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HomeMy WebLinkAbout5. NEW BUSINESS 6/19/07 Village of Mount Prospect Community Development Department MEMORANDUM {"""Mount Prospectr , ~ TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JUNE 15,2007 SUBJECT: PZ-07-07 - CONDITIONAL USE (MIXED USE PLANNED UNIT DEVELOPMENT) 601 E. KENSINGTON ROAD NEPCO - APPLICANT The Planning & Zoning Commission transmits their recommendation to approve Case PZ-07-07, a request to construct a mixed use industrial/commercial planned unit development, as described in the attached staff report. The Planning & Zoning Commission heard the request at the April 26 and May 24, 2007 meetings. The Petitioner proposes to demolish the existing building and construct five (5) buildings on one lot of record. This lot at the SEC or Wheeling and Kensington is zoned 1-1 and was not developed as part of the Kensington Business Center (KBC). The four identified occupants are contractors; their proposed buildings include office space, warehouse areas, and outdoor storage areas. Tenants for the commercial space have not yet been secured. The proposed site plan indicates two driveways would be added to the site (one each on Wheeling Rd and Kensington Rd), creating four access points to/from the proposed development. The Planning & Zoning Commission discussed the request at length. Several neighbors attended the meetings and presented concerns that the development would adversely impact their properties due to the types of businesses identified and corresponding hours of operation and outdoor storage. Access to/from the site was discussed, and the possibility of widening Wheeling Road was raised. (Staff confirmed later with the Village's Traffic Engineer that widening Wheeling Road was not necessary, but re-striping it was a possibility.) There was general discussion that the proposal was not in keeping with the Kensington Business Center. While the Subject Property is not part of the KBC, Staff did research the original Kensington Business Center covenants. The KBC covenants prohibit noxious or offensive trades, services or activities and specifically prohibit auto salvage yard, used material yards, or any type of exposed open sales or storage of materials. The covenants also require adequate off street parking, landscaping, and masonry construction of buildings. The covenants do not however apply to the property in question. The submitted plan does meet the 1-1 zoning class requirements. Working with the Petitioner, the Commission modified the conditions of approval in response to the resident's concerns. The Planning & Zoning Commission voted 7-0 to recommend that the Village Board approve the Conditional Use permit to construct a mixed use PUD at 601 E. Kensington Road, Case No. PZ-07-07, subject to the conditions listed in the Staff Report and the following conditions: 1. No material storage in yards; temporary material storage not to exceed 24 hours. 2. Reduce fence height as applicable, or eliminate fences ifnot needed. Please forward this memorandum and attachments to the Village Board for their review and consideration at their June 19, 2007 meeting. Staff will be present to answer any qu.~t~ons related to this matt~r . !ll:;J W ~ '" i 1 'I" William J. ~oney, Jr., A CP' H:\PLAN\Planning &, Zoning COMM\P&Z 2007\MEJ Mcmos\PZ-07-Q7 ME) MEMO (601 Kensington - NEPCO).doc _ NEPCO.INC. CONSTRUCTION MANAGEMENT · CONSULTING/DESIGN PROPERTY MANAGEMENT June 5, 2007 Mr. Bill Cooney Village of Mount Prospect Community Development Department 50 South Emerson Street Mount Prospect, Illinois 60056 Re: PZ-07-07 I Conditional Use - 601 E. Kensington Road Dear Mr. Cooney, Please let this letter act as my request that the second reading of the ordinance by the Village Board for the above referenced project be waived and final action take place at the June 19, 2007 Board Meeting. If you need any further requests regarding this matter please feel free to contact me at your earliest convenience. Sincerely, Necpo, Inc. ~~.~~a~ 1 nnl r:DDhnn\lillD nri\lD . M... PrncnDr'" lIIinnic nnnl:\n . (A47\ ~04_n9nn . I=ny (A47\ ~04-n9nt; MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-07-07 Hearing Date: May 24, 2007 PROPERTY ADDRESS: 601 E. Kensington Road PETITIONER: NEPCO, Inc / Nicholas Papanicholas PUBLICATION DATE: March 7, 2007 PIN NUMBERS: 03-35-200-019-0000 REQUEST: Conditional Use - Mixed Use Planned Unit Development MEMBERS PRESENT: Richard Rogers, Chairperson Joseph Donnelly Leo Floros Marlys Haaland Mary McCabe Ronald Roberts Keith Youngquist STAFF MEMBER PRESENT: Judith Connolly, AICP, Senior Planner Ellen Divita, Deputy Director of Community Development INTERESTED PARTIES: Nick Papanicholas, Joseph Rubel, LeAnn Chuboff, Nancy Beckmann, Donna Johnson, Mike Giannini, Irma Clapperty, Stanislaw Wiktorowski, Mary Jo Bode, Diane Pidgeon, Lou and Mary Sbarbord Chairman Richard Rogers called the meeting to order at 7:32 p.m. Joseph Donnelly moved to approve the minutes of the April 26, 2007 meeting and Leo F1oros seconded the motion. The minutes were approved 6-0, with Keith Youngquist abstaining. Chairman Rogers made a brief speech and thanked former Planning and Zoning Commission Chairperson Arlene Juracek and former Trustee Michaele Skowron for their years of service to the Village. Mr. Donnelly made a motion to continue Cases PZ-15-07 and PZ-16-07 to the June 28, 2007 Planning and Zoning Commission Meeting. Mr. Youngquist seconded the motion. The motion to continue was approved 7-0. After hearing one previous case, Mr. Donnelly made a motion to un-table Case PZ-07-07 and Ronald Roberts seconded the motion. The motion was approved 7-0 and Chairman Rogers introduced Case PZ-07-07, a request for a Conditional Use at 601 East Kensington Road, at 7:44 p.m. Judy Connolly, Senior Planner, presented the case. She stated the Planning & Zoning Commission reviewed the Petitioner's request at their April 26, 2007 meeting. The case was tabled at that meeting to allow the Petitioner time to revise the Traffic Study and address other concerns the Commissioners and residents presented at the April meeting. The Petitioner has since submitted revised plans and a new Traffic Study. Ms. Connolly said the Petitioner proposes to demolish the existing building and construct five buildings on one lot of record. The earlier proposed restaurant has been eliminated from the project and the commercial-retail building has been expanded from approximately 10,000 square feet to almost 16,000 square feet. Ms. Connolly stated that the proposed site plan indicates two driveways would be added to the site, creating four access points to/from the proposed development. Access to the site has been modified to address the Village's Traffic Engineer's concerns: that the western most drive along Kensington Road has been modified to allow right- in/right-out only access while the eastern most drive will have full access, and access along Wheeling Road has Richard Rogers, Chairman Planning & Zoning Commission Meeting May 24, 2007 PZ-07-07 II Page 2 been modified to allow right-in/right-out only access for the southern most drive and full access is permitted at the northern most drive. Ms. Connolly said the site plan indicates that some of the parking stalls along the north lot line measure less the minimum l6-foot depth, which is the minimum allowed depth when there is a 2-foot overhang. However, the drive aisles can be reduced to 24-feet so the stall length would comply with the Village's regulations. Ms. Connolly stated that the Petitioner submitted a landscape plan that indicates a significant amount of landscaping would be installed at the Subject Property. However, the proposed perimeter landscaping lacks year- round materials. Staff recommends revising the landscape plan to include at least 50% year-round materials along the perimeter of the Subject Property. Ms. Connolly said the Village Code lists parking regulations, which are based on the proposed use. Staff understands that all the parking spaces are available to all the tenants, with the exception of the parking areas secured behind gates. The secured parking fields are intended to accommodate employee parking and company vehicle storage. She stated that in order to ensure code compliance, a cross parking agreement and easement noted on the plat would need to be adopted so parking remains available for all users in the development. She showed a table summarizing the proposed parking conditions, and that the site will provide more than the minimum amount of required parking. Since the site is over parked, Staff suggests the Petitioner eliminate some of the parking spaces in the secured areas to ensure optimal visibility when exiting/entering the secured area. Ms. Connolly stated that the Petitioner's elevations have not changed since the last submittal. The contractors' buildings are consistent with typical industrial buildings and will be stained precast concrete panels and include accent reveals. Ms. Connolly said the elevations for the commercial-retail building indicate the building will be all brick, and include soldier course that frames the windows and defines the signable area. The west and north elevations lack architectural design and roofline interest. She said that these elevations must be modified to provide distinguishable retail space at this location. Ms. Connolly stated that the Village's Traffic Engineer reviewed the revised submittal. Access to the site was revised in response to previous comments, and the remaining items listed in the Staff report will be included with the permit review, and will be addressed at that time. Ms. Connolly said the Petitioner submitted a sign package that includes a freestanding sign along Kensington Road. The proposed signs appear to be located closer than the required 5-foot setback and may need to be reduced in size in order to be located in this area and comply with the setback requirement. In addition, wall signs would be provided for the retail tenants and each contractor tenant would have an individual freestanding sign. She said the Sign Code allows freestanding identification signs in lieu of wall signs and limits the size to 10 square feet. The size of the proposed individual contractors' signs comply with the Village's Sign Code requirements. However, it is not clear where these signs would be located. Prior to submitting for sign permits, the Petitioner will have to prepare a site plan indicating the location of the proposed signs to document compliance with the Village's Sign Code regulations. Ms. Connolly stated that the existing Kensington Business Center (KBC) entry sign, located in the right-of-way at the northeast corner of Kensington and Wheeling Roads, will remain, but the sign needs repairs. The Village Code addresses Planned Unit Developments (PUDs) and how the development should provide an amenity of sorts. Due to the nature and size of the proposed PUD, the Petitioner is limited in options to provide an amenity. However, repairing the KBC entry sign is an alternative that meets the intent of the Village Code. Richard Rogers, Chairman Planning & Zoning Commission Meeting May 24, 2007 PZ-07 -07 II Page 3 Ms. Connolly summarized the standards for Conditional Uses as listed in the Zoning Ordinance which include specific findings that must be made in order to approve a Conditional Use. These relate to: · The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; . The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; · There is adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets; and · The request is in compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. Ms. Connolly said the proposed development is zoned Il Limited Industrial. The proposed buildings will comply with the required setbacks and the site will have 73.4% lot coverage, which is less than the 75% limitation. Ms. Connolly stated that the Petitioner has addressed previous traffic related concerns and the proposed uses are consistent with the Comprehensive Plan. The site would comply with the Zoning Ordinance regulations subject to modifications to the Landscape Plan and submitting a code compliant site lighting plan. Consequently, the proposal complies with the standards for a Conditional Use as listed in the Zoning Ordinance. Ms. Connolly said the proposed mixed use industrial PUD proposal meets the Conditional Use standards contained in the Zoning Ordinance, subject to the Petitioner revising the exhibits as noted in the staff report. Staff recommends that the Planning & Zoning Commission approve the following motion: "To approve a Conditional Use permit for a mixed used Planned Unit Development at 601 E. Kensington Road, Case Number PZ-07 -07 subject to the following: 1. Prior to Village Board review, the Petitioner shall: a. Revise the Landscape Plan to include at least 50% year-round plant materials along the perimeter of the Subject Property. b. Revise the west and north elevations of the retail building to include architectural and roofline interest, and distinguishing it as retail space. c. Prepare color renderings of the buildings. 2. The Petitioner shall prepare plans in general conformance with the site plan prepared by NEPCO, dated May 8, 2007. 3. The Petitioner shall repair the existing Kensington Business Center entry sign located at the southeast corner of Kensington and Wheeling Roads. 4. The hours of operation shall conform with the information submitted on the Petitioner's letter dated May 9, 2007 and normal hours shall not extend past 7:00 a.m. and 10:00 p.m. 5. Prior to submitting for a Building Permit, the Petitioner shall prepare plans that provide additional hydrants as required by Village Code. 6. The Petitioner shall provide the Fire Department access to the secured outdoor storage areas through the Knox rapid key entry system, which includes electric key switches ands/or padlocks. Richard Rogers, Chairman Planning & Zoning Commission Meeting May 24, 2007 PZ-07-07 II Page 4 7. The Petitioner shall prepare a plat of easement establishing a cross access agreement that ensures shared parking for the unsecured parking spaces and access to all driveways. 8. The Petitioner must provide cross access and shared parking easements that benefit each building owner. These easements must be illustrated on the PUD Plat and documented in the Association documents. 9. The site shall be developed in accordance with all Village Codes and regulations." Ms. Connolly stated that the Village Board's decision is final for this case. Chairman Rogers pointed out that the restaurant has been removed. He asked that since this development is located in the Business Park, if the proposed retail spaces were approved, if a restaurant could be added. Ms. Connolly stated that a restaurant is a Conditional Use in the II district and would require the Petitioner coming back to the Planning and Zoning Commission for approval. Mr. Floros asked if a grocery store would be allowed in the retail section. Ellen Divita, Deputy Director of Community Development, stated that the proposed building would not be large enough for a grocery store. Ms. Connolly stated that a grocery store is not specifically listed in the permitted uses in the I I district. There was general discussion regarding the types of businesses permitted in the 11 district. Mr. Youngquist asked if the storm water detention for the site was discussed at the last meeting. Ms. Connolly stated that the Petitioner is not seeking relief from Village Code, and therefore detention requirements would be reviewed at the time of permit. Mr. Donnelly asked if the Kensington Business Park is also zoned II or if it has a different zoning classification. Ms. Connolly stated that the Business Park has II zoning. Mr. Donnelly asked if the proposed hours of operation from 7 a.m. to 10 p.m. is adequate for the contractors operating out of the site. Ms. Connolly suggested the Petitioner and the tenants address the proposed hours of operation as it relates to each tenants' business. Mr. Donnelly asked if there is anyway to ensure that the secured parking areas are not taken over by storage, causing the company vehicle parking to spill into the customer parking area; Ms. Connolly said it would be monitored on a complaint-basis. Chairman Rogers said he is disappointed that the Petitioner did not submit a revised landscape plan. He also stated that the main identification sign would not be allowed with 10 sign panels for each tenant, as shown in the Petitioner's plan. Ms. Connolly clarified that the Village Sign Code allows for 6 tenant panels per sign-face. Mr. Donnelly asked if there were plans to widen Wheeling Road because the Petitioner is looking for 3 lanes plus a median. Ms. Connolly stated that there are no plans to widen Kensington Road. She said the Village Traffic Engineer reviewed the proposed PUD and addressed his concerns in the Staff report, but it did not include widening the road. Mr. Donnelly stated the plans are showing 3 lanes plus a 6-foot median and he does not feel that is adequate. Ms. Connolly said Engineering did review the plans, but did not suggest street widening. Mr. Donnelly said he feels there needs to be 4 lanes to handle the left-hand turn and through traffic. There was general discussion regarding left-hand turns into the development. Ms. Connolly stated she can point out Mr. Donnelly's concern to Engineering and that can be verified prior to the case going to Village Board. Mary McCabe asked if the painted median is used for left turn lane. There was continued discussion regarding the painted median and left-hand turns into the property. Ms. Connolly said she would direct this issue to the Village's Traffic Engineer to address. Mr. Donnelly stated that the Traffic Study does not designate Kensington as a Strategic Regional Arterial (SRA) Road; he thought Kensington was a SRA roadway. Ms. Connolly stated that the SRA designation comes from the Illinois Department of Transportation and Kensington does not have an SRA designation. Richard Rogers, Chairman Planning & Zoning Commission Meeting May 24, 2007 PZ-07-07 II Page 5 Chairman Rogers swore in the Petitioner, Nicholas Papanicholas, Senior, representing NEPCO. Mr. Papanicholas gave a brief history of the project. He stated that they have worked closely with Staff to develop this project. He said his understanding is Kensington Road is an IDOT road and Nepco has taken IDOT recommendations of what they would like to see at the intersections. He stated that NEPCO is agreeable to workout whatever design and configuration Engineering, Public Works, and the Fire Department would like to see for the Village's traffic needs. Mr. Papanicholas stated that this project is bringing four new businesses to Mount Prospect. He clarified that the outdoor storage on the site will be primarily for vehicle and equipment storage, not for materials, and apologized for the confusion. He said the intended use for the secured parking is for company vehicle and employee parking. Mr. Papanicholas said they are agreeable to changing the landscaping plan to include additional year-round plantings. He said sheet Ll in the exhibits shows an extensive landscape plan, but it was not revised to include the additional year-round plantings as suggested by Staff. Chairman Rogers asked if the Petitioner would be agreeable to a condition that the outdoor storage areas be used solely for vehicle storage, not for materials. Mr. Papanicholas said he would not be comfortable speaking for each of the tenants. Mary Scarborough of Senate Electric, was sworn in, and stated that materials for their jobs are traditionally delivered to the job-site and the secured area on the proposed site would be used for vehicle storage. Mike Giannini of Giannini Sewer and Water, was sworn in, and stated that he would primarily be using the secure parking area for vehicles and trailers. Mr. Giannini stated his materials are delivered to the job-site. Jim Peterson of Peterson Roofing, was sworn in, and stated that his business will not be storing any material at the development. He said they will be using the secured area for parking vehicles. Chairman Rogers recommended adding a condition that there be no outdoor storage of materials in the secure parking area. Mr. Youngquist pointed out that the 8-foot height fence requirement is for material storage, not for vehicle storage. He said the fence would not fit into the character of the Business Park which contains many berms, not fences. Mr. Papanicholas stated the 8-foot fence was proposed for code requirements, but he would be agreeable to reducing the fence height and/or making it more decorative. Ms. Connolly stated that the 8-foot fence height came from the Village Code requirement for screening a material storage area. There was additional discussion regarding an 8-foot fence on the site. Mr. Papanicholas said he would work with Staff to reduce fence height. Chairman Rogers suggested reducing the fence height to 6-feet and/or eliminating the fence wherever possible; Mr. Papanicholas agreed. Mr. Donnelly asked the Petitioner if the tenants were agreeable to the proposed hours of 7 a.m. to 10 p.m. Mr. Papanicholas stated that the majority of the tenants are using these spaces as operational offices, that these hours were adequate and there would be minimal noise generated from the businesses. Mr. Floros stated that although this is an industrial zoned property, he would like to see the Business Park maintain the feeling of a business area versus an industrial area. Mr. Papanicholas stated his intention is to help revitalize the business park by bringing in some new commercial and retail businesses that are useful to the employees of the Kensington Business Park. Mr. Donnelly stated that this is an entry point to the Business Park and he prefers this development to convey the look of a business park, not an industrial park. Mr. Papanicholas stated that the buildings will have the same look as the other buildings in the park and will not be out-of-character for the Business Park. Chairman Rogers said he is familiar with several of the proposed tenants and the good reputation of Nepco and looks forward to these businesses coming to Mount Prospect. Chairman Rogers swore in Leann Chuboff, 707 Eastman Drive, Mount Prospect, Illinois. Ms. Chuboff said the proposed development will be about 200 feet from her property. She said she appreciates that the Petitioner has Richard Rogers, Chairman Planning & Zoning Commission Meeting May 24, 2007 PZ-07-07 II Page 6 addressed several of the concerns brought up at the last meeting, but she still has concerns about the future of the development. She is concerned about living so close to a contracting hub. She is concerned with the hours of operation; the noise the tenants will generate, and that this development will not fit into the character of the business park. She is concerned that 70% of the site is designated as secured parking/storage. She does not want the view from her home to be of construction storage. She stated she is also concerned with the proposed retail development; she said the restaurant may have been eliminated from the revised plan, but it does not mean a restaurant will not come in the future. She said the proposed retail could sit un-leased; there are several vacant retail buildings in town already and she is concerned that a retail space in a Business Park is not going to be filled. She stated that she feels this development does not meet the conditions for a Conditional Use according to Village Ordinance because it goes against the condition that the development "not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties." She believes this will impact her property negatively. Chairman Rogers swore in Donna Johnson of 1009 Westgate, Mount Prospect, Illinois. Ms. Johnson gave a brief history of her living in Mount Prospect. She stated that she is glad the Petitioner addressed many of the neighbor's concerns from the previous meeting, but she would like clarification on a few items: if this is primarily a contractor site, why do they need customer parking, and if these are mainly contractor offices why do they need warehouse space. Ms. Johnson showed pictures of another construction storage site in the area and stated she is concerned that the proposed screening will not be sufficient to screen the site from the neighborhood. Ms. Johnson stated that the current tenants may have good intentions of maintaining their site, but years from now, that may not be the case. She also stated that she is concerned the fence itself will not be attractive or well- maintained. Ms. Johnson stated that she looked up several of the proposed tenants on the internet and then visited a few of the sites. She showed photos what Peterson Roofing currently stores on their site. Chairman Rogers swore in Duffy Lehey, 609 East Ironwood, Mount Prospect, Illinois. Mr. Lehey asked what the repercussions for the Developer or Tenants would be, should they violate the conditions of the Conditional Use. Chairperson Rogers stated that as a neighbor, they would have the right to inform the Village, who would enforce the conditions. Ms. Connolly explained that the Village would issue a Notice of Violation and if not remedied, the case would proceed to Administrative Adjudication. Mr. Lehey asked what the penalty would be for starting work on the demolition prior to 6 a.m. He stated that the past two days, demolition work started before 6 a.m. Ms. Connolly stated that the neighbors should call 911 to report the incident. Ms. Divita stated that the neighbors should contact the Police because Building Department Staff is not available at 6 a.m. Mr. Lehey stated that he did call the Building Department today to file a complaint. There was general discussion regarding the Service Request process. Chairman Rogers swore in Stanislaw Wiktorowski of 711 Eastman Drive, Mount Prospect, Illinois. Mr. Wiktorowski stated that his property backs up to the Subject Property. He said he chose his home because it is a quiet neighborhood and he is concerned with the increase in heavy traffic and noise. He said he is also concerned that the increase in traffic will cause some drivers to leave Kensington Road and go through their neighborhood to get to Rand Road. Chairman Rogers swore in Diane Pidgeon of 715 Eastman Drive, Mount Prospect, Illinois. Ms. Pidgeon stated that she shares the same concerns as her neighbors. She said she loves living in Mount Prospect and feels that her neighbors do too. She has enjoyed living near the Business Park and feels that this development does not fit the character of the park. She is concerned that this development could reduce their property's value. She does not feel that this proposal will not benefit the neighborhood. Ms. Chuboff showed pictures of current storage conditions at Mr. Papanicholas' office in the KBC and a view of the proposed site from her backyard. Chairman Rogers invited Mr. Papanicholas to address the residents concerns. Richard Rogers, Chairman Planning & Zoning Commission Meeting May 24, 2007 PZ-07-07 II Page 7 Mr. Papanicholas stated that he is a resident of Mount Prospect and has come before the Planning and Zoning Commission several times with other projects. He is proud of the quality of