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STAFF REPORT 2016-2P: Site Plan Approval Community Development Department Council Chambers, 7:30 PM, February 18, 2016 To: From: Re: Paul Luke, Plan Commission Chairperson Steve Marciani, AICP, Planning Supervisor 2016-2P: Site Plan Approval 9401-9463 Skokie Boulevard Related Cases 2016-1P: Subdivision 2016-3P: Site Plan Approval General Information Location Purpose Petitioner Size of Site Existing Zoning & Land Use Adjacent Zoning & Land Use Comprehensive Plan 9401-9463 Skokie Boulevard To modify an existing site plan approval to add a stand-alone limited service restaurant building with a drive-through and reconfigure parking spaces at an existing multitenant shopping center and any relief discovered during the review of this case. KF Skokie, LLC, and Jetco Properties, Inc, a Delaware corporation, on behalf of Katie Bulgrin and Susan Bulgrin 534,344 ft 2 (12.26 acres) B3 Commercial 3-unit commercial building with Old Navy, Marshall s, and Jewel North South East West B4 Regional Shopping performing arts center, office buildings B3 Business bank with drive-through (approved), auto repair facility (approved), limited service restaurant with drive-through (approved) R1 Single-Family junior high school, school bus transportation, administrative offices, townhouse residences, multifamily residences B3 Business bank with drive-through, car wash, limited service restaurant with drive-through, retail, multifamily residences The site is designated as retail/service employment. 1 of 9

SITE INFORMATION Public sidewalks run along Emerson Street and Gross Point Road. Overhead utilities run along the west side of Emerson Street and within an easement along the north side of the subject site. Driveways at Skokie Boulevard, Emerson Street, and Gross Point Road provide access to the subject site. An easement within the northeast corner of the subject site allows for vehicular access from Gross Point Road to the adjacent Concourse office building complex at 4709-4711 Golf Road. The site is served by the CTA 54A North Cicero/Skokie Blvd, CTA 97 Skokie, and Pace 208 Golf Road buses, which run on Skokie Boulevard, and the CTA 205 Chicago/Golf and Pace 215 Crawford-Howard buses, which run along Golf Road. STAFF ANALYSIS Petitioner s Submittal The petitioners are requesting to amend an existing site plan approval to add a standalone Culver s limited-service restaurant building with a drive-through and reconfigure parking spaces at an existing multitenant shopping center and any relief discovered during the review of this case. Currently, the development includes 2 adjoining buildings on 2 lots with shared driveways, parking, and stormwater detention facilities with special use permits for a pharmacy drivethrough facility and a seasonal outdoor garden center. The existing site plan approval included the possibility to expand the grocery store eastward into the eastern parking lot. The proposed amendment would instead allow for the construction of an approximately 5,000 ft 2 restaurant with a patio for outdoor dining and an additional drive-through in the eastern parking lot (special use case 2016-3P) and modify parking lot and ground signage on the site. The petitioners provided the following statement of effects for the proposed development: Culver's is an upscale fast food restaurant with both drive-through and sit-down facilities. The location of the building will enhance and improve the appearance of the shopping center, occupying a lesser used portion of the Jewel parking lot and partially serving as a "screen" for the Jewel drive-through pharmacy window. The new building will add to the overall value of the shopping center real estate, as no buildings are being removed. Provisions have been incorporated within the Culver's site plan to address the orderly flow of traffic through the site, and the traffic report clarifies minimal impact on the surrounding roadway network. Ample public utilities exist on or immediately adjacent to the site to serve the new restaurant. Stormwater management will be enhanced with the proposed modification and upgrades to the existing basin adjacent to the site, improving the view of the facility for motorist along Gross Point Road. Culver's 2 of 9

