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HomeMy WebLinkAbout5. NEW BUSINESS 03/17/2009 MEMORANDUM Village of Mount Prospect Community Development Department TO: MICHAEL E. JANONIS, VILLAGE MANAGER ~I>. ~ .)111 JO" FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: FEBRUARY 27,2009 SUBJECT: PZ-26-08 / 2410 E. RAND ROAD / PLAT OF CONSOLIDATION / THE TWINS GROUP PROPERTIES, LLC (TACO BELL) - PETITIONER The petitioner, The Twins Group Properties, LLC, is seeking approval of a Plat of Consolidation for the property at 2410 E. Rand Road. The Planning and Zoning Commission conducted a public hearing to review the request on Thursday, February 26, 2009 and by a vote of 6-0, recommended approval of a Plat of Consolidation for the property at 2410 E. Rand Road. Details ofthe proceedings and items discussed during the Planning and Zoning Commission hearing are included in the attached minutes. Please forward this memorandum and attachments to the Village Board for their review and consideration at their March 17, 2009 meeting. Staff will be present to answer any questions related to this matter. w- H:IPLANlPlanning & Zoning COMMlP&Z 2009\MEJ MEMOSIPZ-26-08 2410 E. Rand Road- Taco Bell(Plat ofConsolidation).doc MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-26-08 Hearing Date: February 26, 2009 PROPERTY ADDRESS: 24 I 0 E. Rand Road PETITIONER: The Twins Group Properties, LLC PUBLICATION DATE: Not required; sign posted on-site January 7, 2009 PIN NUMBERS: 03-28-201-014-0000 & 03-28-201-020-0000 REQUEST: Plat of Consolidation MEMBERS PRESENT: Richard Rogers, Chair William Beattie Leo Floros Marlys Haaland Ronald Roberts Keith Youngquist MEMBER ABSENT: Joseph Donnelly STAFF MEMBERS PRESENT: Brian Simmons, AICP, Deputy Director of Community Development Consuelo Andrade, Development Review Planner INTERESTED PARTY: None Chairman Richard Rogers called the meeting to order at 7:30 p.m. Leo Floros made a motion to approve the minutes of the January 22, 2009 meeting; Keith Youngquist seconded the motion. The minutes were approved 4- 0; with Marlys Haaland and Ronald Roberts abstaining. After hearing one previous case, Chairman Rogers introduced Case PZ-26-08, a request for a Plat of Consolidation at 2410 E. Rand Road, at 8:05 p.m. Consuelo Andrade, Development Review Planner, stated the Petitioner was requesting approval for a Plat of Consolidation. The subject property is composed of two parcels equaling 0.528 acres and contains a Taco Bell restaurant with related improvements. Ms. Andrade said the restaurant was built in 2006 and is presently non- conforming as the structure crosses property lines. A condition of the building permit was to combine the two parcels. The Petitioner was seeking approval for the Plat of Consolidation for a one lot subdivision to comply with the condition of approval. Ms. Andrade showed the Plat of Consolidation. The Plat of Consolidation under review would change the site from two parcels into one lot of record. The Plat would also vacate an existing easement and grant new utility and drainage easements. Ms. Andrade said that Staff recommended approval of the motion listed in the Staff Report. There was general discussion regarding easements. Chairman Rogers asked ifthe Petitioner or anyone in the audience was in attendance to address the case. Hearing none, he closed the public portion at 8:08 pm and brought the discussion back to the board. Richard Rogers, Chair Planning & Zoning Commission Meeting February 26, 2009 PZ-26-08 Page I of2 William Beattie made a motion to approve a Plat of Consolidation, titled Taco Bell Consolidation, benefiting the property located at 2410 E. Rand Road, Case No. PZ-26-08. Mr. Youngquist seconded the motion. The Village Board's decision is final for this case. UPON ROLL CALL: A YES: Beattie, Floros, Haaland, Roberts, Youngquist, Rogers NAYS: NONE Motion was approved 6-0. After hearing three additional cases, Mr. Beattie made a motion to adjourn at 9:57 p.m., seconded by Mr. Roberts. The motion was approved by a voice vote and the meeting was adjourned. ;I{~ Ryan Kast Community Development Administmtive Assistant Richard Rogers, Chair Planning & Zoning Commission Meeting February 26, 2009 PZ-26-08 Page 2 of2 z .....2 ......... We( me - 0"'" (,)0 e(en ....z o (,) Q " :n ~ w ~ - "- lil ""-,- a, aJ I'" Q >--1 w en co "- If1 a, aJ '" -:: < Cl Q c ~ (Vi) ,an,z 3SSS l.aos ,::",~r.:','~ I- o oJ . '_.~~' LL ~ h h I J~ ~~ ~t ~ [~ ;! i l: '/.';f.ji:-{h! /--zo tV? fi'Z to z o i= c c c :i ~ o .... CI) ~Q(J Z "'::i~ 011I.... (..) ~~f j ....~..= ~ ;1I .. o o C I- ^; ~ co "-) '" c, ^; o ~ o ;3 1'..) I '" " I ^; o ,~ '1" ,)1' ".' 'V (; / {"\ .,\\/' / ,::.v \J ~~ '\~ (,'? ~ ~ 8 i in , ~ :-:-, --""'""""":<0. :>---: :'. '~.I ! ~ . : c I z o ' ~ u ~: -:l z ~" :i :~; -< w :" ~~U E-i ;::; ~=- ......:l 0 ,,~ ~ ~ ~! ~.. 8' o RESOLUTION NO. A RESOLUTION APPROVING A PLAT OF CONSOLIDATION FOR 2410 EAST RAND ROAD, MOUNT PROSPECT, ILLINOIS WHEREAS, Twins Group Properties (Petitioner) has requested approval of a Plat of Consolidation for the purpose of consolidating two (2) parcels into one single lot of record, as legally described in Exhibit "A"; and WHEREAS, the plat vacates a five foot (5') Com Ed easement along the west property line of lot two (2) and dedicates a ten foot (10') utility and drainage easement along side and rear lot lines and a fifteen foot (15') utility and drainage easement along the front property line of the consolidated lot of record; and WHEREAS, the Planning and Zoning Commission has considered and recommended approval of the Plat of Consolidation at its February 26, 2009 meeting. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That the President and Board of Trustees approve and adopt the findings and recommendations of the Planning and Zoning Commission and incorporate such findings and recommendations herein by reference as if they were fully set forth herein. SECTION TWO: That the consolidation of the Property is hereby granted and the Plat of Consolidation attached to this Resolution as Exhibit "A" is hereby approved for appropriate execution and recording. Such Plat and its legal description are incorporated into, and made a part of, this Resolution. SECTION THREE: That the Village Clerk is hereby authorized and directed to record a certified copy of this Resolution with the Recorder of Deeds of Cook County. SECTION FOUR: This Resolution shall be in full force and effect from and after its adoption, approval and publication in pamphlet form as provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of March, 2009. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H :\CLKO\WI N\RESOLUTION\PlatConsolidationtacobeIl241 Oera ndma rch 172009 .doc B z ...Q ....... UJ< coe - 0'" UO <en ....z o u .~ ~8 ~ 0"1 ~,Ii A:' .:~ d: ~f ~ E [~~ '; ::0 "" ~ :t: ::0 -; < ::0 ~ w Co M ;... - 'f' '" - '" :"" w Co M ;... '" '" '" "" .,,' ;:~r;~<~.}J)~":;':;}i:~ '.~" --~~~! , :;: h " II ;;" ~t: ~~ h ~i .., in~ l';~ i! n ~;:. ! ~~ " vi 'I ;1 " ,,~ I ? ~ ~~ ;J ..~ ,,; r ,;i ~~ :;.~ H; " ;~ ~i , . '" ~l ~~ ~1 " ~~ j:;i I jr !~ ''; II ~~ i~ i .", IS.. I I I I I 1 I I~ I~ , I1II i~~ ~ :."f ti~l Iii! " !I~;!' ~ I I.... ..,.1.., i:!IJt ".ilj~, ,.' kilt ~i;: -:1.: '.1" ., ' !!':Ai!~~ : :'i!'!!' 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CIl ::l"U z ~~~ o 11I0 u Slof -' :!~..: ..J 011 W ; III .. o (.) c ... n~) jlll. !lll{ ~ J!l!; I~: Ij; Itll; I ~ ~,~ i; Il' ~ u( I Ill! ! ~ E-- v Ii :::~~ ::::E ..; ~ ...; ~. ::r::~ U - .. E- U .., ....:I 0 ~ ~ ...;:;:q ?:: < !. eLl () ; Village of Mount Prospect Community Development Department Mount Prospect MEMORANDUM ~ TO: MICHAEL E. JANONIS, VILLAGE MANAGER ,&. ~J~ ~111 c, FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: FEBRUARY 27, 2009 SUBJECT: PZ-29-08 / 501 MIDWAY DRIVE / CONDITIONAL USE (COM CENTER AND SCHOOL) NIAGARA EDUCATIONAL SERVICES, INe. - APPLICANT The Petitioner previously obtained a Conditional Use permit to operate a community center in 2004 and a second Conditional Use Permit to operate a community center and school in 2007; however, improvements for both projects were not completed and the Conditional Use permits expired. The Petitioner is again seeking approval of a Conditional Use Permit for a community center and school. The current proposal has changed slightly from their request in 2007. Changes include the expansion of the area of the school and the addition of one office to the community center. Due to the expiration of the previous approvals and proposed changes, the Petitioner is required to obtain approval from the Village Board for a new Conditional Use permit for a community center and school. The community center and school would offer the same services and events as the Conditional Use permit approved in 2007; however, modifications to the site plan and the interior layout have been made based on building permit review comments. The community center would occupy approximately 60 % of the building while the proposed school would occupy 40%. The community center would include guest rooms, conference rooms, a gymnasium, a stage, offices, and three classrooms. The school would include classrooms, labs, library, and a gym. The school's area increased by 11,115 square feet from the Conditional Use permit approved in 2007 with the addition of a second level of classrooms. The Planning and Zoning Commission conducted a public hearing to review the request on Thursday, February 26, 2009, and by a vote of 6-0, with one member absent, recommended approval of a Conditional Use to operate a community center and school as noted in the Petitioner's application for the property at 501 Midway Drive, Case No. PZ-29-08. Details of the proceedings and items discussed during the Planning and Zoning Commission hearing are included in the attached