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HomeMy WebLinkAbout2017-09-11 Agendamoi/ �. �r`� MORTON GROVE Incredibly Close .t• Amazingly Open VILLAGE BOARD OF TRUSTEES REGULAR MEETING NOTICE/AGENDA TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER SCANLON CONFERENCE ROOM September 11, 2017 6:00 pm (The hour between 6.•00 and 700 pm is set aside for Executive Session per I -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 — Village Property and Personnel Matters 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 28, 2017 8. Special Reports a. Announcement of the Community Relations Commission's 2017 Summer Photo Contest Winners 9. Public Hearings 10. Residents' Comments (agenda items only) 11. President's Report —Administration, Comprehensive Plan, Council of Mayors, Northwest Municipal Conference, Strategic Plan Committee 12. Clerk's Report — Condominium Association, Strategic Plan Committee 13. Staff Reports a. Village Administrator 1) Resolution 17-38 (Introduced September 11, 2017) Authorizing the Approval and Assignment of a Contract for the Purchase of Real Estate by the Morton Grove -Niles Water Commission for a Water Pumping and Storage Facility and the Expenditure of Village Funds to Pay for the Village of Morton Grove's Share of the Financial Obligations for Said Purchase 2) 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) (Second 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) Resolution 17-39 (Introduced September 11, 2017) Authorizing the Execution of a Contract with Brothers Asphalt Paving, Inc. for the 2017 Street Patching Program 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) 14. Reports by Trustees (continued) e. Trustee Travis — Community Relations Commission, Dempster Street Corridor Plan, Finance Advisory Commission, Finance Department (Trustee Ramos) 1) Ordinance 17-26 (Introduced September 11, 2017) (First Reading) Amending Title 5, Chapter 3 of the Municipal Code Entitled "Vehicle Licenses" and Title 6, Chapter 4 Entitled "Animal Control" 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 $655,790.14 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 28, 2017 < ' CALL TO ORDER/PLEDGE OF ALLEGIANCE Village President Daniel P. DiMaria called the meeting to order at 7:OOpm in the Richard T. Flickinger Municipal Center Council Chambers. After leading the assemblage in the Pledge of Allegiance, he directed the Clerk to call the roll. ROLL CALL Village Clerk Scanlon Harford called the roll. Present were: Trustees Bill Grear, Rita Minx, Ed Ramos, John Thill, Connie Travis, and Janine Witko. III. APPROVAL OF MINUTES Regarding the Minutes of the August 14, 2017, Regular Board Meeting, Trustee Thill moved, seconded by Trustee Witko, to accept the minutes as presented. There being no questions or concerns, a motion to approve the minutes passed unanimously via voice vote. IV. SPECIAL REPORTS a. Plan Commission Case PC17-16 requests an amendment to the special use Per- mit to allow for the expansion of a daycare with associated parking waivers at the property commonly known as 5641-45 Dempster. Community and Economic Development Director Nancy Radzevich reported on this case. She noted public notice was given, and on August 21, 2017, this case appeared before the Plan Commission. The subject property is improved with an existing 14,324 sq. ft. commercial building and a 19 space parking lot which is zoned C1 in the General Commercial District. Cur- rently Poko Loko Early Learning Center occupies a 8,840 sq. ft. space at 5645 Demp- ster and the contiguous building contains 5,484 sq. ft. at 5641 Dempster, which is cur- rently vacant. The applicant proposes to convert this vacant space into three new classrooms, additional indoor recreational space, and storage space for operations. The Illinois Department of Child and Family Services has already approved Poko Loko for a total capacity of up to 144 students with an associated staff of 21. Poko Loko has successfully operated since 2015 without incident at this location. Currently it antici- pates operating at a total capacity of 125 students at any given time. The same hours of operation for the expanded facility will remain as the current — Monday through Fri- day 6:30am to 6:OOpm and service the same age range of between 6 weeks to 5 years old. Ms. Radzevich then stated the applicant's parking feasibility study showed the analysis of the parking to be adequate on site and utilizing the adjacent public parking along the east side of Major Avenue would help to alleviate any possible demand be- yond what was available in the lot. It is anticipated the expansion will not provide any negative impact on residents to the rear or to the neighboring businesses. At the con- clusion of the report, Ms. Radzevich stated there were no questions from the public or the Plan Commission and the case is being unanimously recommended for approval with conditions which are outlined in the Ordinance, which will be presented later this Minutes of August 28, 2017, ":Board Meeting V. VI. VII. evening. PUBLIC HEARINGS There was no public hearing held this evening. RESIDENTS' COMMENTS (Agenda Items Only) There were no residents' comments on Agenda Items this evening. PRESIDENT'S REPORT a. Mayor DiMaria presented a Proclamation proclaiming August 28, 2017, as "John Crane Day" in the Village. He stated John Crane, Inc. is celebrating its 100th year anniversary as a leader in supplying engineered technologies and services to process industries. Today they manufacture 238,900 miles of braided packing along with flat gaskets and live -load packing for valves each year. They continue to develop innovations needed for mission critical rotating equipment and challenging environments by utilizing the lat- est technologies. Because of their work, global industries around the world are ready to meet their ever challenging -changing needs not only for today but for tomorrow. John Crane is the largest employer in Morton Grove with more than 600 employees. Mayor DiMaria saluted John Crane for their innovations and congratulated them on being a valued community partner and stakeholder in the Village. Ms. Tara Kandra, Human Resource Manager for John Crane, was present representing the company. She stated she had been with the company for more than 17 years and that the Morton Grove site was their largest site. Ms. Kandra stated she is pleased they are also a part of the Mor- ton Grove Chamber and appreciate being a community partner. Mayor DiMaria pre- sented the proclamation to Ms. Kandra and photographs were taken. Mayor DiMaria then did a quick summary of upcoming events and relevant dates that the Village Board and residents should be aware of: • Village vehicle stickers for the 2017/18 year are now being sold and are due August 31, 2017. He reminded everyone to make sure they have their vehicle stickers pur- chased and installed by that date. • Mayor DiMaria asked everyone to support the Morton Grove Farmers' Market and if possible be a "Friend of the Market". Their website is http://mqfarmersmarket.com/marketfriends. c. Mayor DiMaria then acknowledged two Park Board members in the audience. He thanked Commissioner Minx and White for their help with the recent Assyrian Food Festival which was held this past weekend. d. Mayor DiMaria stated Mark Silas passed away today. He was known by many as the face of AFLAC insurance. He served on the Chamber Board and was always interested in improving businesses in the community. His smiling face will be missed. VIII. CLERK'S REPORT Clerk Scanlon Harford had no formal report; however, she stated she had attended the Con- dominium Association meeting on August 23, 2017. The Fire and Police Departments dis- cussed not only property safety but Chief Rodgers reviewed the cost of emergency elevator calls as well as informed residents, the department offers fire drills for condominium buildings. 2 IX. X. Minutes of August 28 2017 Board Meeting On September 5 the 911 alert testing will take place and all Village residents not only condo- minium residents should be aware of this call. Residents were also reminded by the Police Department to always lock their vehicles even in their parking garage. It was also announced this year's Toys for Tots program will begin on November 22, 2017. STAFF REPORTS a. Village Administrator The Village Administrator had no formal report. b. Corporation Counsel Corporation Counsel had no formal report. REPORTS BY TRUSTEES a. Trustee Grear Trustee Grear had no report. b. Trustee Minx 1) Trustee Minx presented Ordinance 17-24 approving a Planned Unit Devel- opment (PUD) comprised of 36 attached dwellings (townhomes) in a total of seven 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 for a First Reading. Trustee Minx noted the purpose Lexington Homes was seeking approval of a Planned Unit Develop- ment. Trustee Minx read aloud a letter which requested an extension to the 45 day limit (expires on September 7) specified in Section 12-16-4A.6 of the Vil- lage's Municipal Code regarding the Village Board acting on the recommenda- tions of the Plan Commission. Since the Village Board will not have time to act on this recommendation within that time frame, the developer is asking for an extension until October 10. There being no questions or concerns regarding the extension, Trustee Minx made a motion to extend the 45 day limit to October 10, 2017. Trustee Grear seconded the motion. A roll call vote was taken: Tr. Grear aye Tr. Minx aye Tr. Ramos aye Tr. Thill aye Tr. Travis aye Tr. Witko aye Motion passed: 6 ayes, 0 nays, 0 absent Trustee Minx then noted this development complies with all of the dimensional controls except the 65% maximum permitted lot coverage and as such the appli- cant is seeking a waiver to allow for up to 80% lot coverage. Parking will have a negligible impact on the neighborhood due to not only the on-site parking for owners and visitors but six additional on -street parking spaces being constructed on the south side of Capulina Avenue. As noted in the Plan Commission report previously presented to the Village Board on July 24, 2017, with positive recom- mendations from the Traffic Safety Commission and the Appearance Commis- sion, the Plan Commissioners unanimously recommend this development per PC17-14. 3 Minutes of August 28, 2017, Board Meeting This is a First Reading of this ordinance so no action was taken by the Village Board. 