work that his company produces. Mr. Papanicholas stated that Ms. Chuboff will not have a view of any of the storage yards from her backyard because the buildings will block the view of the storage/parking areas. Mr. Donnelly stated that her backyard will face the Alamo building entrance and fencing for a secured parking area. Mr. Papanicholas said that the photos shown of Peterson Roofing did not reflect Mr. Peterson's equipment. Mr. Peterson stated that the bus, debris, dirt, and rock shown in the photos do not belong to him or his company. He stated moving to this new location is a significant investment and he wants to maintain a neat, orderly and safe business. He stated that the warehouse space is necessary for training and safety issues. Chairman Rogers stated that Peterson Roofing has an excellent reputation in the Village, but he is concerned that the photos of his current site do not reflect that. Mr. Peterson again stated that much of the debris shown in the photos did not belong to him or his business. Mr. Papanicholas stated that the building lay-out was configured to buffer as much of the secured storage area from the residential area as possible. Mr. Papanicholas stated that the vehicle shown in the picture of his current business location on Feehanville Drive is an antique fire truck that is used in parades. He stated that this vehicle is not moved and he has had no complaints from neighbors regarding the storage of that vehicle. Mr. Papanicholas said that the neighbors should not be concerned about construction noise because the tenants wiIJ not generate heavy truck traffic. Nick Papanicholas Jr., stated that Alamo excavating will not be storing their heavy equipment at this location; Alamo is opening the Mount Prospect location as their primary operations office. He also stated that he will work to ensure there is no vehicle noise prior to 7 a.m. Mr. Papanicholas stated they are trying to be very cognizant of the operations of their tenants and that they intend to be good neighbors to the residents. There was general discussion regarding the previous tenants and the proposed use of this development. Mr. Papanicholas stated that this development will be an upgrade to the previous tenants and thanked the Commission for their time and consideration. Mr. Donnelly asked that the secured storage be removed to provide general parking spaces since Alamo will not be storing equipment on this site. Mr. Papanicholas stated that the warehouse will provide indoor storage for materials and large vehicles need to be able to do 3-point turns to enter and exit the site. Ms. McCabe asked if there will be an association for this Planned Unit Development. Mr. Papanicholas said yes, there will be an association and all of the common areas will be maintained uniformly. He said it is very similar to a residential association. Chairman Rogers asked if Nepco is maintaining some ownership in the property. Mr. Papanicholas stated that they will own and maintain the retail building. Chairman Rogers asked that they remain sensitive to the tenants that are secured for the retail building. Mr. Papanicholas assured the Commission that the proper procedures will be followed in securing tenants. Mr. Donnelly asked if the Petitioner has considered a building design where the secured areas were incorporated into a fully enclosed building. Mr. Papanicholas stated the site was developed to meet the needs of the potential business owners; an all-enclosed building would not be cost effective for these tenants to run a successful business. Mr. Donnelly stated that these secured areas are primary employee parking and asked why the fencing is needed. Mr. Papanicholas said if the tenants do not require security fencing, the fences can be eliminated. Mr. Richard Rogers, Chairman Planning & Zoning Commission Meeting May 24, 2007 PZ-07 -07 II Page 8 Donnelly said he is concerned that the site will not have sufficient parking. Mr. Papanicholas stated that the parking is provided per Village Code. Ronald Roberts asked if the contractors will be bringing potential customers to the site. Mr. Papanicholas stated that these offices will generate potential clients for the contractors. Mr. Roberts stated that would be an additional incentive to maintain a neat and well-kept site. Mr. Youngquist pointed out that each building has customer parking at the entrance to their building. He stated the smaller, multiple buildings on this site will allow for some creative landscaping and vistas. He said he would like to see the fence height decreased to visually diminish the mass of the buildings. Mr. Papanicholas stated that they will be happy to work with Staff to reduce or eliminate the fences. Chairman Rogers asked what the plan for stormwater detention for the site. Mr. Papanicholas stated there will be underground storm water detention, and all the utilities will be underground. Marlys Haaland stated that it is reassuring each business has a good reputation. Also, reassuring is that Nepco has a good history and Mr. Papanicholas is a resident of Mount Prospect. Chairman Rogers swore in Nancy Beckmann of 603 East Ironwood Drive, Mount Prospect, Illinois. Ms. Beckmann asked if the mature trees along the property lines would be maintained. Mr. Papanicholas stated that any tree that needs to be removed will be transplanted on the property if possible. If there is a tree in the footprint of the building, it will need to be moved, but any tree that can be saved, will be saved. Chairman Rogers swore in Mary Jo Bode of 413 Eastman Drive, Mount Prospect, Illinois. Ms. Bode stated that she concurs with her neighbors. She asked if the structure is primarily office space. Chairman Rogers stated that it is listed as retail, but includes office space. Ms. Bode asked if the site is primarily office space why they need hours until 10 p.m. She said it seems there are many other areas of the Village that would be more suited to retail. She is concerned that retail traffic headlights will shine into her kitchen and bedroom windows. Ms. Chuboff stated that she wants to know how the neighbors will be assured the conditions of approval will be enforced. There was additional discussion regarding the fencing and trailers that will be stored on the site. Mr. Peterson clarified that the trailer that he uses for his equipment is 20 feet long, but is low to the ground; it would not be visible behind a fence. Ms. Chuboff stated that the Petitioner has worked with Staff, but has not worked with the neighbors to address their concerns. She is concerned that the conditions of approval will not be enforced; she does not understand what provisions will be taken to ensure that her comfort level and property value will be maintained. Chairman Rogers stated the conditions of approval are added so that when complaints are made, the Village can enforce those conditions. Ms. Chuboff asked if there are going to be construction trailers stored on the sites. Mr. Giannini stated that he does not house construction trailers, the trailer is a small tag-along pulled by a pick-up truck. Ms. Chuboff stated that her concern is the 8-foot fence is going to give the tenants a free-rein to store any kind of vehicle behind those fences, and the site will look like a compound. Chairman Rogers stated the Commission is asking the Petitioner to evaluate what type of secured parking/storage each building will need and either reduce or eliminate the fencing. He said some of the fencing will be required to protect the business' vehicles and equipment from theft or vandalism. Ms. Chuboff said that brings up another concern; that this development will attract vandals. Chairman Rogers stated that there will not be vandalism if the area is secure. Ms. Connolly stated that the Police Crime Prevention Unit does review this project as part of the zoning process. She said that Staff approved the fences because Village Code requires screening fence for outdoor storage. She said the Petitioner may have been under the impression that they were required to provide the 8-foot fence for the entire site, which may no longer be applicable based on the type of parking/storage each business will need. Richard Rogers, Chairman Planning & Zoning Commission Meeting May 24, 2007 PZ-07-07 II Page 9 Ms. Connolly stated that the approval of this project would generate an Ordinance, which is a law; the residents can be assured that the conditions of approval would apply to any tenant, present or future that would be occupying the space. A new tenant would be made aware of the conditions through the Business License process. Citations would be issued should the conditions be violated. Ms. Chuboff stated that demolition was scheduled to start at 8 a.m., but has been beginning prior to 6 a.m., and this does not reflect well on the Petitioner. She is concerned that nothing will be enforced. Chairman Rogers pointed out that now Ms. Chuboff knows the proper avenue to address these issues. Mr. Donnelly asked if the Petitioner does not install any fencing now, can the Petitioner apply for a fence and put up an 8-foot fence at anytime. Ms. Connolly stated that a regulation can be added as a condition of approval if the Commission does not want the Petitioner to be able to put up an 8-foot fence, Chairman Rogers closed the public hearing. Mr. Youngquist stated that the only area that has oversized parking is the Peterson Roofing building. This tenant has oversized stalls, the remainder of the parking on the site appears to be standard and would not require an 8- foot fence. Mr. Youngquist stated that the fence height is not for the Commission to decide, that it will need to be based on the tenant's needs and use of the space. Ronald Roberts concurred. Mr. Roberts said that the Commission should use caution with how many restrictions are placed on this development. The office park is intended to be an economic engine for the Village and the Commission should not restrict the small business owner. Mr. Donnelly said he is concerned that this is a gateway into the park and does not want it to become an industrial property; Mr. Youngquist clarified that the property is zoned 11 and technically could be operating 24 hours per day. There was general discussion regarding the uses of the Kensington Business Park. Mr. Floros stated that every major project like this that comes along generates concerns and objections. The idea of Kensington Business Park was no different, and now the residents embrace the area. He said this is all part of progress; there will be inconveniences, but the Village will benefit from development. He said he is sure the Village will do everything it can to enforce the rules and ensure the best interest for the residents. Mr. Roberts agreed with Mr. Floros. He stated that he would defer to Staff's recommendation to approve this request. He said the Petitioner came to Staff early in the project to see what could be done to clean up and improve the site. The project has been well thought out and the Petitioner has worked extensively with Staff. He said Kensington Business Center is a great place, but the face of KBC may change. It does not do the Village any good to have these large buildings standing vacant and this project is utilizing a large space that had been empty for years. Keith Youngquist made a motion to approve Case Number PZ-07-07, a Conditional Use for a Mixed Use, Planned Unit Development at 601 East Kensington Road with the following conditions: 1. Prior to Village Board review, the Petitioner shall: a. Revise the Landscape Plan to include at least 50% year-round plant materials along the perimeter of the Subject Property. b. Revise the west and north elevations of the retail building to include architectural and roofline interest, and distinguishing it as retail space. c. Prepare color renderings of the buildings. d. Evaluate widening Wheeling and Kensington Roads to ensure adequate volume capacity. Richard Rogers, Chairman Planning & Zoning Commission Meeting May 24, 2007 PZ-07 -07 II Page 10 2. The Petitioner shall prepare plans in general conformance with the site plan prepared by NEPCO, dated May 8, 2007. 3. The Petitioner shall repair the existing Kensington Business Center entry sign located at the southeast corner of Kensington and Wheeling Roads. 4. The hours of operation shall conform with the information submitted on the Petitioner's letter dated May 9, 2007 and normal hours shall not extend past 7:00 a.m. and 10:00 p.m. 5. Prior to submitting for a Building Permit, the Petitioner shall prepare plans that provide additional hydrants as required by Village Code. 6. The Petitioner shall provide the Fire Department access to the secured outdoor storage areas through the Knox rapid key entry system, which includes electric key switches ands/or padlocks. 7. The Petitioner shall prepare a plat of easement establishing a cross access agreement that ensures shared parking for the unsecured parking spaces and access to all driveways. 8. The Petitioner must provide cross access and shared parking easements that benefit each building owner. These easements must be illustrated on the PUD Plat and documented in the Association documents. 9. The site shall be developed in accordance with all Village Codes and regulations. 10. No material storage in yards; temporary material storage not to exceed 24 hours. 11. Reduce fence height as applicable, or eliminate fences if not needed. Ronald Roberts seconded the motion. UPON ROLL CALL: A YES: Floros, Haaland, McCabe, Roberts, Rogers, Juracek NAYS: Donnelly Motion was approved 6-1. Joseph Donnelly made a motion to adjourn at 9:48 p.m., seconded by Leo Floros. The motion was approved by a voice vote and the meeting was adjourned. H:\PLAN\Planning & Zoning COMM\P&Z 2007\Minutes\PZ..o7.07 (II) 601 E Kensington.doc Village of Mount Prospect Community Development Department CASE SUMMARY - PZ-07-07 LOCATION: PETITIONER: OWNER: PARCEL #: LOT SIZE: ZONING: LAND USE: REQUEST: 601 E. Kensington Road Nicholas E. Papanicholas; NEPCO, Inc. Nicholas E. Papanicholas; NEPCO, Inc. 03-35-200-019-0000 5.4 acres 11 Limited Industrial Vacant Office Building Conditional Use approval for a Mixed-Use Planned Unit Development LOCATION MAP MEMORANDUM Village of Mount Prospect Community Development Department TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION ARLENE JURACEK, CHAIRPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: MAY 17,2007 HEARING DATE: MAY 24, 2007 SUBJECT: PZ-07-07 - CONDITIONAL USE (MIXED-USE PUD) 601 E. KENSINGTON ROAD - NICHOLAS E. PAPANICHOLAS; NEPCO, INC. BACKGROUND The Planning & Zoning Commission reviewed the Petitioner's request at their April 26, 2007 meeting. The case was tabled at that meeting to allow the Petitioner time to revise the Traffic Study and address other concerns the Commissioners and residents presented at the April meeting. The Petitioner has since submitted revised plans and a new Traffic Study, which are reviewed in this Staff Report. SUMMARY OF PROPOSAL The Petitioner proposes to demolish the existing building and construct five (5) buildings on one lot of record. Planned Unit Development (PUD) approval is required to construct multiple buildings on one lot of record as the V iIIage Code allows one principal building per lot of record. The PUD process was created to allow for unified zoning control over the entire development, which would require formal Village approval if any modifications to the development are proposed in the future. The various elements of the Petitioner's proposal are outlined below: Site Plan The proposed site plan indicates two driveways would be added to the site, creating four access points to/from the proposed development. There will be a total offive (5) buildings constructed on the Subject Property and the site plan notes that specific users have been secured for four (4) of the buildings. The identified occupants are contractors and their proposed buildings include office space, warehouse areas, as well as outdoor storage areas. The plan calls for the outdoor storage areas to be secured and screened with an 8' wood fence as required by the Village's Zoning Ordinance. The remaining building includes a 15,980 sq. ft. multi-retail building. The earlier proposed restaurant has been eliminated from the project. The site plan indicates that some of the parking stalls along the north lot line measure less the minimum 16' depth, which is the minimum allowed depth when there is a 2' overhang. However, the drive aisles can be reduced to 24' so the stall length would comply with the Village's regulations. Dumpster Enclosures The Petitioner's plan includes a dumpster for each of the tenants and the dumpsters would be located inside a 6' wood enclosure. Access to the enclosure for the roofmg contractor appears to be difficult to negotiate as the site plan indicates there will be two dumpsters: one dumpster for trash and one dumpster for recycling. Staff recommends the Petitioner revisit the configuration and confirm access requirements with the waste hauler. PZ-07 -07 Planning & Zoning Commission Meeting May 24, 2007 Page 3 Parking Sec.l4.2224 of the Village Code lists parking regulations, which are based on the proposed use. For industrial properties, the Village Code requires office space to be calculated separately (4/1,000 sq. ft.) from warehouse (1/1,500 sq. ft.) when the two uses are located in the same building. The following table is a summary of the proposed parking conditions; the proposed parking is the amount of parking available in proximity to that building. However, Staff understands that all the parking spaces are available to all the tenants, with the exception of the parking areas secured behind gates. The secured parking fields are intended to accommodate employee parking and company vehicle/storage. In order to ensure code compliance, a cross parking agreement and easement noted on the plat would need to be adopted so parking remains available for all users in the development. BuUdin A-I Buildin A-2 Buildin B BuUdin D Buildin E Pro ed TenantIVse Electrical Contractor Contractor Retail Contractor - excavator Contractor - Roofin 177 s aces shown Also, since the site is over parked, Staff suggests the Petitioner eliminate some of the parking spaces in the secured areas for the excavator and the roofing contractor tenants to ensure optimal visibility when exiting/entering the area. Specifically, the southern most parking space along the west fence line for the excavator should be eliminated, and the spaces closest to the entrance/exit for the roofing contractor. The roofing contractor may need to.make further modifications to this are to allow access for the waste hauler. Building Elevations The Petitioner's elevations have not changed since the last submittal. The contractors' buildings are consistent with typical industrial buildings and will be stained precast concrete panels and include accent reveals. The Petitioner must provide color renderings detailing these buildings. The elevations for the retail building indicate the building will be all brick, and include soldier course that frames the windows and defines the signable area. The west and north elevations lack architectural design and roofline interest. These elevations must be modified to provide distinguishable retail space at this location. Landscape Plan The Petitioner submitted a landscape plan that indicates a significant amount of landscaping would be installed at the Subject Property. However, the proposed perimeter landscaping lacks year-round materials. Staff recommends revising the landscape plan to include at least 50% year-round materials along the perimeter of the Subject Property. Screening The individual outdoor storage areas will be screened with an 8' wood fence and the garbage dumpsters will be located inside the storage area. The dumpsters for the restaurant and retail buildings will be located in the rear of the buildings. All dumpsters will be screened with a 6' wood fence. Traffic Access to/from the site has been modified to address previous comments from the Village's Traffic Engineer. The western most drive along Kensington Road has been modified to allow right-inlright-out only access while PZ-07 -07 Planning & Zoning Commission Meeting May 24, 2007 Page 4 the eastern most drive will have full access. Access along Wheeling Road has been modified to allow right- in/right-out only access for the southern most drive and full access is permitted at the northern most drive. The Traffic Engineer reviewed the revised submittal. The following comments are not intended to deny the project, stop the project, or require another submittal prior to P&Z approval. However, the remaining items will be included with the permit review, and will be addressed at that time. The comments below are in reference to the Traffic Impact Study submitted by Gewalt Hamilton Associates, Inc. dated May 4, 2007 and the site plans dated May 8, 2007: I. According to the Village Code, the retail building (Building B) is to provide a minimum of 64 parking spaces. Based on the current design, there are a total of 60 parking spaces directly in front of and on the side of the building. The adjacent industrial buildings (Buildings A-2 & E) have a surplus of parking spaces that can offset the deficiency at Building B. All other buildings besides Building B meet the minimum parking requirement. 2. With the elimination of the restaurant, the anticipated vehicle trips into and out of the site are reduced. Based on the minimal left turns anticipated from the southern driveway onto Wheeling Road. and the minimal right turns onto Wheeling Road that exist from the driveway immediately south, Engineering has no objection to allowing the southern driveway to h~ve full access. 3. Engineering will review this development's potential impact on the existing channelization along northbound Wheeling Road approaching Kensington Road during the final design phase. This may necessitate redesigning the pavement markings along Wheeling Road. 4. Engineering supports the right-in/right-out design at the western driveway and has no objection to a full access design at the eastern driveway along Kensington Road. As the road is under the jurisdiction of the Illinois Department of Transportation, approval must be obtained from lOOT for any work within the Kensington Road right-of-way. Signage The Petitioner submitted a sign package that includes a freestanding sign along Kensington Road. The proposed signs appears to be located closer than the required 5-foot setback and may need to be reduced in size in order to be located in this area and comply with the 5' setback. In addition, wall signs would be provided for the retail tenants and each contraCtor tenant would have an individual freestanding sign. Sec. 7 .305 .A.I.a allows freestanding identification signs in lieu of wall signs and limits the size to 10 square feet. The proposed individual contractors' signs measure 6 square feet and 4-feet from grade, which complies with the Village's Sign Code requirements. However, it is not clear where these signs would be located. Prior to submitting for sign permits, the Petitioner will have to prepare a site plan indicating the location of the proposed signs to document compliance with the Village's Sign Code regulations. The existing Kensington Business Center entry sign, located in the right-of-way at the northeast comer of Kensington and Wheeling Roads, will remain, but the sign needs repairs. Sec. 14.501.A of the Village Code addresses PUDs and how the development should provide an amenity of sorts. Due to the nature and size of the proposed PUD, the Petitioner is limited in options to comply with Sec. 14.501. However, repairing the KBC entry sign is an alternative that meets the intent of the Village Code. GENERAL ZONING COMPLIANCE PZ-07 -07 Planning & Zoning Commission Meeting May 24, 2007 Page 5 The proposed development is zoned II Limited Industrial. The following table summarizes the proposed and required bulk regulations. . The table shows that the proposed development will comply with the Village's zoning bulk regulations. 11 Limited Industrial Minimum Requirements Proposed BuUdinl Setbacks SETBACKS: Front 30' 65' Comer 30' 62' Interior 15' 44' Rear 20' 71 ' LOT COVERAGE 75% Maximum 73.4% CONDITIONAL USE STANDARDS The standards for Conditional Uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. The following list is a summary of these findings: · The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; · The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; · There is adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets; and · The request is in compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. The Petitioner has addressed previous traffic related concerns and the proposed uses are consistent with the Comprehensive Plan. The site would comply with the Zoning Ordinance regulations subject to modifications to the Landscape Plan and submitting a code compliant site lighting plan. Consequently, the proposal complies with the standards for a Conditional Use as listed in the Zoning Ordinance. RECOMMENDATION The proposed mixed use industrial PUD proposal meets the Conditional Use standards contained in Section 14.203.F.8 of the Zoning Ordinance, subject to the Petitioner revising the exhibits as noted in the staff report. Staff recommends that the Planning & Zoning Commission aDDrove the following motion: "To approve a Conditional Use pennit for a mixed used Planned Unit Development at 601 E. Kensington Road, Case No. PZ-07-07 subject to the following: I. Prior to Village Board review, the Petitioner shall: a. Revise the Landscape Plan to include at least 50% year-round plant materials along the perimeter of the Subject Property. PZ-07 -07 Planning & Zoning Commission Meeting May 24, 2007 Page 6 b. Revise the west and north elevations of the retail building to include architectural and roofline interest, and distinguishing it as retail space. c. Prepare color renderings of the buildings. 2. The Petitioner shall prepare plans in general conformance with the site plan prepared by NEPCO, dated May 8, 2007. 3. The Petitioner shall repair the existing Kensington Business Center entry sign located at the southeast comer of Kensington and Wheeling Roads. 4. The hours of operation shall conform with the information submitted on the Petitioner's letter dated May 9, 2007 and normal hours shall not extend past 7:00am and 10:OOpm. 5. Prior to submitting for a Building Permit, the Petitioner shall prepare plans that provide additional hydrants as required by Village Code. 6. The Petitioner shall provide the Fire Department access to the secured outdoor storage areas through the Knox rapid key entry system, which includes electric key switches ands/or padlocks. 7. The Petitioner shall prepare a plat of easement establishing a cross access agreement that ensures shared parking for the unsecured parking spaces and access to all driveways. 8. The Petitioner must provide cross access and shared parking easements that benefit each building owner. These easements must be illustrated on the PUD Plat and documented in the Association documents. 