minutes. Please forward this memorandum and attachments to the Village Board for their review and consideration at their March 17, 2009 meeting. Staff will be present to answer any questions related to this matter. ~~lo~ H:\PLAN\Planning & Zoning COMM\P&Z 2009\MEJ MEMOS\PZ-29-09 501 Midway Dr- Niagara(CU Community Center and School).doc MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-29-08 Hearing Date: February 26,2009 PROPERTY ADDRESS: 50 I Midway Drive PETITIONER: Serkan Aykan PUBLICA TION DATE: January 7, 2009 PIN NUMBER: 08-23-402-0 I 0 REQUEST: Conditional Use (Community Center and school) MEMBERS PRESENT: Richard Rogers, Chair William Beattie Leo Floros Marlys Haaland Ronald Roberts Keith Youngquist MEMBER ABSENT: Joseph Donnelly STAFF MEMBERS PRESENT: Brian Simmons, AICP, Deputy Director of Community Development Consuelo Andrade, Development Review Planner INTERESTED PARTIES: Serkan Aykan, Brian Schramm, Stephen Miller Chairman Richard Rogers called the meeting to order at 7:30 p.m. Leo Floros made a motion to approve the minutes of the January 22,2009 meeting; Keith Youngquist seconded the motion. The minutes were approved 4- 0; with Marlys Haaland and Ronald Roberts abstaining. Chairman Rogers introduced Case PZ-29-08, a request for a Conditional Use (Community Center and school) at SOl Midway Drive, at 7:32 p.m. Consuelo Andrade, Development Review Planner, stated the Petitioner was seeking a Conditional Use to operate a community center and school. The subject property is located on Midway Drive, a cul-de-sac street west of Elmhurst Road, between Algonquin Road and Oakton Street. The subject property is zoned B-3, Community Shopping. It contains an office/warehouse building with related improvements. The property is bordered to the north and east by the B-3 district and to the south and west by the R-4 Multi-Family District. Ms. Andrade said the existing structure presently does not conform to the existing setback requirements or the lot coverage requirements. The Petitioner does not plan to modify the exterior of the building or the existing site, therefore, the legal non-conforming status would remain. Ms. Andrade stated the subject property has a zoning history of Conditional Use permits. Conditional Use permits were approved in 2004 and 2007. Each Conditional Use permit expired eighteen (18) months from the approval date. A building permit will not be issued until a new Conditional Use permit is issued. Ms. Andrade said the community center and school would offer the same services and events as the previous 2007 Conditional Use request. There would be minor modifications to the site plan and interior layout based on building review comments. Ms. Andrade stated the community center would occupy 60 percent of the building that would include: a gym, auditorium, offices, and guest rooms. The school would occupy 40 percent of the building and would include: Richard Rogers, Chair PZ-29-08 Planning & Zoning Commission Meeting February 26, 2009 Page 1 of 4 classrooms, labs, and administrative offices. Ms. Andrade said the school's area has been increased by approximately 11,115 square feet from the 2007 Conditional Use request. The Petitioner proposes to add landscaping to the site to comply with the Village landscape requirements. Ms. Andrade showed illustrations of the interior layout of each floor. She said the zoning ordinance requires parking based on the use of each space. The required parking for the community center is based on the square footage of each space; 167 spaces would be required. The school's parking is based on the number of students and staff; 46 spaces required for the school portion. Ms. Andrade said a total of 213 parking spaces are required by code. The Petitioner's site plan shows 218 parking spaces would be provided; therefore, this parking would comply with Village code requirements for a building permit. Ms. Andrade stated compliance with all fire and building codes for assembly and educational occupancy would be required. The Fire Department required that the cul-de-sac of Midway Drive be striped per Village code as a no parking fire lane. Public Works has requested site improvements such as sanitary service and paving. Ms. Andrade said a Metropolitan Water Reclamation District (MWRD) permit would also be required. Ms. Andrade said Staff did receive an e-mail from an adjacent property owner, the Society of Critical Care Medicine; with some concerns for the proposal. Ms. Adrade stated that a representative from this organization was in attendance to address their concerns. Ms. Andrade summarized the Conditional Use standards; Staff believed the request to operate a community center and school satisfied the Conditional Use standards. Ms. Andrade said that Staff recommended approval of the motion listed in the Staff Report. Chairman Rogers stated that they have been talking about this building for over two years; or even longer. He wanted to know if the building was occupied. Ms. Andrade said a temporary occupancy was issued for office space. William Beattie confirmed that the additional 11,000 square feet for the school would be added with no external modifications to the building. Ms. Andrade stated that this was correct. Chairman Rogers swore in Serkan Aykan, 1560 W. Dempster Street, Mount Prospect, Illinois. Mr. Aykan said at the time his organization was obtaining the Conditional Use permit in 2007, they were looking at other properties that would not require any change to zoning. He stated they could not pursue the other project, so they decided to continue with the Conditional Use permit that was approved at their current building. Chairman Rogers asked if it was the Petitioner's intention to proceed with the project if the Conditional Use permit was approved. Mr. Aykan confirmed they would move forward with the project jf approved. Mr. Roberts asked what previous property the Petitioner was looking at. Mr. Aykan said St. John's Lutheran Church and School. Mr. Youngquist asked if there was still separation between the two buildings. Mr. Aykan stated that everything is the same from his previous submittal; they just wanted to add the upstairs to the school portion because it was available for them to do so. Chairman Rogers asked about the sleeping rooms. Mr. Aykan said the sleeping rooms would be located in the cultural center part for visiting guests. He stated this space was needed to show hospitality to guests. The rooms are not for students ofthe school. It can be compared to a hotel accommodation. Richard Rogers, Chair Planning & Zoning Commission Meeting February 26, 2009 PZ-29-08 Page 2 of 4 Mr. Youngquist stated he knew the Village Board went to great length discussing this case in 2007. He said the only change would be the classroom space on the second floor. Chairman Rogers swore in Brian Schramm, 500 Midway Drive, Mount Prospect, Illinois. Mr. Schramm works for the Society of Critical Care Medicine (SCCM) that is adjacent to the subject property. He wanted to know of the Planning and Zoning Commission received the written letter sent regarding the SCCM's safety concerns. Mr. Schramm summarized the five points that they thought were problematic with the proposal. He said if these were corrected, SCCM would have no issues. Mr. Schramm stated the parking lot is in disrepair and there are areas where it floods. He said perimeter fencing might be necessary with young children around. Mr. Schramm stated sleeping rooms in conjunction with a school could have a negative impact on the children. He was concerned with the increase in traffic flow and the flooding of Midway Drive. Chairman Rogers asked if a fence was required between the subject property and the surrounding properties. Ms. Andrade stated that the Village does not require a fence. Mr. Beattie asked if any portion of the parking lot would used for a school yard. Ms. Andrade said the Petitioner did not propose to use any of the paved area as a playground. Mr. Aykan stated children would not play outside. If there was a need for a fence, he would build one. Mr. Aykan said the sleeping rooms are located at the southeast portion of the property. The school is located on the north side of the building. Mr. Aykan stated the school and community center are under one roof, but there are two different buildings and entrances. The school and community center would not be connected inside. Chairman Rogers said MWRD would require the Petitioner address any potential flooding issues. Mr. Floros asked where the students would be coming from and if there would be buses. Mr. Aykan said the students would be coming from the surrounding communities: Mount Prospect, Arlington Heights, and Des Plaines. He stated parents would be dropping off the students. The Petitioner has a small bus for apartment areas. Mr. Youngquist stated there is not a maneuvering area unless the school has small buses. He said this is not a typical school parking lot. Chairman Rogers swore in the architect for the project, Stephen Miller of Oak Park, Illinois. Mr. Miller stated the population in the facility has been limited by the parking lot. The school population by law is not allowed to grow. He said there would primarily be car traffic, but does not foresee a traffic problem beyond what is allowed by the parking lot. Mr. Floros asked if the students required recess. Mr. Miller said all the activities are primarily in the gymnasium. He stated the school is more of a math/science oriented with recreation contained inside the building. Chairman Rogers asked about photometrics, landscaping, and the parking lot. Mr. Miller stated the flooding was an issue because of a filled catch basin. The whole parking lot would be redone. He did not notice a flooding problem until he observed the north side of the property after the recent September rain event. Mr. Miller said the catch basin may have collapsed or it was possibly filled with debris. He stated there was a lot of disrepair out there for a long time and it would be corrected. Mr. Miller said that he talked to his landscaper regarding the landscape plan. He stated the plan would be fairly simple to develop. Mr. Youngquist confirmed that the multi-purpose room was also to be used as a gymnasium for the school. Mr. Aykan stated the gymnasium indicated on the site plan is for the community center and is separate from the school. Richard Rogers, Chair Planning & Zoning Commission Meeting February 26, 2009 PZ-29-08 Page 3 of 4 Chairman Rogers asked if there was anyone else in the audience to address this case. Hearing none, he closed the public portion of the case at 8:04 p.m. and brought the discussion back to the board. Mr. Beattie made a motion; seconded by Mr. Rogers to approve a Conditional Use permit that would allow a Community Center and a School to operate as noted in the Petitioner's application for the property at 501 Midway Drive, Case No. PZ-29-08, subject to compliance with the following conditions: 1. Development of the site and the school portion in general conformance with the plans prepared by Gensler date stamped January 31, 2008; 2. Development of the community center portion in general conformance with the plans prepared by Sigma Engineering, Inc., stamped November 7, 2008. 