2) Trustee Minx then presented 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 for a First Reading. She noted this project will allow approval of an amendment to the original special use per- mit (Ord 14-07) which allows for the expansion of the existing daycare into the adjacent commercial tenant space at 5641 Dempster. This will allow up to 40 additional student and six additional staff members on the site. This daycare will maintain the same hours of operation from 6:30am to 6:OOpm Monday through Friday along with the same age range from six weeks to five years old. As pre- viously noted this evening in the Plan Commission report (PC17-16 with condi- tions as outlined in the Ordinance), the commissioners unanimously recommend the approval of this project. The owner of the daycare center, Mr. David Clatch has written a letter (attached to Ord 17-25) requesting the Board consider waiv- ing the second reading of this ordinance so this project can move forward quick- ly. Trustee Minx then made a motion to waive the second reading of Ordinance 17- 25. Trustee Grear seconded the motion. A roll call vote was taken: Tr. Grear aye Tr. Minx aye Tr. Ramos aye Tr. Thill aye Tr. Travis aye Tr. Witko aye Motion passed: 6 ayes, 0 nays, 0 absent There being no additional discussion, Trustee Minx then moved to approve Or- dinance 17-25. Trustee Thill seconded the motion. There being no comments or concerns, a roll call vote was taken: Tr. Grear aye Tr. Minx aye Tr. Ramos aye Tr. Thill aye Tr. Travis aye Tr. Witko aye Motion passed: 6 ayes, 0 nays, 0 absent c. Trustee Ramos Trustee Ramos had no report. d. Trustee Thill Trustee Thill had no report. e. Trustee Travis Trustee Travis had no formal report; however she reported the: • Submission deadline for the open call for the Fall Morton Grove Community Artists Performance will be September 1. Selected performers will be announced on Sep- tember 8 with the performances scheduled for 4:OOpm on Sunday, October 15 at the American Legion Memorial Civic Center. 4 Minutes of August 28 2017 Board Meeting • The Summer Photo Contest is wrapping up. Photos must be submitted by Septem- ber 4, 2017. Trustee Travis thanked everyone for their photo submissions in keep- ing with the Village's tagline "Incredibly Close — Amazingly Open". f. Trustee Witko Trustee Witko had no report. OTHER BUSINESS NONE XI. WARRANTS Trustee Witko presented the Warrants for August 14, 2017, in the amount of $1,308,646.51. She moved to approve the Warrants. The motion was seconded by Trustee Thill. A roll call vote was taken. Tr. Grear aye Tr. Minx aye Tr. Ramos aye Tr. Thill aye Tr. Travis aye Tr. Witko aye Motion passed: 6 ayes, 0 nays, 0 absent XII. RESIDENTS' COMMENTS (non -agenda items} a. Resident Bill Page stated at the Farmers' Market he was doing voter registration when a resident asked him about why there had been a reduction in recycling bins throughout the Village in public places. Public Works Director Andy DeMonte stated to his knowledge there was no reduction but he would look into it. It appeared this individual's concerns revolved around the ball fields at Prairie View. Mr. Page also inquired about the alarm testing which will take place on September 5 at 10:OOam. Village Administra- tor Czerwinski stated the Village will test its telephone notification system at that time and if Mr. Page was interested he could add his contact numbers to the system at the Village's website or by contacting Village Hall. XIII& ADJOURNMENT/EXECUTIVE SESSION XIV. There being no further business to come before the Board, Trustee Minx moved to adjourn the meeting at 7:26pm. Trustee Thill seconded the motion which was unanimously approved via voice vote. PASSED this 28th day of August 2017. Trustee Grear Trustee Minx Trustee Ramos Trustee Thill Trustee Travis Trustee Witko 5 9Vlinutes of August 28, 2017, Board Meeting 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 Minutes by: Susan Lattanzi 6 Legislative Summary Resolution 17-38 AUTHORIZING THE APPROVAL AND ASSIGNMENT OF A CONTRACT FOR THE PURCHASE OF REAL ESTATE BY THE MORTON GROVE-NILES WATER COMMISSION FOR A WATER PUMPING AND STORAGE FACILITY AND THE EXPENDITURE OF VILLAGE FUNDS TO PAY FOR THE VILLAGE OF MORTON GROVE'S SHARE OF THE FINANCIAL OBLIGATIONS FOR SAID PURCHASE Introduced: Synopsis: Background: Departments Affected: Fiscal Impact: Source of Funds: Work Impact: Administrator Recommend: Second Reading: Special Considerations or Requirements: September 11, 2017 This Resolution will approve a contract by the Morton Grove Niles Water Commission (MGNWC)for the purchase of an approximately one acre site known as 7900 Nagle Avenue, Morton Grove, IL to be used as a water pumping and storage facility to be owned and operated by MGNWC. The Villages of Morton Grove and Niles formed the Morton Grove -Niles Water Commission (MGNWC) per Ordinances 17-05 (Morton Grove) and 2017-19 (Niles) in order to reduce their wholesale water costs. As part of the MGNWC water transmission and delivery system, MGNWC needs to acquire an approximately one acre site on which to construct a pumping station and water storage facility. Staff has determined that a site currently for sale located at 7900 Nagle, Morton Grove meets the Commission's needs. Acting through a straw man, the Commission negotiated a contract to purchase this site for $795,000. As part of the cost sharing agreement between Niles and Morton Grove, each municipality will pay 50% of the costs to acquire the property, and will be reimbursed through bond proceeds or water revenue. This resolution approves the purchase of this property and authorizes the expenditure of Village funds for Morton Grove's share of the purchase costs. Legal, Administration, and Finance Departments The Village's share of the purchase costs is estimated to be $397,500 plus or minus tax prorations and closing costs Funds for this purchase are in the Enterprise Fund (sale of water to customers) The Village Administrator, Finance Director, and Corporation Counsel will oversee the implementation of the Agreement. Approval as presented. Not required. None Respectfully submitted: Ralph E. C Reviewed by: erwinski, Villagersied inistrator Prepared by: Teresa Hoffman Liston, C/rporation Counsel RESOLUTION 17-38 AUTHORIZING THE APPROVAL AND ASSIGNMENT OF A CONTRACT FOR THE PURCHASE OF REAL ESTATE BY THE MORTON GROVE-NILES WATER COMMISSION FOR A WATER PUMPING AND STORAGE FACILITY AND THE EXPENDITURE OF VILLAGE FUNDS TO PAY FOR THE VILLAGE OF MORTON GROVE'S SHARE OF THE FINANCIAL OBLIGATIONS FOR SAID PURCHASE 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, in 2017, the Morton Grove -Niles Water Commission (MGNWC or Commission) was established by Morton Grove and Niles by the adoption of ordinances pursuant to Division 135 of Article 11 of the Illinois Municipal Code (65 ILCS 5/11-135-1, et seq.) ("Division 135"). The establishing ordinances are Morton Grove Ordinance 17-05, which was adopted on March 13, 2017, and Niles Ordinance No. 2017-19, which was adopted on March 14, 2017. In order to accomplish the objectives set forth in the above -referenced Ordinances, Morton Grove and Niles also approved under those same Ordinances an Intergovernmental Agreement entitled, "Intergovernmental Agreement for the Establishment and Operation of the Morton Grove -Niles Water Commission and for the Purchase and Sale of Water to the Commission for Commission Use and to Commission Wholesale Water Customers (the IGA)", to provide for the governance and operation of the MGNWC and to create the Board of Commissioners of the Morton Grove -Niles Water Commission (MGNWC Board) to govern the MGNWC; and WHEREAS, as part of the design engineering study conducted by Stanley Consultants, Inc., it was determined the MGNWC needs to acquire approximately one acre of real estate located near the preferred transmission main route in order to construct a pumping and water storage facility; and WHEREAS, the MGNWC management team have determined a 0.9 acre parcel of real estate commonly known as 7900 Nagle Avenue, Morton Grove, Illinois is of sufficient size and appropriately located to meet the needs of the Commission; and WHEREAS, HL Development, Inc., acting on the Commission's behalf negotiated and entered into a real estate contract with 7900 Nagle, LLC, for the purchase of 7900 Nagle Avenue, Morton Grove, Illinois for the purchase price of $795,000 ("the real estate contract"), and intends and has agreed to assign its interest in the real estate contract to the Commission; and WHEREAS, the MGNWC Board desires to accept the assignment of the real estate contract and purchase that real estate commonly known as 7900 Nagle Avenue, Morton Grove for the purchase price of seven hundred and ninety-five thousand ($795,000.00) dollars in substantially the same form as the copy of the Agreement attached hereto as Exhibit "A" and made a part hereof; and WHEREAS the President and Board of Trustees of the Village of Morton Grove (Morton Grove) desires to approve and ratify the real estate in accordance with the terms set forth in Exhibit "A" and further agrees to authorize the expenditure of Village funds to pay for the Village of Morton Grove's share of the financial obligations pursuant to the real estate contract as such obligations become due, subject to the Village of Niles adopting a resolution that makes the same findings, approvals, and appropriation commitment on behalf of Niles as set forth in this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The President and Board of Trustees of the Village of Morton Grove hereby approve the Morton Grove -Niles Water Commission's purchase of real estate commonly known as 7900 Nagle Avenue, Morton Grove, Illinois pursuant to the terms and conditions set forth in Exhibit "A", approve and authorize the assignment of said contract from HL Development, Inc. to the Morton Grove -Niles Water Commission, and authorize the expenditure of Village funds to pay for the Village of Morton Grove's share of the financial obligations under the real estate contract as such obligations become due. SECTION 3: This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 11th DAY OF September 2017 Trustee Grear Trustee Minx Trustee Ramos Trustee Thill Trustee Travis Trustee Witko APPROVED BY ME THIS 11`s DAY OF September 2017 ATTESTED and FILED in my office this 12th DAY OF September 2017 Eileen Scanlon Harford, Village Clerk Village of Morton Grove Cook County, Illinois 3 Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois Exhibit "A" CONTRACT FOR THE PURCHASE OF 7900 NAGLE, MORTON GROVE, IL HL DEVELOPMENT, INC.. an Illinois corporation, ("Buyer") hereby agrees to purchase and 7900 NAGLE, LLC, an Illinois limited liability company ("Seller"), hereby agrees to sell that property commonly known as 7900 Nagle Avenue, Morton Grove, Illinois 60053 and legally described in Exhibit "A" and all improvements thereon (the "Property") pursuant to the following terms and conditions; 1) PURCHASE PRICE: The Buyer shall pay Seller the sum of seven hundred ninety-five thousand dollars ($795,000) which shall be paid as follows: $50,000 ("earnest money") to be paid within five (5) business days after the execution of the contract by all parties, and the balance in good funds at closing as adjusted by this agreement, and all eustemary credits and prorations including tax prorations, earnest money, and unpaid utilities. Earnest money shall be held by Chicago Title & Trust Company The cost for the earnest money and closing escrow shall he paid equally by the Buyer and the Seller. 