9. The site shall be developed in accordance with all Village Codes and regulations." The Village Board's decision is final for this case. I concur: _ NE'CO.INC. CONSTRUCTION MANAGEMENT · CONSULTING/DESIGN PROPERlY MANAGEMENT June 6, 2007 Mr. Bill Cooney Director of Development Village of Mount Prospect 50 South Emerson Street Mount Prospect, Illinois 60056 RE: PZ-07-07/Conditional Use 601 Kensington Road Dear Mr. Cooney: Nepco, Inc. would like to take this opportunity to first thank you and your staff for the valuable input on the review of our future unit development proposal for 601 Kensington Road. We are in receipt of your May 25, 2007 letter stating that the Planning and Zoning Commission approved our request to construct the mixed use PUD, subject to acceptable of the condition present in the staff's report and two (2) additional mentioned conditions. Our response to each of the staff comments are addressed in the same order as presented in the Village's May 17, 2007 recommendation memorandum and we conclude with the response to the two (2) additional conditions requested at the May 24, 2007 commission meeting. 1. a. Landscape plan has been revised to reflect at least 50% of the property perimeter plantings to be year around plant materials b. Both the west and north elevations for the proposed retail structure were addressed to comply with the request to create an elevation that reflects a retail use. We have modified the roof line through the use of an added metal cornice and a variety of changing roof coping elevations. Incorporating the soldier course bands allows relief to the massive masonry wall on the northem elevation.Continqing the masonry.b~nd along the western ~levation will defend the controlled signage presentation. Awnings have been incorporated to offer relief to the use of the storefront element. c. Color renderings of all the elevations for each building have been prepared and are included in our resubmission documents. 2. Nepco, Inc. will comply with all Village of Mt. Prospect Building Code and Ordinances based upon the presented site plan dated May 8,2007 and the comments stated in the staff's report. 3. The existing Kensington Business Center entry sign will be discussed with Village authorities and reasonable repairs will be addressed. 4. The 601 Kensington Development will have an association that will establish and enforce the guidelines for the property. The stated normal business hours (7:00 am -10:00 pm) will be clearly stated with the association guidelines. 5. Throughout development of the building permit documents, Nepco will conduct various meetings with code officials to ensure compliance with the Village's requirements which would include the Fire Prevention Bureau. Additional fire hydrant locations will be discussed and recommendation incorporated in the plans and specifications. 6. All property users will conform with this request and an acceptable location will be provided to the satisfaction of the fire department. 7. Nepco will agree to prepare and provide a plat of easement for cross access agreement based upon a final as-built survey of the total development. This will be properly executed by all parties and filed with the Village of Mt. Prospect Building Department. This cross access agreement will ensure shared parking in unsecured spaces and access to $U drive.ways. 8. The 601 Kensington Development will comply with this request and will be required on the final PUD plat and be made part of the association's documents. 9. We will comply with all Village codes and regulations. May 24,2007 comments. 1. Outdoor storage will be limited to short term storage; not exceeding 24 hours will be strictly enforced by the development's association guidelines. We will comply with the request and ensure its compliance. 2. Fence heights may be reduced when applicable for tenants use. We further agree that subject to compliance to the Village code, fencing may be eliminated. If not needed and the subject use complies with the screening ordinance. The enclosed submittal reflects the agreeable items that may be identified on the site, elevation and floor plans. The May 17, 2007 memorandum address' a summary of proposals and as the petitioner, Nepeo totally supports and agrees to comply with those comments. We trust that the outlined response to your May 17, 2007 and May 25, 2007 letters as well as the enclosed drawings will meet your acceptance and allow Nepco to proceed with development of 601 Ke'nsington Road. P;e~se do not hesitate to contact OUiofflce should you have any comments and/or questions. Sincerely, i~~C: ~tU:#V N.E. p:banic~~~s Vice President - "IPCO.IIIC. May 9, 2007 CONSTRUCTION NIWAGEMENT · CONSUlTINGlDESlGN PAOPERlV MANAGEMENT Ms. Judith Connolly Village of Mt Prospect 50 South Emerson Street Mt. Prospect, Illinois 60056 Re: PZ.07.07.601 East Kensington Road Dear Ms. Connolly: Nepco, Inc. is pleased to submit our revised proposal for the planned unit development at 601 East Kensington Road. Our response will address all items in the same order as outlined in your April 27, 2007 letter. Item #1 The original traffic report has been revisited and information updated to reflect several access modifications and building use changes. Item #2 The request for a drive-thru restaurant has been eliminated and Building C has shifted to the south forming a single Building B that is a symmetrical retail structure. Item #3 The site plan has been modified to conform to the Village of Mt. Prospect's engineering recommendation. Item #4 The normal business hours will be no earlier than 7:00am and no later than 10:00pm. With regards to the comment of storage yards the area behind the building will be used for occasional deliveries and used mainly for employee parking. Item #5 Upon examination of the site you will note that the proposed stand-alone restaurant facility has been removed and the floor space incorporated into Building B. Currently we do not have executed leases for the retail areas. Item #6 Preliminary conceptual signage drawings have been prepared to illustrate a proposed scheme. It would be our full intension to conform to the Village of Mt. Prospect's sign ordinance at the building permit application phase. Also encfosed, please find several photos that have been taken of Kensington Road and Wheeling Road for your reference. . We trust that this brief written response to your April 27, 2007 letter and the revised drawings will be looked upon favorable to allow Nepco, Inc. to proceed to the next stage of the planned unit development approval process. Please feel free to contact our office for any additional information and/or clarification. Sincerely, 1(' ~n ,.. .. - N.. ~ ~ President GEWALT HAMILTON ASSOCIATES. INC. May 4, 2007 Mr. Joseph J. Rubel, Jr. NEPCO, Inc. 1001 Feehanville Drive Mount Prospect, TIlinois 60056 Consulting Engineers and Surveyors Civil, Municipal, & Traffic 850 Forest Edge Drive Vernon Hills. Illinois 60061 tel 847 4789700 fax 847 4789701 Re: 601 E. Kensington Road Village C01l1lIlents - Traffic Mount Prospect, IT.. Dear Mr. Rubel, Jr., Per your request, GHA has revised our Traffic Impact Study of the proposed Industrial I Commercial development in accordance with the revised site plan prepared by NEPCO, Inc.. Our revisions are in accordance with the comments received from your office contained in the April 27, 2007 letter from Ms Judith Connolly of the Village to Nicholas Papanicholas, Jr. Our responses to the Village's comments are as follows: 1. Comment: One page 3 under the Development Access Discussion section, it is stated that one of the driveways to Kensington Road may be allowed by mOT as a right-inlright-out and left-in; the site plan indicates it to be the western driveway. However, Engineering has a concern with allowing left turns in as this driveway is situated in the middle. of the taper along westb01md Kensington Road for left turns at Wheeling Road. Engineering continues to recommend this driveway this driveway allow right-in and right-out only because the proposed configuration could potentially create a pattern of rear end accidents. Response: The site plan and Traffic Impact Study (TIS) have been revised to reflect full access to Kensington only at the eastern drive and the western drive limited to right-in I right-out (RIRO) operations as requested. 2. Comment: Also on page 3 under the Development Access Discussion section, it is stated that Staff has recommended that the existing northern driveway on Wheeling Road be converted to right-inlright-out. Engineering has no objection to full access at this driveway. Rather, Engineering has expressed concern with allowing full access at the southern driveway because of its close proximity to the driveway immediately south at 699 Wheeling Road. A significant amount of left turns from the proposed driveway, coupled with a significant amount of right turns from the driveway imm~diately south, would create a conflict point and could result in a pattern of accidents. Engineering previously requested that the traffic patterns at the proposed driveway be analyzed against the existing patterns at the driveway to the south to determine what, if any, access restrictions should be recommended at the proposed driveway. This analysis was not provided. Engineering recommends right-inlright-out and left-in only at the southern driveway. Response: The site plan and Traffic Impact Study (TIS) have been revised to reflect full access to Wheeling at the northern (existing) drive and the southern drive limited to right-in I right-out and left-in (RIROLI) operations as requested. For reference the traffic counts at the access drive south of the property line have been included in the Appendix of our revised TIS. As can be seen, the volume of turning vehicles at that location are minimal. 3. Comment: Correct the traffic assignment maps and the intersection capacity analyses so it reflects the revised access design of the two driveways along Wheeling Road. Response: Find following a revised TIS as requested and discussed previously. 4. Comment: On page 5 under the Parking section, it is stated that a separate parking calculation will be required should a restaurant use be desired in a retail building. If it is being considered that a restaurant may go in Building B, the traffic study should be revised to include this use in the calculations now. Response: The revised TIS includes updated calculations for trip generations and parking requirements based on the revised Site Plan. No restaurant uses are proposed on the revised site plan. Mr. Joseph J. Rubel, Jr. May 3, 2007 5. Comment: One page 5 under the Drive Thru Operations section, it is stated that the current plan provides for 5 vehicles to queue in the drive thru lane before impacting parking and circulation. Village Code requires 8 stacking spaces for drive thru restaurants. Prepare an exhibit that demonstrates 8 stacking spaces will be provided. , Response: A drive through restaurant use is no longer proposed for the development. All drive through discussion has been removed from the TIS. 6. Comment: Revise Exhibit 5: Project Traffic Characteristics to address and or answer the following: a. The number of trips during the morning peak hour for the retail building appears to be low and does not match the number of new trips. b. The number of new trips during the morning peak hour for the restaurant appears to be low. How was this determined? c. The number of trips during the evening peak hour for the restaurant appears to be low. According to ITE Land Use Code 934, Staffhas estimated 210 trips for the evening peak hour. Response(s): a. Trip generations have been revised to reflect the new site plan. Note that the New Trip column of Exhibit 5 in the previous TIS was for informational purposes only and that all driveway trips were assigned to the roadway and access network. b. As noted above, "New" trips were not used for the analyses of the traffic impacts. Reference to new trips in Exhibit 5 have been removed. c. Typically Trips are generated using the ITE publication as noted for the Peak Hour of Adjacent Street Traffic (in this case) One Hour Between 4 and 6 p.m. Per the 7th Edition of the ITE Manual Trip Generation the average trip rate for a restaurant with drive through is 34.64 trips per 1,000 Sq. Feet of Gross Floor Area. 4.5*34.64 = 155.88 (GHA used 155). Staff calculated based on P.M. Peak Hour of Generator which mayor may not occur concurrently with the observed Adjacent Street Peak Hour. Using the ITE data for Peak Hour of Generator to determine trips, in lieu of the Adjacent Street data, results in the 210 trips calculated by Staff. Regardless, LUC 934 is no longer planned on the site plan. In summary, we feel that the revised site plan and TIS address all of the concerns regarding trip generations and access operations as well as concerns regarding the previously proposed Drive through restaurant. If you should have any questions please do not hesitate to contact Dan Brinkman of our Gurnee office at 847-855- 1100 xl06 or myself at 847-478-9700. Sincerely, GEW AL T HAMILTON AsSOCIATES, INc. '3~~ Bonnie Flock Senior Engineer cc: Dan Brinkman GHA 3884.900 Response Letter to Joe Rubel, Jr..doc Gewalt Hamilton Associates, Inc. - Page 2 GEWALT HAMILTON ASSOCIATES. INC. TRAFFIC IMPACT STUDY To: Mr. Joseph Rubel, Jr. NEPCO, Inc. Consulting Engineers and Surveyors Civil, Municipal, & Traffic 850 Forest Edge Drive Vernon Hills, Illinois 60061 tel 847 4789700 fax 847 4789701 From: Bonnie Flock Dan Brinkman Date: April 12, 2007 (Revised May 4, 2007) Subject: Proposed Industrial I Commercial Development 601 E. Kensington Road Mount Prospect, Illinois SECTION 1. PROJECT CONTEXT AND SUMMARY STATEMENT Per your request, Gewalt Hamilton Associates, Inc. (GHA) has studied the traffic impacts of the above referenced project. The approximately 5.5-acre subject site is located at the southeast comer of the Wheeling Road I E. Kensington Road intersection in Mount Prospect, Illinois (See Exhibit 1). Per the Site Plan prepared by NEPCO, Inc. (NEPCO) (See Appendix 1), the proposed development will consist of a combination of industrial and traditional commercial uses. At completion the site is expected to be comprised of over 41,000 square feet of industrial space and approximately 15,950 square feet of retail space. Our study findings are discussed below and various recommendations are offered for your consideration. Exhibits referenced in the text are centrally located in the Technical Addendum. Briefly summarizing, we believe that the adjacent roadways and intersections can accommodate the additional traffic generated by the development through the implementation of the recommended Traffic Operations Plan. SECTION 2. BACKGROUND INFORMATION Roadway Inventory E. Kensington Road is an east-west roadway under the jurisdiction of the Illinois Department of Transportation (lOOT), but is not classified as a Strategic Regional Arterial (SRA) route. As such, more flexible access and signal warrant criteria may be considered. West of Wheeling, Kensington provides two travel lanes in each direction and a full-width center median. Separate left turn lanes are provided at its signalized intersection with Wheeling Road. East of Wheeling Road, near the eastern property line, Kensington narrows to provide a single lane in each direction separated by only a painted "double _ yellow" median. The posted speed limit along Kensington adjacent to the site is 35-mph. 1981 ~ Celebrating 25 years ~ 2006 NEPCO, Inc Proposed Commercial Development. 601 E. Kensington Road Mount Prospect, Illinois Wheeling Road is a local (Mt. Prospect) north south roadway under the jurisdiction of the Village of Mount Prospect. Wheeling provides a single travel lane in each direction. Separate left turn lanes are provided at its signalized intersection with Kensington Road and a full width median is provided along the site frontage. The posted speed liniit on Wheeling Road is 30-mph. Exhibit 2 provides a photo inventory of operations at the Wheeling Road / E. Kensington Road intersection. Appendix II provides an April 2005 aerial photo of the subject site and surrounding area at the time. Existing Traffic Conditions On Thursday April 05, 2007 GHA conducted manual traffic counts at the Wheeling / E Kensington intersection. Existing Traffic count data is included as Appendix II/. Exhibit 3 illustrates the observed Peak Hour volumes, which occurred from 7:30 to 8:30 AM and from 4:45 to 5:45 PM. Minimal traffic volumes were observed at the existing site drives, but it was indicated to GHA that all current traffic is a function of ongoing demolition on the site. 24-Hour traffic volumes from the mOT web site indicate that in 2006, E. Kensington Road carried approximately 7,400 vehicles per day. This data is also provided on Exhibit 3. No unusual occurrences (e.g. inclement weather, emergency vehicle activity or road construction) were observed during the counts that would affect the volumes and/or travel patterns. Out technicians indicated that the signal timing provides more green time to northbound Wheeling than southbound Wheeling resulting in some longer than desired delays for southbound traffic as well as northbound left turns at the Wheeling / E. Kensington intersection. Baseline Traffic To account for non-project and regional traffic growth the Existing through traffic volumes were increased by 2% per year for a period of 6 years (assumes 1 year to build out project and 5 years of additional traffic growth). These 2013 Baseline volumes are presented in Exhibit 4. SECTION 3. SITE TRAFFIC CHARACTERISTICS Trip Generations As previously noted, the proposed development will consist of a mix of industrial and commercial uses. Morning and Evening Peak Hour Traffic volumes for the proposed uses are tabulated in Exhibit 5 Part A and were generated based on rate information published in the 7th Edition of the Institute of Transportation Engineers (ITE) manual Trip Generation. Gewalt Hamilton Associates, Inc.-Page 2 NEPCO, Inc Proposed Commercial Development. 60 J E. Kensington Road Mount Prospect, Illinois Also provided for comparison is an estimate of the previous traffic volumes generated by the currently vacant building on the site. It is our understanding that the existing building is approximately 87,000 square feet and previously contained offices and lab space. Note that the proposed development is expected to generate generally less traffic during the peak hours than the prevIous use. Development Access Discussion Two full movement driveways currently serve the site. These existing access points are located 420 feet east of Wheeling Road on Kensington and 325 feet south of Kensington on Wheeling Road. The NEPCO plan proposes two additional drives: one driveway located approximately 260 feet east of Wheeling which will be restricted to right-turn in and out only and the other driveway approximately 600 feet south of Kensington which will allow for right-turn in, right-turn out, and left-turn in. Although it is our understanding that representatives of NEPCO have met with the IDOT Permit Section and have received a verbal indication that the access to Kensington may be allowed as a %-access (i.e. allowing right turns in and out and left turns in only), the Village of Mount Prospect staff have indicated that they prefer that the new access on Kensington be a right-in / right-out access, which is assumed in this analysis. Trip Distribution The existing traffic counts helped provide the regional distribution for site traffic. As can be seen from the existing count data, the general travel trend in this area is south and east in the morning and north and west in the evening. Trip distribution for the development is based primarily on 1) the observed travel patterns, 2) the proposed access locations and operations and 3) location of complimentary and competing retail/shopping opportunities and employment opportunities. The anticipated trip distribution is provided in Exhibit 5 part B. As can be seen, traffic volumes are fairly balanced overall, with slightly more traffic being expected to travel to and from the south and west of the site during the peak hours. Traffic Assignments Development traffic was assigned to the adjacent roadways via the proposed access system based on the project traffic characteristics (See Exhibit 5) and is presented in Exhibit 6. Those volumes were then combined with the Existing Traffic volumes (See Exhibit 3) to yield the Total Traffic assignment, which is presented in Exhibit 7 and with the Baseline Traffic Volumes (See Exhibit 4) resulting in the 2013 Future Traffic volumes presented in Exhibit 8. Gewalt Hamilton Associates, Inc.-Page 3 NEPCO, Inc Proposed Commercial Development. 601 E. Kensington Road Mount Prospect, Illinois SECTION 4. EVALUATION Intersection Capacity Analyses Capacity analyses were performed at the key Wheeling / E. Kensington intersection as well as both full access locations. The analysis parameters are listed in Exhibit 9 as published in the 2000 edition of the Hiflhwav CaDacitv Manual (HeM). At signalized intersections, Level of Service (LOS) reports operations using the letter designations "A" (best) through "F" (worst) and measures the average control delay per vehicle in seconds. Usually, LOS C is referred to as providing "design" operations and LOS D is the lower threshold of "acceptable" operations. LOS E and F are usually considered as being "unacceptable" . At unsignalized intersections, the HCM methodology reports the results differently for Two-Way Stop Controlled (TWSC) or All-Way Stop Controlled (A WSC) intersections. For TWSC intersections, LOS is reported for conflicting movements on the major street (Le. left turns onto the minor approach) and for each movement on the stopped approach. Approach. "control delay" is also reported in seconds per vehicle. Results of A WSC analyses are slightly different. LOS is reported for each stopped approach as well as an average overall intersection "control delay" in seconds per vehicle. LOS C and D continue to be considered "design" and "acceptable" operations respectively. Point of Discussion. IDOT uses a more strict interpretation of the Highway Capacity Manual. Along SRA routes, LOS C should be maintained on the through movements of the SRA route and LOS D on all other movements. On non-SRA routes, LOS C should be strived for on all intersection movements. Capacity analysis results are provided in Exhibit 10. Base conditions were tested, and are generally able to provide acceptable (LOS D) operations for all movements at the Total and Future Traffic assignments. With the exception of southbound through and right turns during 2013 conditions. However, despite these minimal shortfalls, all overall intersection operations will remain at LOS C or better operations at the key Wheeling / E. Kensington intersection. The results of the analyses at the two full movement access drives indicate that the driveways will operate at an acceptable LOS C or better. Summary printouts of the Capacity Analyses are provided in Appendix IV. Gewalt Hamilton Associates, Inc.-Page 4 NEPCO, Illc Proposed CO!1tmerciql Development. 60J.E. Kel1SillgtollRoad MQltIll Prospect, 11li,IO;S SECTION S. SITE PLAN COMMENTS Parking The Village of Mount Prospec~ ZQning()rdhlance requires different parkin~ratios for variOu.$types of development. At this time,anumberoftinalusers forthe conunerciall retailbuildingsareuriknown, so we have calculated the parking requirements similarly to the traffic voluntes, resulting in the following breakdown: Use Ind.u~ttiall WiU'ehOlls~ Retail Size 41,802sq.tt lS,9$Oaq.ft.. Requirement 1 SpaceJ 1,SQ.Qsq. it 4 spaces I 1,000 sq.!\. TOTAL:::: Total. Required Z.7.$ (2$) 63..8(M) 92 Our calculations indicate that 92 spaces are required. ThecmrenlNEPCO plan illustrates 177 spaces. The parking requirement. for the development is met and exceeded Village Code. SECTION 6. rtECOMMENDATIONS & CONCLUSIONS Traffic Operations Plan Exhibit JOillustrates the recommended Traffic Operations Platt Key components of the plan. include: . Provide separate left turnJanes at the full access locationonE. Kensington. . Limit the proposed southerly driveway from Wheeling Road.toright..in I right-out and lefl...in. i". . Extend the striping on Wheeling Road to provide a southbound left tum lane at the proposed three- quarter access location. . All exiting traffic Should be under Stop Sign control. Conclusions In closing, the anticipated traffic generated by the proposed development can be acco1l1Ittodated by the planned impro"emc;nts. All int"Illaldevelopment roadways and parking p.tovlsi<lnsshouldIl1eet the Village Qf Mot1lltProspect Stand~ds. An off..site roadway improvementsw111 have to meet Village au(il or mOT standards. SECTION 7. TECHNICAL ADDENIJUM The following Exhibits were previously referenced and provide technical support for our observations, findings, and recommendations discussed in the text. Exhibit 1. Site Location Map Gewalt Hamilton Associates. Inc.-Pave 5 NEPCO, ll1c Proposed Commercial Developmellt. 601 E. J(eil.r,)tglf)ltRoad MOllllt Prospect. IllillOis 2. Photo ]lnJ(!IJtory 3. ExiStillgXrajJJp 4. B(J$eli"l1e 2()J)rraJJic 5. Project TraJjiCC!Jaracteristics 6, Devt~l(Jp~'~'t.TraJftc 7. 1'(~ta11J:ajJic robJ.mes 8. FutJtre 20t3 TrafJ1c 9. Inttmsectic.m Cqpacity Analyses lQ.T1'qjJic Operations Plan Appendices I. NEPCOSite Plan (r.duced) If. Site COlflext Ael"iolP/Joto -Aprill(J05 III. Tt;o.ffic COlmt Data IV. HCSso!rwate Printouts Please contact me at 847/818-5314 if you would like a copy of the Appendices. Thanks - Judy ~.o;. Gewalt Hamilton Associates, Inc. -Page 6 z ,I qJUdIth An.,. Dr i' '~ '~~ i .~~ .. Q z :z: I I "'" g - .~ ~ ~. i I: % .t;;. 15 :2 . E Aler III E Cedar tn % li1' I Q. ~ ~ ..h,i.....".""~h."..~. .""'~""'._ . ~.... f a.berry Ln m ~ 5 .. -a [t ,:. ..' E JUniper U'l .S? . 1ft ~. E \.1~cten tn 2: - a :;1 :IE -[ ,:!Z.. ~ .Bu$tl1C$S Centi!r Dr \ c. ;0<< .~e '9,.6- f~&"'" 02007 Mapa..st, Inc. 02007' ~VTEQ Proposed Industrial I Commercial Development - 601 East Kensington Road; Mount Prospect, IL GEWALT HAMILTON ASSOCIATES, INC. z EDogwood III tn it Q' i E Etderbeny tn,~ S ;;,: E 'G~n\'IOOd Dr ~ . =--. r.- eD l.Y'~_ _ N 8oxwo<td orE ""ackbeny Ln .\....,.,Q ElrOnWO<<l Dr \ E Garwood Ave ......, 2: 2'~.. :~ -..... 'J! II; EtiOOylWe :i .~~. 10 Sit' E Mlgltllnc:l Ave '"' I '~ ;::I o ..~ ~,f" 1. v,"""" Ja.y Ct :11' 1ft .... .3 III ::'J , E HItI StQ Exhibit 1 Location Map I Q iJ :1 >;; I < :)~ f )-l<' --f.' ~ ~ I N.5 II dlA. I I f f 11 ,I z ~~ ~ffi :t~ !38 <~ ~ . .~ . ..... '-,' .... .. _."-i- Iii L15.; .J ~ L. r :>>.L.,;:t. ";;~~ ., t r+- ".\ 220. Iii i' 11ft. iL. ~.;t. ~. L. t~ - t~ ft: ;I I GEWALTHAMILTON ASS 0 C I ATE S, INC. 7,400 "" t;. Site N ~ Not To Scal. 4- 280 KenIkIglon Road t - '! \;.> ~;;~ 870 --+ ., ~ :':1-. .. :i" I I I I I I . I I I I I I I Lepenct xx - AW Peak Hour 7:30-8:30am :,: --PW Peak Hour 4:45-5:45pm - Less than 5 Vehicles XXX <---".-- 24- hour volume Exhibit 3 Existing Traffic Scuce: GHA AprIl 2007, IDOT 2008 .. ~. '.. . J $IB L 20:: .- 180 > .J.L. r86 :-) )..a:.:::!. ., t r+ ,1266. ~B~ :I .--.--.- I 0"1- ~"I .L. ~:,~ ~':; , L- r.-': t~ 1-.; GEWALTHAMILTON ASSO C I ATE 5, INC. N ~ Not To Soale 8,670 -< 1;,' .- 28&, .- .,r+ .; I I I I I I I I I I I I I KMUIgton Road il 480-+ ;.}-. I I Site ........ xx -AM Peak Hour 7:30-8:30am "':'1 --PM Peak Hour 4:45-5:45pm --- Less than 5 Vehicles XXX ..