3. Striping and designation of one side of Midway Drive and the bulb of the cul-de-sac as "No Parking Fire Lane" as noted on the attached Exhibit "B" prepared by the Fire Department; 4. Submittal of a landscape plan in compliance with Village's Zoning Ordinance, including the installation of 5-foot tall (minimum) evergreen type landscaping lining the perimeter of the northwest and southwest portions of the parking lot; 5. Submittal ofa photometric plan in compliance with the Village's Zoning Ordinance. 6. Based on the number of parking spaces provided on the property, occupancy of the school shall be restricted to 195 persons. Enrollment records shall be submitted to the Director of Community Development on an annual basis at the beginning of each school year, or upon the request of the Director of Community Development. 7. As stated in the Village's Building Code, where a building contains two or more occupancies and where they share portions of the same means of egress system, those egress components shall meet the more stringent requirements of all occupancies that are shared. Proposed construction drawings for the project shall comply with the Village's egress, Building, and Fire Code requirements. 8. A building permit, in accordance with the current regulations and requirements of the Village of Mount Prospect, must be issued within one (I) year from the date of adoption of the enabling ordinance by the Village Board which authorized the development proposal. The development approvals granted herein, without need for further action by any Village board, commission or official, shall become null and void if no building permit is issued within the one (I) year requirement and improvements completed within a period of eighteen (18) months. 9. Develop the site in conformance with all Village Codes." The Village Board's decision is final for this case. UPON ROLL CALL: AYES: Beattie, Floros, Haaland, Roberts, Youngquist, Rogers NAYS: NONE Motion was approved 6-0. After hearing four additional cases, Mr. Beattie made a motion to adjourn at 9:57 p.m., seconded by Mr. Roberts. The motion was approved by a voice vote and the meeting was adjourned. ~# Ryan Kast, Community Development Administrative Assistant Richard Rogers, Chair Planning & Zoning Commission Meeting February 26, 2009 PZ-29-08 Page 4 of 4 i ',-;. '. ,~. ~.\. .:"'<, .ir -. ,,"--.\" { f,-,!' ,~~~:r,'~:>'~::~;i_.) ":L,>~,:/.>;,f',: '" '"" ';;~",-'~ '-. ...... : ':\: i'.',. :;':~..~~;.f':c'~:"1 -~' },; '. ~"'" -, . ".:~~';'i~,;'" I I I I I ~ I I I I \ : \~\\ (' / I I \ EDWARl)<J.MotlOY.i~ ,ASSOCIATES, LTI .LAND..&:..CoNs"'RUCTI()N~,;StJRVEYoRs :\. . 1230 MAR~,?TREETj BENSENVtlLE. IlliNOIS 60106 (6.30)595-2600 rOle (630)595-4700 ~^""I..A":';J '",,' 'O"F' "'S"U" "'''''R' "'V" ""6Y"" "'.- ......... ...-' " . .......... '" ;',.. ,_: ",-'" ',:.'".- \', -'-->,....'-' .> <"..' . . '. ;",-' ",' ;,' -, ',:<. """ "'->~' , :.'.' " </ 2<; ......... .. ..<2.. ... . . ..... ii. .... . .'.... . OF LOT l'IN VAVRUS SUBDIVISION. BEING A RESUBDIVISION OF PART OF LOT 2 IN, NORTHWAY ,lNVESnAENT SUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 23. :TOWNSHIP 41 ,NORTH, RANGE II, EAST OF THE THIRD PRINCIPAl MERIDIAN, ACCORDING TO THE PLAT THEREOF . REGISTERED IN THE OFFICE OF THE REGISTRAR OF TITLES OF COOK COUNTY, ILLINOIS ON DECEMBER 18. 1980 AND 'ILED I>S DOCUMENT LR-3194655. .. COMMONLY KNOWN '*S 501 DB DRIVE. MOUNT PROSPECT, IWNOIS THIS SURVEY REFLECTS MATTERS OF TITLE AS SHOWN IN FIRST MCERICAN TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE FILE NO, C-271242, EFFECTIVE DATE: SEPTEMBER 19, 2003 AND REVISED OCTOBER 22, 2003, I cb NOTES PERTAINING TO NUMBERED EXCEPTIONS IN SCHEDULE B OF TITLE COMMITMENT 9. EASEMENT AS SHOWN ON GRANT OF EASEMENT REGISTERED OCTOBER 7. 1980 AS DOCUMENT LR-3182087, [SURVEYOR'S NOTE: PLOTTED ON THE DRAWING] 10, EASEMENT FOR PUBLIC UTILITIES AS SHOWN ON THE PLAT OF VAVRUS SUBDIVISION REGISTERED DECEMBER 18, 1980 AS DOCUMENT LR-3194655. (SURVEYOR'S NOTE: PLomD ON THE DRAWING] 11. BUILDING SETBACK LINE AS SHOWN IN PLAT OF SUBDrvrSION REGISTERED OCTOBER 18, 1976 AS DOCUMENT LR-2902421. (SURVEYOR'S NOTE: PLOTTED ON THE DRAWING] FLOOD MAP NOTATION: AN EXAMINATION OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY (F.E.MA) FLOOD INSURANCE RATE MAP COMMUNITY-PANEL NO. 170129-0010-'-B, EFFECTIVE DATE: AUGUST 2, 1982 SHOWS THAT THE PROPERTY SURVEYED HEREON IS NOT SUBJECT TO FLOOD RISK AND THAT SAID PROPERTY FALLS WITHIN ZONE "C" (AREAS OF MINIMAL FLOODING) ...IOTAL AREA OF TRACT .iURVEYED: ~60,006 SQ. FT. OR 3" ACRES --c-~ -,""-'-:~ _,_.___. __'~,___,_-,,_ '~__. '___"___~_______ . . CORDIAL DRIVE PROPERTY INDEX NUMBER: 08-23-402-010 rn::C::IVED " D:~ I ~ 20~8 VIi..Jge 01 Ml. 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'I II: & !i ! ~ ~ i ~~" :< .~ ~ 'L~~ 0< '0 ~ H~ . , ".. s~ III ~ ~ . ~ ~ ~ ~ , ~ ~~ ~ ~,," w ~. ~ ~ ~ ".~ "w.~ o ^ ~ ~ ~~ " Q ~ e ~ ~ 8' > z ~g~H~~~~~~U 1.1. ~ eeee e0e00@@ @@ :.:: e = e ~b'== @ i'~l . :l~~ I I ~ I I ___..L__L__~__ --Tr---~ 1-,c'-~'~-"'-+rTfJ~ i~J~ l=,-L~.:r____~ r i T---- ~'il I~ \11 ~ I tH~=~== ! _J--4-J---~::"- i r----.---~----- .~ ~~ .," ~I "rlf ::lEt ~~ j 0 <iJ <], Ie ~ I! ~ j.i'~J~ ..... o e C:::-.J r-:-;; .= = ~ 8 0=1 = e e 8 <0 8 r.::::':~,:'-:S o =::::.= ~-- ---=~= C:::::'-::'J z o i= < > W ...J W J: Ii: o z ~, e I HI In lid,', f ~ ; tl ~ ori' hU~j~ [; III W t- o Z t- W W J: III N 10 g, " z e 0 i= <g >.,' W'" "'~ ...J W ." .1',1 .11' >- tl- e 0 z @ <(~ $1 u; t-" 1Il~ w. :::~ -.r e z 0 i= ;;~, W <? ...J W >- tI- 0 Z. <~ U.' t-~ Ill. <. W~ M 1 wJ 0 )' ~~, @ Z 0 i= < > Wg ..J :~' W W ...J ::J al i= III ~ W > t- III < W ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 501 MIDWAY DRIVE WHEREAS, Niagara Educational Services, Inc. (Petitioner) has filed a petition for a Conditional Use permit to operate a community center and school with respect to property located at 501 Midway Drive, (Property) and legally described as: Lot 1 in Vavrus Subdivision, being a Resubdivision of part of Lot 2 in Northway Investment Subdivision of part of the Southeast % of the Southeast % of Sec. 23, Township 41 North, Range 11, east of the 3rd Principal Meridian, according to the Plat thereof registered in the Office of the Registrar of Titles of Cook County, IL on December 18, 1980 as Document Number LR-3194655. Property Index Number: 08-23-402-010; and WHEREAS, the "Petitioner" was granted a Conditional Use permit on the "Property" to operate a school and Community Center on June 19, 2007, Ordinance No. 5633; and WHEREAS, the community center was never completed and the Conditional Use permit issued June 19, 2007 has expired; and WHEREAS, the "Petitioner" has since expanded the scope of the project by increasing the school's area by 11,115 square feet with the addition of a second level of classrooms, and seeks a Conditional Use permit to operate a 42,614 square foot community center and a 29,569 square foot school at 501 Midway Drive as shown on the "Petitioner's" site plan by Gensler dated January 31,2008, Exhibit "A"; and WHEREAS, a Public Hearing was held on the request for Conditional Use permit being the subject of PZ-29-08 before the Planning and Zoning Commission of the Village of Mount Prospect on the 26th day of Februa~, 2009, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the i day of January, 2009; 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-29-08; 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, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth hereinabove are incorporated as findings of fact by the 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, to allow the operation of a community center and school at 501 Midway Drive, as shown on the site plan, a copy of which is attached and made a part hereof as Exhibit "A." SECTION THREE: Approval of the Conditional Use permit is subject to complying with the following conditions: 1. Development of the site and the school portion in general conformance with the plans prepared by Gensler date stamped January 31,2008; 2. Development of the community center portion in general conformance with the plans prepared by Sigma Engineering, Inc., stamped November 7,2008. 