2) CLOSING. The Closing shall take place on August 31, 2017 (or such earlier date as the panics may agree upon in writing), at the Skokie office of Chicago Title Insurance Company 3) CONTINGENCY PERIOD AND INSPECTIONS. A. The Seller shall, no later than July 7, 2017, provide to Buyer copies of all leases, contracts, sun eys, environmental reports, soils tests, maps and plats for the Property in Seller's possession and control. The Buyer shall have access to the property and shall be permitted to make all desired Inspections, soil testings and boring and environmental evaluations of its choosing and its costs. However, Buyer shall provide at least two (2) business days' written notice to Seller before performing soil borings or soil testing, and shall not perform anv invasive testing of the Property or cause anv Phase' 11 environmental report to he prepared, without Sellers prior written consent Before performing any soil tests, Buyer shall cause its environmental consultant to review the existing Phase fl environmental report provided by Seller, and the No Further Remediation Letter from the IEPA in Sellers possession (thc "NFR Letter"). Buvcr's environmental consultant shall also consult with Sellers environmental consultant before conducting any soil tests. Buyer will defend, indemnify, and hold Seller and its agents, managers and members (the 'Seller Indemnified Parties') harmless from and against all loss, cost, damage or expense (including remediation costs, fines, and attorneys' fees) incurred by the Seller Indemnified Panics as a result of Buyer's soil testing and sampling, including anv damages incurred if the IEPA determines that such activities violate the conditions in thc NFR Letter. The foregoing indemnity, shall survive the Closing and the termination of this Contract. B The Buyer may terminate. this Contract for any reason prior to 45 days after the date Seller and Buyer have signed the contract, and in such event. the Earnest Money (and any interest earned thereon) shall be returned to Buyer if the contract is not cancelled by Buyer before that date, Buyer agrees to purchase the property for cash in "as is" condition 4) TAX PRORATIONS The Seller shall be responsible for the payment of all real estate taxes through the closing. Unpaid and unbilled taxes shall be prorated at the rate of 100% of the last ascertainable tax bill. At closing, Buyer and Seller will enter into an agreement to reproratc the 2016 (unless the 2016 tax bill has been issued prior to Closing) and 2017 saxes when the amount of such taxes becomes known. Seller shall deposit with Seller's attorney an amount equal to fifteen percent (15%) of the credit provided to Buyer for any unpaid and untitled taxes to secure payment of any mnount due by Seller pursuant lo the escrow agreement. Buyer acknowledges that Seiler will be filing for a Certificate of Error in connection with the 2015 taxes on the Property, and that any refund received as a result of said Certificate of Error shall be the sole property of Seller. Any tax reductions, refunds or abatements for 2016 or prior years shall be the sole property of Seller. In addition, if Seiler obtains a tax reduction for 2017 because of vacancy, such reduction shall be the sole property of Seller, even though Purchaser will own the Property for a part of 2017. The parties agree that this allocation is appropriate because the entire period of vacancy will he during the portion of 2017 during which Seller owned the Property. TITLE- At Seller's expense Seller will deliver or cause to be delivered to the Buyer within ten (10) days nib the date of this Agnsmau, as evidence of title in Seller, a title commitment for an ALTA title insurance policy in the amount of the Purchase Price with extended coverage by Chicago Title insurancc Company issued on or after the date of acceptance of this Contract, subject only to items listed in Paragraph 7. The panics understand and agree the Seller's attorney shall order title insurance through Chicago Title Insurance Company. Seller shall pay the cost of the title insurance and Extended Coverage. Buyer shall pay the cost of all special endorsements requested by Buyer or its lender, as well as the cost of a mortgagee's title insurance policy for its lender. 'the parties shall each pay their respective usual and customary share of any requested additional title charges and the panics shall equally pay for any closing escrow costs incurred as a result of this transaction, li the title commitment discloses any exceptions not acceptabic to Buvcr, then Buyer shalt notify Seller within ten (10) days after Buyer receives the title commitment, and Seller may (but shall not be obligated to) have said exceptions or encroachments removed, ar, with the Buyer's approval, have the title insurer commit to insure against loss or damage that may, be caused by such exceptions or encroachments. lf, prior to the end of the 45 -day Contingency Period, Seller fails to have unpennittcd exceptions waived or to obtain a commitment from Chicago Title to insure over any unpermittcd exceptions, O Buyer may elect to take the title as it then is, with the right to deduct from the Purchase Price prior encumbrances of a definite or ascertainable amount as shall be reasonably agreed by the parties, or (ii) Buyer may clan' to terminate this Agreement prior to the end of the 45-day Contingency Period, and receive a refund of the earnest money and all interest thereon. If Buyer does not elect to terminate thc Purchase Agreement, Buyer shall be deemed to have elected to take subject to all matters shown on the title insurance commitment, other than (A) matters that the Seller has agreed in writing to remove or insure over, and (B) mortgages and other liens of a definite or ascertainable amount. Sellcrshall furnish Buycr at closing an Affidavit of Title covering the date of Closing, and shall sign any other custotnary, foams required for issuance of an ALTA insurance Policy. 6) SURVEY: No later than July 7, 2017, Seller shall give Buyer a copy of thc 2015 ALTA survey of die Property prepared by Gremlcy & Biedermann. No less than five (5) days prior to thc end of the 45-day Contingency Period. Seller shall cause the survey to be updated to a date no earlier than the date of this Agreement, and Buycr shall have the right to terminate this Agreement prior to the end of thc Contingency Period if the 2(15 survey or the updated survey disclose any encroachments or other matter Buyer finds objectionable. 7) DEED. Seller shall convey or cause to be conveyed to the Buycr good and merchantable title to the Property by recordable Special Warranty Deed subject only to; general real estate taxes not due and payable at tan time of Closing. covenants, conditions, and restrictions of record, building lines and casements. applicable zoning and building laws, ordinances, restrictions and acts suffered or done by the Buyer if any,so long as they do not interfere with the current use and enjoyment of the Property. Sellers conveyance shall also be subject to the natters shown on Exhibit "B" attached hereto. 8) POSSESSION: At closing, the Seller shall surrender the Property devoid of any tenancies and free and clear of any leases. 9) SELLER REPRESENTATIONS: Seller represents that all leases and tenancies have been fully disclosed to Buyer, that within the past year Seller has not received written notice from any govemmentalbody of (a) zoning, building, fire or health code violations that have not been corrected; (b) any pending rezoning; or (c) a proposed or confirmed special assessment and/or special service area affecting the Property. Seller further represents that Seiler has n0 knowledge of boundary line disputes, easements or claims of casement not shown by the public records, any hazardous waste on the Property or an) Improvements for which the required permits were not obtained. For purposes of this Section. Seller's "knowledge's shall mean thc actual current knowledge of Joel Friedland, one of the managers DCJ Management, LLC (which is Seller's manger). 10) MAINTENANCE OF PROPERTY: The Property shall be maintained in the same condition as found on the date of the contract, normal wear and tear, excepted. I I) DESTRUCTION OR DAMAGE OF PROPERTY: If prior to the closing, the Properh or any part thereof shall be destroyed or materially damaged by fire or other casualty, the Buyer shall have the option to terminate this Contract upon written notice given to the other party within ten (Ill) days after such material damage. In such an event, the earnest money shall be returned to the Buyer. lithe foregoing option to terminate is not exercised, this Contract shall continue in full force and effect, and the Seller shall assign its interest in any insurance policies covering the property at the time of the fire or casualty to the Buyer. 12) DEFAULT: Seller shall be responsible for all damages, reasonable costs and expenses, including attorney's fees due to the failure of the Seller to comply with the tents of this Contract. The Buyer shall be responsible for all damages, reasonable costs and expenses, including attorney's fees incurred by the Seller, in excess of any earnest money retained by Salter due to thc failure of the Buyer to comply with the terms of this Contract. 