--(>- ----24-hour volume Exhibit 4 Year 2013 Baseline Traffic IncUtel n per year growth Exhibit 5 Project Traffic Characteristics Industrial I Commercial Site 801 E. Kenslgnton Road; fit. Prospect, illinois Evening Peak Hour Part A. Trip Generations Morning Peak Hour lYE Land (1) Development Component Use Code In Out Sum In Out Sum 1. Previous Use (2) - 87,000 sq. ft. 2. Proposed Development Light Industrial - 41,802 sq.ft Retail -15,950 sq.ft #760 105 125 100 120 20 20 # 110 35 5 35 40 40 5 #814 15 55 -10 25 35 60 10 5 Proposed Subtotal = 45 10 3. Comparison -60 -10 30 70 100 + 10 ..30 -20 Part B. Trip Distribution Route Wheeling Road Kensington Road Direction (To /From) North of Kensington South of Site East of Site West of Wheeling Road Percent Use 19% 28% 25% 28% Total = 100% Notes: 1} Source: Institute of Transportation Engineers (lTE), Trip Generation Manual; 7th Edition 2} Previous use was Lab / Office Space- Trips based on published data not actual observations GEWALT HAMILTON ASSOCIATES, INC. 1l. ~: ~~ .,t 1ft 1 \. . ~ 10 L 6 + L. tIS --- 1l. L- -'1~~' r I ---- J lr I GEWALTHAMILTON A 5 5 0 C I ATE 5. INC. '--. .' Site Road . -..... -6""") tlO .,r+ -' I I I I I I I I I I I I I 1 1 Leaend: xx -.AM Peak Hour 7:30-8:30am - PM Peak Hour 4:45-5:45pm --Less than 5 Vehicles N i Not To Scal. Exhibit 8 Site Traffic I .. '~ -. Ila L 16 -' 4- 140 ..J ~ L. t 75 ,,' 80J t ',240--. ~ ~ 22& t iil '. I~ L&, ~ L. .6 --- t~ 110 110 L ~ L. - 4- 280 I Site KenIIngton Road +- 280 '. .10 N ~ Not To Scale Leaepd: XX -AM Peak Hour 7:30-8:30am -PM Peak Hour 4:45-5:45pm --Less than 5 Vehicles ---- J ![--.--.- I -- GEWALTHAMILTON A 5 5 0 C I ATE 5, INC. exhibit 7 Total' Traffic ExIatIng . SIte Traffic "- $Ia Lao .J ~ L. r:o aeJ t 27e...... ~ , 280t ~al " 48e...... r+ "10 t ~ I ~~ LIS + L. tIS- --- t, lID W 10 IDIO ~ L. L. ---- J t r+ ~: -.--.- f GEWALTHAMILTON ASSO C I ATE S. INC. ~2H Site KeneIngton Road ~286 tlO' _ 480-+ 1St . I ...... XX ---AM Peak Hour 7:30-8:30am , --PM Peak Hour 4:45-5:45pm -Less than 5 Vehicles Exhibit 8 Year 2013 Future - Traffic 2018 8M.1Ine + SIte Trafftc N ~ Not To Scale I I Exhibit 9 Intersection Capacity Analyses NEPCO . Mixed Use Development - SEC Wheeling 0 E. Kensington. Mt. Prospect, illinois Part A. Parameters - Type of Traffic Control (Source: 2000 Highway Capeclty Manual) I. Traffic Signals II. Stop Sign LOS Delay lsee I veh) DescriDtion JJ2! DelaY lsee I veh) A s 10 All slgnel phases clear waiting vehicles without delay A S 10 B >10 and S 20 Minimal delay experienced on select signal phases B >10 and S 15 C >20 and S 35 Some delay experienced on several phases; often used as design criteria C >15 and S 25 D >35 and S 55 Usually considered as the acceptable delay standard 0 >25 and S 35 E >55 and S 80 Very long delays experienced during the peak hours E >35 and S 50 F >80 Unacceptable delays experienced throughout the peak hours F >50 p art B. Results LOS Per Movement By Approach Roadway .. Intersection I -. Non Crftlcal or not Allowed IIo-m Approach Conditions Eastbound Westbound Northbound Southbound Delay LT TH RT LT TH RT LT TH RT LT TH RT (see I vehl LOS 1. Wheellna tilE. Kensinaton SIGNALIZED InterMcIIon Delay A. Weekday Morning Peak Hour Existing Traffic (See Exhibit 3) . Current B C < B B .; C D <: C 0 <: 30.2 C Year 2013 Baseline (See Exhibit 4) · Current B C < B B <: C D <: C E < 33.5 C Total (See Exhibit 7) . Current B C c:; B B <: C 0 < C 0 < 30.4 C Year 2013 Future (See Exhibit 8) . Current B C <: B B <: C D < C E < 34.1 C B. Weekday Evening Peak Hour Existing Traffic (See Exhibit 3 ) . Current C C <: C C < C C < C C < 29.8 C Year 2013 Baseline (See Exhibit 4) . Current C C <: C C <: C 0 < C 0 < 32.4 C Total (See Exhibit 7) . Current C C <: C C <: C C <: C C < 30.2 C Year 2013 Future (See Exhibit 8) · Current C C <: C C <( C D < C 0 <: 33.0 C TWSC Northbound 2. E. Kenslnaton G Site Access (NB StODa) Approach Delay A. Weekday Morning Peak Hour Total (See Exhibit 7) · As Planned L L . A L L - B < . . . 9.8 A ~ Year 2013 Future (See Exhibit 8) . As Planned . . . A . . :0. S <: . . . 11.4 B B. Weekday Evening Peak Hour Total (See Exhibit 7) . As Planned L . . A . . )0 B <: . . - 12.4 B Year 2013 Future (See Exhibit 8) . As Planned c L . A . . > B < . - - 13.4 B TWSC Westbound 3. Wheellna em Site Access lWB StoDS) ApprNch Delay A. Weekday Morning Peak Hour Total (See Exhibit 7) . As Planned . . . > A <: . . . B - . 12.3 B Year 2013 Future (See Exhibit 8) · As Planned . . . > A <: . .. a B c . 13.5 B B. Weekday Evening Peak Hour Total (See Exhibit 7) . As Planned . . . > A 0( . . c C . . 20.0 C Year 2013 Future (See Exhibit 8) . As Planned . . . > A <: . c . C . . 24.0 C GEWALT HAMILTON ASSOCIAlES, INC. @ i I i I i '"+ . @ --- @ .@ , ~-- <D @~ ---- J f@ j GEWALTHAMILTON ASS 0 C I ATE S, INC. Site r"- I I I @ <D @ @ @ @ N ~ Not To Seale KeneIngton Road .-- @ @ ---. @ o I I I " Acc... right In/out .t left I In. Provide ..parat. left turn lane. I Provide two ea.tbound through I Ian.. at acc.... Extend Striping to provide left I turn lane. Right turn. made from through . lane. I Legend: ~ U Traffic Signal Existing Travel Lane . --" N.w / Modlfl.d Trav.1 Lan. @ Stop Sign Exhibit 10 Traffic Operations Plan looK. c;.~13r~ l..t;C=NSIf-.3c,Te:sN ~D ~ \,JI-\~E:;LIW<C rZ,f.)AD INrE-\Z~Ec.:i1o..J , <~~4~:,!'~'-Wl.t...t~: Hocn 13 '3 "t'\'l.Uc..K E.XJ ~TI,J~ 'Tt-'E.. S\Tb ~~ \:..XI ~n.....~ e6.-;;r-e-RJJ AC:;c:.E.~ :Pf'2..'\~C= Lov~'~~ v.i~'r c"""K~N~INc:.1~ ..f170f-i ~fo.,1TWoOO L~.. r-La a."j1--( ~oc.J> N'=:> ..c> rJ vJ~~6-L.\ t-l c., ('Zc::=-~ C1 l,..ocr.>\(..\ to3G.. r\.uV2-T~t ON wC-\ cs'L. tool G. (Z....oAOf~;VI1 "&Oc.JTl-i ~Cf'6fZ.'f'i' 1-( N e: LoO~I~C9 ~~,H 0"'" \.V,-{ecc::l-I.-.(G. i'Z.oPo trl'1,Cl'/ll\. e-JO\'2.il-l cf- ~'H"5I,.J~To..1 Village of Mount Prospect Community Development Department CASE SUMMARY - PZ-07-07 LOCATION: PETITIONER: OWNER: PARCEL #: LOT SIZE: ZONING: LAND USE: REQUEST: 60 I E. Kensington Road Nicholas E. Papanicholas; NEPCO, Inc. Nicholas E. Papanicholas; NEPCO, Inc. 03-35-200-019-0000 5.4 acres II Limited Industrial Vacant Office Building Conditional Use approval for a Mixed-Use Planned Unit Development LOCATION MAP I~CD""V,,!(c)~~ P'!'6'7r I~ MEMORANDUM Village of Mount Prospect Community Development Department TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION ARLENEJURACEK,CHAffiPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: APRil- 19,2007 HEARING DATE: APRil- 26,2007 SUBJECT: PZ-07-07 - C.ONDITIONAL USE (MIXED-USE PUO) 601 E. KENSINGTON ROAD - NICHOLAS E. PAPANICHOLAS; NEPCO, INC. BACKGROUND A public hearing has been scheduled for the April 26, 2007 Planning & Zoning Commission meeting to review the application by Nicholas E. Papanicholas, NEPCO, Inc. (the "Petitioner") regarding the property located at 601 E. Kensington Road (the "Subject Property"). The Petitioner is seeking Conditional Use approval to construct a mixed-use industrial Planned Unit Development. The P&Z hearing was properly noticed in the March 7,2007 edition of the Journal Topics Newspaper. In addition, Staff has provided written notice to property owners within 250-feet and posted a Public Hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located at the southeast comer of the intersection of Kensington and Wheeling Roads, and includes a vacant office/laboratory building with related improvements. The Subject Property is zoned II Limited Industrial and is adjacent to the II District to the south and east and is across the street from the R1 Single Family District to the north and west. SUMMARY OF PROPOSAL The Petitioner proposes to demolish the existing building and construct six (6) buildings on one lot of record. Planned Unit Development (PUO) approval is required to construct multiple buildings on one lot of record as the Village Code allows one principal building per lot of record. The PUD process was created to allow for unified zoning control over the entire development, which would require formal Village approval if any modifications to the development are proposed in the future. The various elements of the Petitioner's proposal are outlined below: Site Plan The proposed site plan indicates two driveways would be added to the site, creating four access points to/from the proposed development. There will be a total of six (6) buildings constructed on the Subject Property and the site plan notes that specific users have been secured for four (4) of the buildings. The identified occupants are contractors and their proposed buildings include office space, warehouse areas, as well as outdoor storage areas. The plan calls for the outdoor storage areas to be secured and screened with an 8' wood fence as required by the Village's Zoning Ordinance. The remaining two buildings include a 10,450 sq. ft. multi-retail building and a 30 to 40 seat freestanding restaurant with a drive-thru. PZ-07 -07 Planning & Zoning Commission Meeting April 26, 2007 Page 3 The site plan indicates that some of the parking stalls measure less the minimum 16' depth, which is the minimum allowed depth when there is a 2' overhang. However, the drive aisles can be reduced to 24' so the stall length would comply with the Village's regulations. Parking Sec.14.2224 of the Village Code lists parking regulations, which are based on the proposed use. For industrial properties, the Village Code requires office space to be calculated separately (4/1,000 sq. ft.) from warehouse (111,500 sq. ft.) when the two uses are located in the same building. The following table is a summary of the proposed parking conditions; the proposed parking is the amount of parking available. in proximity to that building. However, Staff understands that all the parking spaces are available to all the tenants, with the exception of the roofmg contractor's facility since that parking is secured behind an 8' wood fence. In order to ensure code compliance, a cross parking agreement and easemen~ noted on the plat would need to be adopted so parking remains available for all users in the development. Restaurant Contractor - excavator Contractor - Roofin osed Parkin Buildin Buildin Buildin Pro osed TenantlUse Electrical Contractor Contractor Retail 5,544 s . ft. 5,544 s . ft. 10,450 s . ft. 3040 seats / 4,468 s . ft. 10,220 s . ft. 19,800 s . ft. 7 7 27 Buildin C Buildin D Buildin E 29 9 66 Total Spaces Required: 105 Ius restaurant em 10 ee Building Elevations The Petitioner prepared elevations for each of the proposed buildings. The one-story contractors' buildings are consistent with typical industrial buildings and will be stained precast concrete panels and include accent reveals. The two-story contractor's building is similar, but has more windows. The Petitioner must provide color renderings detailing these buildings. The elevations for the restaurant and retail building indicate both buildings will be all brick, and include soldier course that frames the windows and defmes the signable area. The west and north elevations lack architectural design and rootline interest. These elevations must be modified to provide distinguishable retail space at this location. Landscape Plan The Petitioner submitted a landscape plan that indicates a significant amount of landscaping would be installed at the Subject Property. However, the proposed perimeter landscaping lacks year-round materials. Staff recommends revising the landscape plan to include at least 50% year-round materials along the perimeter of the Subject Property. Screening The individual outdoor storage areas will be screened with an 8' wood fence and the garbage dumpsters will be located inside the storage area: The dumpsters for the restaurant and retail buildings will be located in the rear of the buildings. All dumpsters will be screened with a 6' wood fence. Traffic The Petitioner submitted a traffic study, which the Village's Traffic Engineer reviewed. The Traffic Engineer found the following issues need to be addressed: PZ-07 -07 Planning & Zoning Commission Meeting April 26, 2007 Page 4 1. On page 3 under the Development Access Discussion section, it is stated that one of the driveways to Kensington Road may be allowed by mOT as a right-in/right-out and left-in; the site plan indicates it to be the western driveway. However, Engineering has a concern with allowing left turns in as this driveway is situated in the middle of the taper along westbound Kensington Road for left turns at Wheeling Road. Engineering continues to recommend this driveway allow right- in and right-out only because the proposed configuration could potentially create a pattern of rear- end accidents. 2. Also on page 3 under the Development Access Discussion section, it is stated that Staff has recommended that the existing northern driveway on Wheeling Road be converted to right- in/right-out. Engineering has no objection to full access at this driveway. Rather, Engineering has expressed concern with allowing full access at the southern driveway because of its close proximity to the driveway immediately south at 699 Wheeling Road. A significant amount of left turns from the proposed driveway, coupled with a significant amount of right turns from the driveway immediately south, would create a contlict point and could result in a pattern of accidents. Engineering previously requested that the traffic patterns at the proposed driveway be analyzed against the existing patterns at the driveway to the south to determine what, if any, access restrictions should be recommended at the proposed driveway. This analysis was not provided. Engineering recommends right-inlright-out and left-in only at the southern driveway. 3. Correct the traffic assignment maps and the intersection capacity analyses so it retlects the revised access design of the two driveways along Wheeling Road. 4. On page 5 under the Parking section, it is stated that a separate parking calculation will be required should a restaurant use be desired in the retail building. If it is being considered that a restaurant may go in Building B, the traffic study should be revised to include this use in the calculations now. 5. On page 5 under the Drive Thru Operations section, it is stated that the current plan provides for 5 vehicles to queue in the drive thru lane before impacting parking and circulation. Village Code requires 8 stacking spaces for drive thru restaurants. Prepare an exhibit that demonstrates 8 stacking spaces will be provided. 6. Revise Exhibit 5: Project Traffic Characteristics to address and or answer the followin~: · The number of trips during the morning peak hour for the retail building appears to be low and does not match the number of new trips. · The number of new trips during the morning peak hour for the restaurant appears to be low. How was this detennined? · The number of trips during the evening peak hour for the restaurant appears to be low. According to ITE Land Use Code 934, Staff has estimated 210 trips for the evening peak hour. Signage The Petitioner's site plan indicates a freestanding sign will be installed at the northwest comer of the Subject Property. Details on the proposed ground sign and all wall signage must be submitted prior to Village Board review of this request. PZ-07 -07 Planning & Zoning Commission Meeting April 26, 2007 Page 5 GENERAL ZONING COMPLIANCE The proposed development is zoned 11 Limited Industrial. The following table summarizes the proposed and required bulk regulations. The table shows that the proposed development will comply with the Village's zoning bulk regulations. 11 Limited Industrial Minimum Requirements Proposed Duildin!! Setbacks SETBACKS: Front 30' 60' Corner 30' 62' Interior 15' 58' Rear 20' 70' LOT COVERAGE 75% Maximum 73.1 % CONDITIONAL USE STANDARDS The standards for Conditional Uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. The following list is a summary of these fmdings: . The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; . The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; . There is adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets; and . The request is in compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. In general, Staff does not object to the proposed mixed use industrial POO. The proposed uses are consistent with the Comprehensive Plan and the site would comply with the Zoning Ordinance regulations subject to modifications to the Landscape Plan. The proposed restaurant and multi-tenant retail building may have difficulty attracting drive-by traffic, consequently destination orientated businesses may be more successful at this location. However, there are traffic-related concerns that the Petitioner would need to resolve in order for the proposal to comply with the standards for a Conditional Use as listed in the Zoning Ordinance. Additional information on the proposed restaurant is necessary for Staff to evaluate its impact on the surrounding properties. Also, the site lighting must be designed to ensure minimal impact on the surrounding residential properties. RECOMMENDATION The proposed mixed use industrial pun proposal meets the Conditional Use standards contained in Section 14.203.F.8 of the Zoning Ordinance, subject to the Petitioner submitting additional information and revising the PZ-07 -07 Planning & Zoning Commission Meeting April 26, 2007 Page 6 exhibits as noted in the staff report. Staff recommends that the Planning & Zoning Commission 8DDrove the following motion: "To approve a Conditional Use permit for a mixed used Planned Unit Development at 601 E. Kensington Road, Case No. PZ-07-07 subject to the following: Prior to Village Board review, the Petitioner shall: 1. Revise the site plan to: a. reflect right-in and right-out only access for the western drive on Kensington Road; full access for the eastern drive on Kensington Road would be acceptable. b. reflect right-in/right-out and left-in only at the southern driveway along Wheeling Roac; c. demonstrate. the site can accommodate 8 stacking spaces as required by the Zomng Ordinance. 2. Revise the Traffic Study: a. so the assignment maps and the intersection capacity analyses reflect the revised access design of the two driveways along Wheeling Road; b. to reflect a restaurant for Building B, if it will be a restaurant; c. to document the number of trips during the morning peak hour for the retail building meet industry standards; d. to clarify how the number of new trips during the morning peak hour for the restaurant was determined; and e. to confIrm the number of trips during the evening peak hour for the restaurant comply with industry standards. 3. Revise the Landscape Plan to include at least 50% year-round plant materials along the perimeter of the Subject Property. 4. Revise the west and north elevations of the restaurant and retail buildings to include architectural and roofline interest, and distinguishing it as retail space. 5. Prepare color renderings of the buildings. 6. Prepare a sign package that provides details for the ground sign and all wall signs. 7. The Petitioner shall prepare plans in general conformance with the site plan prepared by NEPCO, dated April 2, 2007. 8. Prior to submitting for a Building Permit, the Petitioner shall prepare plans that provide additional hydrants as required by Village Code. 9. Provide the Fire Department access to the secured outdoor storage areas through the Knox rapid key entry system, which includes electric key switches ands/or padlocks. 10. The site shall be developed in accordance with all Village Codes and regulations." The Village Board's decision is fmal for this case. I concur: WiW~Ofcommunity Development IjlIIc H:\PLANlPllDDiDa &; ZaaiD& COMMIPAZ 2OO7\SlalrMemolPZ.Q7007 MEMO (601 E K..sinJloo cu . mixed ... PUD).dac VILLAGE OF MOUNT PROSPECT COMMUNITY DEVELOPMENT DEPARTMENT - Planning Division 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847.818.5329 Application for Conditional Use Approval Mount PmIpect. z o :if:: - .~ 8 ~iU liiu 75 "~'e,' rlIil .' .~. . ....... . " ~Cf:fCO Address(es) (Street Number, Street) (pol c;::.6~ r K..e.N.::, i ~ Gis -r 0 H ~PO Site Area (Acres) Property Zoning Total Building Sq. Ft. (Site) ~J~~... 1-( 80i~ Setbacks: -, Front Ken~6'rc:.,..l Rear So u ... tot Side '1.(\04 eeL.CtollC Side tSA~', I -. z ~~4-"( t\ l . OG/ 4- &.. t(l,"2.. l &"070 co 4- 0 e Buil9ing Height Lot Coverage (%) Number of Parking Spaces ~ 1. 'I . ~~ '2:1-. ~A ".c=: ~-~..q~ l'1 S" ~ Adjacent Land Uses: is North South East West It., I -1 I--i f:l -I ~ ......-.. ---" '--- . .....-. ._~- .... Tax lD. Number or County Assigned Pin Number(s) fI.l Co:) o ~ - ~ i? ' "too - 0' 9 ~ fI.l 'S< rlIil Legal Description (attach additional sheets if necessary) L.oT , i1'l -rnc; AI~N AH- ~rc:,.i~ 'SufH)\V't~e:t-l Dr- tl-tE ~rz.n1 (044- ~er Cf- f'i.te 'vJ(.7C,l 4-50 f!eE;r -DF ~of.j ~ ~- i"" 0 uJ tJc:i'''' p 4- "!. iJc tZ:rH f tzJ1toJc; ~ Il f;&~r D~. fH~ 1itLfU? PI2.II'lC i P t6 f.If Po \2..{ "A'" i l N. Gcoe(<.. ~ou ~ '''1 .l (..l.uJo\.!i :z o - F-o < ~ "I O~ r.:r. = :z B ... ... ci ~< 0' " ~ ~ Name 1C.,.\~l.-&c? t::. Ii '/J.lJlc..\.( c;1..1.>~.., Corporation tJ~ (:.0 t:... Street Address I OC!:)\ ~e~WA~" tL.L~ \?I2.iVe City State Zip Code \'4r ~O~; - n- lL.. "oc::>S~", Interest in Property Telephone (day) 2>> 41 .3" 4-.-" !.oo Telephone (evening) gtt:r e, ~ - CO" r; 5 Fax e, (rT /3" 4-"- "'to :, Email N,c.K ~ tJ tc.Hol.~5 c: a1l. L h.. GoW'\ ~ - ~ < ~I "" t ~ ~ zO ->. ~ti ;;:;lg. o~ "", ~ u ~ z 8, E-t en il 0,2 ~ 0 ~~ =5 ~[ ~~ ~~ ~I = Name N ,c.,..(.,:.)~ c;, e, p,q,?t\ ~ (c..HoLAS Corporation (;,0\ e.. ~e-t4 ~lIV6-rCH ~D.. LLC:.. Street Address l OD \ .f'6 e H ~""" ~t l i- L t:;. Ol'2.\ \J tS City State Zip Code ~r PT2..b ,rt: c..:r t L- {.,OO,b Developer Name ~c.o \ (~c.. Address 1.00 \ ,c: e;:-~H ~ t-l V H.-a... G 1> 1Z.\\)e tvl'-. P~~Pt5< (;l. \ L,.U ~ (;) I ~ "ex.:. 5((" Attorney I . Name A~~~t-J, ~ Atlc;,A"':: ( [" AI~ A K"'.;A t.J I ) Address .l.4- i l JtS~.r fe j1;rz.9ctJ AtJ e P/~t1.'( 1t\\) G-e . \L.LlMb( ~ bor.~0 'e, , Surveyor Name 6.?~fA~s.. I-Ai\lO )ut~E'f' ~ ~ lTi> Address U31 <:;i..:l~EIZ- WooD:) p~(J..',:WA"'T ~ ..h=, too Au (Z.v(l.A \ LU ~o, > ~ e."'5' 0 ~ I ._. Engineer Name Wb\..i,.,.c.:.~ C STlL~ Address f"" \lJ c::s r .n,l..L oAl<. 'DI2.\\}c.S- HA".J{:~VII...t..e , (f.,LlNO\> bc~::tl2....- Telephone (day) &4--1/'5 q 4- . ~ fuo Telephone (evening) g4'1! ~lB "~~S5 Fax: ~41/ 3Cf 4 - G "l.J=:;;5 Email ~ t~tl.JCCJ.tolll.~ ~4~l~ ~ ~t..t . Telephone (day) 54-7/3 q 1...w (,"100 Fax BJr:r / ,q7... - ~?. 0 S- Email ,..i.e.\( C!. IJ t QtdAS ~06 LI. t'1 _ CO#1 Telephone (day) !::!YJ/B'l"-+'ec-.)~'lc4 Fax S4.Tl8"~-b~it Email A.\I1~a.n. Law e.A~L._ €.~...... Telephone (day) t,'!Jo/t>Zo ~<11 00 Fax ~o/e~ .-l~'o " MLo~Tu..... eo e.. Email c.. L. ~ u IZV G'"'t. H G.- ~t--\ Telephone (day) !'4-y'818> - S ~ ~z..B Fax 8~11 ":1L.le,-To 10 , Email W~c;. _ 48 e yA "'00 ~ Gc.:.t\;f Architect L 1 . 2>4-, hi Name N~fe-O r I~c... /JO?~ J . i<",~el.. Jt2.. Telephone{day): ~T _ q+ ...~ Address tCD\ ~"~~Vl"t.e Dtu"e Fax My" "14-.b~b~ M r f'a..o5~c....,-, (u....& ~f ~ ~ '$ rQ . ., .. . Email J '<..ueel.- eNIG.i~cl6>~~~l1 ..Gb.J1 Telephone (day): B 4-1 / ,,~~ -q oc7- ~Ame: Landscape Architect Name '17AH E:. c:,;,c..H oW ~K.. Address f. 0, \'?c x. "2...~ 1 JfA M pc;, H I (2.G I (LLl .Jot So "0140 Mount Prosnect Denartment of rnmnmnitv npvp!nnTnpnt Fax Email DAN OE-:1l ~c:.. ~ AcL_ (.~, nL__ _ n A,.., nll n ,.....__ Proposed Conditional Use (as listed in the zoning district) Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Attached Standards for Conditional Use Approval (attach additional sheets if necessary) (7'~IG(.L,'"'P A PLlD ~1n4 i7 ~u,.j)tp3<.b~ I !J be ~'-D,I'4Gc;' AIU: PCi2. ea..lTI~c..r()n5 iJS~ Q AS Cf9E-\c:.e.J~tCP~ Y.1;4Te:l'Z.ibL'It-~ lAlW5. A MUL\\..~tAll... ~I'- ~Fi=\a-/I~h.li:S.$ ~ . ~e 1~~o.J~L Jre A\J0 AS, NGL.e U'?i:;lZ- ~7\~(l.AlO.ir ALl. Ft=t2.."HI ttst' ONt!;l6(Z. Of;il .r -l L.iMlteD \..tt:>iJC;fi1.ibL- f.?i~nz.<:..:r ~ 0 c.Cf4 D\'noeJ4L u~f'5 ;;J SOl ~~ -(wt:" Hu..:n -12cz~1L. a&~ :: I e.. c..ii i~::7\l..,,"<:.:nc:... CAl2.E. ~eN'n'7r Ac:.<:..c.UI,j'6~T"".:P ~~ . ,.J~"~Nc:.L t1~N::;.'1' . (46-1I~_ ~.6Lc.J e,G. ~ { N C:;l.C:; lJc;.e::~. F i2.A1Il Co ,..( , -:,l: Cl~Tiul fl'Je ~ . u w t'n~ ~'7:;" ~ Ofu \J E -11; I2U oP~'i2A1\~.. ~nl.A-c.rc>" Lic;.e~ t!:j<C AV J1TCfE... < ....' utl"'au=.~~o 61\ Pitlta:./~-<<1~~. el.ec'lP.J.cfl1/~ AA.f.o ~efL Hours of Operation 1 fbtt.'ll~oc U::.Nsrn.uc.:. rlc.J - G,:oo,4t-t ._,:;~ f'wt ~fbt'tS':~ (Jc:.rbH4l ~r~ilOtJAL PJLIyuJ~s.~y .": 8~ObAk.t .- ID~,~ PM ~lAu~r~. i;)epE--NDI t-I ~ l:N f1ZA....c....u ~ e G ~ 0(".) 11 J'&l - fZ.' ... Al1o'\ Address(es) (Street Number, Street) f20~ D ~i e K.e.ti~ I l'JG're t..1 f;ilZ CO Site Area (Acres) Property Zoning Total Building Sq. Ft. (Site) Sq. Ft. Devoted to Proposed Use ~5 i?..4'Z€:> I-i ?<P . t "'(.-1 ~~ Setbacks: Front i<i;H'7i H CDretJ Rear '5gu'rH Side ,\J t-tc:.e.l..l W ~ Side ell. ':7 .r- ~o 109'-0" "0 ~-r II l 4-'f'Z..J- i~ ~~ a_cO &i 42.- ~Iool BU~ing Height H Lot.S;~~" ""wJ Number of Parking Spaces ~,r' Ml l~.. S l~o MAIL "1........ 