3. Striping and designation of one side of Midway Drive and the bulb of the cul-de-sac as "No Parking Fire Lane" as noted on the attached Exhibit "B" prepared by the Fire Department; r. PZ-29-08, 501 Midway Drive Page 2/2 4. Submittal of a landscape plan in compliance with Village's Zoning Ordinance, including the installation of 5-foot tall (minimum) evergreen type landscaping lining the perimeter of the northwest and southwest portions of the parking lot; 5. Submittal of a photometric plan in compliance with the Village's Zoning Ordinance. 6. Based on the number of parking spaces provided on the property, occupancy of the school shall be restricted to 195 persons. Enrollment records shall be submitted to the Director of Community Development on an annual basis at the beginning of each school year, or upon the request of the Director of Community Development. 7. As stated in the Village's Building Code, where a building contains two or more occupancies and where they share portions of the same means of egress system, those egress components shall meet the more stringent requirements of all occupancies that are shared. Proposed construction drawings for the project shall comply with the Village's egress, Building, and Fire Code requirements. 8. A building permit, in accordance with the current regulations and requirements of the Village of Mount Prospect, must be issued within one (1) year from the date of adoption of the enabling ordinance by the Village Board which authorized the development proposal. The development approvals granted herein, without need for further action by any Village board, commission or official, shall become null and void if no building permit is issued within the one (1) year requirement and improvements completed within a period of eighteen (18) months. 9. Develop the site in conformance with all Village Codes. 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 March, 2009. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\WIN\ORDINANCE2\C.USE.PZ29-08march2009, 501 MidwayDrive,Niagra Foundation.doc PZ-29-08 Planning & Zoning Commission meeting February 26, 2009 Page 6 Fire Lane Reauirement " if"' _.,1 ~ !i I i \~, "t- ' . l_ =-.- '1 If"-- , . ...., , \0'$1. ..:::-::J v... " o. , Q..CQ:~it I "'... ~ " ~', 1(;', r~-'''_c__'','O_",._,,,,_____,,,,. "r , .'- ,-_.. t- . p ! I. I 'l-_,,"",,",,=,,\ ? i.CCl~" .&u;A. ~~V'" .- I' ~__._ , .:, ~I~~l\+:I___'. )~!o~~~. 'q?#' Li ~;-;,/~'---'- ' /1 ...S;.... I~h ~eO'fl~~:'- .. " "y. c c ~ .~ VV,V /~v ''(' 1, ~ (O~. A?;~). lJ- .4:- !~~,~~/ t'J , j I 'I >"0 r I I I <0/ 7 .:> '",,- '",. ,1 . "".~ Lig},' Polt/'ii. Vff.."tc~ Bus", \ !.~ I- . '~.'I-'J / "~~l'i' 10, 'f"'G~ ! q~OV ~c.r~ 6"~ Hi9h I Story Concrete Ponel Bvildin9 150 I '81J,;ding Footprint Areo 44,570 Sq. Ft. / / 1',.,' "1 . ! j(.iJ;. " "(';"", i :? ~ 9; \ "--'-"-~------"~""'" l 9) l i ,. .....:;..1. 1 qO;' '.', ',. .- 9.60' 466,,;,,5 J:\Comllltluil)' Dc"elopmcnl\P&Z ltemS\SlllfT Rcporls\PZ.29-08 501 MidwayDri\'c ( CV - cOllllllunity culluml elr with school).doc >-. E~ I ;! .i. !~ S 1 i~~ p~~ J h~ m~ t!"'''' nil v !~m ~di ~=m '"0 ~~!~~ C'::l '0 d ,. .j~,! ~ U ~ .." -< ~:::! ~ lil I .. v 'C " at 1! ~I J u u " 0 c: r./) s:: ,,8- 'I .~ i In '" ~~ 6_ 0: 0 ~ v I: ~E hi ~ 'u :i: ~ J I .gJ ~ cI ~ ". '.' E U I ,I " U :i - 0 ~ ~'" ," <l ;H Ci'i r./) ~::; :'" ,V) I : , I '~ ~ w ), , I ';:: l I I '., ~.~c "'" tl- : ,'~i\1 - t r~l:~).._r :0"',_'11: 5 >>,.""1, :E:: '~.11 1-.; . ~ 2"" '.'.,~. .l>-.:J,r---,jt:;",' Q., f/..-z ,N",' '\'..., ~"'r~'~" ~~ / '\.i><'\ ~, ~w (,! ,,\ ~{ ~e~ \ .ll.'.~. " ""'. I, ....~, \ \,1, \'; ,. . ~ ~ ~[~i j ..\' III '~ .~ ~ .,., ~\...., ;,.",..Q' :I~ ": " ~I .. :: O!":J ~.J,J :: Z::j. ~~.~. II ~ Ii ~.i.i ill :: . i e ~ e a ~I. '~'!i,:. ",;I ~ ,d ,d II li!1 " ~ !i!! i 1i,! !i,! !~! ~!III if 1 I + '\.li~~, ~' + I~ " , .f ~~ t it: ~! ~q :: +"\' . -->-.,,->--->--->-~ )._}j" lx ~I~ ...,. , '~.{ri'----~l 1{J :1;.4'''~'' ~"I' -.'<t ..,----..'-"...,'~ '\I.~ II fe.. J:; == =::~= ::::= == ~~~ ;';~:)=:: == ~;~:~=.~~~_~.= == ==:;: -~ /lhJ~~ u - :~l 15 15 11!llil I III III I I ~IiIlIIEPl. ~.~LiJ. II ii ; I '. l:~~. " . . . ~., " '1 " ". " :: " : ,: 1'. '~ ., . .~I " ',..11 ." " " " " " ':/~ : II ,^ " . ::; .~~ ~l! (.0'lI" N-ri:~;~::;::>:::~~:~:;::~;~:;Et:~:~,,:~+-->:;T+~-~:>-::-:::;-:+-++_::~ ~. ~"ci -,., - - - - - .=.- - -- -':-t-.-.____~~t---;;.::....~d~,- :..~~ _ __ _ ~- _ ..~~ _ _ _ _ '" _ _ __ ~..-----..----~-..---~~..--~-~~..--};-~ : 3^U::lO 3t:1VMV"l30 . ), 1---+ -- - - - - - -- - - --- - - - - -- - -- -- -- - - - - - - - -- - - - -- ------- -- - --- I I , i I i + Z ::iw ~q~ Za: ~a u. Village of Mount Prospect Community Development Department Mount Prospect MEMORANDUM ~ TO: MICHAEL E. JANONIS, VILLAGE MANAGER ~~. ~1"t., ~ 1'\ '0-, FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: FEBRUARY 27, 2009 SUBJECT: PZ-07-09/ 916 S. OWEN STREET / SIDE YARD SETBACK YOGI PATEL - PETITIONER The Petitioner proposes to construct a building addition on the north side of the home to enlarge the existing one-car garage to a two-car garage and to add a laundry room. In order to accommodate the expansion, the addition would encroach into the required side yard. The proposed addition encroaches into the interior side yard by 3.6 feet. The Petitioner is seeking a Variation to allow a three (3) foot side yard setback along the north lot line when the Zoning Ordinance requires a 6.6 foot side yard. The Planning and Zoning Commission conducted a public hearing to review the request on Thursday, February 26, 2009, and by a vote of 5-1 recommended denial of a Variation to allow a three foot (3) side yard setback along the north lot line for the residence at 916 S. Owen Street. Details of the proceedings and items discussed during the Planning and Zoning Commission hearing are included in the attached minutes. Please forward this memorandum and attachments to the Village Board for their review and consideration at their March 17, 2009 meeting. Staff will be present to answer any questions related to this matter. w- H:\PLAN\Planning & Zoning COMM\P&Z 2009\MEJ MEMOS\PZ-07-09 916 S. Owen Street (Variation-Side Yard}.doc MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-07-09 Hearing Date: February 26, 2009 PROPERTY ADDRESS: 916 S. Owen Street PETITIONER: Yogi Patel PUBLICATION DATE: February 11, 2009 PIN NUMBER: 08-13-208-020-0000 REQUEST: Variation (Side Yard Setback) MEMBERS PRESENT: Richard Rogers, Chair William Beattie Leo Floros Marlys Haaland Ronald Roberts Keith Youngquist MEMBER ABSENT: Joseph Donnelly ST AFF MEMBERS PRESENT: Brian Simmons, AICP, Deputy Director of Community Development Consuelo Andrade, Development Review Planner INTERESTED PARTY: Yogi Patel Chairman Richard Rogers called the meeting to order at 7:30 p.m. Leo Floros made a motion to approve the minutes of the January 22, 2009 meeting; Keith Youngquist seconded the motion. The minutes were approved 4- 0; with Marlys Haaland and Ronald Roberts abstaining. After hearing two previous cases, Chairman Rogers introduced Case PZ-07-09, a request for a Variation (Side Yard Setback) at 916 S. Owen Street, at 8:09 p.m. Consuelo Andrade, Development Review Planner, said the Petitioner was applying for a side yard setback Variation. The subject property is located on the west side of Owen Street and contains a single-family residence with related improvements. The subject property is zoned R-l single-family residential and is bordered by the R- 1 District on all four sides. The property is conforming to existing setbacks and lot coverage. Ms. Andrade showed the site plan; the proposal called for a building addition along the north property line. She said the Petitioner proposed to enlarge the existing one car garage into a two car garage and add a laundry room. The Petitioner was requesting a three foot side yard setback along the north property line. MAd d h d h b Ik f, h R 1 d' s. n ra e s owe t e u reqUIrements or t e - zonmg Istnct: Rl Single Family District Existing Proposed Minimum Requirements SETBACKS: Front 30' 30.55' 30.54' Side (North) 6.6' 11 ' 3' Side (South) 6.6' 12.70' No change Rear 20' 49' No change' LOT COVERAGE 45% Maximum 30% 39.52% Richard Rogers, Chair Planning & Zoning Commission Meeting February 26, 2009 PZ-07 -09 Page 1 of3 Ms. Andrade summarized the Variation standards. The Petitioner stated in his application that the side yard encroachment was necessary to enlarge the existing one car garage into a two car garage for additional space. The additional space would allow the Petitioner to put a child's car seat and leave ample space for his elderly parents to enter/exit the vehicle without having to go outside. Ms. Andrade stated that Staff understood the added benefits and flexibility that the enlarged garage would provide to the Petitioner; however, these benefits do not justify the approval of the requested Variation. She said the existing conditions on the site are not unique. There are multiple properties in the neighborhood with one car garages. Ms. Andrade stated there are no hardships as defined by the zoning ordinance. Ms. Andrade said that Staff recommended denial of the motion listed in the Staff Report. Chairman Rogers swore in the Petitioner, Yogi Patel, 916 S. Owen St., Mount Prospect, Illinois. Mr. Patel said there is currently a one car garage; he wanted to extend it to a two car garage because his family is growing. He stated his parents are moving in and they need the extra space. The current space only gives seventeen (17) feet of space internally in the garage. He said if he stayed within the requirements, it would not be considered a two car garage because two cars would barely fit. He stated he needed a couple more feet so he could get in and out of the car, especially for his parents. Chairman Rogers stated that the Planning and Zoning Commission normally does not grant a Variation for side yards because it restricts the frontage. William Beattie asked if the Petitioner would be able to make this a wider one car garage. Mr. Patel