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HomeMy WebLinkAbout7. New Business 04/21/2015Village of Mount Prospect Community Development Department MEMORANDUM TO: DAVID STRAHL, ACTING VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: APRIL 13, 2015 Mount Prospect SUBJECT: PZ -01-15 / 212 E. RAND RD. / VARIATION (PARKING LOT SETBACK) The Petitioner would like to expand the existing parking lot located in front of the building. The site plan indicates the number of parking spaces would increase from ten (10) to eighteen (18). The parking lot expansion would comply with the required ten foot (10') parking lot setback along the west and south lot lines, but requires a variation to allow a four foot (4') parking lot setback along the east lot line. The Planning & Zoning Commission conducted a public hearing to review the request on Thursday, February 26, 2015, and by a vote of 6-0, recommended approval of a variation to allow a four foot (4') parking lot setback along the east lot line, subject to the conditions listed in the staff report. Details of the proceedings and items discussed during the Planning and Zoning Commission hearing are included in the attached minutes. Please forward this memorandum and attachments to the Village Board for their review and consideration at their April 21, 2015 meeting. Staff will be present to answer any questions related to this matter. ], William J. Cooney, AICD \\Vf1Wh11cd5\PLAMPIanning&Zoning COMM\P&Z2015\Villagc Manager Mcmos\PZ-01-15212E Rand Rd(VAR.Parking Lot Sclback).d— April 6th 2015 William J. Cooney, AICP Director of Community Development Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 Dear Mr. Cooney, The Planning and Zoning Commission recommended approval of our PZ -01-15/212 E. Rand Road/ Variation ( Parking Lot Setback) by 6-0 vote. Our request is scheduled to go before Village Board for the ordinance's first reading on April 21st, 2015. We are requesting that Village Board waive the second reading, tentatively scheduled for May 5th 2015 and take final action at the April 21st, 2015. We are anxious to start the project as soon as possible so that we can complete before winter. I appreciate your assistance in facilitating this request. Should you have any questions, feel free to contact me at 847-398-5800. ncoely, Ranier Kumar 212 East Rand Road Mount Prospect, IL 60056 Village of Mount Prospect Community Development Department CASE SUMMARY — PZ -01-15 LOCATION: 212 E. Rand Road PETITIONER: Rajinder Kumar - Des Plaines Family Care Pet Clinic OWNERS: Raj inder Kumar and Fatima Mohammad PARCEL #: 03-34-200-207-0000 LOT SIZE: 0.66 acres (28,914.19 sq. ft) ZONING: B3 Community Shopping District LAND USE: Animal Hospital REQUEST: Variation to Parking Lot Setback LOCATION MAP ` 'Nn 212 E. Ran 70 37,. ry i� 60 Vit• .i 71 +� 14( 1 c7 6D6' �. 60LD' Cn I .r. P6f�4 r co ..60511 -9N--j v N � t ,602 91 70 37,. ry i� 60 Vit• .i 71 +� 14( 1 c7 6D6' �. 60LD' Cn I .r. P6f�4 r ..60511 -9N--j i�1 t ,602 Village of Mount Prospect Community Development Department MEMORANDUM TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION JOSEPH P. DONNELLY, CHAIRPERSON FROM: CONSUELO ANDRADE, SENIOR PLANNER DATE: FEBRUARY 16, 2015 HEARING DATE: FEBRUARY 26, 2015 SUBJECT: PZ -01-15 / VARIATION (PARKING LOT SETBACK) / 212 E. RAND ROAD / DES PLAINES FAMILY PET CLINIC BACKGROUND A public hearing has been scheduled for the February 26, 2015 Planning & Zoning Commission meeting to review the application by Rajinder Kumar for Des Plaines Family Pet Clinic (the "Petitioner") regarding the property located at 212 E. Rand Road (the "Subject Property"). The Petitioner is seeking Variation approval to allow a four foot (4') parking lot setback along the east lot line. The P&Z hearing was properly noticed in the February 11, 2015 edition of the Daily Herald newspaper. In addition, the Petitioner provided written notice to property owners within 250 -feet and staff posted a public hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located on the north side of Rand Road, and includes an animal hospital with related improvements. The Subject Property is zoned B3 Community Shopping District and is adjacent to the B3 Community Shopping District on all sides. SUMMARY OF PROPOSAL The Petitioner would like to expand the parking lot located in front of the building. The site plan indicates the number of parking spaces would increase from ten (10) to seventeen (17). The parking lot expansion would comply with the required ten foot (10') parking lot setback along the west and south lot lines, but requires Variation approval to allow a four foot (4') parking lot setback along the east lot line. Parkin The Subject Property complies with the required number of parking spaces. The parking requirement for an animal hospital is three (3) per exam room. The animal hospital currently operates three (3) exam rooms, which requires nine (9) parking spaces. The existing number of parking spaces is (10) parking spaces, including an accessible parking space. The Petitioner would like to operate four (4) exam rooms in the near future, which would require twelve (12) parking spaces. The proposed parking lot expansion will increase the number of parking spaces to seventeen (17). PZ -01-15 Planning & Zoning Commission Meeting February 26, 2015 Page 3 Landscaping The Petitioner will be required to improve the parking lot expansion with landscaping along the front and side yards. A landscape plan illustrating the proposed landscape improvements will be required. Si na e There is currently one freestanding sign along Rand Road. The Petitioner's parking lot expansion would require the sign to be relocated. Comments from other departments Other departments reviewed the proposal and did not object to the request. However, the Petitioner shall keep in mind that a complete set of plans, including a landscape and photometric plan, will be required to be submitted for review and approval at time of building permit application. JIM4111 U1 The standards for a Variation are listed in Section 14.203.C.9 of the Village Zoning Ordinance and include seven specific findings that must be made. The following list is a summary of these findings: A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; Lack of desire to increase financial gain; and Protection of the public welfare, other property, and neighborhood character. Per the Petitioner, the Subject Property does not provide enough parking to accommodate the peak number of employees and clients. There are eight (8) employees at peak time, which currently park off-site on the residential streets that are located to the east. The Petitioner states the Subject Property is unique as it measures seventy feet (70') wide and consists of a building that is centrally located from the side lot lines. Village Staff believes the Petitioner's request complies with the Variation standards and is supportive of the request. The Subject Property's characteristics are unique. The Subject Property is long and narrow. The existing building location and required setbacks restrict the areas where additional parking could be added. The Petitioner originally proposed to construct a parking lot in the rear of the building for employees only, which would have required Variations to the drive -aisle width and the parking lot setbacks along the west and east lot lines. Further, it would not have provided for safe and efficient traffic flow. The current parking lot expansion in front of the building was based on Staff's recommendation and requires a Variation only to the parking lot setback along the east lot line. Staff does not feel the proposed parking lot expansion would be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. RECOMMENDATION Staff finds that the standards for a Variation have been met, as set forth in the Petitioner's responses to the standards. Based on these findings, Staff recommends that the Planning & Zoning Commission make a motion to adopt staff s findings as the findings of the Planning and Zoning Commission and recommend approval of the following motion: A. "A Variation to allow a four foot (4') parking lot setback along the east lot line, subject to the following conditions: The site shall be developed in general conformance with the site plan prepared by Bradley Engineering, dated January 30, 2015; PZ -01-15 Planning & Zoning Commission Meeting February 26, 2015 Page 4 2. Submittal of a landscape plan that complies with the required parking lot landscaping; 3. Submittal of a photometric plan that complies with the parking lot lighting requirements; 4. Obtaining permits from the Illinois Department of Transportation (IDOT) for any work within the Rand Road; 5. Compliance with all applicable Village Code requirements; and 6. The development approvals granted herein shall become null and void if no building permit is issued within one (1) year and improvements completed within a period of eighteen (18) months." The Village Board's decision is final for this case. I concur: William J. Cooney, Al P Director of Community Development H:NLAMPIanning&Zoning COA-MT&Z 201 MtaR RcponslPZ-01-15212E Rand Rd (VAR -Parking Lot Setback). cbcx MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -01-15 PROPERTY ADDRESS: PETITIONER: PUBLICATION DATE: PIN NUMBER: REQUESTS: MEMBERS PRESENT: MEMBERS ABSENT: STAFF MEMBERS PRESENT: INTERESTED PARTIES: Hearing Date: February 26, 2015 212 E. Rand Road Rajinder Kumar- Des Plaines Family Car Pet Clinic February 11, 2015 03-34-200-207-0000 Variation to Parking Lot Setback Agostino Filippone Sharon Otteman Thomas Fitzgerald William Beattie Keith Youngquist Jeanne Kueter Norbert Mizwicki, Chairman Joseph Donnelly Consuelo Andrade, Senior Planner Rajinder Kumar- Des Plaines Family Car Pet Clinic Vice -Chairman Youngquist called the meeting to order at 7:35 p.m. Commissioner Otteman made a motion to approve the minutes of the January 22, 2015 meeting; Commissioner Filippone seconded the motion. The minutes were approved 3-0 with three Commissioners abstaining. Vice -Chairman Youngquist introduced Case PZ -O1-15, 212 E. Rand Road and stated it was Village Board Final. Ms. Andrade stated that the Subject Property is located on the north side of Rand Road, and includes an animal hospital with related improvements. The animal hospital currently operates three (3) exam rooms, which requires nine (9) parking spaces. Ms. Andrade further explained that property currently provides ten (10) parking spaces, including an accessible parking space. Ms. Andrade stated the Petitioner is requesting to expand the parking lot located in the front of the building to add seven (7) additional parking spaces increasing the overall amount of parking spaces to seventeen (17) including one (1) accessible space. Ms. Andrade further stated that the expansion would comply with the required ten foot (10') parking lot setback along the west and south lot lines, but requires a Variation approval to allow a four foot (4') parking lot setback along the east lot line. Planning and Zoning Commission- February 26, 2015 PZ -01-15 Keith Youngquist, Vice Chair 2 Ms. Andrade stated the Petitioner would like to add one (1) examination room which would require twelve (12) parking spaces. The proposed expansion would meet and exceed the required parking. The Petitioner will be required to improve the parking lot expansion with landscaping and parking lot lighting. Ms. Andrade stated the Petitioner submitted a preliminary photometric plan, but has not submitted a landscape plan. The Petitioner would be required to submit a landscape plan before they get the building permit. Ms. Andrade summarized the standards for a Variation as the following: • A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; • Lack of desire to increase financial gain; and • Protection of the public welfare, other property, and neighborhood character. Ms. Andrade stated per the Petitioner, the Subject Property does not provide enough parking to accommodate the peak number of employees and clients. There are eight (8) employees at peak time, which currently park off-site on the residential streets that are located to the east. The Petitioner states the Subject Property is unique as it measures seventy feet (70') wide and consists of a building that is centrally located from the side lot lines. Ms. Andrade stated that Village Staff is supportive of the request and that it complies with the Variation standards. She further explained the proposal to expand the parking lot area in front of the building was based on Staff's recommendation and requires a Variation only to the parking lot setback along the east lot line. Staff does not feel the proposed parking lot expansion would be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. Ms. Andrade stated Staff recommends that the Planning & Zoning Commission make a motion to adopt staff's findings as the findings of the Planning and Zoning Commission and recommend approval of the following motion: "A Variation to allow a four foot (4') parking lot setback along the east lot line, subject to the following conditions: 1. The site shall be developed in general conformance with the site plan prepared by Bradley Engineering, dated January 30, 2015 received on February 18, 2015; 2. Submittal of a landscape plan that complies with the required parking lot landscaping; 3. Submittal of a photometric plan that complies with the parking lot lighting requirements; 4. Obtaining permits from the Illinois Department of Transportation (IDOT) for any work within the Rand Road; 5. Compliance with all applicable Village Code requirements; and 6. The development approvals granted herein shall become null and void if no building permit is issued within one (1) year and improvements completed within a period of eighteen (18) months." Planning and Zoning Commission- February 