4-"- (' ""Z~....., 4- ,,(. ... .f './ . Please note that the application will not be~ieviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planni~g Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and completeness at the time of submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agents permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirm that all information provided herein and in all materials submitted in association with this application are true and accu~atetOtheb~estOfmYknoWIe~d .. Apphcal1t. _.' ~ · _ __ nale ~ ~(l.,/ c:" 't..., 1 Print Name il... ~.,\'b e=.. t.l c.c.,,-loLAS lJ e-p61:> I . N c. If applicant is not property owner: I hereby designate the applicant to act as my agent for the pwpose of seeking the V ariation( s) described in this application and the associated supporting material. Property Owner Mount Prospect Department of Communitv nevelnnmp.nt Date n1-___ n AI"" n.. n ~...,...n _NEPCO, INC. April 2, 2007 Ms. Judith Connolly Village of Mt. Prospect Community Development Department 50 South Emerson Street Mt. Prospect, Illinois 60056 Re: PZ-07-07/601 East Kensington Road CONSTRUCTION MANAGEMENT · CONSUlTINGIDESIGN PROPERlY MANAGEMENT Dear Ms. Connolly: Nepco, Inc. is pleased to submit our revised proposal for the planned unit development at 601 East Kensington Road. Our responses to each of your comments are addressed in the same order as the Village of Mt. Prospect's letter dated March 20, 2007. Traffic Concerns Item #1 Nepco, Inc. has entered into a contractual agreement with Gewalt Hamilton Associates to provide the necessary traffic planning service to comply with the village's comments. This report will be submitted under separate cover upon its completion. Item #2 It is Nepco's intention to comply with the redesign of the street markings to identify a left turn at the northern entrance on Wheeling Road. Item #3 Contact was made with lOOT and on-site meeting was held on March 29, 2007 with Mr. Sudud Mahmoud, Area Permit Engineer to discuss our design intensions. This discussion was confirmed with an em ail per Mr. Mahmoud's request. Our resubmittal reflects the comments of Mr. Mahmoud and we have enclosed his email response. As pointed out in his email, final design documents along with the traffic study will be reviewed for compliance and acceptance. Copies of the emails are attached for your reference. Item #4 With regards to building "C", the option of a drive thru lane is requested, however we have made some moderate modifications at the suggestion of the Village's Traffic Engineer. At the western end of the drive thru lane, the curb opening has been reconfigured for a single vehicle entry and on the eastern end the north/south island has been extended to control access to the one way drive thru. Signage will be posted at both ends. Site Concerns Item #1 We will comply with the request to straighten the public walk along Kensington Road and reposition it 1'-0" from the right of way line. Item #2 The notation of "8'-0" high chain link fence with privacy slats" has been revised to read "8'-0" high wooden privacy fence". This will include all gate openings that may be provided. Item #3 The Kensington Business Park entry sign will remain at its present position with in the public right of way. Ownership of the strudure may possibly belong to the Business Park Developer's Association. The 601 East Kensington Road property deed makes no reference of ownership to this structure. Item #4 A proposed 2 faced sign strudure will be located at the northwest comer of the site and shall comply fully with the Village of Mt. Prosped sign ordinance. All proposed signage throughout the planned unit development will follow the general principles for sign design guidelines and will be submitted with the building permit documents. NPDES Referencing the comment regarding NPDES, we will comply with restridion requirements set forth by this agency. The areas previously identified as exterior storage have been re-titled and will be utilized for company vehicles along with short term loading and unloading only. Fire Department It is our intention to meet with the Fire Prevention Bureau to review all fire prevention ordinances and code requirements necessary for this development prior to completion of all building design drawings and submission of final permit documents. We trust that his brief written response to your letter of March 20, 2007 and the revised drawing that refleds these modifications will be looked upon favorable to allow Nepea, Inc. to proceed to the next stage of the planned unit development approval process. If any additional information and/or clarification should be required, please contad our office at your convenience. Sincerely, In~~Cf1~ N. E. Papanicholas Joe Rubel From: Sent: To: Subject: Wallace Stilz [wcs_ 48@yahoo.com] Friday, March 30, 2007 9:01 AM Joe Rubel Fw: ----- Forwarded Message ---- From: "Mahmoud, Sudud S. <Sudud.Mahmoud@illinois.gov> To: Wallace Stilz <wcs_48@yahoo.com> Sent: Friday, March 30, 2007 8:55:51 AM Subject: RE: Wally, I'm ok with that but this is not a final approval. I will need to see the traffic impact study and plans in order for me to confirm my decision. Sudud Mahmoud IL. Department Of Transportation Area Permit Engineer T:847-705-4145 F:847-705-5498 mahmoudss@dot.il.gov -----Original Message----- From: Wallace Stilz [mailto:wcs_48@yahoo.com] Sent: Friday, March 30, 2007 9:30 AM To: Mahmoud, Sudud S Cc: Joe Rubel Subject: Sudud: Attached is a letter confirming our discussion at yesterday's meeting and a revised Preliminary Engineering plan reflecting the changes to the entrance in question. Wally Stilz, PE ..............if5.':;:.;;..;.;..::::.......~;......~;.;'.;;::::;:;.;.......;.,,:....~~..... [r.,. ..' .. -.. P" ~." .' . - ....i:':..~.)fi.. .." ". ", .. .-. '. ~." ~ '. . " ~.~";l' ... .)'; . .... ..... .1'- ....,. /: ,." '.;....; l..____..._ ._m. ...__........_ ..._i..~!..:..~~. ". ~ \;. ": -w ::it-:~5 'i&:.;~!>.~.) .." "... . - '.. . _ .... ..lr~~jJ~~~~j~~-=~~~ 1;~1~~;' I.' :.:; ,., f4 !, I - [~ ~" ~:: :,' ~1 i f:J} ,::....#.j i it! ,1..:hll JMIL -i"ri :,"ht:. " I ............ r~ i.,' ~Th i J :'..1 t.. ";IJ 'ptll I H f t ". ~ ':,l 1. ,}; "'f" [ 'iJ '-f ".' o~ 1:1 Uj. !t;.t... i~ Y.. ..."'. i'n~l1rl r~m-ril..rtyi'1 ~.! :;:.fPt: '!!r\! .. . ':;;{?i;.~ ::;{i~..~,.~..~.)..\~;~;.i~.:: .,,~, _ ..... ~7~~J, """ "".'" ,~.~ I' -- ----~~-..... :IIL.rt... -:...... ='=W&-:..-r--- _"WfIII..., 11"""':= , f\01 KI"NC:;INr.:TnN RnAn _c. 51... PE t I I i- . :- . .. . . .. .. ~ T T 7 ~ -L -L -L . _:. - :lI: ..... .- == .- .:.:.=;; ~ 00 ~ ~ -- " , c__. 1_.. . T p/~a~;pe 166 West Tall Oak Drive Hainesville, Illinois 60073 Phone 847-878-8828 Fax 847-548-70]0 March 30. 2007 Sudud Mahmoud I L. Department Of Transportation Area Permit Engineer 201 \Vest Center Court Schaumburg, Illinois 60] 96-] 096 SUB.fEeT: 601KENSINGTON MOUNT PROSPECT, ILLINOIS Dear Mr. Mahmoud: \Ve appreciate your meeting with us at the site yesterday. As discussed in our meeting I have revised the Preliminary Engineering for the above subject project. The proposed west entrance to Kensington Road has been moditied to indicate allowable left an right turns into the property and a right turn only movement for exiting the property. We understand that this is a preliminary review only and is su~iect tot lOOT final engineering and Pcnnitting. Please advise jf you require additional information. Sincerely, (0 Wallace C. 8tHz, PE cc: Mr. Joe Rubel. Jr. I LUI"C ",..-. I I' )d 5> ~ WHEELING / / / / ~ J ~ . WEST LINE 010 SECTION 35 - 42 - 11 ROAD rr== '.EFT W 'ruRNIN LEFT TURN OUT ~ 100'-0" ROW (42'-0" DIVIDED) _ r;:== LEFT W TURN IN ~ C> ~ ~ 120' STORAGE 185'TAPER 2<<YEX. STORAGE ~ LEFT '< TURN" ~ ~ F,H.V G~ISH~<3.~T~RE.~N l II ! .~ m~ , 36'-0" W ' f;;1 ~ ~i I~ w ~ z i 2 lui <( w ~I C> c:i 0 ..'<t. SlICING GATE en o c:i o '<t J.?::f!.. 5> ~ PRNATEORIVE '-zoNET-1l c b ~ 99'-0" 25'.(1' 93'-4' 1_' 13 I I 0 0--0-- L 6'.o"HIGH\o\OC)[EN SCREENED TRASH ENClOSURE B :r ; TYPiCAlLY - 8' HIGH II\OOCEN PRNACY FENCE 593.83' (MEAS.) N 00.04'19" E I I I I I 1 I I I 1 I I 1 1 I I I I I I I I I I 1 I 1 I 1 I 1 1 I I I I I I 1 I I 1 1 I I I I I I II'C:gr ONLY ~: ~ 0::1'" !.e. I Zl 01 ....1 C)I Zl -I~ (/)10 Zl~ WI~ ~I~ I I I I ~- ~: ~ I '.K J I I I LEFT I TURN I I OUT ~:?.':'N I JI u..1~ :: 01-' WUl~ ;!;b!,I, -IS", II", I-l;:z lSoQ ZZti ",W w i,'l~ I Ii II~ LINE ~J ~ INDEX OF DRAWINGS ARCHITECTURAL DRAWINGS S-1 SITE PLAN I LIGHTING PLAN L-1 LANDSCAPE PLAN L-2 LANDSCAPE PLAN (EXISTING TREES) A-2.1 BUILDINGS - A-1, A-2 (ELEVATIONS) A-2.2 BUILDINGS - A-1, A-2 (FLOOR PLANS) A-3.1 BUILDING - B (ELEVATIONS) A-3.2 BUILDING - B (FLOOR PLAN) A-4.1 NOT USED A-4.2 NOT USED A-5.1 BUILDING - D (ELEVATIONS) A-5.2 BUILDING - D (FLOOR PLAN) A-6.1 BUILDING - E (ELEVATIONS) A-6.2 BUILDING - E (FIRST FLOOR PLAN) A-6.3 BUILDING - E (SECOND FLOOR PLAN) A-7 SIGNAGE CIVIL DRAWINGS C-1 CIVIL DRAWING (5.6.2007) SURVEY DRAWINGS LAND SURVEY (1.25.2007) LAND SURVEY (5.13.1993) LAND AREA'S -TOTAL BUILDING AREA: 57,752 sqJt. (1.33 ae.) 24.4C -PARKING, DRIVES &: WALKS 116,511 sq.ft. (2.67ae.) 49.01 60C1 TAPER (LANE DROP) ROAD If !E Al::- !< ~. 145' STORAGE FOR35mph .~ -"- ~- ~ -"'- ~ ~- ~ _'\...l ~_ ~ _~ ~ ~ ~~ ~. --.... -::.... ~ "--- :::-..._~-=-~ 175'TAPER FOR35mph I U !;( -- ------I:a: ---- ~ ~ 400' TAPER (LANE ADD) -LANDSCAPING: TOTAL= 63,341 SQ.ft. (1.45 ae.) 26.6C 237,604 sq.fl. (5.45 ae.) 100.0 PLAT OF SURVEY LOT 1IN THE ARNAH-STONE SUBDIVISION OF THE NORT 644 FEET OF THE WEST 450 FEET OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPLE MARIDIAN, IN COOK COUNTY, ILLINOIS SITE LIGHTING ~ DOUBLE HEAD LIGHT POLE (400 WATT METAL HALIDE) (20' POLE HEIGHT) SINGLE HEAD LIGHT POLE ~ (400 WATT METAL HALIDE) (20' POLE HEIGHT) -LIGHT FIXTURE AS MFG BY COOPER LIGHTING - LUMARK TYPE HR HAMMER. .POLE AS MFG BY COOPER LIGHTING. -POLE TO BE SQUARE STRAIGHT STEEL, COLOR BLACK, MOUNTED ON 24" DIAMETER ROUND FOUNDATION. WHEELING -0 @-- -0-- ~-e- -. - _. +- - ----'- - T_ - -- " - - - - -- - - I ! '--j -Y ~ ----- - --- -- 0- --- - -- -- -- - -, :-:- -.--.. ----- ---- ... --- r_ ---- III Z -w !!i~ )(~ Wu >:::l a:: a:: o~ ~Ul Ul I / ROAD z ~/j 0 "t- C) Z en z w ~ 1 STORY EXISTING STRUCTURE -.J-i LANDSCAPE PLAN """, ,-.",.. @ ~"",TERJAl--"'-S! CODE QUANITY COMr.ION NAME BOTANICAl. NAME SIZE SHAOE.J!l~ES A 9 Rod_....... Iv::et rubl'um "Red Sunser" 2.117' B 11 Sl<';'t>e Honey lo<:usl GI_ lriancanlhOs 2.117' lne..... 'Skyline' C '5 G<eompi<e LOOen roOa _ 'G<eensoire' 2.117 EVERGREEN TREES 0 Ie WhiteFII" Abies conr::olct e' E ,J Blad< Hills SpnJal Pice$ gtauca "Densata" e' F 14 OougIas Ff .....-. ......- 6' ORNAMENTAl TREES G 3 AmurUaple Ace< g;nnaIa 2" H 6 Shodblow ~ ~C4n_ 2" 5 Ea.- Redbud Cetds~ 2" Pagoda Dog"""" Camus an_ 2" Spmg Snow CraOawle ........ 'SQring s.- 2" L 4 "-' Plum Prurus oora$ifera "NewpoI1' 2" SHRUBS M 32 Compad Bu""'ll Bus/> ELJOO1Y'Tl'ls ...... 'Compaaus' Je" N 99 Sea Green Juripet' Jooioerus _ 'S..~' 18" 0 50 Compad _. Juniperus horiZontali$ 18" Jumper 1'Iu"""", Coopacta' P 24 Cla,.,ys o..arl lonicera xytosteum 'CIa'w'e)'i' 38" HoneysudJ 0 43 AIpn:t Currant RJbes alpc1t.lM 38" R 82 """""'Y W._ SlJ<oa Sp;nloa , l>LwnakIa 'AAlhlny W-.<' '8" S J6 Mission A.rtxltvlt.M Thuja ocdden.... 'T 0CI>ny' 4' 28 Compad Eu_ Vibumum opuIus 'Compactum' 38" em"..",.",.... U 38 Java Red Weiget8 Woi\;ela _ 'Java Red' 18" W 47 Kallay'!. ~d .bllpef' Junopetus chine..... 'K.allaYs 18" """"'""" X 26 Taunton Yew T PUS Ie media Tauntonii' 18' GROUNDCOVER V 580 l'u<T>"""af Wi_""" Euonymus __ 'CoWatus' NO!ES: AlL DISTURBED AREAS SHALL BE SOOOED ALL PLANTS ARE TO BE ~tUlCHED WITH 3" SHREDDED HARDWOOO MULCH: I. SHRUB AND GROUNDCOVER BEDS TO BE MUlC><ED " BEYOND EDGE OF PLANTING 2. ORNAMENTAL AND EVERGREEN TREES SHAlL HAVE A 4' DIAMETER MULCH AREA AROUND TRUNK OF TREE SHADE TREES SHAlL HAVE A 6' DIAMETER MULCH AREA AROuND TRUNK OF TREE LANDSCAPING PLAN WILL CONFIRM TO THE VlLLAGE'S LANDSCAPING ORDlNANCE EXISTING TREES TO STAY .."'- 0 @ Iii ~~ Igl u ~g~ H ~v~ ~~ ~ J'pol . U :2 . i Ou u ~~. 0.. !l3 \lJ ~~ :2h U ....J ....J o 0::: Z o I- <.9 z (j) z w ~ I- (j) <( W en o z ::::i :::! l- t) W a.. en o 0:: a.. ~ ~ ..- o <0 z :) a.. w a.. ~ t) en o z :) DATe JUNE 4, 2007 PROJECT NO S....ET L-1 '~0C.....-- c=:= '. + c-. /.., [77-/ / / /7J ,---------'>1 - 1::== ~ w ~ ~ LANDSCAPE PLAN r WHEELING ROAD \ A 1)- ~~. -;J ~-;J ~ _~ I, r-/ ^>,+.fQ / B ~~~ ~-- I o 301. 6OA. 120lt SCALE: 1" = 30'-0" ~1/ =1SL ~ v I j==T= I 01 I Z'I w: ~I I I I I I I I I I I I I I I I I I I I o;)M/'\UJ:: I t(t:t:~ A 9 Red Sunset Maple B 17 Skyline Honey Locust C 15 Greensplre Linden EVERGREEN TREES D 16 White Fir E 13 F 14 ORNAMENTAL TREES G 3 H 6 I 5 J 5 K 8 L 4 SHRUBS M 32 N 99 0 50 P 24 Q 43 R 82 S 36 T 28 U 38 W 47 X 26 GROUNDCOVER V 580 Black Hills Spruce Douglas Fit Amur Maple Shadblow serviceberry Eastern Redbud Pagoda Dogwood Spring Snow Crabapple Newport Plum Compact Burning Bush Sea Green Juniper Compact Andorra Juniper Clavey's Owalf Honeysuckl Acer rubrum "Red Sunset" 2-1/2" Gleditsia triancanthos 2-1/2" Inermis 'Skyline' Tilia cordara 'Green spire' 2-1/2" Abies cencolar 6' Pices glauca 'Oensala' 6' Pseudotsuga menziesli 6' Acer ginnata 2" Amelanchier Canadensis 2" Cercis Canadensis 2" Cornus allernifolia 2" Malus 'Spring Snow' 2" Prunus cerasifara 'Newport' 2' Euonymus alatu$ 'Compactus' 36" Juniperus chinensis 'sea Green' 18" Juniperus horizontalis 'Plumosa Con pacta' 18" Alpine Currant Ribes alpinum 36" Lonicera xylosteum 'Claveyi' 36" Anthony Waterer Spirea Spiraea x bumalda 'Anthony Wateref 18" Compact European Cranberrybush Mission Arborvitae Thuja occidentalis 'Techn)" 4' Viburnum opulus 'Compactum' 36" Java Red Welgela Kallay's Compact Juniper Juniperus chinensis 'Kallay's 18" compact' Weigela florida 'Java Red' 18" Taunton Yew Taxus x media 'TauntonU' 18" Purpleleaf Wintercreeper Euonymus fortunei 'Coloratus' 3' pot NOTES: ALL DISTURBED AREAS SHALL BE SODDED ALL PLANTS ARE TO BE MULCHED WITH 3" SHREDDED HARDWOOD MULCH: 1. SHRUB AND GROUNDCOVER BEDS TO BE MULCHED I' BEYOND EDGE OF PLANTING~ 2. ORNAMENTAL AND EVERGREEN TREES SHALL HAVE A 4' DIAMETER MULCH AREA AROUND TRUNK OF TREE 3. SHADE TREES SHALL HAVE A 6' DIAMETER MULCH AREA AROUND TRUNK OF TREE LANDSCAPING PLAN WILL CONFIRM TO THE VILLAGE'S LANDSCAPING ORDINANCE v EXISTING TREES TO STAY I + ,~~o@ ID ~-gJ .~-- .~ ID ~---- I o 30ft 60ft 12011. c_ I-j--- c ~ ID \~ OGe DlJ .L~CJ -~] PROPOSED PLAN UNIT DEVELOPMENT C (3 ..~ ~- l~~~~ LANDSCAPE PLAN (EXISTING TREES) SCALE: 1" = 30'-0" Q C3 c:: z o .... C) z - U) z w ~ r""lJ\.I'l \"oVUI:ILI:UCI-..1J 1-\:) t'ULLVVV::i: COMMON NAME BOTANICAL NAME A RED PINE PINUS RESINOSA B PAPER BIRCH BETULA PAPYRIFERA C BLUE SPRUCE PICEA PUNGENS "GLAUCA" D COCKSPUR HAWTHORN CRATAEGUS CRUSGALLI "INERMIS" E SUGAR MAPLE ACER SACCHARUM F HONEYLOCUST GLEDITSIA TRICANTHOS "INERMIS" G EASTERN POPLAR POPULAS DELTOIDS H WASHINGTON HAWTHORN CRATAEGUS PHAENOPYRUM SHADBLOW SERVICEBERRY AMELANCHIER CANADENSIS AMUR MAPLE ACER GINNALA K DOWNY HAWTHORN CRATAEGUS MOLLIS L RED MAPLE ACER RUBRUM M NORWAY MAPLE ACER PLANTANOIDES NOTES: .TREE SURVEY IS TAKEN WITHIN PROPERTYLINES 1111- WEST ELEVATION (BUILDING A-1) SENA TE ELECTRICAL SCALE 1/8" =1'-0" PREFINISHED FACIA COLOR 1 - COLOR 2 COLOR 3 PREFINISHED ALUMINUM FRAME WI BRONZE TINTED GLASS C/)Z 1'110 ~~ :-iI n;m PJ~ 1'11< ())> :-i-i :::0- --0 ~z r-OJ C r o Z G) )> I ~ (J) () )> r m -'" -- ~ II -'" I q 'I 'j ., :j 'j ,i I cnm rn)> ~~ rM~ rnm r-< rn)> ():j :tio __z ~CJ r-c r o - z G) )> I .....Jr. en () )> r m -" -- ~ II -" ,- q C/)(J) mo <c )::;-1 :--iI rtim PJ~ m< 0)> :--i-l ::0- --0 ~z r-OJ C r o - z G) )> I --\. C/) () )> r m ...... -... ~ II ...... ,- ~ WEST ELEVATION (BUILDING A-2) ADVANCE J. GIANNINI SCALE 1/8" =1'-0" PREFINISHED FACIA COLOR 1 - COLOR 2 --'-I-'~ PREFINISHED ALUMINUM FRAME WI GREY TINTED GLASS NORTH ELEVATION (BUILDING A-2) ADVANCE J. GIANNINI SCALE 1/8" =1'-0" ~m tJ)> ~~ <:m or rnm c-< . )> (j)-t );:0 <:Z ~OJ <:c -- - r o - z G) )> I I\.) (J) () :t> r m --" ~ II --" ,- ~ :bOO 00 ~~ <::I Om rTlr c.....m . < G))> ~:j <::0 <::z -... ~tlJ C r o Z G) )> I I\.) en () )> r m ...... -- ~ II ...... ,- 9 r- ~ B A ill W: PREFINISHED AlUMINUM FASCIA '" <: a: o " ~IO 1;,1- "'''' ~ ..: ..: "r(l~ .1 Tl LIGHT 'ItjURES (LT.) STAINED PRECASl CONCRETE PANElS ANODIZRED ALUMINUM FRAME WITH INSUlATED TINTED GlASS LCONCRETE PATIO (SEE FLOOR PLAN) 3 T CONCRETE STOOP ...;;....J (SEE FLOOR PlAN) A-1.3 L- RECESSED ENTRANCE _ WEST ELEVATION (BUILDING A-1) SCALE: 1/8" = 1'-0" 73'.ff' C I I p - ~ - .. - " 0,0 PRECAS: Pt\NELS - - ~~ - LT. "'''' .. .. ~ .. ..: i ---.- ..: a ~= ~- . - .. . , ~ . '.. ,_.... - " -, '":"":c",,', NORTH ELEVATION (BUILDING_A.,1) SCALE: 1/8" = 1 '-0" c 'M':3 r:::==J LT. ---- -_. . . ... " OLT. f---~---I--- == ..... -.-- - -.-~ .. a r:=J r:=J C:::J .-- ~- _n__ === =.. . ". . .. HOLLOW METAl OVERHEAD DOOR & FRAME DOOR EAST ELEVATION (BUILDINGA-1) SCALE: 1/8" = 1'-0" PREFINISHED ALUM. FASCIA - .. ACCENT REVEALS ~ --.J (lYP.) "'_..n__ I " '0 i m_ .. ! . '~-, > .- . SOUTH ELEVATION (BUILDINGA-1) SCALE: 1/8" = 1'-0" SENA TE ELECTRICAL B A - rr A-2. - PREFINISHEO AlUMINUM FASCIA ~ IGHT FIXTURES STAINED PRECAST ~ 0 CONCRETE PANELS 8 ~", - ". - - WEST ELEVATION (BUIL[)ING A-2) SCALE: 1/8" = 1'-0" I . 'n..' "...... ,.......I"\.....,~, r",,,,,,,,,,, r----- - ACCENT REVEALS I (lYP.) I "- . r- ~ ANODIZRED ALUMINUM FRAME WITH INSULATED TINTED GLASS NORTH ELEVATION (BUILDING A-2) SCALE: 1/8" = 1'-0" c A-2.2 - c b 5> 0 ~ r:=JC Pr:=J 0 L..- n. OVERHEAD HOLLOW METAl OOOR DOOR & FRAME EAST ELEVATION (BUILDING A-2) SCALE: 1/8" = 1'-0" 87'.8' I I .-- S> PRECAST PANELS - - '" '" . . SOUTH ELEVATION (BUILDING A-2) SCALE: 1/8" = 1'-0" ADVANCE J. GIANNINI -r:' ~r ~ 1;> 9 ~ Co .J--- ~ .~--= ~ ~m ~ " <'-l~___ IJ- ~I ~I ~. ~ Co 9- I \- - ~~ ~ re " 1;> ~ ~i--~ 1~ 12'.0" 4'.0' l~ni 84'.CY' 4'.()" FILES 12"2!t 12'.2~~ "L-- 12'.5" 20'-OJ" MATERIAL WAREHOUSE [ill] ....~N ~ OFFICE: 3,379 sq.ft. WAREHOUSE: 2 m ~ TOTAL :. 6,156 sq.ft. 8 L~,,~ J -~'" J 'I, u eLL L'2"CY' 12'.()" ...L A.1.3 ~~,,:___ld 12'-0" 84'.CY' FLOOR PLAN (BUILDING A-1) SCALE: 1/8" = 1'-0" ~J~?=-'~-~m" _~ 012345 10ft. LJH SENA TE ELEC1-RICAL ~ d. i" i . '"". 1;> ~ ~ "', ~ b ~ b M, ~ ~ b ~ b .. 1;> ~ 84'.0" 12'.0" 12'~O. 9 ~ 18'.4" ....~N GENERAL OFFICE [Nj] ~'" ;:' 37'-9" . MATERIAL WAREHOUSE Wi[} ~ 1;> ~ @l 36'.11/' L' d 4"4.~1 II . 12'.0" ~ 12'.0" ~_~_, 12'.1/' 84'.0" FLOOR PLAN ~LJIl.PING A-2) ~ I 012345 10ft. 20ft ADVANCE J. GIANNINI SCALE: 1/8" = 1'-0" 17'-2<< i.N I OFFiCE ~ [LOZJ t.;>1 OFFICE ~ [W] ~~'"" ~ b ~ ~ ~ 12'.CY' -u ~ )> m ;0 en -i -i - )> m r r m m z < r )> )> -i ;0 0 G) z m 0 OJ ~ C - r m 0 en - -i Z m G) r m OJ < )> -i 0 Z OJ C - r 0 - z G) OJ z o C/) () ~ r m z o C/) () ~ r m z o en () :t> r m z o ;0 -i I m r m < )> -i - o z OJ C r o - z G) OJ "'U )> m ;0 )> --I (j) )> --I r m m r Z m r < )> )> ;0 --I G) 0 m z 0 m tIJ )> C - (j) r --I 0 - m z r G) m < tIJ )> --I 0 Z tIJ C - r 0 - z G) tIJ z o U> () )> r m z o U> () )> r m (f) o C --I I m r m < ~ o z OJ C - r o Z G) OJ z o en () :x> r m . WEST ELEVATION (BUILDING - B) SCALE: 1/8" = 1 '-0';- NORTH ELEVATION (BUILDING - B) SCALE: -118'-=-1'-0"- EAST ELEVATION (BUILDING - B) SCALE: 1/8" = 1'-0"- BRICK CORNICE ~- (2) SODIER COURSE - BRICK FACE- I ~ . '\ ~ ~ fo '" ~ ... ;:. 8 I '"' .:. 11: ..... u: . I I -' I :.::l I I I I I I I I I I I I I I I I I I I I I SOUTH ELEVATION (BUILDING - B) . CORNICE DETAIL 1 SCALE: 3/4" - 1'-0" -3. SCALE: 1/8" = 1'-0" . b b '" ~~u-v 55'-~' 110'-0" 55'-0' 4'-6~" 12'-0' <<'.j= ::. .~ 4'-6~' 12'-0" 4'-6~" 2'-1f' 15'-4" 7'-0" 15'-4' 6'-11" 15'-6" 6'-11" 15'-4" 7'-0" 15'-4' 2'-ff' 4'-6~" 12'-0" 4'-6~' 6'-0' 1 " 6'-0' 4'-6~" 12'-0' 4'-6~' 1'-2" 1'-2 43'-6"' a" 21'-1f' a" 43'-6" 1'-2" 52'-ff' 1'- B ___~ __J ~5 "\ ( -:-.~~ =------- ......~"A ;.. ~ ~ ~ ~ '"'-t ... ~ " b I ~ ~ I ~ " . . ~- ~[J I -~~ ---' I -~~ I b I ~ ~ ~ - ~. _1\ (1 [\ (1 I t ~"" ..~ .'.- -- I ~'" ~ ~- ~ f: ~ I I ... - -- I " I I I ~ . ~ " , ~ ~ 2,475 sq" ft. 2,475 sq, ft. I I 2,475 sq. ft. 2,475 sq. ft. ~ , ~ , ., ulL ., -----.l I I - ~ I I I I I I I I I 1,228 sq. ft. I 1,228 sq. ft. 1,228 sq. tt. 1,228 sq. ft. I 1,228 sq. ft. I ; I I I -,'" I I ~'" ;!; :r <> ... ... I I I I I I I ~;A"1 I ~ ~ I ~ ~ ~ I ~ ~I ~ (", I ' .. . ' , . . ' , . . ' , , , , , , , ' , , , , .. ~"ET ;---1 I 'S'CI_::_~_,_ ~:':RTI K:,I ~:':RTI >p:1 ~~.~" J ~~~ /- ._,~ I I ;2, r~{ ~CHI~ ~H ~- I ~,,~ ~HIJ~ ~H ~- I ~CHI~ ~H ~- ~CHI~ MECiliJ:- MECH I JAN. MECH J JAN. MECH f JAN. MECH J JAN. ~ ~ l1"2" .' . L/[ 1"'-- I I~ ~I . ~I I~ ~I I\J 1'-2" l 52'-a" a" 44'.0' a" a" 44'-0" a' 52'-1r' 220'-0' SCALE: 1/8" = 1'-0" FLOOR PLAN (BUILDING - B) ~ .."1 012345 10ft. 20ft, b -' ..- II Co -- ..- li.i ...J <( U en ::::: o i=:: ~ (5 GS o ~ ~ -.I ~ "$$ c:::J b .' ...- II Co -- ...- W ....J <( () en o (!) Z o ....J - :J ID<: zO OJ::: ~~ [ije) LdGS IO I-::?E ~q: O-J Zq: b I ;.- II Co -- -r- W -' <( 0 en , ,\,' <:: o i=:: ~ (3 GS o ~ ~ -J ~ b .' ...- II Co -- ...- Uj ...J <( () ~ en o o o o D o <:: o i=: ~ (3 GS o ~ ~ -.J ~ 0-1.3 D-l.3 D-l.3 ~ PRE FINISHED ALUMINUM FASCIA ~ "- 1i: c <:> bd UGHT .' .-..: FIXTURES ~" (IT)-EI 0: ~ f 1;1~i II ] 1--r'r t~ "- f-- ANODIZED ALUMINUM u: FRAME WITH INSULAT{iD 1= I- =1= TINTED GlASS = 1= L ... .- CONCRETE WAJJ<WAY-----:::::r- - - WEST ELEVATION (BUILDING - D) SCALE: 1/8" = 1'-0" -- D M31 HOll9W METAl DO'j & FRAME NORTH ELEVATION (BUILDING - D) SCALE: 1/8" = 1'-0" I===---]IT-'Ir. II.. '1~~-~ I-:~~~Z~~T~~~~:-;"~ED I .... __ . J. --- -- ---------::::-_ TINTED GtASS I I I ~.____ ! - PRECAST PANElS~ i _ -. -- _ _ ..- _ ... ... -. __ ~ I ... ._ _ ... _ .,. _ _ ._ ._ ... ... ~ ._ _ ... ._ __ _. ._ __ ._ ... ... ... u ... ... ... ._. ... ..._. EAST ELEVATION (BUILDING - D) SCALE: 1-18" = 1:-0" ~ -- }-I_I -==cc== = ]-1. [ l I.L ~ i L c=JlT. c=JlT '------- - ~_...- - OlT. OlT. LI ill .[1 ~. =____t c::=::JcTI '] c::J c::J c::J 0 == ~ 1= = = -- -- - - ~. - ~ .,.... --- - .. OVERHEAD DOOR OVERHEAD DOOR HOLLOW METAl.. DOOR & FRAME - E . SOUTH ELEVATION (BUILDING - D) SCALE: 1/8" = 1'-0" ALAMO EXCA VA TION ~l.q ~l-t~.q ._:;----=O,m '.0"l2'.0:' 8'.0" fO"l2"O:' 8'.0' ,.0,L,.0:, 8'.0" '.0"l2'.0:' 8'-0" '~O~I CONC. .STOOP I 'S'-O'x1Z..()" B . . ~ W b tA po.N,C.W!,L!<WAY II~ b ib c p:r3 -rs::t -~ -"b~ _...& ~}-:!/'- ~ ~ '" ESTIMATING IIID 11'.2" FADI [W] 12"10~" /-~~ ~-A' SUPT II OFFICE CONFERENCE; (N) [ill] [ill] ...tC\l g'_sa 11'-5" f DAN [jQ[] ~ '" b ~ ~'- '" ~ S> it 11'.2" r-- -<;' ':I_-li:I~ ...& ~ ~ 1 .1 5'1 - ~ ~ J ~ 'i-zj "" ~I ~ __ 1 ~ IL- b ~ I ~ ~ I 0'.0" I /---... -----i( 11'-5" "":1C\l :J ~ '" ~ ~ TIM ~HOP MECHANICAL f-" [[@ @j ..-. = ~1J- 5> ~ '" ~ .' lANDING @ 10'<1' .-J ABOVE F.f. -~ EXERCISE AREA ABOVE ABOVE 1_~ 2 DRIVERS IIID b ~ . -~- ~~.Al D~ ., ~ o -' ~ ~ " ~ <{Ii @ ---' ~ ~ -","'- -~ S> ~ ~ 5> ~ SHOP AREA [jJ![) R?'-iI" _":"(\1 ~ =It- -" " ~ 5'1 5' '" ~ -" -..&I.-- 5> ~ @ 5> ~ --g-- -~ "'I 5> ., ~ ---~ I I'!F -----= =~ ~ t,:~li "q .~ 8'.0" ~d 12'.0" 84'.(1' SCALE: 118"" 1'-0" FLOOR PLAN (BUILDING - D) ~~",:I 012345 10ft 20ft ALAMO EXCA VA TION .~~" .. k.., I.. ~ i~ I" NORTH ELEVATION (BUILDING E) PETERSON ROOFING SCALE: 3/32" =1 '-0" PRE FINISHED ALUMINUM FRAME WI BLUE TINTED GLASS lJ rn rM :::0 en o <)> :::0-; 0- 00 "z -- <OJ G')C r o Z G) m (J) () )> r f1:1 w -- w ~ II ...... ~ m )> en -; m r m < ........ ~ ~ fi't ~ "'.--- ~ ,- 1J(J) mo ~c ::0-1 C/)I Om <:~ ::0< 0)> 0-1 ,,0 --z <: G)OJ C r o - z G) m en () )> r m VJ -- VJ ~ II ...... ," ~ L_ ~- ~-_-J o D o o o o -..... n n 1l"'U o 0 )>;0 r r Om o 0 )>:!! ;0 ;0 Z t\) ...... Ui I m o ~~ rMC/) :::o-i C/)m Or <~ :::0)> O-i 00 -"Z -- <OJ G)C - r o - z G) m en () )> r m w W ~ II ..... ,- S1 .... ~ -,.- ..' :'~." ~ r"I '""""'II r..~ """"I!lI! ALUMINUM FASCIA i J J L 1 J I I I ~ I I ANODIZED Al..UMINUM I FRAME WITH INSULATED TINTED GLASS F~ 0 - WEST ELEVATION (BUILDING - E) SCALE: 1/8" = 1'-0" -- Iill':= =ITITr = 1-- ~ ~~~ '" -- -- PRECAST PANELS 1--- ..~ T88~~: TIT .. HIT NORTH ELEVATION (!:lUlL-DING - E) SCALE: 1/8" = 1'.0" ~ '" - - III!~ i II [ 1 J t ][ J 1---- -- I---- cr -- -- . .c= - ACCENT REVEAlS - (lY?_) -f=:--~-- -.---- -- --- = - - PRECAST PMlElS - I-----~ .--. -- -- r--- -- 0 - -- ---~ EAST ELEVATION (BUILDING - E) SCALE: 1/8" = 1'-0" c A D E-1.6 - E-1.6 E-1_6 -- . -- -- I II Jf I i I -- =-===---- -- -- -- -- t--- ="'-""5 = --- ._n -- I 0 oc':JCJ DC ] CJ 0 -- ---- OVERHEAD DOOR HOllOW METAl.. - DOOR & FRAME . SOUTH ELEVATION (BUILDING - E) SCALE: 1/8" = 1'.0" PETERSON ROOFING 0) 1 133'-8" t '"'T-gL-T "" 'u 11 "" , "q '~-~~--'~--J--"~ ! :;, n~_ i' .., ,..~ _ ",n""",',,":,' ~~ ",II ~ . ___ . . . . . . . . . . .. .. _~. . co ~- ~I I II I I I n I ~ I..' (I I H-+t-' II till I CONFERENCE ROOM (\j IIQI) ;:. ~ ~ ':<\>"'1 ~II O'~J.L. I I ~ ~ ~ LY. _ "_ I ~ @ --- '_ I I L ~III OFFICE ~9'" {- ffi ~ F==f11 <0 M ITQ2] ~ '" ii- " <(-;- ~II" ___I . PRODUCT DISPLAY Q I ~ l' [W) ~ b EWC If 8'-4">>," 001 11' ~j €V bl . I - ~ LOC~~~_~~~M& '" , ~~ ~'Ol --'''''''I rR bl b ",:"?'" ~ WAREHOUSE 1I!4J RECEPTION" ~ ~ g ~ "t- l::illJ l~ ~ ~ _ -- "'I r- "I ~ -, ~ ~ I~ @ - 0 ~ , I j 1 l 1N" ~ CB)-I+%r~ ~ ~ - -r- - I - t - - - --;-f1 ~ PRODUCT DISPLAY ~ [!Q[J I ~I ~ ~~"'I ~II H "I ~ ~ ~ 84'-1J' I I 8"1:11 21'-4' !-. OFFICE II OFFICE ~ , ,_, , _, .. , ~_ ., _" ,mID [W) - b' '" " -I I I I I I rJ - r..:..o-:-^; - t=1=1--I~""'I-.='F'f"'I=F'f' I r t'JI I II I r -I . 5- <0 I,.~'- "", '---..- ..",- -- t 'L i I I E 1'4" 3'4' 1'4" I Ii '"~?"~n"" "q, "q L--::--L~ ,q 'M "q L~"" FIRST FLOOR PLAN (BUILDING - E) SCALE: 1/8" = 1'.0" ~:L .r ' DJ 01234510ft. 20ft. I PETERSON ROOFING I. " b ~ 0-'- ~ 5> ~ 9 ~J,~ ~ ~ ~ ~I I"! n @--!- -{-- ~,===.- ;] .. .,----.,~ " """'I 5>1 ~. ~ ~ (Q .-11- 5> ~ cp 133'-[J' 48'-6" 85'-2" ..:L~_L1__ I b ~ I 1'1 ~~'" ~ @J ~I 5> VlCE'PRESIDEJ <li (WJ!1 5>1 ~ I II ~ ~ GENERAL OFFICE I]Q[] ~ g t- - - -t!~ - :is-~ ~MT,I ~ ~I i~ 1 ., I I 0> I '" OPEN BELOW I I I I rilLY ; All I II I ,4 ~ PROJEC~~~l ~I 5>1 5> I <li ~ PLAN 1 ~~<\I STORAGE I, ~ .~ I I ~ ~I +- 1 I :!: L __J ~ 1'->m"7 - - - -1~'1 b 10'-0" 16'-7~' ~ "'9'" 1.; GENERAL OFFICE [WJ I ~ PROJECT MANAGER ~I I] ~ ::0 ~ I WI ~ <li - I ESTIMATING ~ 26'-1" "'&' !'2 b ~ ,1, 8'.0' 12'-(1' 12'-(1' SECOND FLOOR PLAN (6UILDING - E) SCALE: 118" = 1'-0" ~Er. ~J- , 012345 10ft. 20ft. PETERSON ROOFING. r-ll" w GAAOf 3' - 0" 3' - 0" 2' - 0" 2' - 0" b o T UMESTONE CAPS o <:> .q- .q- .. . S' BRtCK STRUCruqt 16"\~ (pet toMl "'.n I 1fT LAGOOlfS '2" CONCRETE ...... '6" 1"10< ~~I...;..r-a:.==:;~I~'tl . lIGHTING REllARS -'-. .~ -.'~~'-, __-.,_'~._'----- ~"-::= ,.m, 8- STONe BAse 10".0" 3' - 0" 3' - 0" 16'.0. 18' 2' - 0" 2' - 0" o o WHITE CHANNEL LETTERS BLACK OUTLINE ON DURONODIC BRONZE RACEWAY .q- .q- UIU ~~~ H 8~~ ,,~ u ~ O. ~i 32 u ~3 fun Zh () ....J ....J o c:: z o I- C) Z en Z ill ~ I- en <1: ill (J) <5 z ::i ...J l- t) W 11. (J) o a: 11. ...,: ::i: ....... o co w Cl <( z Cl Ui "",.. JUNE 4. 2007 PftU.ECT NO SHEET A-7 jc 6/13/07 mla 6/13/07 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN THE NATURE OF A MIXED-USE PLANNED UNIT DEVELOPMENT FOR PROPERTY LOCATED AT 601 EAST KENSINGTON ROAD WHEREAS, Nicholas E. Papanicholas; NEPCO, Inc. ("Petitioner") has filed a petition for a Conditional Use permit in the nature of a Mixed-Use Planned Unit Development with respect to property located at 601 East Kensington Road, ("Subject Property") and legally described as follows: Lot 1 in the Amah-Stone Subdivision of the North 644 Feet of the West 450 of Section 35, Township 42 North, Range 11 East of the Third Principle Meridian, in Cook County Illinois. Property Index Number: 03-35-200-019-0000; and WHEREAS, the "Petitioner" desires to demolish the existing building and create a Mixed-Use Planned Unit Development providing for the construction of five (5) buildings on one (1) lot of record; and WHEREAS, a Public Hearing was held on the request for Conditional Use permit being the subject of PZ-07-07 before the Planning and Zoning Commission of the Village of Mount Prospect on the 26th day of April and the 24th day of May, 2007, pursuant to proper legal notice having been published in the Mount Prosoect Journal & Tooics on the ih day of March, 2007; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the President and Board of Trustees in support of the request being the subject of PZ-07 -07; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the same meets the standards of the Village and that the granting of the proposed Conditional Use permit 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, ILLINOI~ ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth hereinabove are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect do hereby grant a Conditional Use permit, as provided in Section 14.203.F.8 ofthe Village Code, to allow the construction of five (5) buildings on one (1) lot of record at 601 East Kensington Road, as shown on the Site Plan, a copy of which is attached hereto and hereby made a part hereof as Exhibit "A." SECTION THREE: Approval of the Conditional Use permit is subject to complying with the following conditions: 1. Prior to Village Board review, the Petitioner shall: a. Revise the Landscape Plan to include at least 50% year-round plant materials along the perimeter of the Subject Property. b. Revise the west and north elevations of the retail building to include architectural and roofline interest, and distinguishing it as retail space. c. Prepare color renderings of the buildings. 2. The Petitioner shall prepare plans in general conformance with the site plan prepared by NEPCO, dated May 8, 2007. 