of Morton Grove have considered the Plan Commission's recommendation and approves the preliminary plat of subdivision, with associated waivers, to create 7 lots for each of the proposed townhome buildings and an 8th lot for the common space, in accordance and conjunction with the submitted PUD application, a copy of which is attached hereto and made a part hereof and marked as Exhibit "B". 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 residential PUD comprised of 36 attached dwellings (townhomes) in a total of 7 buildings, with the associated special use permit for density and waiver to lot coverage described below, are hereby granted for the benefit of the Subject Property, 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 planned unit development. 1. Approval of a special use to allow the density to increase from 16 units to 18 units per acre, in accordance with Section 12-5-7E., to allow for a total of 36 units; 2. A wavier to the 65% maximum allowed lot coverage requirement, Section 12-5-7C., to allow for up to 80% lot coverage. SECTION 3: The special permit for the PUD and special use approval and waiver granted in Section 2 of this ordinance are contingent upon the following conditions: 1. The sale of the Subject Property by the Applicant from the Village at a mutually agreed upon price; 2. 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 Village staff, identified in this report and/or presented at the Public Hearing, including: A. Site Plan, submitted by Haeger Engineering, dated May 24, 2017; B. Fire Truck Turning Exhibit, submitted by Haeger Engineering, dated May 24, 2017; C. Lexington Walk Final Plat of Subdivision, submitted by Haeger Engineering, dated May 25, 2017 D. Lexington Walk Preliminary Engineering Plans submitted by Haeger Engineering, dated May 24, 2017 E. Sales Trailer Exhibit, submitted by Haeger Engineering, dated May 24, 2017 F. Off-site Sign Exhibit, submitted by Haeger Engineering, dated May 24, 2017 G. Preliminary Landscape Plan, submitted by Krogstad Land Design Limited, dated May 26, 2017 H. Summary of Traffic and Parking Evaluation, submitted by KLOA Inc., dated May 24, 2017, revised June 12, 2017 I. Photometric Plan, submitted by Legacy Design Inc., dated May 26, 2017 J. Colored Elevations and Floor Plans, submitted by BSB, dated May 30, 2017 K. Preliminary Stormwater Management Report, submitted by Haeger Engineering , dated May 31, 2017 L. Colored Site Plan, submitted by Krogstad Land Design Limited, dated May 26, 2017 3. 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 memorandum 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. 4. 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. 5. Prior to the issuance of any site work permits, the Applicant shall have provided a copy of all necessary approvals from the Illinois Environmental Protection Agency (IEPA) of their Remediation Action Plan (RAP) for proposed development of this site, in accordance with the approval site and preliminary engineering plans, listed in Condition 1 above. 6. Prior to the issuance of any permits, the Applicant shall submit a Construction Management Plan, including but not limited to: proposed development phasing plan, location of propose construction and silt fencing, location of proposed contractor/subcontractor parking during each phase of construction, location of material storage during each phase of construction, proposed construction vehicle access way(s); proposed truck routes to/from the site, etc. 7. Prior to the issuance of any building permits, the Applicant shall submit updated color samples and specifications for the masonry facade to ensure the proposed colors are comparable to the "red -brick" color used on the existing development to the north of the Subject Property (8630-8712 Narragansett Avenue, 101-318 Narragansett Court, and 6337- 6341 Hennings Court) and consistent with the schematic colored renderings provided to the Village Board as part of the Applicant's response to the RFQ for the redevelopment of this site. Unless otherwise specified within the final executed Redevelopment Agreement, prior to the issuances of any permits and commencement of any work, the Applicant shall have purchased the Subject Property from or have entered into a license agreement with Village to allow the Applicant to initiate only such work, specified within such license agreement. 8. The applicant shall provide an updated landscape plan, as necessary, for review and approval, to ensure 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. 9. The Applicant shall advise the Village Administrator, in writing, of any proposed change in ownership of the Subject Property during the development of the PUD and prior to completion of site improvements, landscaping, and other building and site features included in the approved PUD plans, listed in Condition 1. 