13) NOTICE: All notices required shall be in writing and shall be delivered by personal delivery; by certified mail, return receipt requested which shall be effective on the date of nailing; or by sending facsimile transmission which shall be elTectice as of date and time of facsimile transmission, provided that the notice uansm tied shall be scut on business days during business hours (9:00A.M. to 5:OOP.M. Chicago time). In the event fax notice is transmitted during non -business hours, the effective date and time of notice is the first hour of the first business day after transmission. Notices to the Seller shall be addressed to Seller's Attorney: Bruce D. Goodman, Timm & Ca-finked, LLC, 770 Lake Cook Road, Suite 150; Darfield, Illinois, 6(K)15, bgoodn> m a hglegai tom. Nonce to thc BUYER shall be addressed to Teresa Hoffman Liston. 5901 W. Dempster St Moron Grovc.IL 60053,tcrrm a thllawoflicc.00m 14) MISCELLANEOUS. A. Time is of the essence of this Contract. B. The Seller shall pay for all County, Stale and Municipal transfer taxes to thc extent required by law. C All disputes related to the construction or enforcement of these terms and provision shall be governed by the laws of the State of Illinois and are subject to thc covenant of good faith and fair dealing implied in all Illinois contracts D. The terms of this contract and all related negotiations shall be kept confidential to the extent allowed by law until this transaction has closed. E. The panics agree to comply with the reporting requirements of the applicable sections of the Internal Revenue Code and the Real Estate Settlement Procedures Act of 1974. as amended. F Seiler shall be responsible for all real estate commissions duc because of this transaction. include the fee owed to the Selling broker. Century 21 Marino. pursuant to the listing agreement between the Seller and the Lsung broker This Agreement has been executed as of June 2017 (the''Elk clive Date')- Seller Buyer. HL Development Inc 7900 Nagle, LLC By: DC! Management. LLC. its manager By: By: iedland, a manager w er, mtenm successor manager wail - Nickg,century2Imarino.com Fully executed signature page Joel Friedland <jfriedland@britproperties.com> Mon 7/17/2017 5:43 PM ro:Nick Marino <Nick@century2lmarino.com>; Page 1 of 2 N EXHIBIT A LEGAL DESCRIPTION Parcell: That part of Lot 4 lying North of a line which is 36 feet South of the Northwest corner thereof and running thence East at right angles to the East line of said Lot 4; and the South 140 feet as measured along the East and West lines of Lot 5, all in Enjay's Industrial Subdivision, being a Subdivision in the North h of the Northeast % of Section 30, Township 41 North, Range 13, East of the Third Principal Meridian, in Cook County, Illinois. Parcel 2: Access, ingress and egress easements for the benefit of Parcel 1 as created by Easement and Maintenance Agreement dated November 30, 1981, and recorded March 25, 1982, as Document 26183002 by and between Georgia Nut Company, Harris Trust and Savings Bank as Trustee under Trust Agreement dated May 25, 1977, and known as Trust Number 37690, Glenview State Bank as Trustee under Trust Agreement dated October 25, 1980, and known as Trust No. 2562, and the Village of Morton Grove, over property described therein. PIN: 10-12-202-012 EXHIBIT B ADDITIONAL TITLE EXCEPTIONS Public utility easement contained in the instrument recorded March 21, 1957, as Document 16855186 to the Commonwealth Edison Company and the Illinois Bell Telephone Company, over the west 13 feet of the Property. Terms, provisions and conditions of the Easement and Maintenance Agreement recorded March 25, 1982, as Document 26183002, executed by and between Georgia Nut Company, an Illinois corporation, Harris Trust and Savings Bank, as Trustee under Trust Agreement dated May 25, 1977, and Glenview State Bank, as Trustee under Trust Agreement dated October 25, 1980, and known as Trust No. 2562. 4 Legislative Summa 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: August 28, 2017 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: 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 -I6 -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 Teresa Hoffman Liston, C. .o -.tion Counsel 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 comer 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, writ -ten 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 12-7-3: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) 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) 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 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) 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 11th day of Septentlzer 2017. APPROVED and FILED in my office this 12th day of September 2017 Eileen Scanlon Harford, Villagelerk Village of Morton Grove Cook County, Illinois Daniel N. DiMaria, Village President Village of Morton Grove Cook County, Illinois EXHIBIT "A" Community & Economic Development Department To: Village President and Board of Trustees From: Steven Blonz, Chairperson, Plan Commission Nancy Radzevich, AICP, Community and Economic Development Director Dominick A. Argumedo, AICP, Zoning Administrator/Land-Use Planner '- Date: July 1412017 MORTON GROVE Incredibly Close -(' Amazingly Open Re: Plan Commission Case PC17-14: Request for a Planned Unit Development (PUD) comprised of 36 attached dwellings (townhomes) in a total of 7 buildings on an approximately 2.0 acre parcel of land, per Title 12, Chapter 6 of Ordinance 07-07 (Village of Morton Grove Unified Development Code) with waivers to density and dimensional controls, as needed, and approval of Preliminary and Final Plats of Subdivision in accordance with Title 12, Chapter 8 of Ordinance 07-07 on a 2.0 acre parcel of land located at the southwest corner of Capulina and Ferris Avenues in 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 CApplicant'D 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 induded 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 Plan Commission Secretary swore in the Lexington Walk development team, including: William Rotolo, Vice President of Land Acquisitions, and John Agenlian, Director of Land Development, both with Lexington Homes; Lawrence Freedman, attorney with Ash, Anos, Freedman & Logan LLC; Todd Shaffer, Principal with Haeger Engineering; Karl Krogstad, President of Krogstad Land Design Limited; Luay Aboona Principal with Kenig, Lindgren, O'Hara, Aboona, Inc; Jon Nelson Principal with Jen Land LLC; and Jay Cox, Project Manager with BSB Design. Members provided an overview of the project pertaining to their specific discipline. Chairperson Blonz asked if there were any questions from the Commissioners. Commissioner Gabriel asked how the utilities would be added to each unit. Todd Shaffer, project engineer, noted that utilities would be added in a similar manner to the recently completed Lexington Station townhome; each unit would have separate water and utility feeds that will be buried. The gas, electric and phone service will be designed by the specific public utility companies. Chairperson Blonz asked for an explanation on how the project's drainage would be handled on site. Mr. Shaffer explained that drainage would be in a storm underground detention vault, which would be located in the site's courtyard. All of the onsite storm sewers are designed for 100 year storms and storm water discharge will go directly into a storm sewer that goes west to the river. Commissioner Shimanski asked about snow removal on the site. Mr. Cox said the homeowners association will set the rules and if necessary, the Association will haul off the snow. Mr. Cox stated that it would not be put in the parking spaces. Commissioner Gabriel asked if the trash and fire trucks had adequate room to access the site. Mr. Cox stated that the team completed an analysis of truck turning radii to show that such vehicles could adequately maneuver within the site. Chairperson Blonz inquired about the proposed retention wall along the railroad tracks. Mr. Shaffer explained the wall design will be dictated by the design of the footings for the fence along the rear property line. The privacy fence will be designed for a high wind load and the final engineering has not been completed as yet. Chairperson Blonz asked about the lighting plan specifically at the perimeter of the property. Ms. Radzevich stated that the final plan will need to meet Village Code requirements and be finalized closer to and before a final building is issued. Ms. Radzevich noted that proposed lighting should be as dose to zero as possible with exception of the main entrance and submittal and approval of such a final lighting plan could be added as a condition of approval at the time of approval and issuance of building permits. It. 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 Tight 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 ;,GROVE Incredibly Close'( 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 Tide 12, Chapter 6 of Ordinance 07-07 (Village of Morton Grove Unified Development Code) with waivers to density and dimensional controls, as needed, and approval of Preliminary and Final Plats of Subdivision in accordance with Title 12, Chapter 8 of Ordinance 07-07 on a 2.0 acre parcel of land located at the southwest corner of Capulina and Ferris Avenues in Morton Grove, IL STAFF REPORT public Notice The Village provided public notice of PC 17-14 for the June 19, 2017 Plan Commission public hearing in accordance with the Unified Development Code. The Pioneer Press published the public notice on June 1, 2017, and the Village mailed letters notifying surrounding property owners on June 2, 2017 and a public notice sign was placed on the subject property on June 9, 2017. Background The Subject Property The 2.0 acre subject property is located at the southwest corner of Capulina and Ferris Avenues and is a Village owned vacant parcel. The proposed development site includes a 2,249 sq. ft. portion of Village owned, unimproved right of way, located west of Narragansett Avenue and east of the Metra right of way, proposed for vacation through PC 17-13. The subject property, made up of multiple parcels, was purchased by the Village of Morton Grove over a period of about 4+/- years, from 2005-2009, utilizing funds available in the Lehigh Ferris Tax Increment Finance (TIF) District. The property historically included commercial/industrial uses and over time the activities related to those