3. The Petitioner shall repair the existing Kensington Business Center entry sign located at the southeast corner of Kensington and Wheeling Roads. n PZ-07-07, 601 Kensington Road Page 2/2 4. The hours of operation shall conform with the information submitted on the Petitioner's letter dated May 9, 2007 and normal hours shall not extend past 7:00 a.m. and 10:00 p.m. 5. Prior to submitting for a Building Permit, the Petitioner shall prepare plans that provide additional hydrants as required by Village Code. 6. The Petitioner shall provide the Fire Department access to the secured outdoor storage areas through the Knox rapid key entry system, which includes electric key switches ands/or padlocks. 7. The Petitioner shall prepare a plat of easement establishing a cross access agreement that ensures shared parking for the unsecured parking spaces and access to all driveways. 8. The Petitioner must provide cross access and shared parking easements that benefit each building owner. These easements must be illustrated on the PUD Plat and documented in the Association documents. 9. The site shall be developed in accordance with all Village Codes and regulations. 10. No material storage in yards; temporary material storage not to exceed 24 hours. 11. Reduce fence height as applicable or eliminate fences if not needed. SECTION FOUR: That 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 FIVE: 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: PASSED and APPROVED this day of June, 2007. Richard M. Lohrstorfer Mayor Pro Tem ATTEST: M. Lisa Angell Village Clerk H:\CLKO\files\WIN\ORDINANC\C. USE. PZ07 -07, 601 kensingtonNepcojune2007 .doc ,/ MEMORANDUM Village of Mount Prospect Community Development Department TO: VILLAGE MANAGER MICHAEL E. JANONIS FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JUNE 7, 2007 SUBJECT: MINOR UPDATES TO ENVIRONMENTAL HEALTH RELATED VILLAGE COD , CHAPTERS 7, 19, 21, AND APPENDIX A Attached is an ordinance correcting several small errors (omission or conflicts with other code sections) in code sections related to areas overseen by Environmental Health. Needed corrections are found in Chapter 7, Sign Regulations; Chapter 19, Health Regulations; Chapter 21, Building Code; and Chapter 23, Offenses and Miscellaneous Regulations. To summarize these requested changes: 1. Correction to Appendix A, Division 11,19.310 - Administrative Fee for nuisance abatement. Section 19.310 of the Village Code requires a nuisance violator to pay both the cost of abatement and an administrative fee. The corresponding text found in Appendix A, Section II, Section 19.310 reads $50.00 per day, and should instead read "Nuisance abatement fee: up to $200." The $50 fee relates to administrative fees for nuisances covered under Chapter 23. 2. Correction to Sign Code Regulations, 7.205.H - Less restrictive language needed Section 7.205 Exempt signs limits decorations for "national" holidays to a period not to exceed sixty days. The text should strike the word "national" to broaden the application to all holiday signs and decorations. 3. Correction to Sign Code Regulations, 7.205.L - Consistent Policy of permitted Garage Sales Section 23.1903: LIMIT ON LENGTH AND FREQUENCY OF SALES, limits garage sales to 3 a year, while Section 7.205.L limits to 2 per year. The latter is changed to allow 3 per year, as per current policy and practice. 4. Correction to Health Regulations, 19.403 - Regular inspections of beauty culture establishments The State of Illinois inspects barbers and beauticians. The Village Environmental Health Department only inspects these establishments on a complaint basis. Therefore the proposed text amendment, striking the requirement of staff "to inspect every six months" will match staff practice and Village resources. 5. Correction to Health Regulations, 19.404.E - Sanitation requirements of beauty culture establishments Section 19.803, entitled, "Smoking Prohibited" of Chapter 19, entitled "Health Regulations" prohibits smoking in public places. Section 19.404.E created sanitation requirements for daily cleaning of ash trays, smoking stands, or sand jars. Therefore the proposed text amendment strikes 19.404.E. Additionally, 19.404.F is renamed 19.404.E. E Minor updates to Environmental Health-related village code, Chapters 7, 19,21, and Appendix A June 7, 2007 Page 2 6. Deletion of 21.605 requiring permits for boarding of exterior openings in vacant structures. Section 21.605 requires openings of vacant structures to be covered with painted boards and a $50 building permit to be obtained. Section 23.2506: OBLIGATIONS OF OWNERS OF STRUCTURES CONSTITUTING AN IMMEDIATE HAZARD, adopted in Ord. 5536 on January 17,2006, created a Vacant Structure Registration program to address this property maintenance issue. Therefore, this proposed text amendment asks that Section 21.605 and the corresponding fee found in Appendix A, Division II, 21.605 both be deleted in their entirety. RECOMMENDATION The attached ordinance corrects the above errors. Passage of this ordinance is requested. w'~! Willi m J. Cooney, ICP ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 7,19,21 AND APPENDIX A OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS 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 1: Subsection H of Section 7.205, "Exempt Signs," of Article II, "Scope" of Chapter 7 of the Mount Prospect Village Code shall be amended to delete the word 'national' to be and read: H. Holiday Signs and Decorations: Signs or decorations customarily displayed in conjunction with a holiday for a period not to exceed sixty (60) days. SECTION 2: Subsection L of Section 7.205, "Exempt Signs" of Article II, "Scope", of Chapter 7 of the Mount Prospect Village Code shall be amended to delete the word "twice" and replace it with "three (3)" to be and read as follows: L. Garage, Yard Sale: Signs which advertise a private garage or yard sale on the lot on which the sign is located; provided such signs are displayed no more than three (3) times per year per dwelling unit for a period not to exceed three (3) days. SECTION 3: Section 19.403, "Inspections", of Article IV, "Beauty Culture Establishments", of Chapter 19 of the Mount Prospect Village Code shall be amended to delete the phrase "to inspect every six months or", to be and read as follows: It shall be the duty of the Health Inspector to inspect every beauty culture establishment licensed under this Article as often as necessary to ensure compliance with this Article and all other ordinances relating thereto. In case the Health Inspector discovers the violation of any item of sanitation required in this Article, he shall send written notice to the operator stating the violation noted and specifying the time for correction; he shall make a second inspection after the lapse of such time as he deems necessary for the defect to be remedied, and the second inspection shall be used in determining compliance with the sanitation standards required under this Article. Such license may be revoked upon violation after an opportunity for a hearing by the Board of Health upon serious or repeated violation. (Ord. 1161,7-5-1966) SECTION 4: Subsection E of Section 19.404, "Sanitation Requirements", of Article IV, "Beauty Culture Establishments", of Chapter 19 of the Mount Prospect Village Code shall be deleted in its entirety and the remaining subsection re-Iettered alphabetically. 11:\CLKO\fiIcs\\VIN\ORDINANC\MP Ord Amd CIl 19 ('orrccl Nuisance Admin Fce.D()C SECTION 5:Section 21.605, "Exterior Openings in Vacant Structures", of Article VI, "Property Maintenance Code", of Chapter 21 of the Mount Prospect Village Code shall be deleted in its entirety. SECTION 6: Section 21.605, "Exterior Openings in Vacant Structures", of Appendix A, Division II, "Fees, Rates, and Bonds", of the Mount Prospect Village Code, shall be deleted in its entirety. SECTION 7: Section 19.310, "Nuisances; Abatement", of Chapter 19, "Health Regulations", of Appendix A, Division II, "Fees, Rates and Bonds", of the Mount Prospect Village Code shall be amended to delete the phrase "$50.00 per day" and replace it with "up to $200.00", to be and read as follows: Nuisance abatement fee: up to $200.00. SECTION 8: That 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: PASSED and APPROVED this day of ,2007 Richard M. Lohrstorfer Mayor Pro T em ATTEST: M. Lisa Angell Village Clerk H:\CLKO\files\WIN\ORDINANC\MP Ord Amd Ch 19 Correct Nuisance Admin Fee.DOC H:\CLKO\filcs\WIN\ORDJNANC\MP Ord Arnd eh 19 Corfect Nuisance Admin Fcc.DOC RESOLUTION NO. A RESOLUTION AUTHORIZING THE VILLAGE OF MOUNT PROSPECT TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE VILLAGE OF ELK GROVE VILLAGE FOR THE USE OF THE VILLAGE OF MOUNT PROSPECT JAIL FACILITY WHEREAS, the Village of Mount Prospect is a home rule municipality and pursuant to the Illinois Constitution, Article VII, Section has certain powers which it is exercising; and WHEREAS, Section 10 of Article VII of the Constitution of the State of Illinois and the Intergovernmental Cooperation Act at ILCS 220/1 et.seq. allow and encourage intergovernmental cooperation; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect has deemed that the best interests of the Village may be served by entering into intergovernmental agreements; and WHEREAS, the Village of Mount Prospect and the Village of Elk Grove Village agree that it would be in the best interests of the citizens to allow the Village of Elk Grove Village to use the jail facilities at Mount Prospect while the Village of Elk Grove Village's new administrative and public safety complex is being constructed. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE' That the President and Board of Trustees of the Village of Mount Prospect are hereby authorized to execute the Intergovernmental Agreement regarding the use of the Mount Prospect Jail Facility, attached hereto and made a part of this Resolution as Exhibit "A." SECTION TWO: That this Resolution shall be in full force and effective from and after its passage and approval in the manner provided by law. AYES: NAYS: PASSED and APPROVED this 51 day of June, 2007. Richard M. Lohrstorfer Mayor Pro Tern ATTEST: M. Lisa Angell Village Clerk H:\CLKO\files\WI N\RES\I ntergovt Ag rmtegvjailfacilityju ne2007 .doc ? RESOLUTION NO. 36-07 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE VILLAGE OF ELK GROVE VILLAGE REGARDING THE USE OF THE VILLAGE OF MOUNT PROSPECT JAIL FACILITY NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached documents marked: INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE VILLAGE OF ELK GROVE VILLAGE REGARDING THE USE OF THE VILLAGE OF MOUNT PROSPECT JAIL FACILITY a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 5 NAYS: 0 ABSENT: 1 PASSED this 22Rdday of May 2007. APPROVED this 22Rd day of May 2007. APPROVED: Mavor Craie: B. Johnson Village of Elk Grove Village ATTEST: Ann I. Walsh. Villae:e Clerk Res Intergovernmental Pol iceStatio!1Prospect 1 INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE VILLAGE OF ELK GROVE VILLAGE REGARDING USE OF THE MOUNT PROSPECT JAIL FACILITY THIS AGREEMENT is entered into by and between the Village of Mount Prospect and the Village of Elk Grove Village. WITNESSETH: WHEREAS, the Village of Mount Prospect and Elk Grove Village are home rule municipalities and pursuant to the Illinois Constitution, Article VII, Section 8, have certain powers which they are exercising; and WHEREAS, Section 10 of Article VII of the Constitution of the State of Illinois and the Intergovernmental Cooperation Act at ILCS 220/1 et.seq. allow and encourage intergovernmental cooperation; and WHEREAS, the Villages agree that it would be in the best interests of the citizens to allow the Village of Elk Grove Village to use the jail facilities at Mount Prospect while the Village of Elk Grove Village's new administrative and public safety complex is being constructed. NOW, THEREFORE, in consideration of the mutual agreements contained in this Agreement, the Village of Mount Prospect and the Village of Elk Grove hereby agree as follows: Section 1: The Village of Elk Grove Village Police Department may transport any prisoners or individuals that have been arrested to the Mount Prospect jail during the jail remodeling period in 2007-2009. . Section 2: That the Village of Elk Grove Village Police Department may transport persons to the Mount Prospect facility pursuant to the terms and conditions as follows: A. Elk Grove Village agrees to be responsible for meals for prisoners, transportation of prisoners to and from court and for medical purposes or for reimbursement for cost of same in an emergency. B. Elk Grove Village agrees to be responsible for damages caused by prisoners to the Mount Prospect property and for medical or hospital costs mandated by statute to be paid on behalf of the prisoner. C. Elk Grove Village hereby agrees to defend, indemnify and hold Mount Prospect harmless for all actions, claims, causes of action, suits, damages and demands and defenses of which may be brought against Mount Prospect or 2 any officer or agent of Mount Prospect as a result of Elk Grove Village's use of the Mount Prospect Police Detention facility. D. Elk Grove Village shall provide all services, including but not limited to the processing, jailing, prisoner checks, bonding out and releasing of all prisoners transported to the detention facility by Elk Grove Village. E. Elk Grove Village officers shall abide to the Mount Prospect Police Department policies regarding detention of prisoners. A copy of this policy shall be provided to Elk Grove Village upon passage and approval of this Agreement. F. Elk Grove Village agrees to write into their action plans contingency efforts in regards to capacity issues if the Mount Prospect police detention facility becomes full or emergency circumstances dictate not accepting Elk Grove Village prisoners. Amendments to the terms and conditions may be made upon written mutual agreement of the Police Chief of the Mount Prospect and the Chief of Police of the Village of Elk Grove Village. Section 3: That this Agreement shall become effective upon passage and approval of all parties governing law this Agreement shall be construed in accordance with the laws and Constitution of the State of Illinois. Its execution and delivery by both the Villages will remain in full force and effect until either party gives written notice to the other of its cancellation. VILLAGE OF MOUNT PROSPECT BY: Village President ATTEST: VILLAGE OF ELK GROVE VILLAGE BY: Mavor Craig B. Johnson ATTEST: Ann Walsh. Village Clerk 3 INTEROFFICE MEMORANDUM Mount Prospect Village of Mount Prospect Mount Prospect, Illinois TO: VILLAGE MANAGER MICHAEL E. JANONIS FROM: ASSISTANT VILLAGE MANAGER DATE: MAY 31,2007 SUBJECT: 401 (A) SENIOR MANAGEMENT CONTRIBUTION PLAN Staff has prepared a plan for Village Board consideration to implement a 401 (a) matching contribution plan for senior management positions including Department Directors, Directors, Deputy Directors, and the Village Clerk. Similar plans are available to employees in these positions in other communities. These plans are structured in an effort to encourage longer tenure among management personnel and recognize the additional uncompensated work time that is required of employees assigned to these positions. The proposed plan is intended to allow the employee to make deferred contributions in which the Village will match based on the number of years of service the employee has worked for the Village. The maximum Village contribution is .25% of the employee's wage for each year of service up to a maximum Village contribution of 2.5% of wages at ten years of service. The projected annual cost of the plan is $38,000 per year assuming all employees participate and contribute the maximum allowed by eligibility. The annual cost will increase as wages increase and as employees reach the 10 year level of service. At this time only 4 of the 17 eligible employees are not at the maximum contribution level with at least 10 years of service. Any replacements of employees in these positions hired after July 1, 2007 must work for the village a minimum of 5 years before they will vest in the program to obtain the Village contribution upon termination or retirement. I would recommend approval of the attached resolution to implement the 401 (a) Money Purchase Plan. ~&fY David Strahl H:\ADMN\DS\DH Tax Deferred Contribution VB Approval Request Memo.doc c; ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT PLAN NUMBER 10- "'330 The Emp'loyer hereby establishes a Money Purchase Plan and Trust to be known as ~OUl.J't' Pltoaf6et' ~IC)A. .M.t.pA"~01 PtAA> (the "Plan") in the form of the ICMA RC Governmen- tal Money Purchase Plan and Trust. [906] This Plan is an amendment and restatement of an existing defined contribution money purchase plan. Yes -L No If yes, please specify the name of the defined contribution money purchase plan which this Plan hereby amends and restates: I. Employer: \hLLALt" t:JF MOfJpf" f(ltoSP<<.1" [902] II. The Effective Date of the Plan shall be the first day of the Plan Year during which the Employer adopts the Plan, unless an alternate Effective Date is hereby specified: Df.. I'J 1- ....C>~~ III. Plan Year will mean: r/v The twelve (12) consecutive month period which coincides with the limitation year. (See Section 5.03(g) of the Plan.) ( ) The twelve (12) consecutive month period commencing on IV. Normal Retirement Age shall be age ~ S" (not to exceed age 65). and each anniversary thereof. [288] v. ELIGmILITY REQUIREMENTS: 1. The following group or groups of Employees are eligible to participate in the Plan: ~ All Employees All Full-Time Employees Salaried Employees Non-union Employees Management Employees Public Safety Employees General Employees Other (specify below) o..l I ~ A"""'A~f(Me.o.,. ~ The group specified must correspond to a group of the same designation that is defined in the statutes, ordinances, rules, regulations, personnel manuals or other material in effect in the state or locality of the Employer. MPP Adoption Agreement 1/30/2006 2. The Employer hereby waives or reduces the requirement of a twelve (12) month Period of Service for participation. The required Period of Service shall be ~(write N/ A if an Employee is eligible to participate upon employment). If this waiver or reduction is elected. it shall apply to all Employees within the Covered Employment Classification. 3. A minimum age requirement is hereby specified for eligibility to participate. The minimum age requirement is bllA- (not to exceed age 21. Write N/ A if no minimum age is declared.) VI. CONTRIBUTION PROVISIONS I. The Employer shall contribute as follows (choose one): t/v FIxed Employer Contributions With Or Without Mandatory Participant ContributiOlB. The Employer shall contribute on behalf of each Participant . ,"S % of Earnings or $ for the Plan Year (subject to the limitations of Article V of the Plan). A Participant is required to contribute (subject to the limitations of Article V of the Plan) (i) % of Earnings. ? See A ffAelf,ffGN-r :tl: '3 (ii) $ . or (iii a whole percentage of Earnings. as designated by the Employee in accordance with guidelines and procedures established by the Employer for the Plan Year as a condition of participation in the Plan. (Write "0" if no contribution is required.) If Participant Contributions are required under this option. a Participant shall not have the right to discontinue or vary the rate of such contributions after becoming a Plan Participant. The Employer hereby elects to "pick up" the Mandatory/Required Participant Contribution. L Yes No [621J [Note to Employer: Neither an IRS advisory letter nor a determination letter issued to an adopting Employer is a ruling by the Internal Revenue Service that Participant contributions that are picked up by the Employer are not includable in the Participant's gross income for federal income tax purposes. The Employer may seek such a ruling. Picked up contributions are excludable from the Participant's gross income under section 414(h)(2) of the Internal Revenue Code of 1986 only if they meet the requirements of Rev. Ruls. 81-35 and 81-36. 1981-1 C.B. 255. and 87-10. 1987-1 C.B. 136. Those requirements are (1) that the Employer must specify that the contributions. although designated as employee contributions, are being paid by the Employer in lieu of contributions by the employee; (2) the employee must not have the option of receiving the contributed amounts directly instead of having them paid by the Employer to the plan; and (3) the required specification of designated employee contributions must be completed before the period to which such contributions relate.] ( ) Fixed Employer Match of Participant Contributions. The Employer shall contribute on behalf of each Participant _% of Earnings for the Plan Year (subject to the limitations of Article V of the Plan) for each Plan Year that such Participant has contributed _ % of Earnings or $_. Under this option. there is a single. fixed rate of Employer contributions. but a Partici- pant may decline to make the required Participant contributions in any Plan Year. in which case no Employer contribution will be made on the Participant's behalf in that Plan Year. 2 MPP Adoption Agreement 1/30/2006 <}v Variable Employer Match Or Participant Contributions. The Employer shall contribute on behalf of each Participant an amount determined as follows (subject to the limitations of Article V of the Plan): _% of the contributions made by the Participant for the Plan Year (not including Participant contributions exceeding _ % of Earnings or $ ); PLUS _% of the contributions made by the Participant for the Plan Year in excess of those included in the above paragraph (but not including Participant contributions exceeding in the aggregate _% of Earnings or $ ). Employer Contributions on behalf of a Participant for a Plan Year shall not exceed $ whichever is _ more or _less. or _% of Earnings. 2. Each Participant may make a voluntary (unmatched). after-tax contribution. subject to the limitations of Section 4.05 and Article V of the Plan. Yes y. No 3. Employer contributions and Participant contributions shall be contributed to the Trust in accordance with the following payment schedule: SE.h A"'"f"AaHA~AJr' -:ii.;2.. VII. EARNINGS Earnings. as defined under Section 2.09 of the Plan. shall include: (a) Overtime Yes ~ X No (b) Bonuses Yes No VIn. LIMITATION ON ALLOCATIONS If the Employer maintains or ever maintained another qualified plan in which any Participant in this Plan is (or was) a partici- pant or could possibly become a participant. the Employer hereby agrees to limit contributions to all such plans as provided herein. if necessary in order to avoid excess contributions (as described in Sections 5.02 of the Plan). I. If the Participant is covered under another qualified defined contribution plan maintained by the Employer. the provisions of Section 5.02(a) through (f) of the Plan will apply unless another method has been indicated below. ) Other Method. (Provide the method under which the plans will limit total Annual Additions to the Maximum Permissible Amount. and will properly reduce any excess amounts. in a manner that precludes Employer discretion.) 2. The limitation year is the following 12-consecutive month period: MPP Adoption Agreement 1/30/2006 3 IX. VESTING PROVISIONS The Employer hereby specifies the following vesting schedule. subject to (1) the minimum vesting requirements as noted and (2) the concurrence of the Plan Administrator. Years of Service Completed Zero One Two Three Four Five Six Seven Eight Nine Ten Percent Vesting [234-239] -1L% -'L- % ---'L- % ~% ~% JQtL % % _% % % _% ~~ A'f"-r A C f..{ M6AJ"" .:#' 3 X. Loans are permitted under the Plan. as provided in Article XIII: Yes ~ No [751] XI. The Employer hereby attests that It Is a unit of state or local government or an agency or Instrumentality of one or more units of state or local government. XII. The Plan Administrator hereby agrees to inform the Employer of any amendments to the Plan made pursuant to Section 14.05 of the Plan or of the discontinuance or abandonment of the Plan. XIII. The Employer hereby appoints the ICMA-RC as the Plan Administrator pursuant to the terms and condi- tions of the ICMA-RC GOVERNMENTAL MONEY PURCHASE PLAN & TRUST. The Employer hereby agrees to the provisions of the Plan and Trust. XlV. The Employer hereby acknowledges it understands that failure to properly fln out this Adoption Agreement may result In disqualification of the Plan. XV. An adopting Employer may rely on an advisory letter Issued by the Internal Revenue Service as evidence that the Plan Is qualified under section 401 of the Internal Revenue Code. In Witness Whereof. the Employer hereby causes this Agreement to be executed on this _ day of ,200_. EMPLOYER By: ICMA RC .. .' r. I f' . .", '. ' ,. , ." f '.J1 :: /. ..,,. ~., J ,.. , ., '- tI....~. \ ! '14' 1"0 I- -. -::'1 . By: Title: Corporate Secretary Title: Attest: 4 MPP Adoption Agreement 1/3012006 Attachment #1 . Village Manager . Assistant Village Manager . Finance Director . Deputy Finance Director . Community Development Director . Deputy Community Development Director . Human Services Director . Deputy Human Services Director . Police Chief . Deputy Police Chief . Fire Chief . Deputy Fire Chief . Public Works Director . Deputy Public Works Director . Human Resources Director . Information Technology Director . Village Clerk Attachment #2 Employees may contribute a maximum of 2.5% of wages at 10 years of service. The example of the break down of the contribution level maximum per year is below. Years of Employer Employee Service Contribution Contribution Total 1 .25% .25% .5% 2 .5% .5% 1% 3 .75% .75% 1.5% 4 1% 1% 2% 5 1.25% 1.25% 2.5% 6 1.5% 1.5% 3% 7 1.75% 1.75% 3.5% 8 2% 2% 4% 9 2.25% 2.25% 4.5% 10 2.5% 2.5% 5% Attachment #3 1. Any employee hired into the positions listed in Attachment #1 after July 1, 2007 would be required to work for the Village a minimum of five years and contribute to the plan for a minimum of five years before the funds contributed by the Village in matching funds would be available to the employee at the time of termination or retirement from Village employment. 2. Employees that meet the criteria in terms of service tenure or already appointed to the positions listed in Attachment #1 would be eligible to participate immediately without a waiting period beyond what is already defined. 3. In order to participate in the plan the employee must contribute a minimum of .25% of their annual wages for each year of service the employee has with the Village. The Viliage will match the employee contribution to a minimum of .25% of wages for each year of service to the Village. 4. Employees may contribute a maximum of 2.5% of wages at 10 years of service. The example of the break down of the contribution level maximum per year is provided in Attachment #2. 5. Participation is voluntary in the program. 6. The funds that the employee and the employer contribute are available to the employee upon termination or retirement. There is no minimum age for the employee to attain in order to obtain the funds. 7. All contributions will be made on a per payroll basis. 