is an established restaurant chain and will complement the retail development along Gross Point Road, providing an upscale alternate dining opportunity for residents and regional employees. There will be no negative impact to public health, safety, morals, or welfare in the community. Comments Staff Comment and Review sheets were sent to all pertinent departments and were received from the Engineering, Forestry, and Planning Divisions. All other departments returned the sheets with no comments regarding the subject case. Engineering Division The Engineering Division reviewed the overall site plan and determined that, after accounting for cart collection areas the proposed plan will require 490 vehicle parking spaces and provide 559 spaces, so the vehicle parking requirements are met. Also, 25 bicycle parking spaces will need to be provided for the non-culver s portion of the site. Engineering also noted that some of the R7-8 and R7-I101 signage is missing from the existing accessible vehicle parking spaces. Additional site plan modifications are included in the recommended conditions. Forestry Division The Forestry Division is generally supportive of the landscaping plan. Many of the trees located in the existing development are maple and linden in fair or poor condition; both are susceptible to salt and perform poorly in parking lots. They are not listed on our approved species for parking lots list. Additionally, there are high voltage power lines that run along Gross Point Road. Many of the shade trees are side pruned or topped by ComEd. There have been some recent replacements of shade trees below the wires; small or medium maturing species would have been a better choice. Forestry is requesting an updated landscape plan and landscape agreement for the entire site so that as these trees die they are replaced with more suitable species for the site. Comments on the proposed Culver s site will be included in the Staff Report for case 2016-3P. Planning Division The Planning Division is supportive of the petitioners request. The plan meets all bulk, setbacks, and screening requirements for a commercial development. Planning concurs with Engineer s recommendation that the bicycle parking spaces be provided for the entire site at this time. Four bicycle parking spaces are currently 3 of 9

proposed for the Culver s restaurant. The remainder of the bike parking spaces should be proportionally distributed near the other store entrances in the center. All applicable conditions from the previous site plan approval ordinance are included in the recommended site plan approval conditions. Many of the conditions have been updated with current standard language. The conditions for the pharmacy drive-through facility have been separated from the site plan approval ordinance consistent with current Village practice. The conditions for the seasonal outdoor garden center sales have been removed because the approved location is being replaced with the restaurant. New Zoning chapter provisions have also been enacted since this special use permit was approved. A new special use permit for outdoor garden sales would need to be applied for though the public hearing process. APPEARANCE COMMISSION The ground signs were presented to the Appearance Commission on February 10, 2016. They were approved without comment. Both were consistent with the Signs chapter requirements. STAFF RECOMMENDATIONS Staff recommends that the petitioner s request for a site plan approval for a planned development at 9401-9463 Skokie Boulevard in a B3 Business district be APPROVED, based upon the Proposed Positive Findings of Fact and subject to the recommended site plan approval conditions below. Staff further recommends that V.O. 01-3-Z-2971, an ordinance amending the previously approved site plan and special use permit to allow a garden center at the existing commercial development including a food store with a drive-through pharmacy be repealed and a separate special use ordinance for the pharmacy drive-through be created with the appropriate conditions from the repealed ordinance be carried over into that new ordinance with the recommended special use conditions below. RECOMMENDED SITE PLAN APPROVAL CONDITIONS 1. Prior to the hearing of the subject case before the Board of Trustees, the petitioners must revise the overall site plan with the following modifications: a. Locate 25 additional bicycle parking spaces, proportionally distributed by non- Culver s store size, near the other store entrances in the center, consistent with 118-221 and 118-222 of the Skokie Village Code. b. Show R7-8 and R7-I101 signs in front of all the accessible vehicle parking spaces. c. Show dimensions of parking spaces and drive aisles. 4 of 9

d. Provide stop signs where the drives from the restaurant intersect with the main drives of the development. e. Relocated the stop sign at the unsignalized intersection with Gross Point Road so that it is in better proximity to the stop bar, per Engineering Division approval. f. Provide a sign legend and indicate all regulatory and other ground signage. g. Light poles should be at least 2 from the front of curbs facing parking spaces or be located at lane lines. 2. Prior to the hearing of the subject case before the Board of Trustees, the petitioners must revise the landscape plan to include a notation that the species and form of all parking lot and parkway trees that will need future replacement must be approved by the Village of Skokie. 3. Prior to the hearing of the subject case before the Board of Trustees, the petitioners must revise the signs package to show R7-8 and R7-I101 signage for accessible vehicle parking spaces. 4. The petitioners shall develop the Subject Property in substantial conformance with the final Village approved site plan dated <insert date of final approved plan>, landscape plan dated <insert date of final approved plan>, and sign plans dated <insert date of final approved plan>. (Standard) 5. Shopping cart return corrals shall be provided and maintained in a good state of repair, as approved by the Village. (01-3-Z-2971) 6. At least once every 4 hours and at the close of business each day the operators of businesses shall collect all shopping carts and return them to the store and clear all debris from the site. (01-3-Z-2971/Standard) 7. The petitioners shall maintain all fire lanes and signs as required by the Fire Prevention Bureau. (01-3-Z-2971) 8. Coin operated amusement devices are specifically prohibited. (01-3-Z-2971) 9. External lighting shall be provided for the façade fronting Skokie Boulevard and such lighting shall be illuminated from dusk until dawn. (01-3-Z-2971) 10. No recreational vehicles, trailers, or boats shall remain on the subject site. (01-3-Z-2971) 11. No automobile repair work or servicing shall be conducted on the Subject Site. (01-3-Z- 2971) 12. No vehicles in need of repair or disabled shall remain on the Subject site. (01-3-Z-2971) 13. Prior to the issuance of building permits, the petitioners shall submit for approval a lighting photometrics plan, fully developed civil engineering plans that comply with the county WMO requirements and Village s stormwater control provisions, and redevelopment engineering plans to address all aspects of private and public utility services. Any reconfigurations within state ROW will require an IDOT highway/utility permit. (Standard) 5 of 9

