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Home My WebLink About6. NEW BUSINESS 07/21/2009 Village of Mount Prospect Community Development Department MEMORANDUM FROM: MICHAEL E. JANONIS, VILLAGE MANAGER DIRECTOR OF COMMUNITY DEVELOPMENT ~b Hl~ 1~cft TO: DATE: JULY 13,2009 1200 BUSINESS CENTER DRIVE - CLASS 6B INDUCEMENT RESOLUTI SUBJECT: Attached to this memorandum is a resolution that would grant approval of a Class 6b property tax incentive for Xttrium Laboratories, Inc. who is seeking to purchase the property located at 1200 Business Center Drive. The property is located within the Kensington Business Center and was most recently occupied by Northfield Laboratories. Northfield Labs occupied half of the subject building and recently filed for bankruptcy. The second half of the building has been vacant for several years. Xttrium Laboratories is seeking to purchase the property and occupy the entire building. Cook County initially required that buildings sit vacant for more than 24 months before being eligible for Class 6b consideration. However, their regulations permit approval of the Class 6b for properties that have been vacant less than 24 months if there are "special circumstances" that warrant this. Since the entire building has not been vacant for a period of 2 years, a determination of special circumstances is required in order to approve a Class 6b at this location. The special circumstance that applies in this case is that the Village is located in close proximity to Lake and Dupage Counties where taxes on industrial property are significantly lower. The Village has supported Class 6b requests in the past which have required determination of special circumstances. Please forward this memorandum to the Village Board for their review and consideration at their meeting on July 21 st. Staff will be present at that meeting to further discuss this matter. ~h- W" J. Cooney Jr. e DUFF & PHELPS, LLC . 311 SOUTH WACKER DRIVE, SUITE 4200 . CHICAGO, IL 60606 . TEL 312-697-4600 . fAX 312-697-0112 DUFF&PHELPS JOSEPH PILEWSKI Busilless Iuceutive Advisory TEL 312-697-4633 FAX 312-265-3521 joe. p i lewski@duff.ndphe!ps.com June 29, 2009 Mr. Brian Simmons, AICP Deputy Director of Community Development Village of Mount Prospect 50 South Emerson Street Mount Prospect, illinois 60056 RE: Xttrium Laboratories, Inc. - Request for Cook County 6B Incentive Dear Brian: Thank you for your participation in Xttrium Laboratories, Inc.'s ("Xttrium") discussions with the illinois Department of Commerce and Economic Opportunity. We appreciate your support for Xttrium's proposed project. As a follow-up to our meeting, Xttrium requests that the Village of Mount Prospect (the "Village") pass an ordinance supporting and consenting to the filing of a Class 6b Application and finding that the Class 6b is necessary for development to occur on the subject property. In addition, Xttrium asks that the Village make a finding of special circumstances justifying that 1200 N. Business Center Drive, Mount Prospect (the "Property") is abandoned for purposes of the Cook County Class 6b Incenti ve. As I'm sure you are aware, the Cook County Class 6b is an industrial incentive available to new construction or abandoned properties being reoccupied. The Cook County Class 6b Eligibility Bulletin (the "Bulletin") defines abandoned property as buildings and other structures that, after having been vacant and unused for at least 24 continuous months, are purchased for value by a purchaser in whom the seller has no direct financial interest. In situations where a property has not been vacant and unused for 24 continuous months, the Bulletin provides for an exception. The Bulletin allows a municipality to find that special circumstances justify finding that a property is abandoned for the purpose of Class 6b. The use of the "special circumstances" concept is defined in a broad manner and the municipality and Cook County have discretion regarding its application. The potential limitations on special circumstances are the following: "A. There has been a purchase for value and the buildings and other structures have not been vacant and unused prior to such purchase; or B. There has been no purchase for value and the buildings and other structure have been vacant and unused for less than 24 continuous months." www.duffandphelps.com Mr. Brian Simmons, AICP June 29,2009 Page 2 of2 If approved, Xttrium will be purchasing the Property for value from a seller in which they have no direct financial interest, therefore scenario B does not apply. With regard to scenario A, the Bulletin is silent on the amount