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. This provision does not apply to the pre -sale or sale of the individual residential units to individual homeowners. 10. Prior to the issuance of a building permit, the Applicant shall submit the Final Plat of Subdivision and all supporting documents, in accordance with Section 12-8-3, for review. 11. The Applicant shall comply with all applicable provisions of Title 12, Chapter 8 regarding the content, submission, approval, and recording of the final plat of subdivision and such recorded plat of subdivision shall be consistent with the approved preliminary plat, dated May 5, 2017, with the following approved waivers: A. Lot 1: i. Front yard setback waiver of 12 ft. to the 15 ft. front yard setback requirement (Section 12-5-7C) ii. Side yard (west) setback waiver of 2 ft. to the 5 ft. side yard setback requirement (Section 12-5-7C) iii. Rear yard setback waiver of 5 ft. to the 5 ft. rear yard setback requirement (Section 12-5-7C) iv Lot coverage waiver of 25% to the 65% lot coverage requirement (Section 12-5-7C) B. Lot 2 i. Front yard setback waiver of 12 ft. to the 15 ft. front yard setback requirement (Section 12-5-7C) ii. Side yard (east) setback waiver of 2 ft. to the 5 ft. side yard setback requirement (Section 12-5-7C) Rear yard setback waiver of 5 ft. to the 5 ft. rear yard setback requirement (Section 12-5-7C) iv. Lot coverage waiver of 25% to the 65% lot coverage requirement (Section 12-5-7C) C. Lot 3 i. Front yard setback waiver of 12 ft. to the 15 ft. front yard setback requirement (Section 12-5-7C) ii Side yard (north) setback waiver of 2 ft. to the 5 ft. side yard setback requirement (Section 12-5-7C) iii. Rear yard setback waiver of 5 ft. to the 5 fi. rear yard setback requirement (Section 12-5-7C) iv. Lot coverage waiver of 25% to the 65% lot coverage requirement (Section 12-5-7C) D. Lot 4 i. Front yard setback waiver of 12 ft. to the 15 ft. front yard setback requirement (Section 12-5-7C) ii Side yard (south) setback waiver of 2 ft. to the 5 ft. side yard setback requirement (Section 12-5-7C) iii. Rear yard setback waiver of 5 ft. to the 5 ft. rear yard setback requirement (Section 12-5-7C) iv. Lot coverage waiver of 25% to the 65% lot coverage requirement (Section 12-5-7C) E. Lot 5 i. Front yard setback waiver of 12 ft. to the 15 ft. front yard setback requirement (Section 12-5-7C) ii. Side yard (north) setback waiver of 2 ft. to the 5 ft. side yard setback requirement (Section 12-5-7C) iii. Side yard (south) setback waiver of 2 ft. to the 5 ft. side yard setback requirement (Section 12-5-7C) iv. Rear yard setback waiver of 5 ft. to the 5 ft. rear yard setback requirement (Section 12-5-7C) v. Lot coverage waiver of 22.58% to the 65% lot coverage requirement (Section 12-5-7C) F. Lot 6 i. Front yard setback waiver of 12 ft. to the 15 ft. front yard setback requirement (Section 12-5-7C) ii. Side yard (east) setback waiver of 1 ft. to the 5 ft. side yard setback requirement (Section 12-5-7C) iii. Side yard (west) setback waiver of 2 ft. to the 5 ft. side yard setback requirement (Section 12-5-7C) iv. Rear yard setback waiver of 5 ft. to the 5 ft. rear yard setback requirement (Section 12-5-7C) v. Lot coverage waiver of 18.77% to the 65% lot coverage requirement (Section 12-5-7C) G. Lot 7 i. Front yard setback waiver of 12 ft. to the 15 ft. front yard setback requirement (Section 12-5-7C) ii. Side yard (east) setback waiver of 1 ft. to the 5 ft. side yard setback requirement (Section 12-5-7C) iii. Side yard (west) setback waiver of 2 ft. to the 5 ft. side yard setback requirement (Section 12-5-7C) iv. Rear yard setback waiver of 5 ft. to the 5 ft. rear yard setback requirement (Section 12-5-7C) v. Lot coverage waiver of 19.45% to the 65% lot coverage requirement (Section 12-5-7C) 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. 12. Prior to the issuance of any building permits and in conjunction with the submission of the Final Plat of Subdivision, 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 12-8-2B.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. SECTION 4: The Planned Unit Development, with the associated Special Use Permit for density and waiver to lot coverage are granted and the Preliminary Plat of Subdivision is approved so long as the owner, occupant and users of this property utilize the area for the purposes as herein designated. SECTION 5: 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 6: The Applicant/Owner shall comply with all requirements of the Village of Morton Grove Ordinances and Codes that are applicable. SECTION 7: Effective Date. This Ordinance shall be effective only upon the occurrence of all of the following events: A. Passage by the Board of Trustees of the Village of Morton Grove by a majority vote in the manner required by law; B. Publication in pamphlet form in the manner required by law; C. The purchase of the Subject Property, for a mutually agreed upon price, by the Applicant from the Village of Morton Grove; D. Submission of a Certificate of Good Standing to the Village Corporation Counsel by the Applicant as issued by the Illinois Secretary of State. PASSED this 11`h day of September 2017. Trustee Grear Trustee Minx Trustee Ramos Trustee Travis Trustee Thill Trustee Witko APPROVED by me this 11`h day of September 2017. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 12th day of September 2017 Eileen Scanlon Harford, Village Clerk Village of Morton Grove Cook County, Illinois EXHIBIT "A" Community 6z Economic Development Department «tom ` MORTON GROVE To: Village President and Board of Trustees From: Steven Blonz, Chairperson, Plan Commission Ov Nancy Radzevich, AICP, Community and Economic Development Director,. y_...., Dominick A. Argumedo, AICP, Zoning Administrator/Land-Use Planner I' Date: July 14, 2017 Re: Incredibly Close =C Amazingly Open 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 Morton 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. The Pian 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 close 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. 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). Community & Economic Development Department MORTON zSOW Incredibly Close Jr 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 Su tied 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 multi -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 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. I i11116 1Prinillatah allai 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 Analvsis/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 allow for 4 additional dwelling units Maximum Lot Coverage 65% maximum (Sec. 12-5-7:C) 80% 15% waiver required 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 12-5-7: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 12-8-4:8.3., 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. • r w.. VM VM.�.YGV •.VW 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 200283 acres 36 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 150/0 requested ZONING OVERVIEW- LOT 2 (Five Unit Attached Townhome Building) 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 ZONING OVERVIEW- LOT 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 90% Up to 65% (Sec: 12-5-7-C) Waiver of 25% 80%, waiver of 15% requested ZONING OVERVIEW- LOT 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 VIEW- LOT 5 (Seven Unit Attached Townhome Building). LVIILI"J �/W P 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) OVERALL PROPOSED LEXINGTON WALK DEVELOPMENT DIMENSIONAL CONTROL PROPOSED REQUIRED/ PERMITTED WAIVER/SPECIAL USE/ PUD APPROVAL FOR LOT 6 Minimum Lot Width Front Yard Setback 97.10 ft. 60 ft. (Sec: 12- 5-7-C N/A -compliant 270 ft. 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 O ft. 5 ft. (Sec: 12-5- 7-C) Waiver of 5 ft. 10 ft. Maximum Building Height Lot Coverage 34.08 ft. 40 ft. (Sec: 12- 5-7-C) N/A -compliant 33.5 ft. 83.77% Up to 65% (Sec: 12-5-7-C) Waiver of 18.77% 80%, waiver of 15% requested ZONING OVERVIEW - ZONING OVERVIEW - DIMENSIONAL CONTROL PROPOSED 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 - 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. 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.: Parking 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 12-7-3:6), 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. Parkin° 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 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 Dem 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 fagade 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 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 on/y 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 from within the units that minimizes vehicular and pedestrian conflicts within the development. D 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. D 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 incompatib/e 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, omamental 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. D The planned unit development shall be /aid out and developed as a unit in accordance with an integrated overa/I 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 intemal space. D 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 buildings 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 clad with a brick veneer front facade with stone highlighted features, with brick and siding on the side and rear facades with a shingled roof. D 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 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 susceptib/e 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 comer 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 contro/s 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 p/ans and supporting documents in the application, amended, as necessary, to comp/y 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 05/24/2017; 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 Pre/iminary Engineering Plans submitted by Haeger Engineering, dated 5/24/2017 E. Sales Trailer Exhibit submitted by Haeger Engineering, dated 5/24/2017 F. Oft -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 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 Vil/age Engineer. 