26, 2015 PZ -01-15 Keith Youngquist, Vice Chair 91 Commissioner Younquist confirmed the revised site plan would provide a total of 18 parking spaces. Ms. Andrade stated the Village Board's decision is final for this case. Commissioner Fitzgerald asked what the parking lot setback requirement is without the Variance. Ms. Andrade responded ten feet (10'). She further stated that the current parking lot setback should be in compliance as the approved site plan on file indicated a ten foot (10') parking lot setback. The parking lot did not go through the Variation process when the build -out was done in 2012. Ms. Andrade stated Staff could not confirm the existing parking lot setbacks as the Petitioner did not submit an updated Plat of Survey. Vice Chairman Youngquist swore in Rajinder Kumar, owner of Des Plaines Family Care Pet Clinic. And Martin Susala from Bradley Engineering, 11411 Armory Road, Hebron Illinois 60034. Mr. Kumar stated that the business has grown and is need of more parking for his employees and customers. Commissioner Youngquist commented that Staff's recommendation of putting the parking lot in the front is the right approach for the project and will work better than the Petitioner's previous plan of constructing the parking lot in the back of the building. There was general discussion regarding the conditions upon approval of the request. The Petitioner stated he understood and agreed to the conditions, but commented they will not need to obtain a permit from the Illinois Department of Transportation (IDOT) because they will not be disrupting Rand Road. Vice Chairman Younquist stated that he understood but the condition will still remain as part of the motion. Vice Chairman opened the discussion to the public, hearing no comments the public portion of the case was closed and discussion was brought back to the board. Hearing no further discussion, Commissioner Beattie made a motion seconded by Commissioner Fitzgerald to approve the following motion: "A Variation to allow a four foot (4') parking lot setback along the east lot line, subject to the following conditions: 1. The site shall be developed in general conformance with the site plan prepared by Bradley Engineering, dated January 30, 2015 received on February 18, 2015; 2. Submittal of a landscape plan that complies with the required parking lot landscaping; 3. Submittal of a photometric plan that complies with the parking lot lighting requirements; 4. Obtaining permits from the Illinois Department of Transportation (IDOT) for any work within the Rand Road; Planning and Zoning Commission- February 26, 2015 PZ -01-15 Keith Youngquist, Vice Chair 4 5. Compliance with all applicable Village Code requirements; and 6. The development approvals granted herein shall become null and void if no building permit is issued within one (1) year and improvements completed within a period of eighteen (18) months." UPON ROLL CALL: AYES Filippone, Otteman, Fitzgerald, Beattie, Youngquist, Kueter NAYS NONE The motion was approved 6-0 with a positive recommendation to Village Board. Commissioner Beattie made a motion seconded by Commissioner Fitzgerald and the meeting was adjourned at 7:46 pm. lei is Moder Administrative Assistant Planning and Zoning Commission- February 26, 2015 PZ -01-15 Keith Youngquist, Vice Chair #7 STANDARDS FOR VARIATION, 14.2217, 10 SIDEYARD SETBACKS 1. THE 70' WIDE LOT MEETS THE SIDETYARD SETBACKS. HOWEVER ADDITIONAL PARKING IS NECESSARY AS THE DOCTOR HAS 10 FULL TIME EMPLOYEES, AND HIMSELF. THERE ARE ONLY 9 SPACES IN FRONT, ONE BEING A HANDICAP SPACE. LEAVING NO PARKING FOR THE HOSPITAL CLIENTS. STAFF MUST PARK OFF-SITE AND WALK TO THE SITE, STAFF CURRENTLY PARKS ON RESIDENTIAL STREETS TO THE EAST. A DEFINITE HARDSHIP, ESPECIALLY IN WINTER, 2. THESE CONDITIONS ARE UNIQUE TO THIS VERY NARROW SITE 3. EXPANSION OF PARKING IS NOT MOTIVATED BY ANY GREATER PROFIT MOTIVE. THE HARDSHIP CAUSED BY THE LACK OF PARKING CANNOT BE MINIMIZED. 4. WHEN CONVERTING THE BUILDING TO THE HOSPITAL, VILLAGE REQUIRED THE UPGRADING OF THE PROPERTY, AND PARKING ARRANGMENT THAT EXISTS. 5. THE SIDEYARD VARIATION WILL OCCUR IN THE REAR OF THE OFFICE, WITH NO PUBLIC DETRIMENT. RATHER ELIMINATING THE NEED FOR STAFF TO WALK BLOCKS TO AND FROM THE OFFICE WILL IMPROVE SAFETY AND PUBLIC WELFARE. 6. THE SIDEYARD VARIATION WILL NOT ALTER THE CHARACTER OF THE BLANK WALL OF THE DISCOUNT TIRE PROPERTY, NOR THE VACANT LOT TO THE EAST. 7. THE VARIATION WILL DECREASE CONGESTION IN THE NEIGHBORING RESIDENTIAL AREA, AND IMPROVE PROPERTY VALUES. STANDARDS FOR VARIATION, 14.2215,12' DRIVEWAY 1 . THE BUILDING SIDEYARD SETBACKS ARE 14.09'E & 15.66'W. THE EAST PROPERTY LINE RUNS ALONG AN ACTIVE CREEK, IS SEVERELY SLOPED, AND CONTAINS THE WALK AROUND TO THE REAR OF THE BUILDING. ACCESS TO THE EAST SETBACK FOR A SECOND DRIVE WILL ELIMINATE AT LEAST THREE EXISTING PARKING SPACES, AND AFFECT THE HANDICAP SPACE, DEFEATING THE EXPANSION. 2. THE CONDITIONS CITED ABOVE ARE UNIQUE, AND A 12' DRIVE FOR EMPLOYEES ONLY ARE COMMON IN THE CLASSIFICATION 3. THE NEED FOR GREATER EMPLOYEE PARKING IS A SAFETY INSUE, AND A HARDSHIP FOR THOSE EMPLOYEES. THIS EXPENSE WILL NOT BE RECOUPABLE, OR ADD TO PROFIT. 4. WHEN CONVERTING THE BUILDING TO THE HOSPITAL, VILLAGE REQUIRED THE UPGRADING OF THE PROPERTY, AND PARKING ARRANGMENT THAT EXISTS 5. PUBLIC WELFARE WILL BE ENHANCED BY LESSENING RESIDENTIAL TRAFFIC, IMPROVING THE RSIDENTIAL PROPERTIES PRIVACY. 6. THIS PROPOSED "SIGNED" EMPLOEE ONLY EXPANSION IN THE REAR OF THE OFFICE, BASICALLY OUT OF SITE OF RAND ROAD WILL BE SCREENED BY THE DISCOUNT TIRE BUILDING. 7. THE OPEN AIR, SECURITY LIGHTED, PARKING AREA WILL HAVE NO ADVERSE EFFECTS ON ADJACENT PROPARTIES. File Number: 12-0467 LEGAL DESCRIPTION THE WEST 70 FEET OF THE EAST 140 FEET OF THAT PART OF THE NORTHEAST t/4 OF THE NORTHEAST 1/4 OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE NORTH LINE OF RAND ROAD (EXCEPT THE NORTH 500 FEET THEREOF), IN COOK COUNTY, ILLINOIS. 03-34-200-013-0000 D StreamLine Form Legal Description - Exhibit "A" © Rev 1/28/2011 2 58OOPM Plat of Topography THE 'NEST 70 FEET OF THE EAST 140 FEET OF THAT PART OF THE NORTHEAST 114 OF THE i NORTHEAST 114 OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL E tZ MERIDIAN, LYING NORTH OF THE NORTH LINE OF RAND RAOD, (EXCEPT THE NORTH 500 FEET (0 THEREOF) IN COOK COUNTY, ILLINOIS. 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This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION Legend Corporate Boundary * Municipal Building Notes This map was automatically generated using Geocortex Essentials 2/19/2015 EXISTING PARKING 9 SPACES 9 X 18 & 1 HCP LOT AREA 29,041sf, 0.47A. EXISTING IMPERV 8,564sf-29.5% IMP. PROPOSED IMPERV 9,910sf-34,17 IMP ADDING 1,346sf M Co PROPOSED PARKINt 16 SPACES 9 X 16 & 1 HCP BLACK CURBING IS PROPOSED J ¢ Z O J O 2Q. Z QQ WX f ¢ Q -W ZQ' C3 Lo ¢ Q' Z H;7. QY y(U HQ ¢ D a- a: 2 fa Z ¢ Q C-1 A Lawd6�eyM9 plat (Of UrttPaj i A w £ r ORDINANCE NO AN ORDINANCE GRANTING A VARIATION (PARKING LOT SETBACK) FOR PROPERTY LOCATED AT 212 EAST RAND ROAD, MOUNT PROSPECT, ILLINOIS WHEREAS, Rajinder Kumar, Des Plaines Family Care Pet Clinic (Petitioner), has filed a petition for a Variation to allow for a four (4) foot parking lot setback along the east lot line for property located at 212 East Rand Road (Property) and legally described as: THE WEST 70 FEET OF THE EAST 140 FEET OF THAT PART OF THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE NORTH LINE OF RAND ROAD, EXCEPT THE NORTH 500 FEET THEREOF) IN COOK COUNTY, ILLINOIS. ALSO KNOWN AS LOT 1 IN 212 EAST RAND ROAD PLAT OF CONSOLIDATION, BEING A SUBDIVISION OF THAT PART OF NORTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, (RECORDED ON MARCH 8, 2013, AS DOCUMENT NUMBER 1306516018), IN COOK COUNTY, ILLINOIS. PROPERTY INDEX NUMBER: 03-34-200-013-0000 WHEREAS, the “Petitioner” seeks a Variation to allow a four (4) foot parking lot setback to increase the number of parking spaces from ten (10) to eighteen (18) as shown on the Petitioner’s Site Plan dated January 30, 2015 received on February 18, 2015, attached as Exhibit “A” for the property located at 212 East Rand Road; and WHEREAS, a Public Hearing was held on the request for a Variation being the subject of PZ-01-15 before the Planning and Zoning Commission of the Village of Mount Prospect on th the26 day of February, 2015, pursuant to proper legal notice having been published in the th Daily Herald Newspaper on the 11 day of February 2015; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the Mayor and Board of Trustees in support of the request being the subject of PZ-01-15; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the request meets the standards of the Village and that the granting of the Variation to allow a four (4) foot parking lot setback to increase the number of parking spaces from ten (10) to eighteen (18) would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth hereinabove are incorporated as findings of fact by the Mayor and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The Mayor and Board of Trustees of the Village of Mount Prospect grant a Variation to allow a four (4) parking lot setback along the east lot line, as shown on the site plan dated January 30, 2015 received on February 18, 2015, subject to the following conditions: 1. The site shall be developed in general conformance with the site plan prepared by Bradley Engineering dated January 30, 2015 received on February 18, 2015; 2. Submittal of a landscape plan that complies with the required parking lot landscaping; 3. Submittal of a photometric plan that complies with the parking lot lighting requirements; 4. Obtaining permits from the Illinois Department of Transportation (IDOT) for any work within Rand Road; 5. Compliance with all applicable Village Code requirements; and 6. The development approvals granted herein shall become null and void if no building permit is issued within one (1) year and improvements completed within a period of eighteen (18) months. SECTION THREE: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance and Exhibit “A” with the Recorder of Deeds of Cook County. SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage, approval in the manner provided by law. AYES: NAYS: ABSENT: ABSTAIN: PASSED AND APPROVED this day of April 2015. ______________________________________ Arlene A. Juracek Mayor ATTEST: ________________________________ M. Lisa Angell Village Clerk EXISTING PARKING 9 SPACES 9 X 18 & 1 HCP LOT AREA 29,041sf, 0.47A. EXISTING IMPERV 8,564sf-29.5% IMP. PROPOSED IMPERV 9,910sf-34,17 IMP ADDING 1,346sf M Co PROPOSED PARKINt 16 SPACES 9 X 16 & 1 HCP BLACK CURBING IS PROPOSED J ¢ Z O J O 2Q. Z QQ WX f ¢ Q -W ZQ' C3 Lo ¢ Q' Z H;7. QY y(U HQ ¢ D a- a: 2 fa Z ¢ Q C-1 A Village of Mount Prospect Community Development Department MEMORANDUM TO: DAVID STRAHL, ACTING VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: APRIL 13, 2015 Prospect SUBJECT: PZ -02-15 / 600 SEE GWUN AVE. / MT. PROSPECT PARK DISTRICT / PLATS The Petitioner is seeking approval of the attached plats for the Mount Prospect Golf Course located at 600 See Gwun Avenue. These plats clarify existing and newly created easements, rights of way and property boundaries between the Village and the Park District as they relate to the golf course property. The plats are outlined below: The plat titled "Plat of Vacation We Go Trail & Man -Awa Trail" vacates 19,930 square feet (.4582 acres) of We -Go Trail and 20,880 square feet (.4793 acres) of Man -Awa Trail that are part of the golf course. The Village has no plans for public improvements in these areas. The plat vacates these areas of We - Go Trail and Man -Awa Trail and grants them to the Mt. Prospect Park District. The plat titled "Plat of Access & Water Main Easement Vacation" vacates an existing twenty foot (20') wide access and water main easement that was granted in 1967. The Plat titled "Plat of Easement" grants new access and water easements and a well and reservoir easement to the Village of Mount Prospect. Finally, the plat titled "Plat of Consolidation Mount Prospect Golf Club" creates a lot of record and dedicates the required public utility and drainage easements along the property lines. Please forward this memorandum and attachments to the Village Board for their review and consideration at their April 21, 2015 meeting. Staff will be present to answer any questions related to this matter. William J. Cooney, AICD \\Vfl\vhllred$\PLAN\Plamdng&Zoning CONW&Z 201SVillage Manager Mcmos\PZ-02-15600 See Owon Ave (Plats) docs April 13, 2015 Village of Mount Prospect 50 South Emerson Street Mount Prospect, Illinois 60056 Attention: Consuelo Andrade RE: Mount Prospect Golf Course 600 S. See -Gwen Avenue Mt. Prospect Park District Plats of Consolidation, Vacations & Easement Dear Ms. Andrade: Pursuant to your direction and that of the Mount Prospect Park District, we are providing this request for and to the Mount Prospect Village Board to approve the processing and to permit the ultimate Village signatures to various plats related to the Mount Prospect Golf Course that have been submitted (Consolidation, Access Easement Vacation, New Access - Village Water Tank Easements, and Right -Of -Way Vacations). It is understood that approval would be subject to the return of these plats for processing and recording after obtaining all signatures from the numerous utility entities that are required to sign various plats. It is estimated at this time that the utility signatures may take 5 - 6 weeks to collect and the recording/processing may take an additional 3 — 4 weeks. The Mount Prospect Park District makes this request in order to help continue the process and to allow plat signature completion and recording before the current Golf Course work and the Village's scheduled improvements/easement area expansion to the Water Tank on the