8. There are no loan provisions available to the employee. H:\ADMN\DS\DH 401a Contribution Attachments.doc RESOLUTION NO. A RESOLUTION FOR A LEGISLATIVE BODY RELATING TO A MONEY PURCHASE PLAN WHEREAS, the Village of Mount Prospect has employees rendering valuable services; and WHEREAS, the establishment of a money purchase retirement plan benefits employees by providing funds for retirement and funds for their beneficiaries in the event of death; and WHEREAS, the Village of Mount Prospect desires that its money purchase retirement plan be administered by the ICMA Retirement Corporation and that the funds held in such plan be invested in the Vantage Trust, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans: NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The Village of Mount Prospect hereby establishes or has established a money purchase retirement plan (the "Plan") in the form of the ICMA Retirement Corporation Governmental Money Purchase Plan & Trust, pursuant to the specific provisions of the Adoption Agreement attached hereto and made a part hereof as Exhibit "A". The Plan shall be maintained for the exclusive benefit of eligible employees and their beneficiaries. SECTION TWO: The Mayor and Board of Trustees of the Village hereby execute the Declaration of Trust of the Vantage Trust, and attached hereto as Appendix B, intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the Village of Mount Prospect, if the assets of the Plan are to be invested in Vantage Trust. SECTION THREE: The Village of Mount Prospect hereby agrees to serve as trustee under the Plan and to invest funds held under the Plan to appropriate departments. SECTION FOUR: The Assistant Village Manager shall be the coordinator for the Plan; shall receive reports, notices, etc., from the ICMA Retirement Corporation of the Vantage Trust; shall cast, on behalf of the Village of Mount Prospect, any required votes under the Vantage Trust; may delegate any administrative duties relating to the Plan to appropriate departments; and SECTION FIVE: The Village of Mount Prospect authorizes the Assistant Village Manager to execute all necessary agreements with the ICMA Retirement Corporation incidental to the administration of the Plan. SECTION FIVE: This Resolution shall be in full force and effect upon its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of June 2007. Richard M. Lohrstorfer Mayor Pro Tem ATTEST: Lisa Angell Village Clerk H:\CLKO\files\WIN\RES\ICMApurchaseplan2007.doc RESOLUTION NO. A RESOLUTION REQUESTING CLOSURE OF A PORTION OF CENTRAL ROAD IN ORDER TO CONDUCT A PARADE WHEREAS, the Village of Mount Prospect desires to hold the annual Independence Day Parade on a portion of Central Road and Elmhurst Road (Route 83) in the Village of Mount Prospect on Wednesday, July 4, 2007; and WHEREAS, said parade will require closure of that portion of Central Road between Northwest Highway and Busse Road, the curb lane of Westbound Central Road between Busse Road and Arthur Street, and Elmhurst Road (Route 83) between Northwest Highway and Golf Road; and WHEREAS, the State of Illinois requires that the Village assume all responsibility and liability involved in the closure of said State roadways. 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 Village of Mount Prospect hereby requests the State of Illinois, Highway Department, to close Central Road between Northwest Highway and Busse Road, the westbound curb lane of Central Road between Busse Road and Arthur Street, and Elmhurst Road (Route 83) between Northwest Highway and Golf Road between the hours of 1 :00 P.M. and 3:00 P.M. in order to conduct the annual July 4th Parade, a copy of which parade route and requested roadway closures is attached hereto. SECTION TWO: That the Village of Mount Prospect will assume full responsibility for the direction, protection and regulation of traffic during the time the detour is in effect and all liability for damages of any kind occasioned by the closure of the aforementioned roadways. SECTION THREE: That the Village of Mount Prospect will provide for efficient, all weather detour signs, to be maintained, conspicuously marked and judiciously patrolled by the Police Department for the benefit of traffic diverted as a result of the street closure requested herein. SECTION FOUR: 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 th day of June, 2007. Richard M. Lohrstorfer Mayor Pro T em ATTEST: M. Lisa Angell ~ Village Clerk H:\CLKO\files\WIN\RES\Close streets-parade,2007.doc Village of Mount Prospect Community Development Department MEMORANDUM DATE: MICHAEL E. JANONIS, VILLAGE MANAGER DIRECTOR OF COMMUNITY DEVELOPMENT JUNE 12, 2007 LEASE AGREEMENT FOR CAPANNARIICE CREAM PARLOR IN GENERAL STORE B D mtehn~ h-\q 8 TO: FROM: SUBJECT: Attached to this memorandum is a copy of a lease that would extend the agreement with Capannari Ice Cream Company to operate an ice cream parlor in the General Store on Pine Street. The lease would allow Capannari to continue to occupy the entire General Store facility and has a term of five years, with additional five-year options. Capannari will pay the Village $1,350 per month ($18 per square foot) during the first year with annual increases tied to the Consumer Price Index thereafter. Capannari's has successfully operated their ice cream parlor in the General Store for the past 5 years. They have been a great addition to the downtown and continue to be one of the biggest draws to the downtown area. The attached lease allows them to continue their operation and further clarifies each party's responsibilities for the building and property. Please forward this memorandum and attached lease to the Village Board for their review and consideration at their June 19th meeting. Staff will be at the meeting to answer any questions related to this matter. ~~. ~'^' William J. ooney Jr. H:\ADMN\BILL\MEMOS\capannarilease-061907.doc LEASE AGREEMENT DOWNtOWN GENERAL STORE - RETAIL SPACE This Lease Agreement (the "Lease") is dated as of the _day of , 2007 (the "Effective Date") and is made by and the VILLAGE OF MOUNT PROSPECT, an Illinois municipal corporation whose principal place of business is located at 50 South Emerson Street, Mount Prospect, Illinois (the "Landlord") and CAPANNARI, INC, an Illinois corporation whose principal place of business is located at (the ''Tenant''). Landlord and Tenant are together, the "Parties". WITNESSETH. WHEREAS, Landlord and Tenant have entered into a Lease dated March 3, 2001 for the leasing of the building located at 1 0 South Pine Street, Mount Prospect, Illinois (the "Current Lease"). The term of the Current Lease was for five (5) years with 1-5 year option to renewal; and WHEREAS, Landlord and Tenant desire to enter into a new lease for the leased premises leased under the Current Lease under new terms and conditions, including rental; and NOW, THEREFORE, in consideration of the Current Lease, the parties hereto agree as follows: 1 ) CURRENT LEASE. Upon the execution of this Lease, the Parties obligations under the Current Lease shall merge into this Lease and thereafter the Current Lease shall be of no further force and effect. 2) LEASED PREMISES. In consideration of the rentals reserved herein and the agreements made herein by the Parties hereto, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord approximately nine hundred (900) square feet of space in the building, commonly known as the "Downtown General Store" located at 1 0 South Pine Street, Mount Prospect, Illinois, together with the outside dining area and the parking area appurtenant to the building for the Term and upon the terms, covenants, and conditions set forth herein. The building, outside dining area and parking area appurtenant to the building collectively, the "Leased Premises". 3) USE OF THE LEASED PREMISES. Tenant shall use the Leased Premises for retail sales of ice cream and ice cream related products to the general public benefiting the citizens of the Village of Mount Prospect (the "Use"). 4) TERM. The term of this Lease shall be for five (5) years (the "Term"). The Term shall commence on May 1, 2007 (the "Commencement Date") and shall terminate on April 30, 2011,S-years from the Commencement Date (the "Expiration Date") . iManage:193723_1 5) RENEWAL OPTION. Provided the Tenant is not in default hereunder, Landlord grants to Tenant one (1) five year (5-year) renewal option to extend the Term (the "Renewal Option"). The Renewal Option shall be exercisable on written notice by Tenant to Landlord no later than ninety (90) days prior to the Expiration Date ("Renewal Notice"). During the Renewal Option, all provisions of this Lease will be effective, and references to Term will incorporate the Renewal Option. 6) RENT. (A) Tenant shall pay as rental for the Leased Premises the sum of ONE THOUSAND THREE HUNDRED FIFTY DOLLARS ($1,350.00) per month (or a proportionate share thereof for any partial month) for the first year of the Term, payable in advance on the first day of each month of the Term (the foregoing, the "Base Rent"). The first payment of accrued Base Rent shall be due on September 1, 2007. Rental payments shall be forwarded to the attention of the Finance Director, Village of Mount Prospect, 50 South Emerson Street, Mount Prospect, Illinois 60056. (B) Commencing on the second and each successive lease year of the Term, the Base Rent shall be increased by an amount which is determined by multiplying the Base Rent of the just prior lease year (the "Evaluation Year") by a fraction, the denominator of which is the most recently available CPI (hereafter defined) nearest to the Commencement Date, and the numerator of which is the equivalent monthly CPI occurring just prior to January 1 st of an Evaluation Year. (For example, if the most recently available CPI nearest to the Commencement Date is 314.5 and the equivalent monthly CPI occurring just prior to the Evaluation Date is 326.8, then the Base Rent would be multiplied by the fraction 326.8/314.5). "CPI" shall mean Consumer Price Index for all Urban Consumers, U.S. City Average, all items (1982-84=100), not seasonally adjusted, published and issued by the Bureau of Labor Statistics of the United States Department of Labor or any other index which replaces current CPI. (C) No payment of rent to or received by Landlord of a lesser amount than the amount required to be paid hereunder shall be deemed to be other than on account of the earliest amount of such obligation then due hereunder. No endorsement or statement on any check or other communication accompanying a check for payment of any amount payable hereunder shall be deemed an accord and satisfaction, and Landlord may accept such check and payment without prejudice to Landlord's right to recover the balance of any sums owed by Tenant hereunder. (D) In the event any sums required hereunder to be paid are not received by Landlord on or before the fifth (5th) business day after the date such sum was due, Tenant shall pay, a sum equal to five percent (5%) of the overdue amount. In addition, any amount due hereunder shall bear interest from the date due until paid at a rate equal to twelve percent (12%) per annum. The foregoing shall be deemed additional rent. 7) ADDITIONAL CHARGES. Tenant shall pay all water and sewer charges, telephone, gas and electric light and power bills, garbage collection fees and insurance iManage:193723_1 premiums during the Term hereof. Tenant shall make timely payment of all fees and taxes due and owed to the Village of Mount Prospect, including but not limited to, water and sewer charges, food and beverage taxes, sales taxes and business license fees. Tenant's failure to pay such fees and charges within thirty (30) days of their respective due dates shall constitute a default hereunder. 8) TENANT'S HOURS OF OPERATION. Tenant will maintain the following hours of operation: Monday through Friday Saturday Sunday 11 :00 AM 11 :00 AM 11 :00 AM to to to 11:00 PM 11:00 PM 10:00 PM The above hours may be modified by Tenant only with the prior written consent of the Landlord, which consent shall not be unreasonably withheld. 9) STANDARDS OF SERVICE. Tenant will carry out and perform all operations and services in a professional manner and in keeping with high standards for customer service and cleanliness. Tenant will be in default if in the event, in the Landlord's reasonable judgment, Tenant is not meeting the foregoing standards and Tenant has not cured such default within ten (10) days of Tenant's receipt of written notice from Landlord. 10) LICENSE AND PERMITS. Tenant will obtain all licenses and permits necessary and required to conduct its business required under the terms of this Lease and will conduct its business in compliance with all Landlord regulations. 11) LEASED PREMISES MAINTENANCE. (A) Unless otherwise provided in this Paragraph, Tenant, at its sole cost and expense, shall keep the Leased Premises, appurtenances thereto, and the areas to which Tenant has direct access in a clean, sightly and healthy condition, and in good repair, all according to the statutes and ordinances in such cases made and provided, and the directions of public officers thereunto duly authorized, all at its own expense, and shall yield the same back to Landlord upon the termination of this Lease, whether such termination shall occur by expiration of the term, or in any other manner whatsoever, in the same condition of cleanliness, repair and sightliness prior to Tenant's installation of furniture, fixtures and equipment and reasonable wear and tear excepted. (8) Tenant agrees to provide all custodial services, daily cleanup, and maintenance of the interior of the Premises and the outdoor dining area, such as sweeping, floor and window washing, debris cleanup, and general cleaning of storage space and toilet areas, and shall provide all labor, supervision, insurance, equipment and cleaning materials necessary to provide general cleaning and maintenance. Tenant will be responsible, at its sole cost and expense, for any changes, repairs or upgrades of structural, utility (including mechanical, electrical and HVAC systems) and plumbing systems that are necessitated, advisable, desired for, or related to the iManage:193723_1 operation of the Tenant's use hereunder, said changes, repairs or upgrades being subject to the written prior approval of the Landlord. Further, Tenant shall make all necessary repairs and renewals upon Premises and replace broken globes, glass and fixtures with material of the same size and quality as that broken and shall insure all glass in windows and doors of the Premises at its own expense. (C) Landlord's obligations shall include maintaining the grounds around the Premises, other than the outside eating area, to include the parking areas, sidewalks, landscaping and drainage systems on the Premises, said maintenance to include lawn mowing and snow plowing of parking areas. Landlord shall, at its sole cost and expense, maintain and make all necessary repairs and/or replacements for the upkeep of the roof, roof membrane and roof systems (gutters, downspouts and the like), foundation, exterior walls, interior structural walls, all structural components, and all utility systems (including mechanical, electrical and HVAC systems) and plumbing systems, to the extent necessary to comply with building codes, but such obligation shall not include making any repair or improvement for the purpose of benefiting Tenant's business operations, or necessitated or caused by the negligence or willful misconduct of Tenant, its officers, agents and assigns. (D) If Tenant fails to perform Tenant's obligations under this Section, Landlord may, but shall not be required to, enter upon the Premises, after thirty (30) days prior written notice to Tenant, and put the same in good order, condition and repair, and the reasonable costs thereof shall become due and payable as additional rent to Landlord together with Tenant's next Base Rent installment falling due after Tenant's receipt of an invoice for such costs. In such case, Landlord may enter the same, himself or by his agents, servants or employees, without such entering causing or constituting a termination of this Lease or an interference with the possession of the Premises by Tenant. This reimbursement obligation of Tenant shall survive the termination or expiration of this Lease. 12) ACCESS TO PREMISES. Tenant shall have the right to access to such portions of the General Store outside the Premises as are necessary to enable Tenant to exercise its rights under this Lease. 13) LANDLORD' RIGHTS. Landlord shall have the following rights, exercisable without notice and without liability to Tenant for damage or injury to property, person or business and without effecting an eviction or disturbance of Tenant's use or possession or giving rise to any claims for setoffs or abatement of rent, except as set forth herein: to establish or change the name, designation or street address of the Premises; to install and maintain signs on any part of the Premises or outside the Premises; to enter the Premises in an emergency, using such force as is reasonably necessary; to make such inspections and required repairs of the Premises as are reasonably necessary; and to make repairs, additions or alterations to the Premises; to do or permit to be done any work on or about the exterior of the Premises. Landlord and Landlord's agents shall have the right to enter the Premises upon twenty-four (24) hours iManage:193723_1 prior written notice for the purpose of showing the same to prospective purchasers or lenders. 14) CONDITION ON POSSESSION. Tenant has been in possession of the Premises under the Current Lease and knows the condition of the Premises and has received the same in good order and repair, and acknowledges that no representations as to the condition and repair thereof, and no agreements or promises to decorate, alter, repair or improve the Premises, have been made by Landlord or his agent prior to or at the execution of this Lease that are not herein expressed. Tenant shall obtain any necessary permits prior to possession of the property from Landlord. The fire department and building department will be responsible for determining the maximum number of persons the facility can occupy and this number shall be posted and received prior to any occupancy permit being issued. 15) COMPLIANCE WITH LAWS. Tenant shall comply with all federal, state, county and municipal laws and ordinances, including the following: a.) the Americans with Disabilities Act; and b.) the provisions of the EQUAL EMPLOYMENT OPPORTUNITY CLAUSE required by the Illinois Department of Human Rights as a material term of all public contracts, which states as follows: SEE EXHIBIT A, ATTACHED HERETO AND MADE A PART HEREOF. 16) INDEMNIFICATION. Tenant agrees to indemnify and hold harmless the Landlord, its officers, agents and employees from any and all liability, losses or damages including attorney's fees and costs of defense the Landlord may suffer in any way resulting from or arising out of the operation of the Tenant's use or the activities of Tenant, its employees, agents and assigns under the Lease, except as a result of the sole negligence of the Landlord, its officers, agents or employees, and Tenant will, at its own expense, appear, defend and pay all fees of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith; and if any judgments will be rendered against the Landlord, its officers, agents or employees in any such action, Tenant will, at its own expense, satisfy and discharge the same except that Tenant will not defend, indemnify and/or save harmless the Landlord, its officers, agents or employees, from and against the Landlord's sole negligence or that of its officers, agents or employees. This indemnity shall survive termination of this Lease only as to claims arising out of events that occur prior to termination of this Lease. 17) INSURANCE. Tenant agrees to obtain at is own cost and expense, and to keep in full force and effect during the term of this Lease, and any extensions, general liability insurance in the amount of $1,000,000 single claim and $3,000,000 aggregate from an insurance carrier having at least an "A" rating as defined in A.M. BEST'S Key Rating Guide. Upon the execution of this Lease, the Tenant will provide the Landlord with a copy of the certificate and premium bill evidencing Tenant's insurance and naming the Landlord as an additional insured. Such insurance is primary and in no event will be iManage:193723_1 considered contributory to any insurance purchased by the Landlord. Additionally, Tenant will provide the Landlord with a letter from the insurance carrier that the Landlord will be notified within ninety (90) days of the pending cancellation of any policy relating to this Lease. 18) TENANT NOT TO MISUSE. Tenant will not permit any unlawful or immoral practice, with or without his knowledge or consent, to be committed or carried on in the Premises by himself or by any other person. Tenant will not allow the Premises to be used for any purpose that will increase the rate of insurance thereon, nor for any purpose other than that herein specified. Tenant will not keep or use or permit to be kept or used in or on the Premises or any place contiguous thereto any hazardous materials (as defined in all federal, state and local environmental laws, rules and regulations), flammable fluids or explosives, without the written permission of Landlord first had and obtained. Tenant will not load floors beyond the floor load rating prescribed by applicable municipal ordinances. Tenant will not use or allow the use of the Premises for any purpose whatsoever that will injure the reputation of the Premises or any part thereof. Tenant shall not cause or permit any waste, misuse or neglect of the water, or of the water, gas or electric fixtures. 19) NON-LIABILITY OF LANDLORD. Except as provided by Illinois statute, Landlord shall not be liable to Tenant for any damage or injury to him or his property occasioned by the failure of Landlord to keep the Premises in repair, and shall not be liable for any injury done or occasioned by snow, wind, excessive heat or cold, broken glass, sprinkling, heating, ventilating or air conditioning systems, devices or equipment, flooding, or by or from any defect of plumbing, electric wiring or of insulation thereof, gas pipes, water pipes or steam pipes, or from broken stairs, porches, railings or walks, or from the backing up of any sewer pipe or down-spout, or from the bursting, leaking or running of any tank, tub, washstand, water closet or waste pipe, drain, or any other pipe or tank in, upon or about the Premises or any part thereof, nor from the escape of steam or hot water from any radiator, it being agreed that said radiators are under the control of Tenant, nor for any such damage or injury occasioned by water, snow or ice being upon or coming through the roof, skylight, trap-door, stairs, walks or any other place upon or near the Premises, or otherwise, nor for any such damage or injury done or occasioned by the falling of any fixture, plaster or stucco, all claims for any such damage or injury being hereby expressly waived by Tenant. 20) HEAT. Landlord does not warrant that the heating service will be free from interruptions caused by strike, accident or other cause beyond the reasonable control of Landlord, or by renewal or repair of the heating apparatus in the Premises. Any such interruption shall not be deemed an eviction or disturbance of Tenant's use and possession of Premises, nor render Landlord liable to Tenant in damages. All claims against Landlord for injury or damage arising from failure to furnish heat are hereby expressly waived by Tenant. 21) FIRE AND CASUALTY. In case the Premises shall be rendered untenantable by fire, explosion or other casualty, Landlord may, at its option, terminate iManage:193723_1 this Lease or repair the Premises within one hundred and eighty (180) days. If Landlord does not repair the Premises within said time, or the building containing the Premises shall have been wholly destroyed, the term hereby created shall cease and terminate. 