4. The applicant shall provide an updated landscape p/an, 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 alter 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 responsib/e 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 responsib/e 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. 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 p/at, dated 05/25/2017, with the following approved waivers: A. Lot 1: i. Front yard setback waiver of 12 ft to the 15 ft 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) 1/1 Rear yard setback waiver of 5 ft to the 5 ft. rear yard setback requirement- (Section equirement(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) ii. Side yard (east) setback waiver of 2 ft. to the 5 R. 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) 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) N. 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 i. Front yard setback waiver of 12 fi. to the 15 ft. front yard setback requirement (Section 12-5-7:C) it Side yard (south) setback waiver of 2 ft to the 5 it 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 2546 to the 6596 lot coverage requirement (Section 12-5- 7:C) E. Lot 5 L 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 requirement (Section 12-5-7:C) 111. Side yard (south) setback waiver 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) Lot coverage waiver of 225896 to the 6596 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) it Side yard (east) setback waiver of I ft. (Section 12-5-7:C) Side yard (west) setback waiver requirement (Section 12-5-7:C) iv. Rear yard setback waiver of 5 ft. to (Section 12-5-7:C) Lot coverage waiver of 18.77% to 12-5-7:C) of 2 ft. to the 5 ft. side yard setback of 2 R. to the 5 ft side yard setback v. to the 5 ft. side yard setback requirement of 2 ft to the 5 fi: side yard setback v. the 5 1t: rear yard setback requirement the 6596 lot coverage requirement (Section 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 f side yard setback requirement (Section 12-5-7:C) Side yard (west) setback waiver of 2 ft. to the 5 1t. side yard setback requirement (Section 12-5-7:C) iv. Rear yard setback waiver of 5 >i. to the 5 ft. rear yard setback requirement (Section 12-5-7:C) v. Lot coverage waiver of 19.45% to the 6596 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) gonina Mao: ge° tg s 5 `q5 0 4 August 23, 2017 President Dan DiMaria and Members of the Village Board of Trustees Village of Morton Grove 6101 Capulina Morton Grove, IL 60053 Dear President DiMaria, Lexington has been working with the Village staff to finalize our TIF application for the Capulina and Ferris property for the past several months. As a result, we need to request an extension of the 45 day limit that is specified in Section 12-16-4:A.6 of the Village Code in terms of the Village Board acting on the recommendations of the Planning Commission. Technically, the 45 day limit will expire on Sept 7, but it is likely that the Board will not have time to act on the PC's recommendation by that time. Therefore, with this email, I am requesting that the Village Board extend the 45 day limit until October 10, 2017. That will allow sufficient time for the Village Board to act on the recommendation. Thank you for your consideration of this matter, and I await your response. Sincerely yours, Bill Rotolo, VP Lexington Homes Legislative Summary Ordinance 17-25 APPROVING AN AMENDMENT TO A SPECIAL USE PERMIT TO ALLOW THE EXPANSION OF A DAYCARE USE, WITH ASSOCIATED PARKING WAIVERS AT 5641-45 DEMPSTER STREET, MORTON GROVE, ILINOIS August 28, 2017 Introduction: Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend: Second Reading: Special Consider or Requirements Approval of an amendment to a Special Use Permit (Ord. 14-07) to allow the expansion of a Daycare use at 5645 Dempster Street into the adjacent commercial tenant space at 5641 Dempster Street and to establish the required number of on-site parking at 19 spaces. On April 28, 2014, the Board approved a special use permit to allow Poko Loko Early Learning Center ("Poko Loko") to operate a Daycare at 5645 Dempster St. for up to 100 children and to establish the on-site parking at 20 spaces for the two tenant commercial building at 5641-5645 Dempster Street (Ord. 14-07). David Clatch, the owner of Poko