course are completed. Since the Park District cannot sign the plats until the utility signatures have been collected, its Board has recently approved a similar motion authorizing its officers to sign once those signatures are obtained. On behalf of the Mount Prospect Park District, thank you for your consideration and ongoing assistance. Respectfully submitted: Groundwork, ltd. By: �hn�Green, ;�oun�dwork, �ltd. V Cc: Mr. Greg Kuhs — Executive Director, Mount Prospect Park District Mr. Jim Jarog — Mount Prospect Park District GROUNDWORK, LTD. ARCHITECT5/ PLANNERS/ ENGINEEP5 351 WE5T DUNDEE ROAD, SUITE A BUFFALO GROVE, 1H IN015 60089 4347.541.4151 fAX 847.541.40GG ,3workltd@5bC,qlOb2i.net www-tyouridworkltd.com Prospect r District .mppd.org SemngPortlons of Mt. Prospect ® Des Plaines a Arlington Heights ®Blk Gmae Wage ADMINISTRATIVE OFFICES January 9th, 2015 (847)255-5380 Fax (847)255-1438 Dear David: 1000 W. Central Road Mt Prospect U, 60056 The Mount Prospect Park District would like to formally request that all Village fees be Village of Mount Prospect CENTRAL 50 South Emerson Street COMMUNITY CENTER Mount Prospect, Illinois 60056 (847)255-5380 As Part of the Mt. Prospect Golf Course renovation project it was previously requested Fax (847)392-5726 Attn: Mr. David Strahl, Village Manager 1000 W. Central Road consolidation of several parcels of property that currently make up the Mt. Prospect Mt Prospect, IL 60056 Re: Mt Prospect Golf Course Consolidation Fees RECPLEX (847)640-1000 Fax (847)364-2824 Dear David: 420 W. Dempster Street Mt Prospect, IL 60056 The Mount Prospect Park District would like to formally request that all Village fees be Valved in association with the Mt. Prospect Golf Course Plat Consolidation process. LIONS RECREATION CENTER (847)632-9333 As Part of the Mt. Prospect Golf Course renovation project it was previously requested Fax (847)632-9325 by Mr. Bill Cooney, Director of Community Development, to apply for the 411 S. Maple Street consolidation of several parcels of property that currently make up the Mt. Prospect Mt Prospect, iL 60056 Golf Club. We have hired Groundwork Architects, Ltd. to assist us with this task and help coordinate the submittal of the necessary documents to the Village for formal FRIENDSHIP PARK review and approval. As part of this process we will also be attending a Planning CONSERVATORY Commission meeting in the near future. (847)298-3500 Fax (847)296-2053 As has been customary in the past if you agree to waive these fees on behalf of the Park 395 Algonquin Road District please sign, date and return a copy of this letter to my attention at the Park Des Plaines, IL 60018 District Administrative Offices so it may be included with the necessary submittal MT. PROSPECT GOLF CLUB documents to the Village. (847)259-4200 Fax (847)632-9334 Thank you in advance for your consideration of our request. 600 See -Gwen Mt. Prospect, M 60056 Very truly yours, GOLF MAINTENANCE (847)632-9330 Fax (847)342-9113 600 see -Gwen Greg Kuhs Mt. Prospect, IL 60056 Executive Director MAINTENANCE FACILITY Mt. Prospect Park District (847)956-6773 Fax (847)956-6911 Cc: Jim Jarog 1645 Carboy Director of Parks and Planning Mt Prospect, II, 0056 Mt. Prospect Park District RESOLUTION NO. A RESOLUTION APPROVING A PLAT OF VACATION OF A PORTION OF CERTAIN PUBLIC RIGHT-OF-WAY AT WE GO TRAIL AND MAN-A-WA TRAIL, THAT ARE PART OF THE MT. PROSPECT GOLF COURSE LOCATED AT 600 SEE GWUN AVENUE, MOUNT PROSPECT, ILLINOIS WHEREAS, the Corporate Authorities of the Village of Mount Prospect, after due consideration, have determined that the best interests of the Village of Mount Prospect would be served by vacating a certain portion of public right-of-way (19,930 square feet of We-Go Trail and 20,880 square feet of Man-A-Wa Trail) at the Mt. Prospect Golf Course as legally described in Exhibit “A”; WHEREAS, the Corporate Authorities of the Village of Mount Prospect have determined that the Village of Mount Prospect has no need for that portion of the public right-of-way and that vacation of the public right-of-away to the Mt. Prospect Golf Course serves in the best interest of the Village of Mount Prospect. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the vacation is hereby granted for the public right-of-way (19,930 square feet of We-Go Trail and 20,880 square feet of Man-A-Wa Trail) at the Mt. Prospect Golf Course and the Plat of Vacation attached as Exhibit “A” is hereby approved for appropriate execution and recording. Such Plat and its legal description are incorporated into and made part of this resolution. SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: th PASSED and APPROVED this day of April, 2015. ____________________________ Arlene A. Juracek Mayor ATTEST: __________________________ M. Lisa Angell Village Clerk WE -GO TRAIL VACATION LEGAL DESCRIPTION MAN -AWA TRAIL VACATION LEGAL DESCRIPTION - 0000 2N / w f c.r.o. i. i Le R W.2p SHA-BONEF TRAIL nen i., w L4 LG � O L5 stoat 23 N o ssT nw. ren Te T. .alm w awwm cenNxlw Iuw x IT. w asses saes +ae a Lex WE -GO TRAIL VACATION El Z .111 El e ew.T.. aelmis. a.T.xlxo mm xi rT. w a.m raas xoe w.ex m H �SPee oa�r4rz4_p3 ROSPEOT�Ug�V126 P CLNgDOc�+a 335i4irwai LINE TABLE 00.ws ew .emma m. g.. caeLeo 55� k m ta8"�eR.eeT ,o- eowa •nam me. I.w.om �'Ed mese:= o ML3 8 ..nu LOT'7 z �m o EILOOU8 PR3 LN ONTRy N1,Ls NO„j�WESY N P 5 �� g�RNj510 2B PROSPEUg °5 �gDSp,c .ouw oo9iso'sB ��-505 p0Ygp02 OB 41 4.00-00°° . ei. rar m u.•... x, rw �6 ��3p5 MAN -AWA TRAIL VACATION _ am n 'ACATEO PEN O°Ct �1wL e..�ew,�..p� rS° eLOc: Rr6 .3 33' _ 66.; 00' RECON°ENS BOx 32a &P OSPECTTPMK DISTRICT L - - � e 2 OOONIW?CENiRK ROM w 3 NOONi PROSPECT, IL fi005fi c MANwAWce°+ExERsp'�°K°ois,N�c* 66' N.oD N � eNosaECL C 9 I - 0000 2N / w f c.r.o. i. i u Cl OB -"'42x.030 0 ° ° 0 CO r 0 FLOCK 24 UNTRy0N SURVEYOR'S CERTIFICATE Lw.T�w P,w, H �SPee oa�r4rz4_p3 ROSPEOT�Ug�V126 P CLNgDOc�+a 335i4irwai LINE TABLE 00.ws ew .emma m. g.. caeLeo 55� k NO BEAR ta8"�eR.eeT _NO �'Ed mese:= o ML3 8 ap' 3 0 3343. �ffnmm�0 - 0000 2N / w f c.r.o. i. i u Cl OB -"'42x.030 0 ° ° 0 CO r 0 FLOCK 24 UNTRy0N SURVEYOR'S CERTIFICATE Lw.T�w P,w, H �SPee oa�r4rz4_p3 ROSPEOT�Ug�V126 P CLNgDOc�+a 335i4irwai 00.ws ew .emma m. g.. caeLeo 55� k eeeT,ee ta8"�eR.eeT T»: w�.se.. a �'Ed mese:= o see"c°usre°�"se.erT� a oe..co Rerr VW AM- asa r a L�x�Is ewes 11 L w.wn `:'•`-',;.°.' SURVEYOR'S CERTIFICATE gaz Ey�iEO - 0000 2N / w f c.r.o. i. i u Cl OB -"'42x.030 T ° ° 0 CO r 0 FLOCK 24 UNTRy0N SURVEYOR'S CERTIFICATE Lw.T�w P,w, H �SPee oa�r4rz4_p3 ROSPEOT�Ug�V126 P CLNgDOc�+a 335i4irwai 00.ws ew .emma m. g.. caeLeo 55� k eeeT,ee ta8"�eR.eeT T»: w�.se.. a �'Ed mese:= o see"c°usre°�"se.erT� a oe..co Rerr VW AM- asa r a L�x�Is ewes 11 L w.wn `:'•`-',;.°.' RESOLUTION NO. A RESOLUTION APPROVING A PLAT OF ACCESS AND WATER MAIN EASEMENT VACATION FOR PROPERTY LOCATED AT 600 SEE GWUN AVENUE, (MT. PROSPECT GOLF COURSE), MOUNT PROSPECT, ILLINOIS WHEREAS, ted approval of a Plat of Access and Water Easement Vacation for the property located at 600 See Gwun Avenue, Mount Prospect, WHEREAS, the Petitioner is seeking to vacate an existing access and water main easement and dedicate new access and water main easements, and a well and reservoir Access and Water Main Vacation NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the vacation main easement for the property located at 600 See Gwun Avenue (Mt. Prospect Golf Course) attached as is hereby granted for appropriate execution and recording. Such Plat and its legal description are incorporated into and made part of this resolution. SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: th PASSED and APPROVED this day of April, 2015. ____________________________ Arlene A. Juracek Mayor ATTEST: __________________________ M. Lisa Angell Village Clerk . . ...... . ..... . ..... _o_,TDINGRETURN PLAT TO: BDI 321 —E 11 1111-11; ..E 1-m. L111 41 4-1 11 «xx --l—El LIIE; E� I `1� ZZVX14 LIIE �E �2 1 1111 LIT 11 FEET 1111 —E IF I IF0111— .1 —.11 FEE' as —1- fib2 LOT 18 suBONISION CLO LJNTRY C HILLS L O SHA- ONES TRAIL I'M KIWI - SURVEYOR'S CERTIFICATE gp in I gasV &WER ELIM MMAW111 . . . . .. SURVEYOR'S CERTIFICATE o ul. Zw, MWOU %2=.. 5; - 9 K Lc II.Em EXIM MWA RESOLUTION NO. A RESOLUTION APPROVING A PLAT OF EASEMENT DEDICATION FOR PROPERTY LOCATED AT 600 SEE GWUN AVENUE, (MT. PROSPECT GOLF COURSE), MOUNT PROSPECT, ILLINOIS WHEREAS, Mt. Prospect Park District (“Petitioner”) has requested approval of a Plat of Easement Dedication for the property located at 600 See Gwun Avenue, Mount Prospect, Illinois, commonly known as Mt. Prospect Golf Course (“Property”); and WHEREAS, the Plat of Easement Dedication, dedicates an easement for new access and water main easements and a well and reservoir easement for the “Property” as legally described in the Plat of Easement Dedication attached as (Exhibit “A”). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the dedication of an easement for new access and water main easements and a well and reservoir easement for the property located at 600 See Gwun Avenue (Mt. Prospect Golf Course) attached as Exhibit “A” is hereby approved for appropriate execution and recording. Such Plat and its legal description are incorporated into and made part of this resolution. SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of April, 2015. ____________________________ Arlene A. Juracek Mayor ATTEST: __________________________ M. Lisa Angell Village Clerk oxowa x 25'ACCESS & WATER MAIN EASEMENT LEGAL DESCRIPTION+ EmaoERs eox 3za 20'WATER MAIN EASEMENT LEGAL DESCRIPTON� A Plry Irvr arlory b E� 11 111CI 11 =e _E 0 w W $ c,s ncaEs. uonE oa ss.... . 1 E rvs, E ErvoEo on -1111 21'-1111 rreE. ME on sE HEREBYDEDICATED."ore ErvEo F /SPEEDY "DEDICATED re . W \o °A W1 w ws a ws. / \ "T,,;W 1a 1 < :,1 T? .r . .[R�`� P& K°"xw"['K�I IT 11,,, u"^x��"w "�,`�ac"`�"�ao."". � "°'" gw�as 11 E v a4 "Ere .,Dare �E Frere, 1 . a w,. ,.. ,ro ....., ., ° �. ra[a w a tea. . 1m aaw. \,are - vv 65' x 65' WELLvv X00 �tY e sION A & RESERVOIR DIOL EASEMENT sv 0� o/ AR -1 6E, 65 w L N IRSE � EAE RNT far 18 TRY Cl u e y HEREBY D sV o � � � o E MN s yo DEDICATED u v r � \sRs oRr�WEE N " SHAIDNEE TNA/L •. d �areC ?OF 25'INTACCESS OF BEGEANNING �\ �3 01 11-0 'SrouT/i \ 25' ACCESS & WATER MAIN EASEMENT OORLo4"sT coemr \Rog scoR HEREBY DEDICATED DEDICATED / N� 65', 65'WELL & RESERVOIR EASEMENT LEGAL DESCRIPTION \4.'EElzq vate-A Vooh A 20' WATER MAIN EASEMENT \ \\ \\ \ o45 ° 93 RG Op/ / / .gy.m—uerer- 5 1�— / 6— _ 0 0' _ 9 0 �� E., is .,Eccrvo. wE., cc.17 HEE..c .nE 10 1 or "Ellry .. Iry \ N>So 43 p � _ 13'x` W — — 3 08 44'-� _ �. / Dow."rc�°rvi" `iiryrvc�s"irvu11°E �W\ cHEREBY"DEDICATED oz,o ---E ore sE_, \ vb\, > /� % s`/ '^"• "m"v.ww,o.......m .._°• v_. _ _ _ aix[iiia \� \ ___� / SURVEYOR'S CERTIFICATE — Lag 4` -w mg 4 "€�e9 $: "rrRAD.-129.00/ _ 41c_ 190,9 x 173,95 CHORD K N89°21'32"W °x°[ow.,inExK[,arc°r. a""mEna a,°i„[aux a,.,K CH. BEARING biaEn'n�r�=c[�i�8"+3'B an mm�� SURVEYOR'S CERTIFICATE {{Q69$ 6 .. v m, w m3"wA"m°i r w n„[ laaw.rs.^ a.m m,rcm °waw v m.,..ma,•m m.•.....m•m_w v .an rnw [m,xo .e.°°"Mw^.,1er'�ma :"".. °eL"�.�,o mw,...c, • a,...w m.a. .•w um w.a ..�„unsr „ am� ., muy o sx T. nen mr or eFllee: _ • wn. sx,m are ,°.mf •'rv. n•ar• LLUI 0e fux/ � 1{\/I •�•�////mo�i OO a,wr .at o•,r° nw_°•. v _n°..av a a ama° au,mmr a,. ,m n., ` r u m° RESOLUTION NO. A RESOLUTION APPROVING A PLAT OF CONSOLIDATION, CREATING A LOT OF RECORD, FOR PROPERTY LOCATED AT 600 SEE GWUN AVENUE, (MT. PROSPECT GOLF COURSE), MOUNT PROSPECT, ILLINOIS WHEREAS, Mt. Prospect Park District (Petitioner) has requested approval of a Plat of Consolidation for the property located at 600 See Gwun Avenue, Mount Prospect, Illinois, commonly known as Mt. Prospect Golf Course (“Property”); and WHEREAS, the plat creates one lot of record and dedicates the required public utility and drainage easements along the property lines for the “Property” as legally described in the Plat of Consolidation attached as Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That the Plat of Consolidation creating one lot of record and dedicating the required public utility and drainage easements along the property lines for property located at 600 See Gwun Avenue (Mt. Prospect Golf Course) attached as Exhibit “A” is hereby granted for appropriate execution and recording. Such Plat and its legal description are incorporated into and made part of this resolution. SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of April, 2015. ___________________________________ Arlene A. Juracek Mayor ATTEST: _______________________________ M. Lisa Angell Village Clerk H:\\CLKO\\WIN\\RESOLUTION\\2015\\PlatConsolidationt600SeeGwunAveMPParkDistApril212015.doc LINCOLN BiREEi MOUNT PROSPECT GOLF CLUB —lhL-a.'T'urn — N'T I MW ------------------------------ loQ7T 'I EV1�47WhIE"eQ ftlO,�M`E%0 1VJ TLRIll K-1 _1112 2 -1 Fl. . — .—. -E . I.— T­ E. ­­lsa.FT. 