businesses resulted in some environmental site issues. After purchasing these properties, the Village demolished the existing structures, and over the past several years, partially funded by Brownfield Remediation Fund Grants, the Village has had environmental consultants testing and evaluating the types and extent of the environmental contamination. In the spring of 2015, the Village's consultants completed the Comprehensive Site Investigation Report (CSIR) and Remediation Objectives Report (ROP) and filed that combined document for approval with the Illinois Environmental Protection Agency (IEPA). After responding to requests for clarifications and supplemental information, the IEPA approved the amended CSIR and ROP in late 2015. Concurrent with all of the environmental investigation work, Village staff had been actively soliciting developers for this site for the past several years. Although some developers had expressed varying levels of interest, it wasn't until after the IEPA approved the CSIR and ROP, that the developers could provide more complete proposals and the Village could complete their evaluation of and move forward with a development proposal for this site. Staff notes that Lexington Homes had originally filed for approval of a 34 unit townhome development in fall of 2016, however, that application was withdrawn due to the discovery of some additional site development challenges and unexpectedly high costs associated with the required utility relocation work. After additional discussions with Village staff regarding the projected costs for development, Village staff suggested including two more units to help offset some of the additional development costs. Further, due to the limited availability of public street parking, staff also worked with the developer to identify opportunities to provide much needed visitor parking. The current plan was developed by Lexington Homes based on discussions with Village staff. The Surrounding Area The overall subject property is zoned CR Commercial Residential District. The properties to the north, across Capulina, are improved with an 65 -unit townhome development and a five -story 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. _,_ A_ f1. 7,6,1 darrACADWAZ,,..40' Ar '�°� l�fif0"ilix�drR� Iatiti5: --tow • fig 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 Analysis/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 12-8-4.6.3 for those three lots. P Lot Size No. of Units Lot Lot 1 0.13893 acre 5 Lot 2 0.13893 acre 5 Lot 3 0.16415 acre 6 Lot 4 0.13907 acre 5 Lot 5 0.18525 acre 7 Lot 6 0.11242 acre 4 Lot 7 0.11242 acre 4 Lot 8 1.01165 acre 0 Total 2.00283 acres 36 ZONING OVERVIEW- LOT 1. (Five Unit Attached Townhome Building) 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 ff. (Sec: 12-5- 7-C) Waiver of 2 ft. 10 ft. (south) Side (east) 5.68 ft. 5 ft. N/A- compliant NA Rear 0 ft. 5 ft. (Sec: 12-5- 7-C) Waiver of 5 ft. 10 ft. Maximum Building Height 33.5 ft. 40 ft. (Sec: 12- 5-7-C) N/A -compliant 33.5 ft. Lot Coverage 90% Up to 65% (Sec: 12-5-7-C) Waiver of 25% 80%, waiver of 15% requested ZONING OVERVIEW- LOT 2 (Five Unit Attached Townhome Buildin DIMENSIONAL CONTROL PROPOSED REQUIRED/ PERMITTED WAIVER/SPECIAL USE/ PUD REQUEST FOR LOT 2 OVERALL PROPOSED LEXINGTON WALK DEVELOPMENT Minimum Lot Width 120 ft. 60 ft. (Sec: 12- 5-7-C N/A -compliant 270 ft. Front Yard Setback 3 ft. 15 ft. (Sec; 12- 5-7-C) Waiver of 12 ft. 15 ft. Capulina 15 ft. Ferris Side (west) 5.68 ft. 5 ft. (Sec: 12-5- 7-C) N/A -compliant 10 ft. (south) Side (east) 3 ft. 5 ft. (Sec: 12-5- 7-C) Waiver of 2 ft. NA Rear 0 ft. 5 ft. (Sec: 12-5- 7-C) Waiver of 5 ft. 10 ft. Maximum Building Height 33.5 ft. 40 ft. (Sec: 12- 5-7-C) N/A -compliant 33.5 ft. Lot Coverage 900/0 Up to 65% (Sec: 12-5-7-C) Waiver of 25% 80%, waiver of 15% requested ZONING OVERVIEW- DIMENSIONAL CONTROL - PROPOSED - \ REQUIRED/ PERMITTED ----- -. .v--.n.Vu.G ✓YIIUIIIyJ 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 4 (Five Unit Attached Townhome Bu• 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-) 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 LOT 5 {Seven Unit Attached Townhome Building). DIMENSIONAL CONTROL PROPOSED REQUIRED/ PERMITTED WAIVER/SPECIAL USE/ PUD APPROVAL FOR LOT 5 OVERALL PROPOSED LEXINGTON WALK PROPOSAL Minimum Lot Width 160 ft. 60 ft. (Sec: 12-5- 7-C N/A -compliant 270 ft. Front Yard Setback 3 ft. 15 ft. (Sec; 12-5- 7-C) Waiver of 12 ft. 15 ft. Capulina 15 ft. Ferris Side (North) 3 ft. 5 ft. (Sec: 12-5- 7-C) Waiver of 2 ft. 10 ft. (south) Side (South) 3 ft. 5 ft. (Sec: 12-5- 7-C) Waiver of 2 ft. NA Rear 0 ft. 5 ft. (Sec: 12-5- 7-C) Waiver of 5 ft 10 ft. Maximum Building Height 33.5 ft. 40 ft. (Sec: 12-5- 7-C) N/A -compliant 33.5 ft. Lot Coverage 87.58% Up to 65% (Sec: 12-5-7-C) Waiver of 22.58% 80%, waiver of 15% requested Z ONING OVERVIEW- LOT 6 (Four Unit Attached Townhome Building) DIMENSIONAL CONTROL PROPOSED REQUIRED/ PERMITTED WAIVER/SPECIAL USE/ PUD APPROVAL FOR LOT 6 OVERALL PROPOSED LEXINGTON WALK DEVELOPMENT Minimum Lot Width 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 150/0 requested ZONING OVERVIEW -LOT 7 (Four Uni ZONING OVERVIEW- •+...m....vu I uwnnome mining) 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. rris 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- The proposed Lot 8 would include all the common land for the development, which is not included in the individual building lots 1-7. .. vino vv ..n..aa W/IuiiVII apace) 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:B), the Applicant hired Kenig, Lindgren, O'hara, Aboona, Inc. (KLOA) to complete a traffic and parking study for the proposed development ("Summary Traffic and Parking Evaluation Proposed Townhome Development" dated June 12, 2017). In order to evaluate the impact of the proposed 36 -unit development on the area roadway system, KLOA analyzed the existing traffic counts and then quantified the number of trips the proposed development would generate. KLOA conducted traffic counts during peak hour periods on Tuesday June 6, 2017 during the morning (7:00 AM to 9:OOAM) and evening (4:00 PM to 6:00 PM). To determine the number of trips the development would generate, KLOA used data published in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 9`h Edition. In addition, KLOA added adjustments to account for projected increased traffic associated with developments currently under construction in the area including Moretti's at 6415 Dempster and the three townhomes at the northeast corner of Ferris and Capulina Avenues. KLOA applied ITE trip generation rates for the types of developments to further analyze future traffic generation. KLOA concluded, based upon the data gathered and industry standards, that the amount of vehicle trips generated by the proposed 36 townhome unit PUD will have a low impact on the surrounding roadway system, even with the incremental increased traffic that may be generated by the other area developments. Parking Analysis Per Section 12-7-3:6 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).44^ 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. - P Use Projected Parking Demand (Shamed Parking, 2nd Edition published by Urban Land Institute) Calculated Parking Demand Parking Provided 36 Townhome Units ULI forecast for Townhome Development: 1.7 parking spaces per unit, 0.1 unit per guest 66 total spaces; 61 resident spaces + 5 visitor spaces 89 total spaces; 72 resident (garage) spaces +17 visitor spaces As described in the traffic/parking study and as summarized above, based on industry standards, KLOA concludes that the 89 parking spaces provided are adequate for the parking demand of the proposed 36 -unit townhome development. Commission Review Appearance Commission The Applicant made a presentation on the proposed elevations and preliminary landscaping to the Appearance Commission on August 1, 2016 for their previous submittal and the Commission voted unanimously to grant an Appearance Certificate for the development. The design of the facade and landscaping for the current application are substantially the same and, as such, that Appearance Certificate approval is carried forward for this application. Traffic Safety Commission In accordance with Section 12-16-4 of the Unified Development Code, the Applicant appeared before the Traffic Safety Commission (TSC) at their June 1, 2017 meeting. The Commission supported the projects in accordance with staff recommendations, but also suggested that the parking on the northwest corner of the site include signage to ensure that it is not used by Metra passengers. At the conclusion of the presentation/discussion, the TSC voted unanimously to recommend approval of this project, with conditions. (See attached TSC Staff Report, dated June 1, 2017.) Departmental Reviews Staff received, as part of the Departmental Comments, comments from the Village Engineer on the traffic study, dated June 5, 2017. None of the five comments suggest a need/condition to change the design or layout pertaining to traffic and parking. The comments pertain to 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 providedcomments 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. piscussiort 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 plan. — The Applicant states the plan is consistent with the recommendations of the Lehigh/Ferris Subarea Plan for this site, particularly with rear accessed townhomes. Further, staff notes that this development will help to restore a long vacant and environmentally contaminated site back to a functional use that is complementary to the other uses in this area. > The planned unit development should be so located, designed, operated and maintained in a manner that will not only protect, but promote the public health, safety, and welfare of the village. The Applicant states that the proposal will protect and promote the public health, safety, and welfare of the Village. The Applicant notes that the project serves the overall welfare of the Village by transforming the site from obsolete industrial use, and cleaning up the site, to residential use which will support development near the train station. ➢ The proposed planned unit development will not be injurious to the use and enjoyment of adjoining property and that the exceptions to the underlying district regulations are for the purpose of promoting development which is beneficial to the residents or occupants of the surrounding