Loko ("Applicant") and Randall Israel, the property owner ("Property Owner"), are now seeking an amendment to expand the Daycare use to the adjacent 5641 Dempster Street commercial tenant space and allow up to 40 additional students and 6 additional staff. Poko Loko will maintain the same hours of operation, Monday -Friday 6:30AM-6:OOPM, and the same age range, six weeks to 5 years old. Although previously approved as a 20 -stall parking lot with an outdoor play area, due to site constraints, the parking facility was developed and has operated with 19 parking spaces, without incident, since Poko Loko opened in 2015. While Poko Loko will be modifying the interior of the building, there are no proposed changes to the site. In accordance with Section 12-7-3B, Gewalt Hamilton Associates, Inc.(GHA) was hired to complete a traffic and parking impact statement. Based on the operation of the business, their observations, and the analysis of a comparable facility, GHA concluded there is sufficient on-site and public parking, within the immediate area, to accommodate the peak parking demands of the expanded facility. In accordance with Section 12-16-4A.2, the application was reviewed by Village departments and required commissions. The Traffic and Safety Commission reviewed the project at their August 1, 2017, meeting and unanimously supported the project. Since there are no proposed changes to the facade, Appearance Commission review was not required. Based on the application, supporting documents, testimony presented at the August 21, 2017, Public Hearing and the recommendations from the Traffic Safety Commission, the Plan Commission voted 6-0 (Shimanski absent) to recommend approval of this application with conditions. Community and Economic Department N/A N/A The amendment will be implemented by staff in the normal course of business. Approval as presented Requests waiving of second reading — letter attached Submitted by: Prepared by: TT Reviewed by ator Teresa Hoffman Liston, poration Counsel ORDINANCE 17-25 APPROVING AN AMENDMENT TO A SPECIAL USE PERMIT TO ALLOW THE EXPANSION OF A DAYCARE USE WITH ASSOCIATED PARKING WAIVERS AT 5641-45 DEMPSTER STREET, MORTON GROVE, ILLINOIS WHEREAS, the Village of Morton Grove, located in Cook County, Illinois, is a Home Rule unit of government and under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, and as such can exercise any power and perform any function pertaining to its government affairs, including but not limited to, the power to tax and incur debt; and WHEREAS, 5641-5645 Dempster Street ("Subject Property") is improved with a 14,324 square foot commercial building, a 19 space parking lot, and an 855 square foot outdoor playground; and WHEREAS, the Subject Property is zoned in the Cl General Commercial District pursuant to the provisions of the Village of Morton Grove Unified Development Code; and WHEREAS, Section 12-4-3D of the Village of Morton Grove Unified Development Code allows a Daycare in the Cl General Commercial District pursuant to a special use permit; and WHEREAS, on April 28, 2014, pursuant to Ordinance 14-07, a special use permit application, filed by David Clatch, the owner of Poko Loko Early Learning Center ("Applicant"), and Randall Israel ("Property Owner"), to allow for a Daycare for 100 children and 15 staff within the 8,840 sq. ft. commercial tenant space at 5645 Dempster Street and to establish the overall shared parking at 20 spaces for the Subject Property was approved by the Village Board; and WHEREAS, based on their original building and site plans, the Illinois Department of Child and Family Services ("IDCFS") approved Poko Loko Early Learning Center ("Poko Loko") for a total of 104 students and granted them a waiver to allow for the use of an indoor recreational area to complement the limited outdoor recreation space; and WHEREAS, although licensed for up to 104 total students, due to the number of part-time students, Poko Loko typically has a maximum capacity of 85 students, with 15 staff; and WHEREAS, although approved with a 20 space parking facility, due to space constraints associated with the playground area and the requirements for the accessible parking space, the site was development and has been operating, without incident, with 19 parking spaces since the opening of Poko Loko in April 2015; and WHEREAS, the Applicant and Property Owner, pursuant to Plan Commission Case PC17- 16, have made proper application to the Village of Morton Grove for an amendment to the approved special use permit to allow the expansion of the approved Daycare into the adjacent 5,484 square foot commercial tenant spaces at 5641 Dempster Street; and WHEREAS, the Applicant proposes to convert the 5641 Dempster space into three (3) new classrooms, additional indoor recreation space, and accessory storage space to allow an increased enrollment of 40 