said he has considered this option. He said he would have trouble moving the cars around. Mr. Youngquist stated that Petitioner could park two cars side by side on the existing driveway. Mr. Patel stated that Mr. Youngquist was correct, but he has issues parking two cars if it snows. Mr. Youngquist said part of the problem in this case is where the builder built the house. The builder built it exactly in the center of the property. Mr. Patel said if the Planning and Zoning Commission could not grant the three feet, he said he could use at least a foot and a half or two feet to help open the door. Mr. Youngquist said the design of the 22.6 foot garage is about as narrow as the Petitioner would like to go for a two car garage. He stated what the Petitioner was asking for was appropriate, but he has an issue with it going into the side yard. Mr. Beattie said with what the Petitioner currently has, he could go from the existing 11 foot setback to 6.5 feet for a larger single car garage. The 6.5 foot setback would meet code. Mr. Floros asked if Staff or the Commission has heard from the neighbor directly to the north. Mr. Patel stated that he has talked with some of his neighbors. He said there are houses in the neighborhood that have two car garages. There was general discussion regarding other garages in the neighborhood. Mr. Floros stated he has a hard time approving a Variance practically up to the lot line. He does not want to create a precedent. Mr. Patel said he understood the possibility of not obtaining a three foot Variance, he requested a Variance to encroach one and a half or two foot into the required side yard. Richard Rogers, Chair Planning & Zoning Commission Meeting February 26, 2009 PZ-07 -09 Page 2 of3 Chairman Rogers stated that the Planning and Zoning Commission would like to keep the side yard setback the way it is. He said the Petitioner still could build a 1.5 car garage. Chairman Rogers asked if there was anyone in the audience to address this case. Hearing none, he closed the public portion of the case at 8:26 p.m. and brought it back to the board. Mr. Roberts asked Staff if the other neighbors in the area with two car garages were compliant. There was general discussion regarding neighbors' garages. Chairman Rogers asked a question regarding driveways. Ms. Andrade stated that driveways could go to the property line. Mr. Simmons confirmed that the neighbors could have a combined driveway. Chairman Rogers advised the Petitioner that a two car detached garage could be built. Mr. Patel said he wanted the garage attached to the home. Mr. Floros made a motion; seconded by Mr. Youngquist to approve a Variation to allow a three (3) foot side yard setback along the north lot line, as shown in the exhibit prepared by Thomas Buckley Architect & Associates, dated January 28, 2009 for the residence at 916 S. Owen Street, Case No. PZ-07-09. This case is Village Board final since the Variation exceeds 25% of the Zoning Ordinance requirement. UPON ROLL CALL: AYES: Roberts NAYS: Beattie, Floros, Haaland, Youngquist, Rogers Motion was defeated 5-1. After hearing two additional cases, Mr. Beattie made a motion to adjourn at 9:57 p.m., seconded by Mr. Roberts. The motion was approved by a voice vote and the meeting was adjourned. ~# Ryan Kast Community Development Administmtive Assistant Richard Rogers, Chair Planning & Zoning Commission Meeting February 26, 2009 PZ-07 -09 Page 3 of3 S70 E. NORTHwrSl H\NY, DES PlA1NES, ILUNOIS 60016 (/1471 (.9'HMllB R. W~ STANLEY & ASSOCIATES PHONE (847) (,99-{){) IB ILLINOIS REGISTfRED lAND SURVEYORS PLAT OF SURVEY 1.(1,!, ~:;o YI',Q Cl.F"''Ri,ih'(YJKE:'~~T^tl'I<;-;f rn-:INl, qHi):Vl~~I<H~ IJ}' THi\'r t'l\hT ~':,F 'i'Hi" iHf<,;'l' 11l'~t",I" ! I ./ (iI" 'j'H!" 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(,' ~ FE_"c,,-.~'1 """" ~ ,; ,;,' ~ ..... 22 /.7 /2.80' ___ \A.IOOO FE.NC~ 0;:' '5COTH (J '( C I): "- I c; ~ '1.. " ilJ 2: 81- L.ci-"-,:L ~./' ~t2.'Ck~ il:~ /ANO,' /I=IlAME / l<eS/Dc"'<.~ / ... :t \ 'i. ~ 30~T !J..U/i_DltJb LINt::. \ l__ /44.0' I -----1----- ?L- CRo.>S NorC11 2,O'E'A.sr ,A,.vO O/V L/N~ e.XTeNDED C/.Z.C5f /YoTr_i-1 2.~::' [.A51 /\/'V(J Ei>.T6Nnc:-.l) OWEN STREET Scale L__ Inch equrll~ 2__Q It--'pt Ordt'red hy ~ ..J.6.._c:.i<';.J. L_f;._Q!'i__.~-. Oroer nurnbf'r~___ _:I!ln__.___lJ.J;__?:___ ~(dte 01 lIilnol~ ))) COUllty 01 CDok ) Note; Compan'lhe dp<;niption on thIS plat wilhyuu( deC'd, abstract, or rertifitate of litle, <.llso compare all poihts beforebulldingby Sdm~ Jnd report .mydifft'-rencf.> .II ohn.'. For building line and other rl'~lricli{jrl', flO! ,>hown lwrt'on, relt'r to your <lh~lra{'I, dt'Nt,rontr;HI, or loning ordincHKl' t1t~,~b-"'''J~~~ ......1<\.0 LA IY~"" Q. ....'1".$'.~c;; <i'.....~...... :.....~ .....~."....1'l..,:~.. ......'. ". ... ..~ ~i:i .. 1t.-;;h.1!\ Ii" ...; ~'IU I' :' ",.. .. ,"" ,'" ,.,'", .t ......,' ,\~/""'_'~~" i , '~',"::4N.c,~;v.,!" ..,.". , I, Ronald W..'-.t,ltlley, ~H:'J'f-'by ({"nif)' thallhe above rle~nibed property has been .,urveyeJ under my supervision tH1d thJI the pldf heleon dr,lwn IS a correCl reprf'Senlalion of Sdid survey. [)iri-J(>'n'iion~(Jr(' ~h()wn In /'e~'l Jnd d("rlmal part" Thereof and JrE' correcTed 10 a temperature at 62" FahrenhC'it. De\! PI<llfU-'s, H!lr10i<;:~__M_,4"I3,~: _{~u) Illinois R'..gistc(I'd land SlHvpyor No. __, 19 GEL~ ORDINANCE NO. AN ORDINANCE GRANTING A VARIATION (SIDE YARD SETBACK) FOR PROPERTY LOCATED AT 916 SOUTH OWEN STREET, MOUNT PROSPECT, ILLINOIS WHEREAS, Yogi Patel (Petitioner), has filed a petition for a Variation to allow for a three foot (3') side yard setback along the north lot line for property located at 916 South Owen Street (Property) and legally described as: Lot 22 in Clearbrook Estates, being a Subdivision of that part of the West half (1/2) of the West half (1/2) of the Northeast quarter (1/4) of Section 13, Township 41 North, Range 11, East of the Third Principal Meridian, lying North of the center line of Golf Road, as per Plat of Dedication, recorded October 11, 1929, as Document Number 10494973, according to the Plat of said Clearbrook Estates registered in the office of the Registrar of Titles of Cook County, Illinois, on August 21,1956, as Document Number 1690611. Property Index Number 08-13-208-020-0000; and WHEREAS, the "Petitioner" seeks a Variation to allow for the enlargement of the existing one (1) car garage into a two (2) car garage and create a three foot (3') side yard setback along the north lot line, as shown on the "Petitioner's" site plan prepared by Thomas Buckley Architect & Associates, dated January 28, 2009, Exhibit "A"; and WHEREAS, a Public Hearing was held on the request for a Variation being the subject of PZ-07 -09 before the Planning and Zoning Commission of the Village of Mount Prospect on the 26th day of February, 2009, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 11th day of February, 2009; and WHEREAS, the Planning and Zoning Commission has submitted its findings and negative recommendation to the President and Board of Trustees of the Village of Mount Prospect for the request being the subject of PZ-07 -09; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the requests herein and have determined that the requests meet the standards of the Village and that the granting of the proposed Variation would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth 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 approval of a Variation to allow for the enlargement of the existing one (1) car garage into a two (2) car garage and create a three foot (3') side yard setback along the north lot line, all as shown on the site plan dated January 28, 2009 a copy of which is attached and made a part hereof as Exhibit "A." D Page 2/2 PZ-07-09 SECTION THREE: 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 FOUR: 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 March 2009. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H :\CLKO\WI N\ORDINANCE2\V AR-PZ07 -09916owenmarch2009 .doc ,;;H OJ-J ~1 IHa~~; ~~ ,.;~ ~,-,~~ G i':~~~ 23~' ~ ~ ,[ J:)= ~ , ~ ~ ;'~ ~ . _. .--!.!!-.C?.!.- -& ",UIOft -& "JIOO" 11'-" ,:.' ;'i" >~ Si ~~ .;; ~~ ~~ 00 ,. 5g 'm o . . o ~ q I :, III ~ :: ~ ~ : ::~ ~ ~ ~ ~! i ! 0: ~ ~ o ~ I I I j E ~ ~ m C' m 2 o ~ ffi (f' , --j _ m " r , m < :l> --j o z Village of Mount Prospect Community Development Department , Mount Prospect r MEMORANDUM ~ ~.