properties with and adjoining the proposed development. The Applicant states that the proposed development is consistent with the goal of the Lehigh/Ferris Subarea plan to redevelop the site with higher density residential and creating a walkable, pedestrian friendly streetscape. In addition, by providing 17 on-site visitor parking spaces and 6 new street parking spaces along Capulina in addition to the standard 2 parking spaces per unit, the Applicant is addressing the general resident concerns about the limited availability of street parking for the area. ➢ Principal vehicular access to the planned unit development shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular and pedestrian traffic. Adequate provision shou/d 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. ➢ 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 intemal roads. > Adequate fencing, screening, and landscaping shall be provided to protect the enjoyment ofsurrounding properties, or provide for public safety, or to screen parking areas or other visually incompatible uses. The existing landscape shou/d 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. > The planned unit development shall be /aid out and developed as a unit in accordance with an integrated overall design. This design shall provide for safe, efficient, convenient and harmonious groupings of structures, uses, and facilities, including common open space and stonn water detention areas, and for appropriate relationship of space between buildings and site. Any common open space shall be integrated into the design in a manner which has a direct or visual relationship to the main building(s) and not be of an isolated or leftover character. The Applicant states that the PUD has been designed to create a safe, efficient, convenient and harmonious grouping of buildings and circulation that provides the appropriate setbacks and building orientation both to the surrounding neighborhood and within the internal space. > The design of all buildings, structures, and facilities on the site of the planned unit development shall be subject to the approval of the appearance review commission, and shall be of quality as good, if not better, than the surrounding neighborhood. Higher or denser buildings shall be located in such a way as to dissipate any adverse impact on adjoining lower 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. > 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 susceptible of being subdivided, resubdivided, or redeveloped, new streets, sidewalks, and access ways may be carried to the boundaries of the proposed planned unit development. The Applicant states that the 36 townhome unit site plan has been designed to provide aspects consistent with the Lehigh/Ferris Subarea Pian Guidelines such as orientation, pedestrian and vehicular circulation and perimeter setbacks. Further, after discussions with staff, the Applicant upgraded their designs to increase the amount of brick along front and side facades to better reflect and enhance the character of the area. )recommendation After review of the application, staff report, and as a result of the testimony provided at the public hearing, staff may suggest and/or the Plan Commission may opt to make modifications to, add and/or remove conditions. Should the Commission recommend approval of this application, staff suggests the following motion and conditions: Plan Commission recommends approval of a 36 unit townhome planned unit development (PUD) in accordance with Section 12-6 of the Morton Grove Unified Development Code (Ordinance 07-07) at the southwest corner of Ferns and Capulina Avenues with a density of 18 units per acre and allowed maximum lot coverage of up to 8096, and approval of preliminary and final plats of subdivision, with waivers to dimensional controls for individual lots and to the requirement that the lots must abut a public street, subject to the following conditions: 1. The site and building shall be developed and operated consistent with the plans and supporting documents in the application, amended, as necessary, to comply with conditions from the Traffic Safety Commission, P/an 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 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 Preliminary Engineering Plans submitted by Haeger Engineering, dated 5/29/2017 E. Sales Trailer Exhibit, submitted by Haeger Engineering, dated 5/29/2017 F. Off-site Sign Exhibit, submitted by Haeger Engineering, dated 5/24/2017 G. Preliminary Landscape Plan, submitted by Krogstad Land Design Limited, dated 5/26/2017 H. Summary of Traffic and Parking Evaluation, submitted by KLOA Inc., dated 06/12/2017 L 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 comer of the development should be signed to be for residents and guests of the development on/y; 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 Wage building permits the Applicant shall submit final engineering plans in accordance with Village requirements and standards, for review and approval by the Village Engineer. 4. The applicant shall provide an updated landscape plan, as necessary, for review and approval, to ensure that proposed trees will not impede access by and through the site by emergency vehicles Such plan may be submitted after issuance of building permits, however, the final landscaping plan must be submitted for review and approval prior to Issuance of any occupancy permits and landscaping must be installed prior to the issuance of the final occupancy permit for the project. 5. Prior to the issuance of any building permits, the Applicant shall submit the proposed "Homeowners Declarations And Covenants," for review and approval and such Declarations and Covenants shall be developed in accordance with Section 12-8-2:B.3., as follows: A. The membership in the owners' association shall be mandatory for each and every owner, and successive owner, of all units located on the property. B. The owners' association shall own and be responsible for the continuity, care, conservation, maintenance and operation in a first rate condition, and in accordance with predetermined standards, of the common areas, including, without limitation, all equipment, appurtenances, ponds, detention facilities, and perimeter fencing located on or within the common areas and the cost of power required for the affected equipment and appurtenances. C. The owners' association shall be 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 (5196) 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 plat, 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) 1/. Side yard (west) setback waiver of 2 ft to the 5 ft side yard setback requirement (Section 12-5-7:C) iii. Rear yard setback waiver of 5 it to the 5 ft rear yard setback requirement (Section 12-5-7:C) iv. Lot coverage waiver of 25% to the 65% lot coverage requirement (Section 12-5-7::C) B. Lot2 i. Front yard setback waiver of 12 ft to the 15 ft front yard setback requirement (Section 12-5-7:C) 11 Side yard (east) setback waiver of 2 R. to the 5 ft. side yard setback requirement (Section 12-5-7:C) iii. Rear yard setback waiver of 5 ft to the 5 ft rear yard setback requirement (Section 12-5-7:C) iv. Lot coverage waiver of25% to the 65% lot coverage requirement (Section 12-5- 7:C) C Lot3 1. Front yard setback waiver of 12 it: 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 R: side yard setback requirement (Section 12-5-7:C) iii. Rear yard setback waiver of 5 it to the 5 ft. rear yard setback requirement (Section 12-5-7:C) iv. Lot coverage waiver of 25% to the 65% lot coverage requirement (Section 12-5- 7:C) D. Lot 4 1. Front yard setback waiver of 12 1t to the 15 ft front yard setback requirement (Section 12-5-7:C) ii. Side yard (south) setback waiver of 2 ft. to the 5 ft side yard setback requirement (Section 12-5-7:C) fit 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 65% lot coverage requirement (Section 12-5- 7:C) E Lot 5 1. Front yard setback waiver of 12 ft. to the 15 ft front yard setback requirement (Section 12-5-7:C) if. Side yard (north) setback waiver of 2 ft to the 5 ft side yard setback requirement (Section 12-5-7::C) ill. Side yard (south) setback waiver of 2 it to the 5 ft side yard setback requirement (Section 12-5-7:C) iv. Rear yard setback waiver of 5 It to the 5 ft. rear yard setback requirement (Section 12-5-7:C) v. Lot coverage waiver of 22.58% 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) ii. Side yard (east) setback waiver of 1 ft, to the 5 ft. side yard setback requirement (Section 12-5-7:C) iii. Side yard (west) setback waiver of 2 ft to the 5 ft side yard setback requirement (Section 12-5-7:C) iv. Rear yard setback waiver of 5 fi: to the 5 ft rear yard setback requirement (Section 12-5-7:C) v. Lot coverage waiver of 18.77% to the 65% lot coverage requirement (Section 12-5-7:C) G. Lot? A Front yard setback waiver of 12 ft to the 15 it front yard setback requirement (Section 12-5-7:C) H. Side yard (east) setback waiver of 1 ft. to the 5 ft side yard setback requirement (Section 12-5-7:C) Side yard (west) setback waiver of 2 1t to the 5 rt. side yard setback requirement (Section 12-5-7:C) iv. Rear yard setback waiver of 5 ft to the 5 1t rear yard setback requirement (Section 12-5-7:C) v. Lot coverage waiver of 19.4596 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) Zoning Mao: 5 8 8 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 Le'islative Summary Resolution 17-39 Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Special Considerations or Requirements: C / Ralph AUTHORIZING THE EXECUTION OF A CONTRACT WITH BROTHERS ASPHALT PAVING, INC. FOR THE 2017 STREET PATCHING PROGRAM September 11, 2017 To authorize the Village President to execute a contract with Brothers Asphalt Paving, Inc. for the 2017 Street Patching Program. To construct durable patches in asphalt pavement. The annual Street Patching Program is a preventative measure (usually) for asphalt streets in order to maintain the quality, drainage, and drivability and to extend the life of the streets in the Village. This work should be completed over two days in early -October 2017. This contract was bid through a public process in accordance with the Village Code. The contract was advertised and sealed bids were received. The proposal amount is $13,023.00 Tess than the Engineer's Estimate and $14,353.00 less than the budgeted amount. The bid tabulation is attached as Exhibit "A". This