additional students with 6 additional staff ; and WHEREAS, IDCFS has approved the Applicant's proposed increases in enrollment and staffing levels and has waived the requirement for additional outdoor recreational space based on the provision of additional indoor recreational space in the expanded area which will allow the Applicant to maintain the existing site configuration with 19 parking stalls; 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 August 2, 2017, written notification was sent to the property owners within 250 feet of the subject property on August 4, 2017, and signs were duly posted on the property on August 11, 2017; and WHEREAS, in accordance with Section 12-7-3B, the Applicant submitted a traffic and parking study, "Traffic and Parking Summary," prepared by Gewalt Hamilton Associates, Inc. ("GHA"), dated: June 12, 2017, Revised on July 12, 2017, and August 21, 2017; and WHEREAS, as part of their analysis, GHA observed the existing parking demands for the 19 on-site parking spaces as well as the 16 public parking spaces adjacent to the Subject Property, along either side of Major Avenue, and the 11 public parking spaces within the municipal lot at 5714 Dempster Street; and WHEREAS, based on their observations, compiled traffic/parking data and industry standards for comparable uses, in relation to how this business operates on this site, GHA concluded the 19 space on-site parking lot and surrounding public parking spaces along Major Avenue are sufficient for the expanded daycare use and, with their proposed parking management plans, should not negatively impact the surrounding residential properties or neighboring businesses; and WHEREAS, Section 12-7-3B allows the Village Board to determine the final number of parking spaces for a special use based on recommendations of the Plan Commission, staff analysis, and any other data provided to determine the appropriate number based on actual parking demand for the specific site and use; and WHEREAS in accordance with Section 12-16-4 of the Unified Development Code, the Traffic Safety Commission (TSC) reviewed the application at their August 1, 2017, meeting and unanimously supported this project; and WHEREAS, since no changes were proposed to the facade, Appearance Commission review was not required for this application per Section 12-16-2B; and WHEREAS, in accordance with the Village Code, the Morton Grove Plan Commission held a public hearing relative to the above referenced case on August 21, 2017, where all concerned parties were given the opportunity to be present and express their views for 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 August 22, 2017, a copy of which is attached hereto and made a part hereof and marked as Exhibit "A"; and WHEREAS, pursuant to the provisions of the Village of Morton Grove Unified Development Code, the Corporate Authorities have determined the proposed amendment to the special use shall be approved subject to conditions and restrictions as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forth. SECTION 2: The Applicant is hereby granted an amendment to the previously granted special use permit, pursuant to Ordinance 14-07, for an expansion of a Daycare use and to establish the required number of parking spaces at 19, in accordance with Section 12-4-3D at 5641-5645 Dempster Street, Morton Grove, IL, with 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. All conditions of Ordinance 14-07 shall remain in effect unless specifically modified by this amendment. 2. The site and 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. Main Floor Plan, prepared by Psenka Architects, dated August 10, 2017; and B. "Traffic and Parking Summary", prepared by Gewalt Hamilton Associates, Inc. dated (June 12, 2017; revised July 12, 2017 and August 21, 2017) 3. The Applicant shall file all necessary plans and supporting documents for review and approval and shall have obtained all necessary building permits prior to commencement of any construction within the 5641 Dempster Street tenant space. 4. The facility may operate with a total of 144 registered students, and typical maximum capacity of 125 students on-site at any one time and up to 21 staff on-site at any one time. 5. The Applicant shall advise the Village Administrator in writing of any of the following: A. Any proposed change in the 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 in student and/or staffing levels above those projected in the Gewalt Hamilton Associates traffic study "Traffic and Parking Summary" and/or as provided in Condition 3 above; or E. Any other changes to the building occupancy and/or site that could increase the intensity of the use and/or increase the parking demand. Such changes may require the owners, lessees, and users of 5641-5645 Dempster Street to submit an updated parking analysis, and may subject the owners, lessees, and users of 5641- 5645 Dempster Street to additional conditions that may require further amendment(s) to the special use permit. 