of time the property has to be vacant and unused. As discussed, the Property is comprised of four units, two of which have been vacant for some time now. In addition, the two units currently occupied are expected to become vacant due to bankruptcy filing by the current owner. Therefore, scenario A does not apply. If special circumstances are approved, Xttrium would be able to acquire the Property and make approximately $2.5 million in investments in machinery and equipment and create approximately 40 new jobs at this facility. In addition, over a two to three yearperiod of time, Xttrium would be able to relocate its current headquarters and manufacturing facility from Chicago to Mount Prospect which would result in the relocation of 70 additional positions and would ultimately result in over 100 total Xttrium-jobs at this site in Mount Prospect. Xttrium is a 75-year old company specializing in liquid pharmaceutical products which sell to major hospitals and pharmaceutical distribution companies. These companies include Cardinal Health, Becton Dickenson, Sage Products, Purdue Frederick, Steris, Ballard, Medline, and Meritech. There are only two remaining liquid pharmaceutical companies of their type in the United States. Given the circumstances of the current property owner and the opportunity to attract a company of Xttrium's stature, we respectfully request that the Village Board consider passing an ordinance with a finding of abandonment under the special circumstances provision within the Cook County 6b program. We request that this matter be added to the agenda of the Village's July 21,2009 Board meeting. Thank you for your support of the proposed project. We look forward to working with you in the near future. If you have any questions please feel free to contact me at (312) 697-4633. Very truly yours, ~E: ~' Copy to: Dr. Ram Chakroborty, Xttrium Laboratories, Inc. Michael Lippner, Xttrium Laboratories, Inc. Jennifer Fitzgerald, Duff & Phelps, LLC, Chicago Bradley Davis, Duff & Phelps, LLC, Chicago Bill Cooney, Village of Mount Prospect il LABOFlATOAIES Founded in 1932,Xfirlumis a leading supplier ofimtlrnicrobiaI solutions. toUS Hospitals. Xttrium isthemaJorsupplierofFDAapproved 2% and;;4% CQIqrhexidille Glu<:onate (CHG, Sqll.ltiqn), themoSt~ffe<::tiv,e known antimicrobial for surgical scrubbillg. :',..:,,,:-,.-::,.' <:c-:- " . ,"'';,'"1;>',, ' ,: ,',,:,- ,_,'" :.",' '" ' Gingivitis and gum disease affect millions each year)~hlorhexidine Gluconate is crucial treatment/slashing bClctt:!riacounts 54 % to. 97% when used regularly over six months. ' BIOEo.UIVALENCY Xttrium's brand has the same efficacy andactive,ingredit:!nt, 0.12% CHG, asthe national brand. XttriLim LabdratdrIesis a: leading supplier ofCHO, the mpst effective knOwhantimlcrobial for surg ica I scru bbillg,pr~qper9tive patient prep, skin woun9 c1eansing~n9.health ~are personnel hand w~shin9' SAFETY Xttriumis a,FDAcompIiant laboratory thatrneets supe~or product standardsandassLJr~s' consistent CJu~lity~~c;~I,I~n,c~. After rinsing,3g~ ofm,!?i]lg:!YE:! ingredient,' O.12~,CH<31,'temairlsin the mouth ahd released overtime to combat the effects of bacterial growth on gUrTlS, And <:HG has.a less than 1% absorption rate gastrpintE!stinally. BENEFITS PHARMACIES AND CUST()IVI;f;~S The.X1:trium~eneriCQ.12%CHG Oral Rinse bringspharmacie~new profit rnar9in~'.C31:tractiVE!annual rebates, and quality ancJvalue oppqrtunitiesforypur't;:ustomers, Xttriums NSEforrT1ula;ismore' afforda9.le, fostering, greater c9t"r1pliahce wi~9 Fh.E!.' twice-daily-use f'e!gimenrfrequentreplenish IT] ent, a,r)~n1()fE! Visits to pharmacies. Available frorn: IvIcKesson#2469146 AA#4542684 QikDrug #987495 01l6-2001c15 0116-2001-04 0116-2001-16 0116-2001-64 Cardinal Distribution #3279106 BBC#642633 Kinray#714170 . , ' ", FOR MOR.E'INFORMATION CALL NATIONAL ACCOUNTS 415 West Pershing RoadeChicago,lL 60609 ' ,. Toll Free 800,587.3721 e Phone 773.268.5800 . Fax 773.268.3834 . xttriUnl.Cbrn OR-0906 Pha.....~. ..'In.... ....s..... ...cc.........v.... TImes Ac:iultin<:bntinen<:e products are a sigoifkant health care category;saies totaled $535 million last year and dollar sales grew 4.5 petcent! . Incontinence affects an eslimated 13 million peopie,5 percent of the population in North America; " one in four women between the ages of 30 and 5~ experiences a decreMe in blaooer conlrril; . bladder leakage is particularly c.ommon amongolderAmcrlCllns:-'sorneeslinlates suggest that one in 5 pebpleSuffer from somdonl1of incontinence. This expanding category will continUe to gM'lIIas baby. boomers alJe.