contract must conform to the requirements of the Prevailing Wage Act. Public Works, Engineering Division The estimated contract value is $50,000.00. Since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. General Fund: Public Works - A/C #025017-552290 Construction Services The Public Works Department, Streets Division, as part of their normal work activities, performs the management and implementation of the program. Approval as presented. None Respectfully submitted: Reviewed by: zerwinski, Village • inistrator Teresa Hoffman Listo , C•'poration Counsel Prepared by: t �— Chris Tomich, Village Engineer Reviewed by: dy DeMonte, Director of Public Works RESOLUTION 17-39 AUTHORIZING THE EXECUTION OF A CONTRACT WITH BROTHERS ASPHALT PAVING, INC. FOR THE 2017 STREET PATCHING PROGRAM 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 2017 Street Patching Program is necessary in order to maintain the Village's infrastructure; and WHEREAS, the Public Works Department advertised on the Village's website beginning August 16, 2017, inviting bids on the "2017 Street Patching Program"; and WHEREAS, the bidding procedures comply with purchasing requirements of the Municipal Code, Title 1, Chapter 9, Article A, Section 2; and WHEREAS, the terms of this contract will comply with the Illinois Prevailing Wage Act; and WHEREAS, ten bid packages were downloaded; and WHEREAS, six bids were received, publicly opened and read at the Public Works Facility at 10:00 a.m. on Wednesday, August 30, 2017, with the corrected bid results shown in Exhibit "A"; and WHEREAS, the low bidder is Brothers Asphalt Paving, Inc. of Addison, Illinois for the bid amount of $35,647.00, which is $13,023.00 less than the Engineer's Estimate and $14,353.00 less than the budgeted amount; and WHEREAS, the qualifications and availability of the low bidder have been verified; and WHEREAS, the 2017 Adopted Budget contains an allocation of $50,000 for the 2017 Street Patching Program in General Fund Account 025017-552290; and WHEREAS, the list of streets to be included in the 2017 Street Patching Program includes Beckwith Road from Washington Street to Oak Park Avenue; and WHEREAS, it is practical for the Village to fully utilize the budgeted amount for this work by increasing the amount of work to be performed. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1. The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2. The Corporate Authorities accept the bid of Brothers Asphalt Paving, Inc. in the amount of $35,647.00. SECTION 3. The Village President of the Village of Morton Grove is hereby authorized to execute and the Village Clerk to attest a contract with Brothers Asphalt Paving, Inc., 315 S. Stewart Avenue, Addison, Illinois 60101 based upon their bid for the 2017 Street Patching Program in the amount of $35,647.00. SECTION 5. The Village Administrator, Director of Public Works, and the Village Engineer and/or their designees are hereby authorized to take all steps necessary to oversee, and implement this contract up to an amount not to exceed $50,000. SECTION 6. This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 11th DAY OF SEPTEMBER 2017 Trustee Grear Trustee Minx Trustee Ramos Trustee Thill Trustee Travis Trustee Witko APPROVED BY ME THIS 11`h DAY OF SEPTEMBER 2017 Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 12th DAY OF SEPTEMBER 2017 Eileen Scanlon Harford, Village Clerk Village of Morton Grove Cook County, Illinois 0 0 u z 8 8 8 0 8 ITEM COST 8 z UNIT COST 8 8 8 8 ITEM COST 8 0 0z 8 8"1- E 5.1 0 0 8 FF 46 8 8 0 0 a y PAY ITEM DESCRIPTION CLASS D PATCHES 3' 0 O 04 O at a z 0 5 O c a L N 8 se eg m N C 9 c c 9 Q o J ry n13c a : a a w 8 0 U y U 8 8 8 8 ITEM COST UNIT COST 8 8 0 8 ITEM COST O 0 z cc 8 S 8 i F F 28 8 61 8 8 8 d aa aa PAY ITEM DESCRIPTION CLASS D PATCHES 3' O ite a. 0 cLO >Z 0 Q a 0 0 0 O a 0 a' 4 8 fa E• 0 at b E c ✓ • O m Q o J 0 O J O C • a n Legislative Summary Ordinance 17-26 AMENDING TITLE 5, CHAPTER 3 OF THE MUNICIPAL CODE ENTITLED "VEHICLE LICENSES" AND TITLE 6, CHAPTER 4 ENTITLED "ANIMAL CONTROL" Introduced: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: Special Considerations or Requirements: Respectfully submitted: September 11, 2017 This ordinance amends the Municipal Code sections regulating the purchase of vehicle permits and pet licenses to change the license period from May 1 — April 30 to September 1 —August 31. The current term for annual pet licenses and vehicle permits is from May 1 to April 30. This ordinance will change that term to September 1 — August 31 in order to make it more convenient for area residents to purchase and affix the permits during warmer months of the year as well as allow Village staff to more efficiently and quickly process permit applications by utilizing additional summer help. Finance Department None N/A The Finance Department will implement the change as part of their normal work day activities. Approval as presented. September 25, 2017 — Municipal Code Change None Prepared by: Ralph E. Czertvinski, Village AdTeresa Hoffman Liston, Corporation Counsel Reviewed by: Hanna Sullivan, Finance Director ORDINANCE 17-26 AMENDING TITLE 5, CHAPTER 3 OF THE MUNICIPAL CODE ENTITLED "VEHICLE LICENSES" AND TITLE 6, CHAPTER 4 ENTITLED "ANIMAL CONTROL" 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 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 has a policy of regularly reviewing and revising its Municipal Code, as necessary, to insure the provisions of the Code remain compliant with contemporary statutes and relevant to the current operations and requirements within the Village; and WHEREAS, Village staff conducted a review of the Village ordinance regulating the purchase of vehicle and pet licenses, specifically Title 5, Chapter 3, and Title 6, Chapter 4, Section 15, and based on that review recommend these sections be amended to change the license periods for vehicle and pet licenses from May 1 to April 30 to September 1 to August 31; and WHEREAS, the proposed revisions will: A. Make it more convenient for residents to purchase and affix permits during the summer months; and B. Allow Village staff to more efficiently and quickly process permit applications by utilizing additional summer help; and WHEREAS, the Corporate Authorities find it is in the Village's best interest that this ordinance be adopted. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Title 5, Chapter 3 entitled Vehicle Licenses is hereby amended to read as follows: Chapter 3 VEHICLE LICENSES 5-3-1: DEFINITIONS: MOTOR VEHICLE Self-propelled vehicles intended to be operated on a public right-of-way, including, but not limited to, automobiles, trucks, vans, motorcycles, and motor scooters; and shall include trailers, and semi -trailers drawn by motor vehicles, and every vehicle requiring a certificate of title under Section 3-101(d) of the Illinois Vehicle Code, but shall not mean any bicycles or tricycles or similar vehicles propelled exclusively by human power, motorized wheelchairs, low -speed electric bicycles, and low -speed gas bicycle devices used exclusively upon stationary rails or tracks, and snowmobiles as defined in the Illinois Snowmobile Registration and Safety Act. MOTORCYCLE/ A motor vehicle having a seat or saddle for the use of the rider and SCOOTER designed to travel on not more than 3 wheels in contact with the ground, but excluding tractors, construction, or farm equipment. 5-3-2: VEHICLE LICENSE REQUIREMENTS: A. Required: Every owner, lessee, or operator of a motor vehicle who resides within the Village, or if said owner, lessee, or operator is a business, whose principal business address is located within the Village, or any owner, lessee, or operator of a motor vehicle which is registered to an address within the Village of Morton Grove shall pay each year to the office of the Director of Finance -Treasurer a tax or license fee for the possession or use of such motor vehicle within the Village. B. Application; Issuance: Every owner, lessee, or operator of a motor vehicle defined in subsection A of this section shall file an application with the office of the Director of Finance - Treasurer, upon a form provided by that office, setting forth the name and address of the applicant, and a description of the motor vehicle for which the license is desired. Upon the payment by the applicant of the required fee, the Director of Finance -Treasurer shall cause to be issued a license sticker authorizing the use or possession of such motor vehicle within the Village until the expiration of such license. C. Registration: The vehicle's Illinois state registration identification card must be presented at the time application for Village registration is made. Proof of age shall be required for a senior citizen vehicle license; applicant's current Illinois driver's license shall be deemed sufficient proof of age. D. License Sticker: Each Village license sticker shall be kept firmly attached to the lower left hand portion of the windshield of the motor vehicle for which the license was issued in such location that it will not obstruct the driver's view. The village's license sticker shall remain firmly affixed at all times when such motor vehicle or trailer is operated, parked, stored, or maintained on any public highway, street, alley, private driveway, private parking lot, or storage lot located within the Village. Any owner, lessee, or operator of a motor vehicle who comes into ownership or possession of such motor vehicle after July 31 shall have thirty (30) days after obtaining ownership or possession to register and pay the license fees or taxes and display the license sticker as set forth in subsection A of this section and this subsection D. In the event the owner, lessee, or operator has applied for but has not yet obtained a State of Illinois certificate of title, he/she shall register and pay the Village of Morton Grove license fees or taxes set forth in this chapter within 30 days after taking ownership or possession of the motor vehicle, and shall obtain and display the vehicle sticker within 10 days after receiving the State of Illinois certificate of title. E. Expired Registration: No person may stop, park, or leave standing upon a public street, highway, or roadway, a vehicle upon which is displayed an Illinois registration plate or plates, or registration sticker after the termination of the registration period for which the registration plate or plates, or registration