14. Parking lot and exterior lighting shall meet Illuminating Engineering Society of North America (IES) standards, be full cut-off design, and be directed away from adjacent properties, subject to the approval of the Engineering Division. (Standard) 15. Any outdoor sound systems shall at all times maintain audio levels that are compliant with the Skokie Village Code. (Standard) 16. All existing damaged public sidewalks or public sidewalks damaged due to the implementation of this plan shall be replaced. (Standard) 17. No objects are allowed within a 15-foot sight distance triangle between 30 and 84 from grade except traffic control devices listed in the Manual on Uniform Traffic Control Devices. (Standard) 18. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage, landscaping, structures, and any other facilities or infrastructure on the Subject Property shall be maintained in a good state of repair, and when needed, be repaired or replaced in a timely manner. (Standard) 19. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other objects that may impede travel. (Standard) 20. Trash shall only be allowed within a designated trash enclosure and shall be screened from public view in an enclosure approved by the Appearance Commission. All trash shall be contained in such a way as to remain out of sight at all times <, except for waste receptacles referenced in Condition Number XX below>. (Standard) 21. Waste receptacles shall be placed on the Subject Property for the use of customers, and that the Health Department shall determine the size, type, and location of these units. (Standard) 22. All off-street parking spaces shall be legibly striped and maintained. (Standard) 23. Any plan to modify parking lot striping must be approved by the Director of Engineering. (Standard) 24. The handicapped parking spaces shall be installed and maintained in compliance with State of Illinois Accessibility Standards and the Skokie Village Code, including required signage. (Standard) 25. Vehicles shall not be allowed to be parked in or otherwise block common driveways, sidewalks, aisles, or other points of access at any time, shall only be parked in designated parking spaces, and shall not overlap the striped lines of designated parking spaces. (Standard) 26. The owners of the Subject Property and their tenants shall ensure that employees park on the Subject Property. (Standard) 27. No required parking space on the site may be for the exclusive use of any tenant. (Standard) 6 of 9

28. All new or replacement utility services on the Subject Property or in adjacent rightof-way shall be placed or relocated underground. The petitioners shall bear the full cost of any utility relocation and/or conflicts. (Standard) 29. The petitioners shall sign an "Agreement for Installation and Maintenance of Landscaping" to assure that the Subject Property and parkway landscaping is completed and maintained, including trimming, watering, and replacing of dead plant materials in a timely manner in accordance with the final approved landscape plan. A copy of said Agreement is attached hereto, marked Exhibit A and hereby made part of this Ordinance. This Agreement for Installation and Maintenance of Landscaping" shall be recorded at the petitioner s expense. (Standard) 30. All new construction, alterations, and remodeling shall meet current International Building and NFPA Life Safety Codes as amended. (Standard) 31. The petitioners shall obtain all required permits and approvals for improvements to County, State, or Federal rights-of-way from the governing jurisdiction. (Standard) 32. The Subject Property must conform to the Village's storm water control requirements as contained in the Skokie Village Code. (Standard) 33. All signage shall conform to the Skokie Village Code. Any sign on the Subject Property that is in violation of that Code must be removed or modified to conform with the Village Code prior to the issuance of an occupancy permit. (Standard) 34. All modifications to building elevations, signage, and landscaping shall be subject to the review and approval of the Skokie Appearance Commission. (Standard) 35. The petitioners shall submit to the Planning Division electronic files of the plat of survey, site plan, and landscape plan in their approved and finalized form. The files shall be scaled 2-dimensional drawing files on non-compressed, non-read only CD- ROM *.dwg AutoCAD format. (Standard) 36. Prior to the issuance of building permits, the petitioners shall submit to the Planning Division of the Community Development Department the name, property address, email address, and telephone number of the company and contact person responsible for site maintenance in compliance with the special use permit. (Standard) 37. If work is to be performed on public property or if public property is utilized or impacted during construction and/or development, the owner shall provide, or shall cause the developer and/or contractor to provide, the Village of Skokie with a certificate of insurance naming the Village of Skokie as additionally insured for any and all claims related to any and all work. The owner shall hold, and shall cause the developer and/or contractor to hold, the Village of Skokie harmless and indemnify the Village for any and all claims for property damage or personal injury related to work on or use of public property. (Standard) 38. The petitioners shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. (Standard) 7 of 9

39. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to initiate hearings to determine whether the subject Ordinance, as well as any applicable business licenses, should be revised or revoked. The petitioners shall pay all costs related to any hearings conducted as a result of non-compliance with any of the provisions of the enabling ordinance. The costs shall include but not be limited to court reporter fees, attorney fees, and staff time required researching and conducting said hearing. (Standard) RECOMMENDED SPECIAL USE CONDITIONS 1. All the conditions in the site plan approval ordinance that governs this site shall also apply to this special use permit. 2. The minimum vertical clearance under any part of the drive-through shall be 7 feet. (01-3-Z-2971) 3. The petitioner shall implement any necessary operational improvements to ensure that stacking of vehicles within the drive-through lane will be contained on site and not impede or obstruct pedestrian or vehicular movements. (Standard) ATTACHMENTS 1. Proposed Positive Findings of Fact 2. Overall Site Plan, dated February 4, 2016 3. Original Landscape Plan with Culver s Overlay, dated February 5, 2016 4. Multi-tenant Monument sign details, dated January 6, 2016 5. Land Use and Zoning Map 8 of 9

Proposed Positive Findings of Fact 2016-2P: Site Plan Approval Community Development Department Council Chambers, 7:30 PM, February 18, 2016 Consideration The request is harmonious with and does not adversely affect adjacent properties. The request can demonstrate that adequate public facilities, including roads, drainage, utilities, and police and fire protection exist or will exist to serve the requested use at the time such facilities are needed. The request demonstrates adequate provision for maintenance of the associated structures. The request has considered and, to the degree possible, addressed the adverse effects on the natural environment. The request will not create undue traffic congestion. The request will not adversely affect public health, safety, and welfare. The request conforms to all applicable provisions of this code, except where relief is granted with the request. Finding The request is harmonious with and should not adversely affect adjacent properties. The site is served by existing public facilities and services. Public utilities will not be unduly burdened by the development. The request demonstrates adequate provision for maintenance of the associated structures. The development currently provides stormwater detention, modern lighting, and screening. The site is designed to accommodate the stacking and storage for the drive-through facility and customers. The entire site will have access to the traffic lights Skokie/Emerson and Gross Point at Kenton. The public health, safety, morals and general welfare in general will not be unduly burdened by the development. The request conforms to all applicable provisions of this code. Additional Considerations for Planned Developments The proposed use of the particular site, including any exceptions to use, shall be shown as necessary or desirable to provide a service, amenity, or facility that will contribute to the general well-being of the surrounding area. Under the circumstances of the particular case, the proposed use will not be detrimental to the health, safety, or general welfare of persons residing within or in the vicinity of the PD. Finding The redevelopment of the property will have a positive impact by generating jobs and sales taxes on an underutilized portion of an existing shopping center. The development will not be detrimental to the public health, safety, or general welfare of persons residing within the vicinity of the development. 9 of 9

1 1 RWG Engineering, LLC NEW CULVER'S RESTAURANT 975 E. 22nd Street, Suite 400, Wheaton, IL 60189 Phone: (630) 480-7889 www.rwg-engineering.com Civil Engineering - Real Estate Consulting - Project Management EMERSON ST. & GROSS POINTE RD. - SKOKIE, ILLINOIS OVERALL SITE PLAN 2016