~~ ~\ \'\ l ~ TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: FEBRUARY 27, 2009 SUBJECT: PZ-05-09/ 800 N. RIVER ROAD / CONDITIONAL USE (DRIVE THRO AND VARIATION (PARKING SPACES) KENNETH BRANDEIS (ARCHITECT) - PETITIONER The Petitioner proposes to redevelop the site from a car wash to a commercial multi-tenant building. The existing car wash structure would be reduced in size and enclosed to include three retail spaces and one drive through restaurant on the east end. The Petitioner seeks approval of a Conditional Use permit for a drive through and a Variation to reduce the number of required parking spaces from nineteen (19) to eighteen (18), for the property commonly known as the 800 N. River Road. The Planning and Zoning Commission conducted a public hearing to review the request on Thursday, February 26, 2009 and by a vote of 4-2 recommended denial of a Conditional Use for a drive through and a Variation to reduce the number of required parking spaces from nineteen (19) to eighteen (18) for the property at 800 N. River Road. Details of the proceedings and items discussed during the Planning and Zoning Commission hearing are included in the attached minutes. Please forward this memorandum and attachments to the Village Board for their review and consideration at their March 17, 2009 meeting. Staff will be present to answer any questions related to this matter. w H:\PLAN\Planuing & Zoning COMM\P&Z 2009\MEl MEMOS\PZ-05-09 800 N. River Road (CU & Variation).doc MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-05-09 Hearing Date: February 26, 2009 PROPERTY ADDRESS: 800 River Road PETITIONER: Kenneth Brandeis - Jakl Brandeis Architects PUBLICATION DATE: February II, 2009 PIN NUMBER: 03-25-400-018-0000 REQUEST: I) Conditional Use for a Drive Through 2) Variation for a Parking Space MEMBERS PRESENT: Richard Rogers, Chair William Beattie Leo Floros Marlys Haaland Ronald Roberts Keith Youngquist MEMBER ABSENT: Joseph Donnelly ST AFF MEMBERS PRESENT: Brian Simmons, AICP, Deputy Director of Community Development Consuelo Andrade, Development Review Planner INTERESTED PARTIES: Ken Brandeiss, Jesse Fojo, Jennifer Delisle, John Truncale, Bridget Mukite Chairman Richard Rogers called the meeting to order at 7:30 p.m. Leo Floros made a motion to approve the minutes of the January 22,2009 meeting; Keith Youngquist seconded the motion. The minutes were approved 4- 0; with Marlys Haaland and Ronald Roberts abstaining. After hearing four previous cases, Chairman Rogers introduced Case PZ-05-09, a request for a Conditional Use for a Drive Through and Variation for a parking space at 800 River Road, at 9: 15 p.m. Consuelo Andrade, Development Review Planner, stated the property owner would like to redevelop the site from a car wash to a commercial multi-tenant building with a drive through restaurant. The Petitioner was requesting a Conditional Use with a drive through and a Variation to the required number of parking spaces. The subject property is located at the Northwest corner of the intersection of River Road and Kensington Road; it is zoned B-4 Corridor Commercial. The property is adjacent to the R-4 Multi-Family District to the west and north, and unincorporated Wheeling Township to the south and east. Ms. Andrade said under the proposed redevelopment plan, the vacuuming structure currently located on the west side of the property would be demolished. The car wash structure would be enclosed and reduced in size. The building would be reduced from 3,741 square feet to 2,386 square feet; and include four commercial tenants with a drive through at the east corner. The Petitioner proposes to add parking and landscaping to the site and enhance the building's fayade. The Petitioner seeks approval of Conditional Use permit and a Variation to the required parking to allow redevelopment of the site. Richard Rogers, Chair Planning & Zoning Commission Meeting February 26, 2009 PZ-05-09 Page 1 of 5 Ms. Andrade showed the site plan. The Petitioner's site plan indicated 1,242 square feet of retail and 1,144 square feet for a drive through restaurant. The Petitioner is required to provide five (5) parking spaces for the retail portion and fourteen (14) parking spaces for the restaurant; for a total of nineteen (19) parking spaces required. The Petitioner is requesting a Variation to reduce the amount of parking spaces from nineteen (19) to eighteen (18) parking spaces. The Petitioner worked on a number of concept plans before finalizing the site plan and tried to comply with landscaping requirements by adding interior landscaping and foundation landscaping at the Southeast corner of the site. The proposed site would comply with the required eight (8) spots for stacking in a drive through. Access into the property from adjacent roadways would not change from present conditions. The existing access drive from Kensington Road would be maintained and the Petitioner did not propose an access drive from River Road. Ms. Andrade showed and discussed the landscape plan. The redevelopment of the site would not affect the perimeter landscaping; the Petitioner would add interior and foundation landscaping. Ms. Andrade showed the building elevations. The north and south building facades would be enhanced with the addition of new building materials. The front elevation would include brick, glass, cut stone, decorate dryvit, and metal canopies. The rear elevation of the building would include a mixture of brick, decorative dryvit, and concrete. Since the rear elevation fronts residential property, the proposed rear elevation shall be revised to be compatible with the adjacent residential by replacing the proposed concrete masonry units with brick materials. Ms. Andrade said the adjacent neighbors subm itted a petition in opposition of the proposed redevelopment of the site. They were concerned with the close proximity of the drive-through to the residential use, the potential smell of food, the lack of parking, property maintenance, and hours of operation. Ms. Andrade stated that drive-through restaurants next to residential areas is not uncommon in the Village. The Petitioner was proposing to change a drive-through car wash to a drive-through restaurant. The building permit review would ensure that the hood is installed properly and the easterly winds in the area would alleviate the smell of the drive-through restaurant. The Petitioner intended to keep the dumpsters in the same area on the northwest corner of the property; the dumpsters are presently enclosed by a wood privacy fence. Routine property maintenance, food, and sanitary inspections would insure that the property is being maintained. A tenant for the drive-through restaurant has not been disclosed to the Village. Ms. Andrade said as stated earlier, the subject property is surrounded by perimeter landscaping. The landscape areas along the north and west property lines act as buffers between the subject property and the residential uses. This area measures more than thirteen (13) feet wide and consists of a six (6) foot high wood privacy fence and eight (8) foot high hedge bushes. Ms. Andrade showed pictures of the screening. Ms. Andrade summarized the code standards for a Conditional Use and Variation. Retail and restaurants are permitted uses in the commercial district that the property is currently zoned. Additionally, the proposal would be in compliance with the Village's Comprehensive Plan designating the property for commercial land uses. The proposed drive-through is a less intense use than the existing multi-bay car wash. Ms. Andrade said that Staff recommended approval of the motion listed in the Staff Report. Chairman Rogers swore in Ken Brandeiss, 842 Kingston Lane, Bartlett, Illinois and Jesse Fojo, 670 Plum Tree Road, Barrington, Illinois. Mr. Brandeis stated that Mr. Fojo was losing money with the current use as a car wash. He said Mr. Fojo came to him to discuss different types of uses. They decided a fast food restaurant and retail space was the way to go. Chairman Rogers asked the Petitioners if they were aware of the petItIon submitted by approximately 50 neighbors. Mr. Fojo stated that they have not identified what type of fast food store would go into the proposed development. He said the ideal food place would be similar to a Jimmy John's; a place that does not cook anything, but only bakes bread. Mr. Fojo stated there would be no fryers. He also suggested that a coffee shop like a Starbucks would be a good use. He said odors from the restaurant are positive compared to gas fumes that are coming from its current use as a car wash. Mr. Fojo said they do not know what tenants would lease out the Richard Rogers, Chair Planning & Zoning Commission Meeting February 26, 2009 PZ-05-09 Page 2 of 5 space as they had just begun the process. He said the reason for redeveloping the site was based on economics; sales are down and costs are up. There was general discussion regarding the usage of dryvit in the Village and on the building. Chairman Rogers said the type of restaurant is a major concern to the residents. He said the Petitioners may have an issue leasing space due to the economy. Mr. Fojo stated that he was trying to come up with the best solution for the property. There was general discussion on whether tenants have been signed or looked at the proposed development. Mr. Youngquist said the retail spaces were small and he knows the Petitioners were working with the existing building. He does understand the Petitioners are requesting the approval from the Planning and Zoning Commission and the Village Board, but he said that the Petitioners have locked themselves into parameters because of the parking requirements. If they want to expand the restaurant space, the parking ratios would change. He said the Petitioners do not have a lot of flexibility. He complimented the Petitioners for attempting to change the use. Mr. Fojo said the project does depend on tenants. He said they are restricted by the landscaping. There was further discussion regarding potential uses. Chairman Rogers swore in Jennifer Delisle, 814 River Road, Mount Prospect, Illinois. Ms. Delisle stated that 55 residents signed a petition against the proposal. She showed the board a picture of where the condos are located compared to where the proposed drive-through would go. She said the units that face the proposed drive-through location; that is their only outside area. All of their windows and exterior patio doors only face that side; no other choice to open windows on any other side. The air conditioning units only face this side of the building. Ms. Delisle said any smell from a proposed restaurant would go into the condos. Chairman Rogers asked Ms. Delisle how they are affected with the car wash. Ms. Delisle stated there have been no issues with the current use; noise and exhaust is not a problem. She said the proposed parking would be an issue with what the Petitioner is proposing. She was concerned with overflow cars utilizing the condo's parking lot. Ms. Andrade clarified that a restaurant is a permitted use within the zoning district and the petitioners request for a drive-through and parking variation require additional zoning approval. Chairman Rogers