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Village of Mount Prospect Community Development Department MEMORANDUM TO: DAVID STRAHL, ACTING VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT A I i 11It It Prospect DATE: APRIL 13, 2015 SUBJECT: PZ -10-15 / RANDHURT VILLAGE SHOPPING CENTER / AMEND PUD TO INCLUDE DEVELOPMENT CODE EXCEPTION (WAIVER OF STREET LIGHTING) The Village Code requires the installation of street lights in the public right-of-way along Elmhurst Road, Euclid Avenue, and Kensington Road adjacent to the subject property. The Petitioner is seeking to amend Ordinance No. 5705 that granted a Conditional Use Permit for a Planned Unit Development, Variations, and a Sign Special Use to allow a development code exception to waive the street light requirement. This matter was not referred to the Planning and Zoning Commission as Ordinance 5705 allows such matters to be considered directly by the Village Board so long as "the request does not involve changes in actual numerical values set forth in the text of the Ordinance, and which do not have a substantial, direct impact on adjacent properties." Per the Petitioner, installing street lighting would be costly and a challenge as the subject property has three street frontages with varying jurisdictions (the Village of Mount Prospect, Cook County, and Illinois Department of Transportation (IDOT)). The Petitioner points out the subject property was a re- development, and that granting of the code exception would not alter the character of the neighborhood as the subject property has lacked street lighting for over fifty years. Staff is not supportive of Petitioner's request to waive the street lighting requirement. The intent of the Village Code is for major roadways to be illuminated to provide safety for motorists and pedestrians. While Staff can understand the Petitioner's reasons for requesting the waiver; the reasons provided do not constitute hardships for justification to waive a code requirement. Please forward this memorandum and attachments to the Village Board for their review and consideration at their April 21, 2015 meeting. Staff will be present to answer any questions related to this matter. �� - William J. Cooney, AICP H TLAMPIanning & Zoning COMMT&Z 2015\ViIiagc Manager Men osTZ-III-15 Randliund Village Shopping Center (Code Esccpiiary Street LighLing),docs MOWN Notes Listing E7 Project Planning Activity Notes Last Activity Date Descending Run on 04/14/2015 02:50:30 PM Subject Author Last Changed Date/Time Subject PZ -10-15 Lindelof, Chuck 04/10/2015 12:08:09 PM PZ -10-15 Comments Section 15.402 of the Village Code requires that streetlights be installed in the public right of way for all (re)developments. It seems that the inclusion of the requirement was specifically intended for a case such as the Randhurst Village redevelopment. If streetlights are not deemed appropriate or necessary for this site, the Village should consider revising the Code to eliminate this requirement. If the streetlights are deemed desirable in this location, having them installed as originally agreed to by the developer is the best and most viable option to ever have them installed. Public Works has reviewed the applicant's request to waive the requirement for street lighting along the frontage of the Randhurst Village Shopping Center, and strongly recommends DENIAL of this request for the following reasons: In an effort to accommodate the applicant's construction schedule, discussions regarding the streetlights were deferred while other site construction items were worked out. However, at no time was any request for a waiver from the street lighting requirements discussed; Ordinance 5705 under which the Conditional Use for Randhurst Village was approved listed several requested Code variations, but did not list waiving the streetlights among them. In February of 2012, preliminary plans were submitted for review for the required streetlights. It wasn't until the applicant received the Village's review comments and decided that the streetlight installation represented a cost they no longer wished to incur that discussions regarding a waiver of the street lighting requirements began. It must be stressed that cost has typically not been considered as a valid hardship to justify waiving a Code requirement. It should also be pointed out that nothing has occurred since the inception of Randhurst Village project that would have caused the cost of the streetlight installation to increase; the lighting requirements are the same today as they were before the project began. Consequently, the associated installation costs should have been anticipated and provided for by the applicant before construction began, making a waiver of the lighting requirements inappropriate at this time. With regards to the applicant's specific arguments supporting their requested waiver: A. Applicant's Statement: "It's (Randhurst Village is) also unique in that the roads vary in jurisdiction between Mount Prospect, Cook County, and IDOT so varying requirements are applicable to the lighting standards for these roads creating a greater challenge to satisfying the road lighting requirement." Response: The streetlights would be owned and maintained by the Village, and so would comply with Village standards. These standards have been installed along both County and IDOT roads previously without problems; we see no reason why this could not also be accomplished along the Randhurst Village site. B. Applicant's Statement: "The three frontages make the Randhurst shopping center unique and create an exaggerated impact if the requirement for street lighting is not eliminated or softened ... Randhurst is a re -development, not a new ground up development and overlaying these type of requirements on an existing shopping center will create barriers to redevelopment of existing shopping centers in the Village of Mount Prospect going forward." Response: We appreciate the applicant's concern for the future redevelopment of the Village, however, there is no provision in the Code or in Ordinance 5705 grandfathering Randhurst Village into any previous Code requirements. Other sites that have redeveloped along roads without streetlights and have complied with this requirement. This occurred most recently at the United Airlines Blue Sky redevelopment, where streetlights were required along both Algonquin Road and Dempster Street. C. Applicant's Statement: "In fact Randhurst has on numerous occasions incurred additional costs beyond what was required "jKV��' Notes Listing Project Planning Activity Notes Last Activity Date Descending Run on 04/14/2015 02:50:30 PM Subject Author Last Changed Date/Time in the PUD approved documents. We addressed the existing lift station which was not performing well. At the request of Public Works/Engineering we changed the routing of the sanitary sewer to Elmhurst Road in lieu of thru the private sewer system that was specifically approved for Randhurst during the PUD approvals ..." Response: The lift station in question was always privately owned and maintained by Randhurst. It was appropriate, not "an additional cost beyond what was required", that Randhurst address their own lift station. A portion of the original Randhurst development was served by a sanitary sewer owned and maintained by the Illinois American Water Company. As is appropriate for all redevelopments, because the site is now within the Village's service area, it was required of the Randhurst Village redevelopment to connect to the Village sewer system. D. Applicant's Statement: "The lack of street lighting was not created by the current Randhurst ownership. It has existed for 50 years. This same situation also exists in numerous shopping centers within Mount Prospect." Response: We concur that the lack of streetlights has existed for more than 50 years. However, it must be noted that traffic volumes and pedestrian traffic has increased over that time, increasing the need for the lights. Furthermore, as mentioned in our response to Item B, there are no provisions in the Code to grandfather existing sites into an exemption from providing street lights, and other redevelopment sites have complied with this requirement. E. Applicant's Statement: "The granting of this exception will NOT be detrimental to the public welfare or injurious to other properties in the neighborhood. In fact, enforcement of this street lighting requirement will create lighting in the front yards and back yards or residential properties located directly across the street ..." Response: As mentioned in our response to Item B, there are no provisions in the Code to grandfather existing sites into an exemption from providing street lights, and other redevelopment sites have complied with this requirement. Furthermore, Randhurst Village the largest, busiest commercial site in the Village. Installing street lights along the roads adjacent to this site could only improve the safety for motorists and pedestrians accessing and passing by the site. F. Applicant's Statement: "Per the response to item "E" above, the granting of this exception will NOT alter the character of the neighborhood, it will MAINTAIN the existing character ..." Response: As mentioned in our response to Item B, there are no provisions in the Code to grandfather existing sites into an exemption from providing street lights, and other redevelopment sites have complied with this requirement. Maintaining what may be perceived as the existing character of a neighborhood is not a compelling reason to not make appropriate and required improvements. G. Applicant's Statement: "The proposed exception seeks to avoid any impact to the lighting of the adjacent properties ..." Response: This statement is not true. The proposed exception is not seeking to avoid impact to the adjacent properties, its sole purpose is to avoid the applicant's having to pay for the cost of installation of the lights. The applicant submitted plans for street lighting in an attempt to comply with the Code requirements in 2012. It was not until the cost of the improvements was realized that the applicant began seeking a waiver from the street lighting requirements; at no time had potential impacts to the neighboring properties been considered by the applicant. It must also be understood that the design of the streetlights includes cutoffs and recessed lenses to minimize any light spillover onto neighboring properties, as has been successfully installed on similar lighting projects elsewhere in the Village. ORDINANCE NO. 5705 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT, CERTAIN VARIATIONS AND A SPECIAL USE FOR SIGNANGE FOR PROPERTY LOCATED AT 999 NORTH ELMHURST ROAD (RANDHURST) MOUNT PROSPECT ILLINOIS Passed and approved by the President and Board of Trustees the 19th day of August, 2008 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 201h day of August, 2008 ORDINANCE NO. 5705 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT, CERTAIN VARIATIONS AND A SPECIAL USE FOR SIGNAGE FOR PROPERTY LOCATED AT 999 NORTH ELMHURST ROAD, (RANDHURST), MOUNT PROSPECT, ILLINOIS WHEREAS, CLP/SPF Randhurst LLC, c/o Lifestyle Properties ("Petitioner') has filed a petition for Conditional Use permit for a Commercial Planned Unit Development and Variations with respect to property located at 999 North Elmhurst Road ("Property'), and legally described as follows: Parcel 1 : Lots 1 and 2 (excepting from said lot one that part taken by Department of Transportation State of Illinois in Case No. 871-51078 and also excepting from said Lot One that part conveyed to the people of the State of Illinois, Department of Transportation pursuant to that certain quit claim deed recorded September 29,1995 as document No. 95664230) in Randhurst Center Resubdivision -No. 1, being a Resubdivision of Lot One in Randhurst Center, being a subdivision of part of the southeast 1/4 of Section 27, Township 42 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois, according to the plat of said Randhurst Center Resubdivision -No. 1 recorded July 24,1987 in the office of the Recorder of Deeds of Cook County, Illinois as Document No. 87408581 and registered in the office of the Registrar of Titles of said County as document No. LR3637429. Parcel 2: Lot 3 in Randhurst Center Resubdivision - No. 1, being a Resubdivision of Lot One in Randhurst Center, being a subdivision of part of the Southeast 1/4 of Section 27, Township 42 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois, according to the Plat of said Randhurst Center Resubdivision -No. 1 recorded July 24,1987 in the Office of the Recorder of Deeds of Cook County, Illinois as Document no. 87408581 and registered in the office of the Registrar of Titles of said County as document No. LR3637429. Parcel 3: North 70 feet of the West 70 feet of the South 120 feet of the East 1/2 of the Southeast 1/4 of Section 27, Township 42 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois. Property Index Number(s): 03-27-401-040 /261 /262/ 264 / 265 / 267 /268/ 269/ 270 03-27-401-271; and WHEREAS, the Petitioner seeks a Conditional Use permit for a Commercial Planned Unit Development consisting of approximately 979,500 square feet of retail space; and WHEREAS, the Petitioner seeks Variations to allow the following: 60' maximum building height, 20' front yard set back, 15' side yard setback, 8' maximum fence height, installation of temporary leasing signs, increased site lighting along the rights-of-way of Elmhurst Road, Kensington Road, and Euclid Avenue adjacent to the "Property" and a Special Use to allow signs associated with the sign drawings prepared by Casto Lifestyle Properties dated May 15, 2008; and WHEREAS, a Public Hearing was held on the requests being the subject of PZ -15-08 before the Planning and Zoning Commission of the Village of Mount Prospect on the 26th day of June, 2008, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 12th day of June, 2008; and WHEREAS, the Planning and Zoning Commission has submitted its findings on the proposed Conditional Use permit, Variations and Special Use to the President and Board of Trustees; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the requests herein and have determined that the requests meet the standards of the Village that the granting of the proposed Conditional Use permit for a Commercial Planned Unit Development, Variation and Special Use would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth above are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. (1) The Conditional Use permit for the Randhurst Village Commercial Planned Unit Development consisting of approximately 979,500 square feet of retail is approved subject to the following conditions: A. All previous conditional uses for a planned unit development or associated amendments and variations on the subject property