sticker was issued or after the expiration date set forth in section 3-414 or 3-414.1 of the Illinois Vehicle Code or in violation of section 11-1304.5 of the Illinois Vehicle Code (625 ILCS 5/11-1304.5), as amended from time -to -time, and such vehicle shall be deemed an unlawful vehicle pursuant to chapter 7 of this title. F. Exceptions: Any vehicle which is available for sale or lease and is licensed to and operated by a local dealership, which pays to the Village sales and/or usage taxes for the sale and/or lease of vehicles, and possess valid dealer plates is not required to purchase a vehicle sticker. (Ord. 12- 30, 8-13-2012) 5-3-3: LICENSE FEES: A. Annual Fees: The annual vehicle license fee shall be as follows: All motor vehicles (except trucks, motor driven commercial cars, motorcycles/scooters, or trailers) All motor vehicles (except trucks, motor driven commercial cars, motorcycles/scooters, or trailers) owned by residents 65 or older (limit of 1 such senior citizen license per household per year) Antique motor vehicles (vehicle must have State of Illinois antique license plates. To qualify for antique plates, a motor vehicle must also be more than 25 years old. Firefighting vehicles must be at Least 20 years old. Antique vehicles may only be driven to and from an antique auto show or exhibition, service station, or demonstration. The mechanical and physical condition of the antique vehicle, including brakes, lights, glass, and appearance, must be the same or as safe as originally equipped. An antique vehicle may be a "bona fide replica" - an exact copy of the original in design, frame, and mechanical operation.) All motor vehicles and trailers (excluding trucks, buses, or motor driven commercial cars) registered to a bona fide religious organization recognized by the IRS and the religious leader (priest, minister, rabbi, etc.) of that religious organization, provided, however, religious organizations shall be eligible for no more than 2 discounted stickers and the spiritual leader of that organization shall be entitled to only 1 discounted license $55.00 25.00 1/2 of cost of motor vehicle license fee 112 of cost of motor vehicle license fee All motor vehicles or trailers (excluding trucks, buses, motorcycles/scooters, or motor driven commercial cars) issued to any not- for-profit corporation as defined in chapter 32, paragraph 163 (1/c) of the general not for profit corporation act of the State of Illinois provided not more than 3 such licenses shall be issued to any single not-for-profit corporation Trucks and motor driven commercial vehicles: 8,000 pounds or less 8,001 pounds and over, but not more than 16,000 pounds 1/2 of cost of motor vehicle license fee 16,001 pounds and over, but not more than 24,000 pounds 24,001 pounds and over, but not more than 28,000 pounds $ 75.00 85.00 95.00 105.00 28,001 pounds and over, but not more than 32,000 pounds 115.00 32,001 pounds and over, but not more than 50,000 pounds 125.00 50,001 pounds and over 135.00 Motorcycles 45.00 Motor scooters and mopeds 40.00 All recreational vehicles bearing the state classification of RV Late payment fee for vehicle license fee - within 90 days Late payment fee for vehicle license fee - after 90 days 60.00 The original fee plus $25 Double the original license fee Fee for the replacement of lost or destroyed vehicle sticker 5.00 Fee for new sticker due to transfer of vehicle 5.00 B. Prorated Fees: 1. Where an applicant provides proof that he has purchased a motor vehicle after February 28 of any licensing period, the license fee shall be reduced by fifty percent (50%). 2. The license fee for vehicles owned or operated by a person who becomes a resident of Morton Grove after February 28 of any licensing period shall be reduced by fifty percent (50%). C. Weight Determines Fees: Weight shall be determined in the manner prescribed by statute where appropriate and where required by this chapter for the purpose of affixing the appropriate vehicle license fees. D. Residency Effect on Fees: The residence stated by the owner of a motor vehicle in his application for registration that is required to be filed with the Illinois Secretary of State's office pursuant to the Illinois Vehicle Code, 625 Illinois Compiled Statutes, shall be prima facie evidence of residency for this chapter. E. Time of Payment: Except as otherwise provided in this Chapter, the vehicle license fee shall be due and payable annually on or before September 1 of each year and the license shall be for a one year period commencing September 1 of each said year and ending on August 31 of the following year. F. Disabled Veterans' Vehicle License Rate: Any veteran who has been issued a disabled veteran vehicle license plate shall be entitled to receive one Village motor vehicle license, without charge, to be affixed to the motor vehicle so licensed by the state. G. Fees Waived for Government Agencies: No fee shall be charged for vehicles registered to a municipal corporation or local governing body, including, but not limited to, school districts or park districts, located within the corporate limits of the Village. (Ord. 12-30, 8-13-2012) 5-3-4: LOST OR DESTROYED STICKERS: If any person to whom a vehicle license has been issued loses the sticker issued by the Village, or if such sticker is destroyed or mutilated, such person may apply for a new sticker upon providing to the office of the Finance Director -Treasurer satisfactory evidence of the loss or destruction of such sticker and paying a fee of five dollars ($5.00). (Ord. 12-30, 8-13-2012) 5-3-5: TRANSFER OF VEHICLE: In the event any person to whom a vehicle license has been issued disposes of such vehicle to which the sticker was issued and wishes to substitute a different vehicle, such person may apply for a new sticker upon providing to the office of the Finance Director -Treasurer satisfactory evidence of the transfer of title or disposal of such vehicle and the removal of such sticker as was originally issued and upon payment of a fee of five dollars ($5.00) plus any additional fee for any change of the classification of the vehicle. (Ord. 12-30, 8-13- 2012) 5-3-6: PENALTY: Any person violating any of the provisions of this chapter shall be fined in accordance with title 1, chapter 4 of this Code. (Ord. 12-30, 8-13-2012) SECTION 3: Title 6, Chapter 4, Section 15 is hereby amended to read as follows: 6-4-15: PERMIT REQUIRED: A. It shall be the duty of every owner of any ferret, dog or cat over six (6) months of age to obtain a permit to own said animal from the Director of Finance -Treasurer and pay a permit fee as herein provided. The owner shall provide the Director of Finance -Treasurer with proof the animal has been currently inoculated against rabies and that said inoculation has not expired as a condition of obtaining and maintaining said permit. If any person is found guilty of violating any part of section 6-4-6 of this chapter, or of being cruel to animals, the Chief of Police is authorized to revoke all permits to own animals held by such person and the Director of Finance -Treasurer is authorized to refuse to issue any new permit to such person for a minimum of one year, as deemed necessary to prevent further cruelty to any animal. B. Any such revocation or refusal to issue a permit to own an animal may be appealed to the Village's Administrative Adjudication Hearing Officer by filing a written request for a hearing with the Village Administrator or his designee. In the event the owner fails to file a written request for a hearing within the requisite seven (7) day period, or fails to appear at a scheduled hearing, the owner will be deemed to have waived the right to a hearing. All hearings before the Village's Administrative Adjudication Hearing Officer shall be conducted pursuant to sections 3-3A-5 through 3-3A-7 of this Code. C. The annual permit fee for any ferret, dog, or cat shall be twenty-five dollars ($25.00), unless the animal has been spayed or neutered and microchipped, in which event the fee shall be ten dollars ($10.00). Except as otherwise provided in this Chapter, the permit fee shall be due and payable annually on or before September 1 of each year and the permit shall be for a one year period commencing September 1 of each said year and ending on August 31 of the following year. If an owner submits proof that the ferret, dog, or cat was not acquired or did not become six months until after February 28, the permit fee for the balance of the permit term shall be $10.00. Annual permits will only be issued with valid proof the animal is in compliance with subsection 6-4-14A of this chapter. If an owner fails to obtain a permit as required by this section, in addition to any fine imposed, the permit fee shall be increased to fifty dollars ($50.00). Animals registered prior to July 1, 2011, that have a lifetime registration, are exempt from the annual registration provision of this chapter. D. Upon registering the animal, the owner shall receive a permit tag which must be fastened to the animal's collar and worn by the animal at all times. Any ferret, dog or cat which does not have such a tag while in or upon any public street may be deemed to be a stray pursuant to section 6- 4-10 of this chapter. (Ord. 11-19, 6-13-2011) SECTION 4: The terms and conditions of this ordinance shall be severable and if any section, term, provision, or condition is found to be invalid or unenforceable by any reason by a court of competent jurisdiction, the remaining sections, terms, provisions, and conditions, shall remain in full force and effect. SECTION 5: In the event this ordinance or any Code amendment herein is in conflict with any statute, ordinance, or resolution or part thereof, the amendments in this ordinance shall be controlling and shall supersede all other statutes, ordinances, or resolutions but only to the extent of such conflict. Except as amended in this ordinance, all chapters and sections of the Village of Morton Grove Village Code are hereby restated, readopted, and shall remain in full force and effect. SECTION 6: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 25th day of September 2017. Trustee Grear Trustee Minx Trustee Ramos Trustee Thill Trustee Travis Trustee Witko APPROVED by me this 25th day of September 2017. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office 2e day of September 2017 Eileen Scanlon Harford, Village Clerk Village of Morton Grove Cook County, Illinois