said the Petitioner was basically meeting the parking requirements, short by one car. He said the retail spaces are so small that parking should not be an issue. Chairman Rogers did understand the issue regarding the smell of a potential fast food restaurant. Chairman Rogers swore in John Truncale, 270 Woodland Drive, Mount Prospect, Illinois. Mr. Truncale is concerned with the drainage if the proposed development was approved. He said there currently there are drainage issues with its current use. Mr. Truncale stated he does not have an issue with a restaurant going into the site. Chairman Rogers said from what he sees in the plans, the Petitioner was not planning on changing the grading. The building would be slightly smaller as two east drive bays are being removed. The roof area would be smaller. Chairman Rogers does not believe the drainage will change. Chairman Rogers swore in Bridget Mukite, 804 River Road, Mount Prospect, Illinois. Ms. Mukite said there was already a lot of traffic in their lot because of the two bars south of the proposed development in unincorporated Cook County. Ms. Mukite stated she is concerned that there might be additional problems for the condos to the Richard Rogers, Chair Planning & Zoning Commission Meeting February 26, 2009 PZ-05-09 Page 3 of 5 north if the proposed development sits vacant with no tenants. Chairman Rogers stated there is a fence between the properties. Chairman Rogers asked if there was anyone in the audience to address this case. Hearing none, he closed the public portion of the case at 9:55 p.m. and brought the discussion back to the board. Mr. Floros made a motion; seconded by Ms. Haaland to approve the following motions: "To approve: 1) A Conditional Use permit for a Drive Through; and 2) A Variation to reduce the number of required parking spaces from nineteen (19) to eighteen (18), for the property commonly known as the 800 N. River Road, Case No. PZ-05-09, subject to compliance with the following conditions: A. Prior to the issuance of a development permit, the petitioner shall provide civil engineering drawings for review and approval by the Village. The engineering drawings shall illustrate the existing conditions, demolition of the site/building to be removed, and proposed improvements. The proposed plans must include details of the pavement marking, signage, grading, and utility improvements. B. Development of the site in general conformance with the site plan prepared by Jakl Brandeis dated November 11, 2008 and received by the Community Development Department on January 30,2009. The site plans shall be modified to reflect the following changes: a. The plan needs to show the existing topography in the right of way adjacent to the site. b. The one-way, westbound exit from the drive-through should taper down to twelve feet (12') to discourage traffic from entering the wrong way. C. A detailed landscape plan in accordance to the landscape requirements of Article 23 of the Zoning Code shall be submitted for staff review and approval. The landscape plan shall detail both new proposed plantings and existing landscaping on the property. D. Any work in either Kensington Road or River Road rights of way will require a permit from the Illinois Department of Transportation (lOOT). E. Development of the elevations in general conformance with the building elevations prepared Jakl Brandeis dated November 11, 2008 and received by the Community Development Department on January 30, 2009. The rear elevation shall be modified to reflect the following change: a. The concrete block shall be replaced with brick along the building's north facade. F. If new outdoor lighting will be provided, prior to the issuance of a building permit, the petitioner shall submit photometric plans and drawings (cut sheets) that satisfy the Village's code requirements for illumination. G. The Petitioner shall construct the building in accordance to all Village Codes and regulations, including, but not limited to: the installation of automatic fire sprinklers and fire alarm systems. Additional fire hydrants may be necessary. H. A building permit, in accordance with the current regulations and requirements of the Village of Mount Prospect, must be issued within one (1) year from the date of adoption of the enabling ordinance by the Village Board which authorized the development proposal. The development approvals granted herein, without need for further action by any Village board, commission or official, shall become null and void if no building perm it is issued within the one (1) year requirement and improvements completed within a period of eighteen (18) months." Richard Rogers, Chair Planning & Zoning Commission Meeting February 26, 2009 PZ-05-09 Page 4 of 5 The Village Board's decision is final for this case. UPON ROLL CALL: A YES: Floras, Youngquist NAYS: Beattie, Haaland, Roberts, Rogers Motion was defeated 4-2. Mr. Beattie made a motion to adjourn at 9:57 p.m., seconded by Mr. Roberts. The motion was approved by a voice vote and the meeting was adjourned. ~% Ryan Kast Community Development Administrative Assistant Richard Rogers, Chair Planning & Zoning Commission Meeting February 26, 2009 PZ-05-09 Page 5 of 5 LINCOLNWOOD, IL 60712 (847) 675-30{ FAX: (847) 675-216 PROFESSIONALS ASSOCIATED Properly - Condo - Mortgage Surveys n_JfurJ}~hc~'m~ JAN 1 5 2009 ~. @ I- ~u...u (Q)o~ l?'\\wC/) ~~o Mll~~ dJ>1-' = :E IYb p~cr:!VED ~ NORTH OF. LOT 2 IN KENSINGTON CREEK, A RESUBDIVISION OF~ART OF LOT 4 IN THE THE SOUTHEAST 1/4 OF SECTION 25, TOWNSHIP 42 NORTH, RANGE 11, EAST MERIDIAN, IN COOK COUNTY, ILLINOIS. ViI:c.,Je of l\~1. Prospect OWNER (:S" 'Mli'lil\trJi{sm~)i wi' OF THE THIRD PRINCIPAL - Commonly known as: 80~ North River Road, Mount Prospect, Illinois. ~ lOT . iI~~I:. ~se ....--;:--..- -ea:~"'--"- "'" . 8 . ~.a. ff ~. 1:' . G;lQ boO . :'ii~~~ =:--....-- I.oo',c'. 'd 0:: " ,~ ~.,' wooc! 9rJ.. ~~t-<\."Tc'-S, ~. 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III 1:11 III I 1 DATE 11 11 0 ,-------------, I I I I II II JAKL BRANDEIS ARCHITECTS L TO. 1800 HAWTHORNE LANE WEST CHICAGO, ILLINOIS 60185 PH. (630) 562-3900 FAX (630) 562-2570 o ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIATION FOR PROPERTY LOCATED AT 800 NORTH RIVER ROAD, MOUNT PROSPECT, ILLINOIS WHEREAS, Ryal, LLC (Petitioner), has filed a petition for a Conditional Use permit for a commercial multi- tenant building with drive through access and Variation for parking with respect to property located at 800 North River Road (Property) and legally described as: Lot 2 in Kensington Creek, A Resubdivision of Part of Lot 4 in the owner's subdivision in the Southeast X of Section 25, Township 42 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois. Property Index Number: 03-25-400-018-0000; and WHEREAS, the "Petitioner" seeks a Conditional Use permit to redevelop the site from a car wash to a commercial multi-tenant building with drive through access; and WHEREAS, the "Petitioner" seeks Variation to reduce the number of required parking spaces from nineteen (19) to eighteen (18) as shown on the "Petitioner's" site plan prepared by Jakl Brandeis dated November 11, 2008, Exhibit "A"; and WHEREAS, a Public Hearing was held on the request for a Conditional Use permit and Variation being the subject of PZ-05-09 before the Planning and Zoning Commission of the Village of Mount Prospect on the 26th day of February, 2009, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 11th day of February, 2009; and WHEREAS, the Planning and Zoning Commission has submitted its findings and negative recommendation to the President and Board of Trustees of the Village of Mount Prospect for the request being the subject of PZ- 05-09; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the requests herein and have determined that the requests meet the standards of the Village and that the granting of the proposed Conditional Use permit for a drive-through and Variation would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth hereinabove are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: Approval of the Conditional Use and Variation is subject to compliance with the following conditions: A. Prior to the issuance of a development permit, the petitioner shall provide civil engineering drawings for review and approval by the Village. The engineering drawings shall illustrate the existing conditions, demolition of the site/building to be removed, and proposed improvements. The proposed plans must include details of the pavement marking, signage, grading, and utility improvements. B. Development of the site in general conformance with the site plan prepared by Jakl Brandeis dated November 11, 2008 and received by the Community Development Department on January 30, 2009. The site plans shall be modified to reflect the following changes: a. The plan needs to show the existing topography in the right of way adjacent to the site. b. The one-way, westbound exit from the drive-through should taper down to twelve feet (12') to discourage traffic from entering the wrong way. E Page 2/2 PZ-05-09 C. A detailed landscape plan in accordance to the landscape requirements of Article 23 of the Zoning Code shall be submitted for staff review and approval. The landscape plan shall detail both new proposed plantings and existing landscaping on the property. D. Any work in either Kensington Road or River Road rights of way will require a permit from the Illinois Department of Transportation (lOOT). E. Development of the elevations in general conformance with the building elevations prepared Jakl Brandeis dated November 11, 2008 and received by the Community Development Department on January 30, 2009. The rear elevation shall be modified to reflect the following change: a. The concrete block shall be replaced