are hereby declared null and void. B. Future development of the outlots and building fagade of individual tenant spaces within the shopping center shall not require an amendment to this Conditional Use but review shall be performed at an administrative level. If such future development or fagade plans are in general conformance with the design guidelines submitted by the petitioner and with the character of the previously approved development, then Village staff may approve the same. In the event that Village staff determines that a public hearing is necessary to review a proposed amendment, then a formal application shall be submitted to request an amendment to the approved PUD. C. In addition to land uses permitted within the B-3 Community Shopping Zoning District, the following use exceptions shall also be permitted within the proposed Planned Unit Development: 1. Health services, clubs or gymnasiums 2. Hotels and motels 3. Medical and Dental Laboratories 4. Parking lots and structures 5. Outdoor display and sales of products the sale of which is a permitted use, subject to compliance with village regulations pertaining to outdoor sales 6. Game rooms 7. Residential land uses subject to the following conditions: Residential uses shall be restricted to the northwest corner of the property generally bounded by Euclid Road, Elmhurst Road, the northern access road entering from Elmhurst Road, and the central access road entering from Euclid Avenue. Residential uses shall be limited to a maximum density of 30 units per acre for the portion of the development constructed for residential use. iii. The maximum height for future residential uses shall conform to the maximum building height for the PUD. iv. Future development of residential shall be in general conformance with the design guidelines submitted by the petitioner for the PUD as set forth in Exhibit "A". V. Development approval of future residential uses shall be in compliance with the terms and conditions of the Redevelopment Agreement executed between the Village of Mount Prospect and the Petitioner, including but not limited to, public hearings and required public notification. D. In addition to the above use exceptions, the following uses shall be permitted as part of the proposed Planned Unit Development only in the locations currently indicated on the Site Plan dated November 8, 2007, a copy of which is attached and made a part of this ordinance as Exhibit "B". Similar facilities proposed in the future will require an amendment to the PUD. a. Drive through facilities for two existing banking facilities and the proposed third outlot bank building. b. Drive through facility for the Jewel -Osco pharmacy. C. Self -Storage Facility for the building sited along the east property line adjacent to the existing Costco retail building and proposed parking structure. E. Prior to the issuance of a building permit, the petitioner shall provide final civil engineering drawings for review and approval by the village. The engineering drawings shall include all site work including utilities, storm water detention and associated improvements. F. Development of the site in general conformance with the site and landscape plans prepared by Woolpert Inc., dated June 17, 2008. G. Development of the elevations in general conformance with the building elevations prepared by Beame Architectural Partnership, dated June 17, 2008. with the following conditions: 1. All final elevations must be approved by staff. Submitted elevations are accepted as preliminary, but greater detail will be required at the top of structures to create varying roof lines by incorporating architectural elements such as differences in wall heights, roof overhangs, canopies or cornices. In the event the Petitioner and staff cannot agree on the final architectural design, the Petitioner may request review and consideration by the Village Board. 2. The design of individual store fronts will be reviewed at the time a building permit is issued for each tenant space and shall be in general conformance with the design criteria packet prepared by Beame Architectural Partnership. H. Prior to the issuance of a building permit, the petitioner shall submit revised photometric plans which incorporate the final site plan layout. Where feasible, light pole standards shall be placed in curbed islands. To provide uniformity across the property, light poles shall match the style, height, and illumination levels of those previously approved and installed in the Costco parking lot. I. The Petitioner shall construct all building and individual units according to all Village Codes and regulations. This shall include, but not limited to: the installation of automatic fire sprinklers. Fire hydrants and roads must be located and constructed according to Development and Fire Code standards. Where applicable, the buildings will also require the installation of a stand pipe system as determined by the Village Fire Marshal. J. The Developer must tender all submissions to enable the Village to issue a building permit, in accordance with the current regulations and requirements of the Village of Mount Prospect, within one (1) year from the date of adoption of this ordinance by the Village Board. The development approvals granted by this ordinance shall become null and void (without need for further action by any Village board, commission or official) if no building permit is issued within the one (1) year requirement. All improvements shall be completed within eighteen (18) months of receipt of the initial building permit. K. An approval pursuant to any requested review by a Village consultant, staff member, Board or Commission shall be an approval of only those items specified in any motion, resolution, and ordinance or written report. Under no circumstances shall such an approval be deemed to be the approval of any other matter by virtue of the fact that those other matters may appear on the supporting documents such as a site plan, engineering plan, or plat that was the subject of the review. Neither shall any such written approval be deemed to be an approval of any matter, which is within the jurisdiction of any other Village consultant, staff member, Board or Commission or any County, State or Federal Agency. L. In addition, changes to the physical components of the project may only be made as follows: 1. Minor Field Changes. Minor changes in location or size shown on an exhibit may be approved, in writing, by the Director of Community Development. Typically, a minor field change will not involve a percentage change greater than 3%. However, not all changes of less than 3% shall necessarily be deemed to be minor. The determination of the Director of Community Development as to whether a change is a minor field change shall be final. 2. Village Board Approved Changes. The Village Board may approve, without referral to the Planning & Zoning Commission, such other changes as it believes are in the best interest of the Village and which do not involve changes in actual numerical values set forth in the text of the Ordinance; and which do not have a substantial, direct impact on adjacent properties. The determination of the Village Board as to whether a requested change should be referred to the Planning & Zoning Commission shall be final. 3. Changes Requiring a Public Hearing. Any change involving a size, quantity or other numerical value found in the text of the Ordinance or any change having substantial, direct impact on adjacent properties shall not be made except after a public hearing before the Planning & Zoning Commission. Additionally, the Village Board or the Director of Community Development may refer any requested change to the Planning & Zoning Commission for public hearing when either believes it would be in the best interest of the Village to do so. SECTION TWO: Variations are hereby approved to allow: (1) A maximum building height of 60 feet; (2) A reduction in the required front yard building setback from 30 feet to 20 feet; and (3) A reduction in the required exterior side yard setback from 30 feet to 15 feet for the existing Jewel -Osco retail building. SECTION THREE: A Special Use is granted to allow Signs Associated with a Large Scale Development. Said ground signs shall be designed in general conformance with the sign drawings prepared by Casto Lifestyle Properties, dated May 15, 2008 and received by the Community Development Department on June 17, 2008. Future wall signs for individual tenant spaces shall conform to the Village's sign regulations. SECTION FOUR: A Variation is granted to install two temporary leasing signs 180 square feet in size and 12 feet in height. The temporary leasing signs shall be located at the southwest corner and northwest corner of the subject property and shall be removed following the completion of the project. SECTION FIVE: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION SIX: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Hoefert, Juracek, Korn, Polit, Zadel NAYS: None ABSENT: Corcoran, Wilks PASSED and APPROVED this 19`h day of August, 2008. Andrade, Consuelo From: Jim Conroy <jconroy@castoinfo.com> Sent: Friday, March 27, 2015 10:54 AM To: Andrade, Consuelo Cc: John Hutchens; Richard Yaras Subject: Response to Hardship Questions for proposed elimination of street lighting on Euclid, Rand, Elmhurst, and Kensington Roads at Randhurst Shopping Center Attachments: 15.109_Exceptions.pdf Consuelo, John Hutchens forwarded me the list of hardship questions for our submittal to the village board, my responses to the questions are summarized below (in BOLD). Let me know if/when you need anything further. Thanks again, see you on the 21St A. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a specific hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations was to be applied; The Randhurst property is a unique, one of a kind property in the Village of Mount Prospect. It is 100 acres and is uniquely situated with street frontages on 3 sides (Euclid Ave., Elmhurst Road (Route 83), Rand Road (Route 12), and Kensington Road). It's also unique in that the roads vary in jurisdiction between Mount Prospect, Cook County, and IDOT so varying requirements are applicable to the lighting standards for these roads creating a greater challenge to satisfying the road lighting requirement. It is an existing shopping center which has served the Village of Mount Prospect for over 50 years. B. The conditions upon which an application for an exception are based are unique to the property for which the exception is sought and are not generally applicable to other property within the same zoning classification; The three frontages make the Randhurst shopping center unique and create an exaggerated impact if the requirement for street lighting is not eliminated or softened. Typically a shopping center has one frontage, or maybe two if located on a corner, and the street lighting requirement would be easier to bear, but 3 frontages with differing jurisdictions create challenges and exaggerate the impact to Randhurst. Randhurst is a re -development, not a new ground up development and overlaying these type of requirements on an existing shopping center will create barriers to redevelopment of existing shopping centers in the Village of Mount Prospect going forward. C. The purpose of the exception is not based primarily upon a desire to increase financial gain; Clearly elimination of this requirement would benefit Randhurst financially by helping us avoid the costs associated with performing this work, but that is not the sole reason or primary reason for our request. In fact Randhurst has on numerous occasions incurred additional costs beyond what was required in the PUD approved documents. We addressed the existing lift station at Steak N Shake rather than Mount Prospect maintaining the existing lift station which was not performing well. At the request of Public Works/Engineering we changed the routing of the sanitary sewer to Elmhurst Road in lieu of thru the private sewer system that was specifically approved for Randhurst use during the PUD approvals. We bumped the fence height at Boxwood from 6' (approved at the PUD hearing) to 8' (re-evaluated and approved as a variance to the original PUD approval after the increased height was suggested by several trustees) which cost more money but provided the neighbors greater privacy between their residential community and the higher intensity of the Randhurst commercial property. D. The alleged difficulty or hardship is caused by this chapter and has not been created by any person presently having an interest in the property; The lack of street lighting was not created by the current Randhurst ownership. It has existed for 50 years. This same situation also exists in numerous other shopping centers within Mount Prospect. E. The granting of the exception will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; The granting of this exception will NOT be detrimental to the public welfare or injurious to other properties in the neighborhood. In fact, enforcement of this street lighting requirement will create lighting in the front yards and back yards of residential properties located directly across the street from Randhurst and will increase lighting and glare into the bedroom windows of Mount Prospect residents and Prospect Heights. The elimination of this requirement will retain the lighting appropriate for these adjoining residential communities. F. The granting of the exception will not alter the essential character of the neighborhood; Per the response in item "E" above, the granting of this exception will NOT alter the character of the neighborhood, it will MAINTAIN the existing character that has existed for the past 50+ years. During the mall redevelopment we installed cut off lenses at the perimeter of the