6. The Applicant shall advise staff and patrons of all available commercial parking options in the immediate area and advise against parking in the adjacent residential neighborhoods. 7. Should the Morton Grove Police Department, Director of Community and Economic Development and/or Village Engineer be advised of any significant vehicular/pedestrian traffic and/or parking issues on adjacent public ways, related to the operation of this expanded daycare use, the Applicant shall be required to develop and submit a plan to the Village Administrator within thirty (30) days of such notice, which outlines a plan with specific ways to address such issues. Such plan shall be reviewed by the Director of Community and Economic Development, Village Engineer, and Police Chief, who will be charged with making suggested changes and/or approving such a plan. Any remedies which alter the nature of this approved use may require an amendment of the special use permit and further review by the Traffic Safety Commission. 8. The Applicant shall file all necessary plans for review and approval, and secured all necessary building permits prior to the commencement of construction. SECTION 3: The Village Clerk is hereby authorized and directed to amend all pertinent records of the Village of Morton Grove to show and designate the special use permit as amended hereunder. SECTION 4: The Applicant/Owner shall comply with all applicable requirements of the Village of Morton Grove Ordinances and Codes. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 28th of August 2017. Trustee Grear Trustee Minx Trustee Ramos Trustee Thill Trustee Travis Trustee Witko APPROVED by me this 28th day of August 2017. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 29th day of August 2017. Eileen Scanlon Harford, Village Clerk Village of Morton Grove Cook County, Illinois Community & Economic Development Department MORTON GROVE Incredibly Close u Amazingly Open To: Village President and Board of Trustees From: Steven Blonz, Chairperson, Plan Commission Nancy Radzevich, AICP, Community and Econo lc Development Director , Dominick A. Argumedo, AICP, Zoning Administrator/Land-Use Planner Date: August 22, 2017 Re: PC 17-16 — 5641-5645 Dempster Street (Poko Loko) Request for an Amendment to a Special Use Permit (Ord. 14-07) to Expand an Existing Daycare Use, with Associated Parking Waivers, in accordance with Sections 12-4-3:D and 12-7-3 of the Unified Development Code (Ordinance 07-07). Commission Report Public Notice The Village of Morton Grove provided Public Notice for the August 21, 2017 Plan Commission public hearing for PC 17-16 in accordance with the Unified Development Code. The Pioneer Press published the public notice on August 2, 2017, and the Village notified surrounding property owners via mail on August 4, 2017 and placed a public notice sign on the subject property on August 11, 2017. Property Background The subject property is improved with a 14,324 sq. ft. commercial building and a 19 space parking lot, and is zoned C1 General Commercial District. The building currently has two commercial tenant spaces. Poko Loko Early Learning Center ("Poko Loko") occupies the 8,840 sq. ft. space at 5645 Dempster Street, while the 5,484 sq. ft. tenant space at 5641 Dempster Street is currently vacant. Overview of the Application David Clatch, the owner of Poko Loko ("Applicant"), and Randy Israel, property owner ('Property Owner"), filed for and were granted a Special Use Permit by the Village Board for a Daycare use at 5645 Dempster, in accordance with Section 12-4-3:D. on April 28, 2014, 2015 (Ord. 14-07). With the recent vacancy of the adjacent tenant space, the Applicant and Property Owner have filed an application to amend the existing Special Use Permit to allow the expansion of the daycare facility into the adjacent commercial space at 5641 Dempster. The application also includes parking waivers, as needed, per Section 12-7-3. The Applicant proposes to convert the 5641 Dempster space into three (3) new classrooms, additional indoor recreation space, and storage space for operations. With the additional 5,484 sq. ft. of space, Illinois Department of Child and Family Services (DCFS) has approved Poko Loko for a total capacity of up 144 students and an associated staff increase to 21. Based on the expected number of part time students, Poko Loko anticipates operating at with up to 125 students at any given time. The Applicant is proposing to maintain the same hours of operation for the expanded facility: Monday through Friday 6:30AM-6:OOPM, and service the same age range of children, six weeks to 5 years old. Per Section 12-7-3-B of the Unified Development Code, "for special uses, the proposed parking