with brick along the building's north facade. F. If new outdoor lighting will be provided, prior to the issuance of a building permit, the petitioner shall submit photometric plans and drawings (cut sheets) that satisfy the Village's code requirements for illumination. G. The Petitioner shall construct the building in accordance to all Village Codes and regulations, including, but not limited to: the installation of automatic fire sprinklers and fire alarm systems. Additional fire hydrants may be necessary. H. A building permit, in accordance with the current regulations and requirements of the Village of Mount Prospect, must be issued within one (1) year from the date of adoption of the enabling ordinance by the Village Board which authorized the development proposal. The development approvals granted herein, without need for further action by any Village board, commission or official, shall become null and void if no building permit is issued within the one (1) year requirement and improvements completed within a period of eighteen (18) months SECTION THREE: The President and Board of Trustees of the Village of Mount Prospect do hereby grant approval of a Conditional Use permit and Variation for redevelopment of the subject property from a car wash to a commercial multi-tenant building with drive-through access, all as shown on the site plan dated November 11, 2008 a copy of which is attached and made a part hereof as Exhibit "A." SECTION FOUR: 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 March 2009. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H :\CLKO\WI N\ORDI NANCE2\C USE, V AR-pz05-09800nriverrdmarch2009.doc 2 135.00' ~ - - ~ ~ \J\ ~ ~ \\\ 20'-O".,.ur,.uo.1lAC1 . . .. . ii "- \S co 60# 90# LO# 90# ~O# vO# ro# lO# 10 .. ... = \" \ )> .~ - ~ - Z \ Q ~ 9 9 #14 #13 #12 #11 #10 I if II 0 ~ yo if '-" ~ en I'V I'V 11 ~ U1 ~I --.J 18- 0J ~ 00 ^ I'l Z "" en 00 z C) ---j 0 z :;;0 ~ CJ 1 c i ~ z ~ It ..... d ~ i H , ;; di~ l t! I 'i.. ~ ~ . H i , , I . . ' '!l ~ I, i : 1 d~ : 5 ] I ~--~ I I I , ~ 135.04' N. RIVER RD G1I o ISSU[ """ , -11- FAST FOOD RESTAURANT ANO RETAIL 800 NORTH RIVER ROAD MOUNT PROSPECT, ILLINOIS JAKL BRANDEIS ARCHITECTS L TO. 1800 HAWTHORNE LANE WEST CHICAGO. ILLINOIS 60185 PH. (6JO) 55F391lU FAX (6JO) 561-1570 , COOl: A(W:;ION-2 PDF created with pdfFactory Pro trial version www.DdffactorV.com o Mount Prospect Public Works Department INTEROFFICE MEMORANDUM DATE: VILLAGE MANAGER MICHAEL E. JANONIS DEPUTY DIRECTOR OF PUBLIC WORKS MARCH 12, 2009 ~'~I~ ~/'1 0-' TO: FROM: SUBJECT: PROPOSED MODIFICATION TO RIGHT-OF-WAY ACCESS C ORDINANCES I CCTV REQUIREMENT Attached for your review and consideration please find a copy of a proposed ordinance that modifies the Village's right..:of-way access control code. Specifically, this ordinance will require utility companies that seek to install underground conduits or facilities in Village rights-of-way utilizing trench less technologies, such as directional boring, to perform post-construction closed-circuit television inspections of encroached or bisected sewer mains. The purpose of this requirement is to detect construction related damage to sewer mains in a timely manner. For many years, this televising requirement has been made a condition of utility right-of- way construction permits whenever plans indicate that facilities will be installed perpendicular to sewer mains. This requirement is a result of the Village's experiences with directional boring and other trenchless technology techniques. Trenchless technologies, directional boring in particular, have become extremely popular with utility companies because they are cheaper, faster, and minimize the costly surface restoration that often accompanies traditional construction techniques such as open-cut excavation. However, a major disadvantage of trenchless technology is that is not possible to inspect the placement of the conduits or visually monitor the path of the boring equipment. As a consequence, albeit an unintended consequence, the Village has experienced significant damage to sewer mains on several occasions. One relevant incident involved the discovery of a Ilmystery pipe" bisecting a Village- owned sewer in the Wa Pella Avenue right-of-way near Golf Road. During routine TV inspection work, Village crews found a small diameter conduit had been bored through the sewer main at mid-pipe level. Despite repeated efforts, no utility company would acknowledge ownership of this pipe. Ultimately, the Village forces attempted to cut the pipe and discovered that it was a live natural gas conduit. Nicor finally agreed the pipe belonged to them and affected necessary repairs. However, efforts to ascertain Page 2 of2 PROPOSED MODIFICATION OF ROW ACCESS CONTROL ORDINANCES I CCTV REQUIREMENT MARCH ]2,2009 ownership were complicated greatly by the passage of time (Nicor thought their facilities in this area had been abandoned). Staff finds it extremely fortuitous that natural gas never leaked into the sewer and there was never a need to clean the pipe with a mechanical root-cutter. Village-owned facilities, sewer mains in particular, have been subject to this type of damage on numerous occasions. For the most part, this post-construction televising requirement has been well-received by utilities and contractors. We have achieved a high rate of compliance. However, on the advice of the Village Attorney, staff believes that enforcement can be improved if it is formally incorporated into the Village Code in the same manner as our other utility permitting and right-of-way access control regulations. With your concurrence, I ask that this matter be forwarded for the Village Board's consideration at the March 17, 2009 regular meeting. If you have any questions, or would like to discuss this matter in further detail, please contact me. 2;::~ Cc: Assistant Village Manager Dave Strahl Director of Public Works Glen Andler Village Attorney George Wagner Project Engineer Donna Brown File ORDINANCE NO. DRAFT AN ORDINANCE AMENDING CHAPTER 9 OF THE MUNICIPAL CODE OF MOUNT PROSPECT REGARDING DAMAGE TO VILLAGE-OWNED UNDERGROUND FACILITIES ON PUBLIC RIGHTS-OF- WAY WHEREAS, the Village of Mount Prospect's sanitary and storm sewers and water mains (the "Village's Underground Facilities") are susceptible to damage during construction by utilities of underground facilities in the rights-of-way; and WHEREAS, the Illinois Underground Utility Facilities Damage Prevention Act, 230 ILCS 50/1 et seq. (the "Act"), requires a utility to take certain steps to prevent damage to other underground utility facilities during its construction in the rights-of-way, but does not provide a method for the detection of damage to existing underground utility facilities as a result of such construction; and WHEREAS, the Village's Underground Facilities have been damaged in the past despite the requirements of the Act; and WHEREAS, it is often impossible to immediately detect damage to the Village's Underground Facilities and the failure to repair such damage endangers the public health and safety, including residences and businesses, due to uncontrolled flow of water and sewage, and the back up of sanitary and storm sewers, among other things; and WHEREAS, the delay in detection of damage to the Village's Underground Facilities makes it difficult to determine the utility responsible for the damage; and WHEREAS, it is in the best interests of the Village to establish a method for detecting damage to the Village's Underground Facilities after a utility has constructed underground facilities that crossed over or below the Village's s Underground Facilities; and WHEREAS, the Village has determined that the appropriate method for detecting such damage is to require the constructing utility to visually inspect the Village's Underground Facilities, which have been so crossed, through a process known as televising. F iManage:22841 0_1 1 NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS: SECTION 1: That Section 9.815, entitled "Location of Facilities", of Article VIII, entitled "Construction of Utility Facilities In The Public Rights-of-way", of Chapter 9 of the Village Code of the Village of Mount Prospect shall be amended by inserting a new sub-subsection d(3), to be and read as follows: d) Underground Facilities Crossing Village-Owned Facilities. 3) In order to determine if Village-Owned Facilities have been damaged by a Permittee's construction of underground facilities crossing above or below Village-Owned Facilities, the Permittee shall, at its expense and within ninety (90) days after the completion of such construction, perform a video-taped internal pipe inspection, known as televising, of such Village-Owned Facilities at the location where said Facilities were crossed, and provide within that time period a report of the inspection along with a copy of the video-taped record of the inspection to the Director of Public Works. In the event that damage to Village-Owned Facilities is discovered at the location where those Facilities were crossed, such damage shall be deemed prima facie evidence that Permittee's construction caused the damage, and Permittee shall be responsible for such damage, as provided in the Illinois Underground Utility Facilities Damage Prevention Act, 230 ILCS 50/1 et seq. This provision does not limit any civil liability that Permittee may have as a result of the damage. SECTION 2: That the Corporate Authorities of the Village of Mount Prospect have determined that it is a matter of urgency that this Ordinance take effect immediately upon its passage by two-thirds vote of the Corporate Authorities of the Village of Mount Prospect. AYES: NA YES: ABSENT: PASSED and APPROVED this _ day of ,2009. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk iManage:22841 0_1 2