parking lot lighting in areas near or adjoining residential in response to concerns expressed by village residents sensitive to the lighting issues along Elmhurst Road. G. The proposed exception will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire, or impair natural drainage or create drainage problems on adjacent properties, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. The proposed exception seeks to avoid any impact to the lighting of the adjacent properties and we seek to simply maintain what has existed successfully for the past 50 years. There will be no impact to drainage or public safety or property values. The SUBSTANTIAL improvements implemented at Randhurst since 2008 have strengthened the mail and subsequently strengthened the areas around the mall. Jim Conroy Executive Vice President I Development 5391 Lakewood Ranch Boulevard I Suite 100 Sarasota, Florida 34240 P: (941) 552-2718 F: (941) 806-0618 WEBSITE LI EMAIL U VCARD N FACEBOOK TWITTER LJ From: John Hutchens Sent: Thursday, March 26, 2015 9:50 AM To: Jim Conroy Cc: Richard Yaras Subject: RE: Village Response We need to answer these questions. And it has to be sent to Consuelo by tomorrow. John Hutchens Vice President Project Management I CASTO Southeast Realty Services 5391 Lakewood Ranch Boulevard I Suite 100 Inspired ideas. Integrated real estate sulutiocs Sarasota, Florida 34240 P:(941)552-2707 F:(941)806-0607 WEBSITE EMAIL E WARD FACEBOOK 19 TWITTER This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO.5705, AS AMENDED BY ORDINANCE NO. 5821, ORDINANCE NO. 5874 AND ORDINANCE 6136 TO INCLUDE DEVELOPMENT CODE EXCEPTION (WAIVER OF STREET LIGHTING) FOR THE RANDHURST VILLAGE PLANNED UNIT DEVELOPMENT LOCATED AT 999 NORTH ELMHURST ROAD, MOUNT PROSPECT, ILLINOIS WHEREAS, The Mayor and Board of Trustees of the Village of Mount Prospect passed and approved Ordinance No. 5705 on August 19, 2008, the Ordinance granted a Conditional Use permit for a Planned Unit Development Randhurst Village Commercial Planned Unit Development (PUD), certain Variations and a Special Use for Signage for Property located at 999 North Elmhurst Road (“Property”); and WHEREAS, Variations and amendments to the Special Use for Signage with respect to Ordinance 5705 for the property located at 999 North Elmhurst Road (“Property”) were granted on November 16, 2010, pursuant to Ordinance No: 5821 in relation to four (4) pylon signs; on September 6, 2011, pursuant to Ordinance No. 5874 in relation to two (2) pylon signs and variations; and on April 15, 2014, pursuant to Ordinance 6136 in relation to electronic message centers consisting of animation (video) multiple colors, graphics and fonts and electronic message centers with continuous display; and WHEREAS, CLP/SPF Randhurst LLC, c/o Casto Lifestyle Properties (Petitioner) has filed an application to amend Ordinance No. 5705 that granted Conditional Use Permit for a Planned Unit Development, Variations and a Sign Special Use to allow a development code exception to waive the street light requirement for the property located at 999 North Elmhurst Road (Property) and legally described as: WHEREAS, CLP/SPF Randhurst LLC, c/o Casto Lifestyle Properties (Petitioner) has filed an Application to Amend the PUD with respect to Ordinance 5705 for the property located at 999 North Elmhurst Road (Property) and legally described as: Parcel 1: Lots 1 and 2 (excepting from said lot one that part taken by Department of Transportation State of Illinois in Case No 87L51078 and also excepting from said Lot One that part conveyed to the people of the State of Illinois Department of Transportation pursuant to that certain quit claim deed recorded September 29, 1995 as document No. 95664230) in Randhurst Center Resubdivision – No.1 being a Resubdivision of Lot One in Randhurst Center, being a subdivision of part of the southeast 1/4of Section 27, Township 42 North, Range 11 East of the Third Principal Meridian, in Cook County Illinois according to the plat of said Randhurst Center Resubdivision –No.1 recorded July 24 1987 in the office of the Recorder of Deeds of Cook County Illinois as Document No. 87408581 and registered in the office of the Registrar of Title of said office of the Registrar of Titles of said County as document No LR3637429. Parcel 2: Lot 3 in Randhurst Center Resubdivision- No.1 being a Resubdivision of Lot One in Randhurst Center being a subdivision of part of the Southeast ¼ of Section 27 Township 42 North, Range 11 East of the Third Principal Meridian in Cook County, Illinois according to the Plat of said Randhurst Center Resubdivision –No. 1 recorded July 24,1987 in the Office of the Recorder of Deeds of Cook County, Illinois as Document No. 87408581 and registered in the office of the Registrar of Titles of said County as document No. LR3637429. Parcel 3: North 70 feet of the West 70 feet of the South 120 feet of the East 1/2 of the Southeast 1/4 of Section 27, Township 42 North, Range 11, East of the Third Principal Meridian in Cook County Illinois. Property Index Number(s): 03-27-401- 040/264/265/267/270/272/274/275/277/280/281/282/287/288/289/290/292/293; and WHEREAS, pursuant to Ordinance No. 5705 this request does not involve changes in actual numerical values set forth in the text of the Ordinance and do not have a substantial, direct impact on adjacent properties, and therefore does not require review or recommendation by the Planning and Zoning Commission; and Page 2/2 PZ-10-15 999 N. Elmhurst Road WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have determined that the request for Amendment to Conditional Use Permit for a Planned Unit Development, Variations and a Sign Special Use to allow a development code exception to waive street lighting requirement meets the standards of the Village and that the granting of the request would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth above are incorporated as findings of fact by the Mayor and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with attached Exhibit “A” with the Recorder of Deeds of Cook County. SECTION THREE: This Ordinance shall be in full force and effect from and after its passage, approval and publication form in the manner provided by law. AYES: NAYS: ABSENT: th PASSED AND APPROVED this day of April, 2015. ______________________________________ Arlene A. Juracek Mayor ATTEST: __________________________________ M. Lisa Angell Village Clerk 2 TO: FROM: SUBJECT: DATE: MOUNT PROSPECT POLICE DEPARTMENT FORMAL MEMORANDUM ACTING VILLAGE MANAGER C: CvTI'101, NU"S1i�C,' CHIEF TIM JANOWI . RECIPROCAL REPORTING AGREEMENT WITH TOWNSHIP HIGH SCHOOL DISTRICT 214 MARCH 31, 2015 As required by Illinois State Statutes and as a manner of good operating practice, the Village of Mount Prospect, and Township High School District 214 have maintained a Reciprocal Reporting Agreement regarding the sharing of student information maintained by the police department and the school district. The agreement has been amended from time to time to reflect statutory changes and current best practices. The last amendment to the agreement came in the summer of 2013. A revised Reciprocal Reporting Agreement is now presented for approval by the Village Board. The statutory compliance provisions have been updated and the new agreement includes language regulating law enforcement's access to the closed circuit video camera systems located in Township High School District 214 schools including Prospect High School. Corporate counsel for the Village reviewed the proposed Reciprocal Reporting Agreement, found no issues of concern, and recommend the document be placed on an agenda for a regular meeting of the Village Board. I am requesting this agreement be placed on the agenda for the Village Board with a recommendation the agreement be adopted for the continuity of operations and cooperative relationship maintained between the Mount Prospect Police Department and Township High School District 214. Please contact me with any questions or concerns. Deputy Chief Timothy Griffin Commander David Zboril \Attachment TJ Page 1 of 1 With COURAGE we protect, with COMPASSION we serve. RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEENTHE VILLAGE OF MOUNT PROSPECT ANDTOWNSHIP HIGH SCHOOL DISTRICT 214 REGARDING RECIPROCAL REPORTING WHEREAS , this Intergovernmental Agreement is made and entered into by and between the Board of Education of Township High School District No. 214, Cook County, Illinois ; and WHEREAS , both the 1970 Illinois Constitution (Article VII, Section 10) and the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) authorize and encourage intergovernmental cooperation; and WHEREAS , Section 1-7 (A) (8) of the Juvenile Court Act, Sections 10-20.14 and 22-20 of the Illinois School Code and Section 10/6(a)(6.5) of the Illinois School Student Records Act provide for and authorize agreements between local law enforcement agencies and school districts for reciprocal reporting of criminal offenses committed by students; and WHEREAS , the School and Village entered into an intergovernmental agreement dated August requirements regarding students that attend Prospect High School; and WHEREAS , since the date of the original Agreement, the Illinois legislature amended Illinois law regarding the reciprocal reporting requirements of police departments and school districts; and WHEREAS , as a result of the recent amendments to reciprocal reporting requirements and the desire of the parties to allow the Village Police Department access to images created by the School digital camera system, the parties have determined that is in their best interest to terminate the Original Agreement and enter into this Agreement, a copy of which is attached corporated into this resolution; and WHEREAS , the School and the Village are desirous of entering into this Agreement for the purposes of promoting safety, security, and order for the staff, students, and premises at the enforcement efforts. NOW THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Mount Prospect, pursuant to Article VII, Section 10 of the 1970 Constitution of the State of Illinois and the Intergovernmental Cooperation Act, 5 ILCS 220/1 through 5 ILCS 220/9: SECTION ONE: That the Board of Trustees do hereby authorize the Village of Mount Prospect to enter into an Intergovernmental Agreement Between the Village of Mount Prospect and Township High School District 214 Regarding Reciprocal Reporting and Video Access. SECTION TWO: That the Mayor is authorized to sign the agreement, attached and made part of this Resolution as : SECTION THREE That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of April 2015. _______________________________ Arlene A. Juracek, Mayor ___________________________ ATTEST: M. Lisa Angell, Village Clerk H:\\CLKO\\WIN\\RESOLUTION\\214dagreementRESapril2015.doc INTERGOVERNMENTAL AGREEMENT REGARDING RECIPROCAL REPORTING AND VIDEO CAMERA ACCESS BETWEEN THE VILLAGE OF MOUNT PROSPECT AND TOWNSHIP HIGH SCHOOL DISTRICT 214 THIS INTERGOVERNMENTAL AGREEMENT is made and entered into by and between the Board of Education of Township High School District No. 214, Cook County, Illinois (the "School"), and the Village of Mount Prospect, a municipal corporation (the "Village") (the "Agreement"). WHEREAS, both the 1970 Illinois Constitution (Article VII, Section 10) and the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) authorize and encourage intergovernmental cooperation; and WHEREAS, Section 1-7(A)(8) of the Juvenile Court Act, Sections 10-20.14 and 22-20 of the Illinois School Code, and Section 10/6(a)(6.5) of the Illinois School Student Records Act provide for and authorize agreements between local law enforcement agencies and school districts for reciprocal reporting of criminal offenses committed by students; and WHEREAS, the School and the Village entered into an intergovernmental agreement dated August 13, 2013 (the "Original Agreement"), pursuant to which the parties agreed to reciprocal reporting requirements regarding students that attend Prospect High School; and WHEREAS, since the date of the Original Agreement, the Illinois legislature recently amended Illinois law regarding the reciprocal reporting requirements of police departments and school districts; and WHEREAS, since the date of the Original Agreement, the School has installed a digital camera system at Prospect High School to enhance security and safety at the high school; and WHEREAS, the Village Police Department has informed the School that if the Village Police Department were granted access to the images created by the School's digital camera system, the Police Department would be better situated to assist the School in the case of an emergency situation that endangered students, employees, or School property; WHEREAS, as a result of the recent amendments to reciprocal reporting requirements and the desire of the parties to allow the Village Police Department access to images created by the School digital camera system, the parties have determined that it is in their best interest to terminate the Original Agreement and enter into this Agreement; and WHEREAS, the School and the Village are desirous of entering into this Agreement for the purposes of promoting safety, security, and order for the staff, students, and premises at the School and of establishing a cooperative relationship between the School's and the Village's law enforcement efforts; Exr� b 1481090.1 NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained in this Agreement and other good and valuable consideration, the School and Village agree as follows: I. RECIPROCAL REPORTING A. General Cooperation 1. The Superintendent of the School will provide the Village Police Chief with a list of administrators (the "School Officials") to be contacted as needed. The list will contain regular and emergency telephone and pager numbers and identify which administrators are to be contacted for various types of problems and the order in which the administrators are to be contacted. 