standards identified in subsection 1, "Required Spaces By Use'; of this section, shall be advisory only. The final parking required for each special use shall be decided by the village board 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 p/an commission." The required parking per the Unified Development Code for Poko Loko occupying the entire 5641-5645 Dempster Street building is 48. As required, a traffic impact study prepared by Gewalt Hamilton Associates, Inc. (GHA), dated June 12, 2017 — REV'd: July 12, 2017 & August 21, 2017, was submitted with the special use application. GHA also prepared the 2014 traffic impact study submitted with Poko Loko's original special use permit application. August 21, 2017 Public Hearing Dominick Argumedo, Zoning Administrator/Land Use Planner, introduced the case and summarized the Plan Commission staff report dated August 17, 2017, which was entered, in its entirety, into the public record. (Attachment 1). After completing his presentation, Chairperson Blonz asked if commissioners had any questions. Commissioners had no questions for Mr. Argumedo. Chairperson Blonz then called the applicants to testify. Mr. Clatch and Lynn Means, Senior Transportation Engineer with GHA, were sworn in. Mr. Clatch provided an overview of the application and his proposed operations. Chairperson Blonz asked if there were any questions from the Commissioners. Commissioner Farkas asked if the Applicant planned to share any of their on-site parking spaces with All Inn, located at 5705-5707 Dempster Street. The Applicant responded that there were no plans to share any of their on-site parking with any other business in the area. Chairperson Blonz asked for a clarification of various charts within the submitted traffic study. Ms. Means provided clarification pertaining to appendix and chart layouts, and how information was gathered and analyzed. Ms. Radzevich noted that the specific question regarding reference to "40 students and 6 staff" represents the projected increase over the existing levels. Specifically, Poko Loko is currently licensed by DCFS for up 104 students, but has a typical maximum occupancy of 85 students and with the expansion, they will be licensed for up to 144 students and project a maximum capacity of 125 students — in both cases there is a project increase of 40 students. The staffing will be increased to 21 from 15 to accommodate the student increase. GHA further noted that because they had actual data from existing conditions, their projects were focused on an increase of 40 students and 6 staff. After reviewing some more details of the parking analysis, Commissioner Blonz asked Ms. Means to summarize her conclusions as to the feasibility of Poko Loko's expansion being served by the existing parking. Ms. Means stated that upon an analysis of site observations, industry standards, review of Poko Loko attendance figures, previous projections, and expected rate of turnover due to the nature of the business there would be adequate parking on site and utilizing the immediately adjacent public parking along the east side of Major Avenue to meet expected demand. In addition, the Applicant had a previous parking plan to accommodate any demand beyond available parking spaces, which they had not needed to implement for the existing facility. Ms. Means stated that the proposed expansion would not provide any negative impact on residents to the rear and neighboring businesses. 2 Chairperson Blonz asked for public testimony. Hearing none, he asked for a motion. Commissioner Farkas moved to approve Case PC 17-16, request for an amendment to a Special Use Permit, Ordinance 14-07, for a Daycare use and establish the required number of parking spaces at 19, in accordance with Section 12-4-3:D, at 5641-5645 Dempster Street, Morton Grove, IL, with the conditions as submitted in the August 17, 2017 staff report. Commissioner Gabriel seconded the motion. The motion passed unanimously 6-0 (Shimanski absent). Poko Loko School 5645 Dempster Road • Morton Grove, IL • 60053 Phone: 847-966-8131 • Fax: 847-966-8113 www.PokoLokoChildCare.com Mayor DiMaria and the Village Board, 8-23-17 On behalf of Poko Loko School, Inc., I would like to request a waiver of the second reading. • Poko Loko has had a good relationship with our surrounding neighborhood as well as the village since we opened in April, 2015. • No one at the Commissioner's Meeting voiced an opposition to our business or our proposed expansion. • I have been working with village staff, in particular, Dominick Argumedo, for many months on this expansion proposal. • I have submitted plans that are currently under review and an expedited approval will assist me in moving the project forward and filling a vacant commercial property. Sincerely, David Clatch Owner Low e RESPECT -. DREAM 'BUILDING Too SATE CHEERFUL WARM . OUR PROMISE To You