22) PROPERTY TAXES. (A) Definition of "Real Property Taxes." For purposes of this Lease, the phrase "Real Property Taxes" shall include general real estate taxes and assessments payable with respect to the Property which are imposed by any authority having the power to tax any legal or equitable interest of Landlord or Tenant in or on the Premises, specifically including any tax on the leasehold interest created under this Lease; provided, however, that assessments shall be prorated and divided into the maximum number of installments permitted by law and only the current portion shall be included in Real Property Taxes for any Lease Year. Notwithstanding the foregoing, Real Property Taxes shall not include (i) any inheritance, estate, succession, transfer, gift, franchise, or capital stock tax; (ii) any income taxes arising out of or related to ownership and operation of income-producing real estate; (Hi) any excise taxes imposed upon Landlord based upon gross or net rentals or other income received by it; or (iv) assessments liened against the Property prior to the Commencement Date. (8) Payment of Real Property Taxes. For each Lease Year, Landlord shall pay the Real Property Taxes as such taxes become due and payable during the Term (as defined in Section 4), prorated for the first and last years of the Term. 23) REMOVAL OF LIENS. In the event any lien upon Landlord's title results from any act or neglect of Tenant, and Tenant fails to remove said lien within ten (10) days after Landlord's notice to do so, Landlord may remove the lien by paying the full amount thereof or otherwise and without any investigation or contest of the validity thereof, and Tenant shall pay Landlord upon request the amount paid out by Landlord in such behalf, including Landlord's costs, expenses and attorneys fees. 24) LANDLORD'S REMEDIES. (A) Tenant's Close of Operations. If Tenant intends to close its operation, for any reason, except for a temporary closing for an emergency as set forth in this Section, it must notify the Landlord in writing one hundred and twenty (120) days prior to shutting down. If Tenant must cease operation as a result of an emergency, it must notify the Landlord as soon as possible of the reason and the anticipated duration. The Landlord may terminate the Lease immediately if Tenant closes for seven (7) days, subject to exception due to force majeure, casualty, condemnation and remodeling, and fails to reopen within twenty (20) days after receiving written notice from the Landlord. Tenant's right to the possession of the Premises thereupon shall terminate with or (to the extent permitted by law) without any notice or demand whatsoever, and the mere retention of possession thereafter by Tenant shall constitute a forcible detainer of the Premises; and if the Landlord so elects, but not otherwise, and with or without notice of such election or any notice or demand whatsoever, this Lease shall thereupon iManage:193723_1 terminate, and upon the termination of Tenant's right of possession, as aforesaid, whether this Lease be terminated or not, Tenant agrees to surrender possession of the Premises immediately, without the receipt of any demand for rent, notice to quit or demand for possession of the Premises whatsoever, and hereby grants to Landlord full and free license to enter into and upon the Premises or any part thereof, to take possession thereof with or (to the extent permitted by law) without process of law, and to expel and to remove Tenant or any other person who may be occupying the Premises or any part thereof, and Landlord may use such force in and about expelling and removing Tenant and other persons as may reasonably be necessary, and Landlord may re-possess himself of the Premises as its former estate, but such entry of the Premises shall not constitute a trespass or forcible entry or detainer, nor shall it cause a forfeiture of rents due by virtue thereof, nor a waiver of any covenant, agreement or promise in this Lease contained, to be performed by Tenant. Tenant hereby waives all notice of any election made by Landlord hereunder, demand for rent, notice to quit, demand for possession, and any and all notices and demand whatsoever, of any and every nature, which mayor shall be required by any statute of this state relating to forcible entry and detainer, or to landlord and tenant, or any other statute, or by the common law, during the term of this Lease or any extension thereof. (8) Tenant's Defaults. The occurrence of anyone or more of the following events shall constitute a default and breach of this Lease by Tenant: i. Tenant shalt be in default if, after receiving written notice from Landlord, Tenant fails to: (i) pay, within fifteen (15) days after receipt of written notice, any rent or other monetary payment which is past due pursuant to the terms of this Lease; or (ii) cure, within thirty (30) days after receipt of written notice, any breach of any other covenant, conditions, provision or obligation to be performed by Tenant pursuant to the terms of this Lease; provided, if such non- monetary cure cannot reasonably be completed with such thirty (30) day period, Tenant shalt have such additional time as may reasonably be necessary, so long as the cure has been commenced within thirty (30) days from the date of such notice, and is thereafter diligently prosecuted to completion. ii. Except as otherwise provided in this Lease, the failure by Tenant to make any payment of Base Rent or any other payment required to be made by Tenant hereunder, as and when due, where such failure shall continue for a period of seven (7) business days after Landlord notifies Tenant in writing of such failure. iii. Tenant's failure to reopen as provided in this Lease; iManage:193723_1 iv. The failure by Tenant to abide by the Village of Mount Prospect's regulations, or observe or perform any of the covenants, conditions, or provisions of this Lease to be observed or performed by Tenant, other than the payment of sums due hereunder, where such failure shall continue for a period of ten (10) days after written notice thereof from Landlord to Tenant; provided, however, that if the nature of Tenant's default is such that more than ten (10) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within such ten (10) day period and thereafter diligently pursues such cure to completion; v. If Tenant shall make an assignment for the benefit of creditors or file a petition in any court for bankruptcy, reorganization, composition or make an application in any such proceeding for the appointment of a trustee or receiver for all or any portion of its property; vi. If any petition shall be filed against Tenant in any bankruptcy, reorganization or insolvency proceedings, and such proceedings are not dismissed or vacated within one hundred twenty (120) days after such petition is filed; vii. If a receiver or trustee shall be appointed under state law for Tenant for all or any portion of the property of Tenant, and such receivership or trusteeship shall not be set aside within ninety (90) days after such appointment. (C) Remedies in Default. In the event of any such uncured default, Landlord may pursue the following remedies in addition to any other remedies available at law or in equity: i. Landlord may terminate Tenant's right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Tenant shall surrender possession of the Premises to Landlord within ten (10) days after written notice from Landlord to Tenant. In such event, Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including, but not limited to, the cost of recovering possession of the Premises, expenses of reletting, including necessary renovation and alteration of the Premises. Any damage or loss of rent sustained by Landlord may be recovered by Landlord, at Landlord's option, at the time of the reletting, or in separate actions, from time to time, as such damages shall have been iManage:193723_1 made easily ascertainable by successive relettings, or at Landlords' option in a single proceeding deferred until the expiration of the term of this Lease (in which event Tenant hereby agrees that the cause of action shall not be deemed to have accrued until the date of expiration of such term) or in a single proceeding prior to either the time of reletting or the expiration of the term of this Lease. ii. Landlord may maintain Tenant's right to possession, in which case this Lease shall continue in effect whether or not Tenant shall have abandoned the Premises. In such event, Landlord shall be entitled to enforce all of Landlord's rights and remedies under this Lease. iii. Nothing contained herein shall prevent the enforcement of any claim Landlord may have against Tenant for anticipatory breach of the unexpired term of this Lease. In the event of a breach or anticipatory breach by Tenant of any of the covenants or provisions hereof, Landlord shall have the right of injunction and the right to invoke any remedy allowed by law or in equity as if reentry, summary proceedings and other remedies were not provided for herein. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed pursuant to the terms hereof, or in the event of Landlord obtaining possession of the Premises by reason of Tenant's default of any of the covenants and conditions of this Lease, as set forth herein. (D) Acceptance of rent. The acceptance of rent, whether in a single instance or repeatedly, after it falls due, or after knowledge of any breach hereof by Tenant, or the giving or making of any notice or demand, whether according to any statutory provision or not, or any act or series of acts except an express written waiver, shall not be construed as a waiver of Landlord's rights to act without notice or demand or of any other right hereby given Landlord, or as an election not to proceed under the provisions of this Lease. (E) Cumulative Remedies. Except where otherwise expressly provided in this Lease, no remedy or election hereunder shall be deemed exclusive, but shall, wherever possible, be cumulative with all other remedies at law or in equity and all those specifically provided herein. 25) TERMINATION. At the termination of the term of this Lease, by lapse of time or otherwise, Tenant will yield up immediate possession of the Premises to Landlord, in good condition and repair, loss by fire and ordinary wear excepted, and in the condition it was in prior to Landlord's installation of furniture, fixtures and equipment, and will return iManage:193723_1 the keys therefor to Landlord at the place of payment of rent. If Tenant retains possession of the Premises or any part thereof after the termination of the term by lapse of time or otherwise, then Landlord may at its option within thirty (30) days after termination of the term serve written notice upon Tenant that such holding over constitutes either (a) renewal of this Lease for one year, and from year to year thereafter, at double the rental (computed on an annual basis) specified in Section 6, or (b) creation of a month to month tenancy, upon the terms of this Lease except at double the monthly rental specified in Section 2, or (c) creation of a tenancy at sufferance, at a rental of 150.00 dollars per day, for the time Tenant remains in possession. If no such written notice is served, then a tenancy at sufferance with rental as stated at (c) shall have been created. Tenant shall also pay to Landlord all damages sustained by Landlord resulting from retention of possession by Tenant. The provisions of this paragraph shall not constitute a waiver by Landlord of any right of re-entry as otherwise set forth in this Lease; nor shall receipt of any rent or any other act in apparent affirmance of tenancy operate as a waiver of the right to terminate this Lease for a breach of any of the covenants herein. 26) COSTS AND FEES. Tenant shall pay upon demand all Landlord's reasonable costs, charges and expenses, including reasonable fees of attorneys, agents and others retained by Landlord, incurred in enforcing any of the obligations of Tenant under this Lease or in any litigation, negotiation or transaction in which Landlord shall, without Landlord's fault, become involved through or on account of this Lease. 27) ASSIGNMENT. Tenant will not assign this Lease or any part of it to any other person, firm or corporation, except affiliates, without the written consent of the Landlord. Tenant shall have the right to sublease the location to a qualified franchisee of Tenant with the written consent of the Landlord, which consent shall not be unreasonably withheld or delayed. Such sublease arrangement shall not relieve Tenant from any Tenant obligations, as set forth in the Lease, including but not limited to, the reasonable quality standards established by the Landlord. The Landlord may look to Tenant should any default arise as a result of actions of a subTenant. . 28) NOTICES. Whenever a provision is made under this Lease or by law for any demand, notice or declaration of any kind, or where it is deemed desirable or necessary by either party to give or serve any such notice, demand or declaration to the other party, it shall be in writing and served either personally or sent by United States mail, certified, postage prepaid, or by pre-paid nationally recognized overnight courier service, addressed at the addresses set forth below or at such address as either party may advise the other from time to time. To the Landlord at: Village of Mount Prospect Village Manager 50 S. Emerson Street Mount Prospect, Illinois 60056 with a copy to: Klein, Thorpe and Jenkins, Ltd. Everette M. Hill, Jr. iManage:193723_1 20 North Wacker Drive, Suite 1660 Chicago, Illinois 60606 (312) 984-6400 (Telephone) (312) 984-6444 (Fax) To the Tenant at: with a copy to: 29) RULES. Tenant shall keep and observe such reasonable rules and regulations now or hereafter required by Landlord, which may be necessary for the proper and orderly care of the building of which the Premises are a part. 30) BINDING. All covenants, promises, representations and agreements herein contained shall be binding upon, apply and inure to the benefit of Landlord and Tenant and their respective heirs, legal representatives, successors and assigns. 31) RIGHTS CUMULATIVE. The rights and remedies hereby created are cumulative and the use of one remedy shall not be taken to exclude or waive the right to the use of another. 32) PLURAL AND SINGULAR. The words "Landlord" and "Tenant" wherever used in this Lease shall be construed to mean Landlords or Tenants in all cases where there is more than one Landlord or Tenant, and to apply to individuals, male or female, or to firms or corporations, as the same may be described as Landlord or Tenant herein, and the necessary grammatical changes shall be assumed in each case as though fully expressed. 33) ESTOPPEL CERTIFICATE. Tenant shall, no more than twice in any Lease Year and upon not less than thirty (30) days prior written notice from Landlord, execute, acknowledge and deliver to any prospective purchaser or mortgagee, or to Landlord on such party's behalf a statement in writing, (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect); (b) stating the date to which the Base Rent and other charges are paid and the amount of any security deposit held by Landlord, if any; and (c) acknowledging that there are not, to the actual knowledge of the person executing such certificate, any uncured defaults on the part of Landlord hereunder, or specifying such defaults, if any, which are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises. Each party will, within thirty (30) days of written request iManage:193723_1 from the other party, provide an estoppel certificate, whereby such party will represent to the other, or to any prospective purchaser, assignee or mortgagee designated by the requesting party, the status of rent payments under this Lease and, to the parties' actual knowledge, whether or not the Lease is in full force and effect, or in default. If the party contends that the Lease is not in full force or is in default, it will specify the default. 34) AUTHORITY. Each of the Landlord and Tenant hereby represents and warrants that this Lease has been duly authorized, executed and delivered by and on its behalf and constitutes such party's valid and binding agreement in accordance with the terms hereof. 35) Lease. TIME OF ESSENCE. Time is of the essence to the parties executing this 36) INTERPRETATION. Paragraph and Section headings are not a part hereof and shall not be used to interpret the meaning of this Lease. This Lease shall be interpreted in accordance with the fair meaning of its words and both parties certify they either have been or have had the opportunity to be represented by their own counsel and that they are familiar with the provisions of this Lease, which provisions have been fully negotiated, and agree that the provisions hereof are not to be construed either for or against either party as the drafting party. 37) MODIFICATIONS AND AMENDMENTS. This Lease contains all agreements of the parties as of the date hereof with respect to any matter mentioned herein. Except as provided on Page 1 of this Lease, no prior agreement, correspondence or understanding pertaining to any such matter shall be effective to interpret or modify the terms hereof. This Lease may be modified only in writing, signed by the parties in interest, at the time of the modification. Landlord acknowledges that Tenant's employees at the Premises do not have authority to modify the Lease or to waive Tenant's rights hereunder. 38) WAIVERS. No waiver by Landlord or Tenant of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by Tenant or Landlord of the same or any other provision. A party's consent to or approval of any act shall not be deemed to render unnecessary obtaining such party's consent to or approval of any subsequent act. No waiver shall be effective unless it is in writing, executed on behalf of Landlord or Tenant by the person to whom notices are to be addressed. 39) LANDLORDITENANT RELATIONSHIP. Nothing contained in this Lease shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent, partnership, joint venturer or any association between Landlord and Tenant. Landlord and Tenant expressly agree that neither the method of computation of rent nor any act of the parties hereto shall be deemed to create any relationship between Landlord and Tenant other than the relationship of Landlord and Tenant. iManage:193723_1 40) BROKERS. Landlord and Tenant each represent to the other that they have not dealt, directly or indirectly, in connection with the leasing of the Premises, with any other broker or person entitled to claim a commission or leasing fees. In no event may this Lease be construed to create any express or implied obligation on the part of Tenant to perform this Lease on behalf of any broker (or any person claiming a commission or leasing fee) as primary obligee or as a third party beneficiary. Landlord and Tenant each shall indemnify and hold each other harmless from any loss, liability, damage, or expense (including without limitation reasonable attorneys' fees) arising from any claim for a commission or leasing fee arising out this transaction made by any unidentified broker or other person with whom such party has dealt. 41) SEVERABILITY. If any clause, phrase, provision or portion of this Lease or the application thereof to any person or circumstance shall be invalid, or unenforceable under applicable law, such event shall not affect, impair or render invalid or unenforceable the remainder of this Lease nor any other clause, phrase, provision or portion hereof, nor shall it affect the application of any clause, phrase, provision or portion hereof to other persons or circumstances. 42) JURISDICTION AND VENUE. This Lease provides for services to be performed within the State of Illinois. Accordingly, this Lease, and all questions of interpretation, construction and enforcement hereof, and all controversies hereunder, shall be governed by the applicable statutory and common law of the State of Illinois. The parties agree that for the purpose of any litigation relative to this Lease and its enforcement, venue shall be in the Circuit Court of Cook County, Illinois and the parties consent to the in personam jurisdiction of said Court for any such action or proceeding. 43) EFFECTIVE DATE. This Lease shall be deemed dated and become effective on the date that Landlord signs this Lease, which date shall be the date stated on the first page of this Lease. The Parties hereto have executed this Lease as of the day, month and year first above written. Please print or type names below signature(s). Tenant: CAPANNARI'S, INC. By: LANDLORD: VILLAGE OF MOUNT PROSPECT By: , Its President Irvana K. Wilks Village President ATTEST: ATTEST: , Its Secretary M. Lisa Angell, Village Clerk iManage:193723_1 EXHIBIT A Title 44, Part 750, Section 750, APPENDIX A, Illinois Administrative Code, Equal Employment Opportunity Clause EQUAL EMPLOYMENT OPPORTUNITY 75D.APPENDIX A Equal Employment Opportunity Clause EQUAL EMPLOYMENT OPPORTUNITY In the event of the Tenant's non-compliance with the provIsions of this Equal Employment Opportunity Clause, the Illinois Human Rights Act or the Rules and Regulations of the Illinois Department of Human Rights ("Department"), the Tenant may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be cancelled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract, the Tenant agrees as follows: 1) That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, citizenship status, age, physical or mental handicap unrelated to ability, military status, or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. 2) That, if it hires additional employees in order to perform this contract or any portion thereof, it will determine the availability (in accordance with the Department's Rules) of minorities and women in ,the areas from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. 3) That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, citizenship status, age, physical or mental handicap unrelated to ability, military status, or an unfavorable discharge from military service. 4) That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the contractor's obligations under the Illinois Human Rights Act and the Department's iManage:193723_1 Rules. If any such labor organization or representative fails or refuses to cooperate with the contractor in its efforts to comply with such Act and Rules, the contractor will promptly so notify the Department and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder. 5) That it will submit reports as required by the Department's Rules, furnish all relevant information as may from time to time be requested by the Department or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department's Rules. 6) That it will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency and the Department for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules. 7) That it will include verbatim or by reference the provisions of this clause in every subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of this contract, the contractor will be liable for compliance with applicable provisions of this clause by such subcontractors; and further it will promptly notify the contracting agency and the Department in the event any subcontractor fails or refuses to comply therewith. In addition, the contractor will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations. iManage:193723_1 RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND CAPANNARI, INC. (CAPANNARIICE CREAM) 10 SOUTH PINE STREET WHEREAS, the Village of Mount Prospect is the owner of property at 10 South Pine Street; and WHEREAS, the Village of Mount Prospect is desirous of entering into a Lease Agreement with Capannari, Inc. (Capannari Ice Cream) in the former Downtown General Store located at 10 South Pine Street; and WHEREAS, such agreement will provide for the operation of a retail food establishment in the referenced General Store that will benefit the citizens of Mount Prospect; and 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 Mayor and Board of Trustees of the Village of Mount Prospect do hereby authorize execution of a Lease Agreement between Capannari Inc.,(Capannari Ice Cream) and the Village of Mount Prospect for the purpose of permitting an ice cream parlor to be located within the structure at 10 South Pine Street in Mount Prospect, and said Lease shall be for a period of five (5) years, with a subsequent five (5) year option if mutually agreed by both parties, as set forth in the Lease, a copy of which is attached hereto and hereby made a part hereof as Exhibit "A." SECTION TWO: 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 th day of June, 2007 Richard M. Lohrstorfer Mayor Pro T em ATTEST: M. Lisa Angell Village Clerk H:\CLKO\files\WIN\RES\Lease agrmt,ice cream parlorjune2007.docH:\CLKO\files\WIN\RES\Lease agrmt,ice cream parlorjune2007.doc ~ ~ Village of Mount Prospect Community Development Department Mount Prospect MEMORANDUM ~ DATE: MICHAEL E. JANONIS, VILLAGE MANAGER WILLIAM J. COONEY JR., DIRECTOR OF COMMUNITY DEVELOPMENT JUNE 15,2007 PARKING LOT ENFORCEMENT AGREEMENT - THE EMERSON AND LOFTS DEVELOPMENTS TO: FROM: SUBJECT: Attached to this memorandum is a Parking Lot Enforcement Agreement that would enable the Village to enforce parking regulations within a private parking lot. The parking lot serves the commercial establishments located on the former Village Hall block bounded by Northwest Highway, Route 83, Busse Avenue and Emerson Street. Please forward this memorandum and attachment to the Village Board for their review and consideration at their June 19th meeting. Staff will be at that meeting to answer any questions related to this matter. ~~~~~ C~~L ' ]"" RESOLUTION NO. A RESOLUTION AUTHORIZING THE VILLAGE OF MOUNT PROSPECT TO EXECUTE A PARKING LOT ENFORCEMENT AGREEMENT WITH NORWOOD BUILDERS FOR THE PARKING AREA OF THE VILLAGE CENTRE DEVELOPMENTS WHEREAS, the Village of Mount Prospect is a home rule municipality and pursuant to the Illinois Constitution, Article VII, Section has certain powers which it is exercising; and WHEREAS, Norwood Builders is the owner and operator of the Emerson and Loft & Shops at Village Centre Developments "CENTER" in the Village of Mount Prospect; and WHEREAS, 625 ILCS 5/11-209 provides that such an Agreement may be entered into by the corporate authorities of a municipality and the lawful owner or lessee of a shopping center and the statutory authority enumerates those matters which may be properly included in such an agreement and; WHEREAS, the President and Board of Trustees of the Village of Mount Prospect has deemed that the best interests of the Village may be served by entering into said Agreement with Norwood Builders. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE. That the President and Board of Trustees of the Village of Mount Prospect are hereby authorized to execute the agreement regarding parking lot enforcement by Village of Mount Prospect personnel, attached hereto and made a part of this Resolution as Exhibit "A" SECTION TWO: That this Resolution shall be in full force and effective from and after its passage and approval in the manner provided by law. AYES: NAYS: PASSED and APPROVED this 51 day of June, 2007. Richard M. Lohrstorfer Mayor Pro Tern ATTEST: M. Lisa Angell Village Clerk H :\CLKO\files\WI N\RES\I ntergovt Agrmtegvjailfacilityjune2007.doc AGREEMENT WHEREAS, Norwood Builders (hereinafter referred to as "OWNER") is the owner and operator of the Emerson and Loft & Shops at Village Centre Developments, Mount Prospect, Illinois (hereinafter referred to as "CENTER"), and the Village of Mount Prospect, Cook County, Illinois, a municipal corporation (hereinafter referred to as the "VILLAGE"), desire to modify a previous Agreement between the parties for the enforcement of parking regulations on the parking area of the CENTER by the law enforcement personnel of the VILLAGE; and WHEREAS, the CENTER is located within the corporate limits of the VILLAGE; and WHEREAS, 625 ILCS 5/11-209 provides that such an Agreement may be entered into by the corporate authorities of a municipality and the lawful owner or lessee of a shopping center and the statutory authority enumerates those matters which may be properly included in such an agreement. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE AFOREMENTIONED PARTIES HERETO as follows: 1. The VILLAGE shall enforce all posted parking regulations on the parking area of the CENTER and OWNER hereby consents to the issuance of parking citations for any and all violations in the parking area. 2. The VILLAGE, by its Chief of Police or a legally designated representative, shall make an inspection of the parking area of the CENTER with the Manager of the CENTER, or a designated representative, to determine what parking signs and markings are necessary for the sale and efficient movement of traffic and to plan for the implementation of such other appropriate regulations. 3. It is understood that OWNER shall bear the cost of installation of such additional signs and markings on the parking area of the CENTER as are necessary and appropriate. The VILLAGE shall not install or contract for the installation of any such sign or markings or any other equipment or items of any nature. 4. The authorization contained under the terms of this Agreement shall be in addition to any other authority of the VILLAGE existing by reason of any other regulation of the State of Illinois and such additional authorizations shall not be construed to be in lieu of any such other regulation. 5. This Agreement shall continue in full force and effect for a period of five (5) years from the date of execution and shall automatically be renewed at additional (5) year terms; provided, however, that either party may cancel this Agreement at any time iManage 165418 1 Norwood Parking Enforcement Agreement Page 2 of2 during the initial or any renewal period upon ten (10) days prior written notice to the other, which notice of cancellation shall be recorded in the same manner as this Agreement. 6. The Village shall have the authority, but not the duty to prosecute, in such manner as it sees fit, any and all violations of the posted regulation. Likewise, the VILLAGE shall be entitled to any and all proceeds that may be realized from fines or penalties on account of such enforcement. 7. A fully executed copy of this Agreement shall be recorded with the Recorder of Deeds or registered with the Registrar of Titles, whichever is applicable, of Cook County, Illinois, as provided by Statute. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of ,2007. VILLAGE OF MOUNT PROSPECT By: Village President ATTEST: Village Clerk NORWOOD BUILDERS By: Its ATTEST: Secretary iManage 165418 1