2. In addition to the Police Liaison Officer assigned to Prospect High School, the Village Police Chief will provide the School with the name of one other officer responsible for implementing this Agreement. The officers shall provide their regular and emergency telephone and pager numbers to the School Officials. 3. The administrators on the School's list and the officers assigned by the Village Police Chief will meet to facilitate and review implementation of this Agreement as often as necessary. B. Reporting of Student Criminal Activity 1. By the School to Police Officials a. School Officials will promptly report to the Police Officials the activity of students who reside and/or attend Prospect High School that involves or is suspected to involve: i. Criminal gang activity; ii. Weapons such as guns and knives, explosives, impact devices, or any item used as a weapon; iii. Sale of drugs or other intoxicants; iv., Possession of significant quantities of drugs or other intoxicants; V, Fights or other violent activity which might reasonably carry over into the community; vi. Abuse, neglect, lock -out, and runaway situations; vii. Acts of vandalism-, 10 MtllmvNna A, 1481090.,.1 viii. Other activities involving students which threaten the safety of students or community members on or off School property; or ix. Any state or federal crime occurring or which has occurred on school property or at a school event which might reasonably carry over into the community. b. Where violence or other activity poses an imminent threat to the safety of students or community members, the information will be shared as soon as possible; otherwise, the information will be shared not later than two business days after the information becomes known to School Officials. C. Where information regarding a School student does not constitute activities that involve or are suspected to involve those listed in Sections I.B.l.a(i-ix), the School shall not disclose the information to the Village Police Department absent the specific written consent of the student's parent/guardian (or the student if age 18 or older), by an order of a court of proper jurisdiction, or as otherwise permitted by the Illinois School Student Records Act (the "Act"), 105 ILCS 10/1 et seq. d. In accordance with Section 10/6(a)(6.5) of the Illinois School Student Records Act, and consistent with Section I.C.3 of this Agreement, the School may release school student records or information to juvenile authorities when necessary for the discharge of their official duties upon a request for information prior to adjudication of the student and if certified in writing that the information will not be disclosed to any other party except as provided under law or order of court. "Juvenile authorities" include probation officers, law enforcement officers and prosecutors, and others as defined in Section 10/6(a)(6.5). 2. By Police Officials to the School a. Police Officials will report to School Officials the same type of information referenced in Section 1-(a) above, within the same time frames, where the activity by students or others might reasonably carry over onto school grounds or school activities. b. As provided by Section 1-7(a)(8) of the Juvenile Court Act, Police Officials will share law enforcement records with School Officials that relate to the following offenses or suspected offenses with respect to a minor enrolled in one of the School's schools who has been taken into custody or arrested when Police Officials believe that there is an imminent threat of physical harm to students, school personnel, or others who are present in the school or on school grounds: Any violation of Article 24 of the Criminal Code (720 ILCS 5/24 1481090.1 seq.) (weapons); ii. A violation of the Illinois Controlled Substances Act (720 ILCS 570/100, et seq.); iii. A violation of the Cannabis Control Act (720 ILCS 550/1, et seq.); iv. A forcible felony as defined in Section 2-8 of the Criminal Code (720 ILCS 5/2-8); V. A violation of the Methamphetamine Control and Community Protection Act (720 ILCS 646/1 et seq.); vi. A violation of Section 1-2 of the Harassing and Obscene Communications Act (720 ILCS 5/26.5); vii. A violation of the Hazing Act (720 ILCS 5/12C-50); or viii. A violation of Section 12-1, 12-2, 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the Criminal Code (720 ILCS 51)(bodily harm and mob action). C. Police Officials will share information with School Officials concerning a minor who is the subject of a current police investigation that is directly related to school safety. Such information may only be shared orally. An investigation means an official, systemic inquiry by Police Officials into actu»al nr giwenactarl rrriminal activity d. As required by Section 22-20 of the Illinois School Code, Police Officials shall report to School Officials whenever a student is detained for proceedings under the Juvenile Court Act or for any criminal offense or any violation of a municipal or County ordinance. The report shall include the basis for the detention, the circumstances surrounding the detention, and the status of the proceedings. Police Officials shall periodically update the report as significant stages of the proceedings occur and with the disposition of the matter. e. However, in administering Section 22-20 of the School Code and this Agreement, law enforcement officials are not obligated to initiate reporting to the School regarding the detention of students for conduct deemed by Police Officials to be minor and unlikely to assist in the rehabilitation of the student or the protection or safety of students and employees in the School. In contrast, conduct involving vandalism, violence, gangs, weapons, drugs, alcohol, runaways, family disputes, abuse, or an appearance in court as a juvenile or an adult for other than minor traffic offenses would be reported. More generally, Police Officials 1481090,1 will share information with School Officials where student misconduct outside of school is likely to be carried into school or school activities, or have a significant impact on the safety and well-being of students, staff, and community members associated with the schools. In turn, School Officials will share information with law enforcement officials where student misconduct in school or at school activities is likely to extend into the community or involve an offense for which reporting is required by law. f. Although the provisions of the Juvenile Court Act do not apply to students aged 18 or older, Police Officials shall provide School Officials with the same information regarding suspected criminal offenses committed by students ages 18 and older as is reported for students included in the scope of the Juvenile Court Act under this Agreement. C. Confidentiality and Records 1. Content of Criminal Activity Information . All criminal activity information shall include the names of all involved persons, including School students and minors, except in cases where the name of the victim is protected under the Rights of Crime Victims and Witnesses Act, 725 ILCS 120/1, et seq., as amended, or other applicable law. 2. Confidentiality of Records and Criminal Activity Information. Any law enforcement and student records subject to disclosure under this Agreement shall not be disclosed or made available in any form to any person or agency other than as set forth in this Agreement or as authorized by law. Police Officials and School Officials shall develop procedures to ensure such nondisclosure of criminal activity information, except as may be authorized by law or set forth in this Agreement. Such procedures shall be designed to also ensure that any criminal activity information is not available to other employees, or any persons other than as authorized by this Agreement or by law. I Illinois School Student Records Act. This Section I.0 and this Agreement are intended to satisfy Section 6(a)(6.5) of the Illinois School Student Records Act, 105 ILCS 10/6(a)(6.5), which authorizes a school district to release information to law enforcement officers when necessary for the discharge of their official duties who request information prior to adjudication of the student and upon written certification that the information disclosed by the school will not be disclosed to any other party, except as provided by law or order of court. 4. Not Educational or School Records. a. School Officials shall follow State and federal laws regarding student records. Consistent with Section 10/2(d) of the Illinois School Student Records Act, reports of the Police Liaison Officer shall be deemed the 1481090.1 reports of a law enforcement professional and shall not be considered a student record. 105 ILCS 10/2(d). For purposes of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232(g), Police Liaison Officer designated to work with the School pursuant to this Agreement shall be considered a law enforcement unit of the school such that the records created by Police Liaison Officer for the purpose of law enforcement shall not be considered educational records. K All reports and records shared by Police Officials with School Officials shall be kept in a secure location and shall not be a public record. Such information shall be kept separate from and shall not become a part of the student's official school record. The information shall be used by School Officials solely to aid in the proper rehabilitation of the student and to protect the safety of students and employees in the schools. II. VILLAGE ACCESS TO IMAGES FROM SCHOOL DIGITAL CAMERAS A. Provision of Digital Camera System Software. The School shall provide the Village Police Department with the necessary software in order to enable the Village Police Department to view real time images created by the School digital cameras on Village Police Department computers. The Village shall enter into any required software license agreement with the vendor of the software at the Village's sole cost. B. Limited Viewing. Individuals authorized to view images created by the School digital cameras shall be limited to the Village Police Chief, Village Police Department employees antlhnriveil hxr the (`hief or in the ahcenre of the (`hief the Chief s designee ("Authorized Viewers"). The Village shall not permit any individual, including Authorized Viewers, to view images created by the School digital cameras on a routine basis. Authorized Viewers shall only view real time images created by the School digital cameras when viewing is necessary for the Village Police Department to deter or protect against an imminent and substantial threat that is likely to result in significant bodily harm or damage to School property. The Village shall not create or retain any recordings of the School's digital images unless the Superintendent of the School or the Superintendent's designee consents to such retention. If the Village receives a Freedom of Information Act request for any School digital images, the Village shall immediately notify the School and work in good faith with the School before responding to the Freedom of Information Act request. C. School Student Records. The images created on the School's digital cameras are created for security purposes and are therefore not school student records as defined by Section 2 of the Illinois School Student Record Act, 105 ILCS 10/2 or Section 375.10 of the Illinois Administrative Regulations, 23 ILADC 375.10. Such images may, however, become student records if subsequently used by the School in a student disciplinary matter. If that is the case, the School shall notify 1481090.1 the Village Police Chief and the Village shall erase any images that the Village has retained and that have become school student records, unless such images are part of an active police investigation into actual or suspected criminal activity. III. OTHER TERMS AND CONDITIONS A. Termination of Originalgreement. The Original Agreement is terminated in its entirety and this Agreement sets forth all the covenants, conditions, and promises between the parties. There are no covenants, promises, agreements, conditions or understandings between the parties, either oral or written, other than those contained in this Agreement. B. Term and Renewal. This Agreement shall immediately take effect on the effective date, as set forth in Section III.H of this Agreement and shall be in full force and effect for a period of two years thereafter. This Agreement shall automatically renew for successive two year periods unless terminated as provided below. C. Termination. This Agreement may be terminated at any time upon 30 days advance written notice by either party. Section II of this Agreement may be terminated at any time upon 30 days advance written notice by either party without terminating the other Sections of this Agreement. D, Amendments and Modifications. This Agreement may be modified or amended from time to time provided, however, that no such amendment or modifications shall be effective unless reduced to writing and duly signed by an authorized representative of the parties. E. Provisions Severable. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. F, Information. Information may be communicated verbally among the designees at any time deemed necessary by the designees. G. Indemnification. To the fullest extent permitted by law, the School agrees to indemnify and hold harmless the Village, its officers, officials, agents, volunteers, employees, and their successors and assigns, in their individual and official capacities (the "Village Indemnified Parties") from and against any and all liabilities, loss, claim, demand, lien, damage, penalty, fine, interest, cost and expense, including without limitation, reasonable attorneys' fees and litigation costs, incurred by the Village Indemnified Parties arising out of any activity of the School in performance of this Agreement, or any act or omission of the School or of any employee, agent, contractor, or volunteer of the School (the "School 1481090.1 Indemnitors"), but only to the extent caused in whole or in part by any negligent or willful and wanton act or omission of the School Indemnitors. To the fullest extent permitted by law, the Village agrees to indemnify and hold harmless the School, its Board and its members, employees, volunteers, agents, their successors, and assigns, in their individual and official capacities (the "School Indemnified Parties") from and against any and all liabilities, loss, claim, demand, lien, damage, penalty, fine, interest, cost and expense, including without limitation, reasonable attorneys' fees and litigation costs, incurred by the School Indemnified Parties arising out of any activity of the Village in performance of this Agreement, or any act or omission of the Village or of any employee, agent, contractor or volunteer of the Village (the "Village Indemnitors"), but only to the extent caused in whole or in part by any negligent or willful and wanton act or omission of the Village Indemnitors. , Effective Date. This Agreement shall be deemed dated and become effective on the date the last of the parties signs as set forth below the signature of their duly authorized representatives. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers duly authorized to execute the same. VILLAGE OF MOUNT PROSPECT IM Title: Mayor Date: ATTEST: Title: Village Clerk Date: BOARD OF EDUCATION OF TOWNSHIP HIGH SCHOOL DISTRICT NO. 214 By: Title: Board President Date: ATTEST: Title: Secretary Date: 1481090.1 Mount Mount Prospect Public Works Department INTEROFFICE MEMORANDUM TO: ACTING VILLAGE MANAGER DAVID STRAHL FROM: DEPUTY DIRECTOR DATE: APRIL 15, 2015 SUBJECT: SURPLUS PUBLIC WORKS' PROPERTY TO BE SOLD The village has accumulated a large amount of scrap metal that needs to be recycled. Scrap metal is generated from maintenance and capital improvement projects. Attached is a detailed list of the items to be declared surplus and an ordinance that authorizes the village to sell the surplus items through the methods defined in the attached Exhibit A. Scrap metal is taken to a recycler that pays the Village per pound of material delivered. The rates offered depend on the type of metal and may vary daily. Based on current pricing, Lake County Scrap offers the best pricing for all materials including steel, aluminum, brass, and insulated wire. However, if pricing should change the material would be taken to the recycler offering the highest individual unit pricing. Please refer to Exhibit A for a detailed list of the quantities to be recycled and current pricing. Attached is an ordinance declaring miscellaneous personal property (Exhibit A) as surplus. With your concurrence, I would like to present this ordinance to the Mayor and Board of Trustees for their consideration at the April 21, 2015 Village Board Meeting. Director of Public Works Jason H. Leib Attachments cc: Sean P. Dorsey, Director of Public Works Matt Overeem, Water & Sewer Superintendent ORDINANCE NO. AN ORDINANCE AUTHORIZING THE SALE OF SURPLUS PERSONAL PROPERTY OWNED BY THE VILLAGE OF MOUNT PROSPECT WHEREAS , pursuant to Section 11-76-4 of the Illinois Municipal Code (65 ILCS 5/11-76-4), the Corporate Authorities of the Village of Mount Prospect may dispose of personal property owned by the Village when, in the opinion of a simple majority of the Corporate Authorities, such property is no longer necessary or useful to, or for the best interests, of the Village; and WHEREAS , Mayor and Board of Trustees of the Village of Mount Prospect deem it no longer necessary, useful or in the best interests of the Village to retain the personal property described in Exhibit “A,” which is attached hereto and incorporated herein. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE EXERCISE OF ITS HOME RULE POWER: SECTION ONE: The personal property, described in Exhibit “A,” is declared to be surplus personal property because it is no longer necessary, useful or in the best interests of the Village to retain. SECTION TWO : The Acting Village Manager, or his designee, is authorized to dispose of the Surplus Property in the manner described in Exhibit “A.” SECTION THREE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: ABSTAIN: PASSED and APPROVED this day of April, 2015. _______________________________ Arlene A. Juracek Mayor ATTEST: _______________________________ M. Lisa Angell Village Clerk Personal Property Items List Exhibit A 4-21-2015.xlsx Exhibit A Est. Q Unft, ,;: Item Descri tion Unit Price (per Ibi Est. Value Each Method of Sale ' Althernate Method of Sale 15,000 lbs Steel $ 0.067 $ 1,005.00 Lake County Scrap Vendor Offering Highest Price 500 lbs Brass $ 1.40 $ 700.00 Lake County Scrap Vendor Offering Highest Price 50 lbs Insulated Wire $ 1.70 $ 85.00 Lake County Scrap Vendor Offering Highest Price 750 lbs Aluminum $ 0.52 $ 390.00 Lake County Scrap Vendor Offering Highest Price Total $ 2,180.00 Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: DAVID STRAHL, ACTING VILLAGE MANAGER FROM: FINANCE DIRECTOR DATE: APRIL 15, 2015 SUBJECT: RESERVATION OF PRIVATE ACTIVITY BOND VOLUME CAP PURPOSE: To present for Village Board consideration an ordinance that would reserve the 15 private activity bond volume cap. BACKGROUND: The Internal Revenue Code allows state and local governments to issue tax- exempt debt for the benefit of certain qualified private development projects and first-time homebuyer programs. Development projects include the acquisition or construction of industrial facilities and apartments for low and moderate-income families. The amount of such private activity debt issued in 2015 cannot exceed the equivalent of $100.00 cap is currently $5,477,100 based on a population of 54,771 (the population . DISCUSSION: According to state statute, any volume cap not reserved or committed by a th municipality by April 30 is automatically transferred to the State of Illinois. If a community does not have any specific projects that would qualify for the tax exempt financing, it can cede, or transfer, the volume cap to another community. The Village has a total of $5,477,100 of private activity bond volume cap it must reserveor it will be transferred to the State of Illinois. The Village can choose to hold onto the volume cap after it is reserved until a project is identified. The cap may also be carried over for up to three years depending on the type of project being considered. There are currently no local projects at this time placing a cap. 2015 Private Activity Bond Volume Cap April 15, 2015 Page 2 of 2 The City of Aurora has again requested the Village transfer its bond volume cap A financial assistance and tax credits to first-time homeowners that meet certain income guidelines. As in the past, the City of Aurora will handle all administration of the program. If approved, this would be the 10th year in which the Village has RECOMMENDATION: It is recommended the Village Board adopt the attached ordinance reserving the 15. DAVID O. ERB FINANCE DIRECTOR DOE/ I:\\Private Activity Bonds\\2015\\Reservation Cover Memo - April 2015.docx 6 2 T At 'RO RA TI , < J. Wr.sm:.. Mair, 0 AW lostst Homeownership Program Want a home of your own, but can't meet the down payment and closing costs? The Village of Mount Prospect, in association with a number of Illinois communities, offer a two-pronged approach to assist homebuyers: The Assist program provides families with funds to pay all or most of their closing costs and down payment and the Mortgage Credit Certificate ("MCC") program reduces the homebuyer's ongoing cost of borrowing. What is Assist? Assist is a program that offers individuals and families with a FHA/VA/RD and Conventional, 30 -year, fixed-rate mortgage and offers a full 3.00% cash grant on the amount borrowed on a mortgage to qualified home buyers for homes in Mount Prospect. The cash assistance may be used to offset some or all of the home loan's down payment and closing costs. The Assist program minimizes the amount of money you need on hand to purchase your home. What are Mortgage Credit Certificates? MCC's are a federally authorized program created as an alternative to tax-exempt housing bonds to reduce effective interest costs for qualifying homebuyers. MCC's allow the homebuyer to qualify for a federal income tax credit equal to a percentage of the interest paid on their home loan each year. MCC holders still qualify for a regular deduction of the remaining interest paid on their home loan. *The interest rate indicated is only for representation purposes. Please check the I Ilinois Assist website: http://www.ehousingplus.com/available- programs/illinois/il Iinois-assist/ or the contact below for today's rate. Mortgage Amount $100,000 $100,000 Mortgage Interest Rate* I 4.00% 4.00% Monthly Mortgage Payment (first year interest = $3,967.95) $477.42 $477.42 MCC Rate I N/A I 25% Monthly Credit Amount (First Year Average) (25% of $3,967.95 is first year credit) N/A $82.66 "Effective" Monthly Mortgage Payment $477.42 $394.76 *The interest rate indicated is only for representation purposes. Please check the I Ilinois Assist website: http://www.ehousingplus.com/available- programs/illinois/il Iinois-assist/ or the contact below for today's rate. 1W Homeownership Program What Type of Home Can I Buy And How Much Can I Spend? Homes that meet the program guidelines are new or existing, owner -occupied, single family homes, town homes and condominiums. Purchase Price and Income Limits are as follows: Purchase Price Limits: Non -Targeted Area Targeted Area $357,750 $437,250 Income Limits: Non -Targeted Area Targeted Area 1 or 2 persons 3 or more 1 or 2 persons 3 or more $88,320 $102,986 $88,320 $103,040 How Do I Sign Up? 1. Contact Angela Conover at (312) 664-5656 or angelaconover@earthlink.net 2. Meet the program guidelines and qualify for the new home. 3. Close on your purchase and enjoy your new home. ORDINANCE NO. _______________ AORVC N RDINANCE ESERVING OLUME AP IN CONNECTION WITH PABI,. RIVATE CTIVITY OND SSUES AND RELATED MATTERS _____________________________________________ Passed and approved by the Mayor and Board of Trustees this 21st day of April, 2015. Published by authority of the corporate authorities of the Village of Mount Prospect, Illinois, this 22nd day of April, 2015. ON. ______ RDINANCE O AORVC N RDINANCE ESERVING OLUME AP IN CONNECTION WITH PABI,. RIVATE CTIVITY OND SSUES AND RELATED MATTERS W, the Village of Mount Prospect, Cook County, Illinois (the ), is HEREAS a municipality and a home rule unit of government under Section 6 of Article VII of the 1970 Constitution of the State of Illinois; and W, Section 146 of the Internal Revenue Code of 1986, as amended (the ), HEREAS provides that the Municipality has volume cap equal to $100.00 per resident of the Municipality in each calendar year, which volume cap may be reserved and allocated to certain tax-exempt private activity bonds; and W, the Illinois Private Activity Bond Allocation Act, 30 Illinois Compiled HEREAS Statutes 1998, 345/1 et seq., as supplemented and amended (the ), provides that a home rule unit of government may transfer its allocation of volume cap to any other home rule unit of government, the State of Illinois or any agency thereof or any non-home rule unit of government; and W, it is now deemed necessary and desirable by the Municipality to reserve all of HEREAS its volume cap allocation for calendar year 2015 to be applied toward the issuance of private activity bonds (the ), as provided in this Ordinance, or to be transferred, as permitted by this Ordinance; N,,Be It Ordained by the Mayor and the Board of Trustees of the Village OW THEREFORE of Mount Prospect, Cook County, Illinois, as follows: S 1. That, pursuant to Section 146 of the Code and the Act, the entire volume ECTION cap of the Municipality for calendar year 2015 is hereby reserved by the Municipality, which shall issue the Bonds using such volume cap, or shall use or transfer such volume cap, without any further action required on the part of the Municipality, and the adoption of this Ordinance shall be deemed to be an allocation of such volume cap to the issuance of the Bonds or such other bonds; provided, that any such transfer shall be evidenced by a written instrument executed by the Mayor or any other proper officer or employee of the Municipality. S2. That the Municipality shall maintain a written record of this Ordinance in ECTION its records during the term that the Bonds or any other such bonds to which such volume cap is allocated remain outstanding. S 3. That the Mayor, the Village Clerk and all other proper officers, officials, ECTION agents and employees of the Municipality are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents and certificates as may be necessary to further the purposes and intent of this Ordinance. S 4. That the provisions of this Ordinance are hereby declared to be separable, ECTION and if any section, phrase or provision of this Ordinance shall for any reason be declared to be invalid, such declaration shall not affect the remainder of the sections, phrases and provisions of this Ordinance. S 5. That all ordinances, resolutions or orders, or parts thereof, in conflict ECTION herewith are, to the extent of such conflict, hereby superseded; and that this Ordinance shall be in full force and effect upon its adoption and approval. AYES: NAYS: ABSENT: PASSED and APPROVED this 21st day of April, 2015. _________________________________ Arlene A. Juracek Mayor A: \[S\] TTESTEAL _________________________________ M. Lisa Angell Village Clerk