#.. With q~~y boome~5 hilting 50. :ila ;.He. oroneeYeryeightsectl~$, there. is growing demand for incontinence produClS. Esped;tBy")< since lOday'sAmericans are more active and want discreet ine~~ods./i, to hide.incontinence. Lxpens belIeve iJ:1COl1linencl1~.alc:sgroWtl .. willoutpac:ethat of .the baby diaper markel, a fact mat putst]1, drug sloieslna very heaJulY position,P81g stores?Oppe~l?I";:,;' ...., ' . '.' ......... ... . to 'be older-the right base forincontinencesalesd:)rugslOre},:n',l> efforts to build a destination department for adu.1t inc;ontinence products;lfe fmally paying6ifi' Category sales in WlJ!S ;lfe advancing at a 4.5 percent rate and the drug channel IS the domm.tr.r.~ . place ofpurcliase, Illcon~nence .is a hot grawth calegory fpr BBe: in ~e nextlO years. ' """;'." ..:'-:\ "j':">i}d l I l \ i 'Th~ ARC solution MC,the premium formula for peri-reclal dermatitis associated with adult incontinence, haS been used in hospitals fOr over. 40 years. Aware of the product's effiClC}', consumers are asltingtor it by name!n ri~l:tiJ pharmacies. for relailerswhoaddthe product to. their mix, ARC: ..genernle5 45 percemgrbss profit rl'largm; .0cCtlpiCl1 anly 2 '/,ioche$ of shelf space Jar one facing; "creates conSumer awareness \vim free trial_size samples and $1.06 rnail-lnrebate COllpo.ns; . pulls product thrbughthe store withthtgeled, effective advenisihg in regional active adult publications; . user.friendly Web site prOVides dei.ailedProduct information andparticip3ting retailer locations. Visit www.adullIashcreme.cam for more information. Blinging great professional products to retail Founded in 1950, XttriumLaboratories is a leading supplier of antirnicrobials and disinfect;!nts to U.S, hospitals. In faa, Xttrium is the major U.S. supplier of FDA-approved 2% anc) 4'lb Ch]9rhexidine Gluconate CCHG Solution), the. mOSI effective knavm ;lnlimicrobial for surgical saubbing, wound cleansing and heaJthClre personnel hand washing. For more information on XttriumLaboratories and haw ARC can add anew; profit;!bk dimensio.n to. your adult incontinence category, 'Call Hal Burke, National Accounts Manager at sn-XTT-ARCl (Sn.98S-2721). .Jnfonrwtion Rl!.SOurcB, 11)C_ d:uafrom 52W8ek! ~lltkd Alarch 20, 2005 -Drug Srort! MmlQ8cmC1J1's 2004-2005 Annual Stale ofd;e JlldU..sI')' Report_ ARI: 1 ~fu ^ciJillh~ , T.....'......O-... 'l. .;.,.............~ .It y~c-- i ...-...-..,. XttriumLabOt:llorlcs, loe. 415 West per.;hlng Road, CWcago, IL 60609 phone e7'm 268-5800 fax em) 924-6002 UJwsile: www.xttrlum.com e'lI/a/l' hburkdh.itrium.com [I Reprinted from the June 2005 issue ofPha=cy Times. (92005 Ascend Media LLC. For more information about reorinrs from Pharrnac" Time, rnnMrt PA liS !nrprnotinnol r n~ ., J 1 L JJ 1 _OCDC I / ;.':.0.... , "'~\[~ DRUG SMRE NEWS @'Vt i!timizingyour ~MotherWith .Baby"SaLe6 ? Young moms-they're every chain's primedemogrJphic target. She's YOUr dream cllstomer~her marketbasket rings exceed your average doll,lT sale !llld she shops heavily and often. W11el1sl1e shops for bel' baby sbe's: 'WiUing to par a premium for qualiq' products Ihatd~liyer 9n their pl'Omlse · Open to other channels, such as the internet and c:ltalogs,when looking for unique items she can't find in stores. Yoli (Em't afford to rose !Jer \Yithdrug chail15 ;!vcraging onll' 1.7 consumer visits per month and a fronl-end ring under 510, losing this CUStomer is a big mistake. brugchains need to: . Differemlate tl1emsClves in a competitive market with unique products Illat appeal to .this key l:onsumer segment . Reduce on duplic:Ue fatings of low-margin baby proctUl:ts . Eliminate slow-moving !tne c..-":Iensions . Rcpl:lce non-producLlve SKUs wilh profit-producing, quality niche products .thaI stimulate repeat visits and sales. TbeDRC SOluti011 DRe is qulckly becoming the diaper rash solution of choice. In mulonal. chains Illat have added DRe to their mix, ORe: . Outsells 50% of~he products in th~ pabl'care planogram . 'Ranksrlght behi.ndtl1t: best-selling diaper rash creme -Gcner:ltes a 15% gross profit margin . Occupies 1/2 to 1/3 less space than Competitors' productS 'Creates consumer awarelie~s with free trial size samples and $1.00 m:lil-in rcb:ltecoupons . Pulls product through srores with largeted, effective advertising In regional parenting mag;17jne~,Alllericnn Bnu)' magaZine, a presence alAlllerlc(//1 13al;)' Baby Faires and an 800 number and website that direct consumers to your StDrc~. Briilging great jJrofessionaljJroducts to retail Founded in 1950, Xttriuffi i~ a leading ~upplier of antimicrobi:lls and disinfectants to U.S. hospitals. In fact, Xttrillffi is a m:ljor U.S. supplier of FDA approved 2% and ,j% Chlorhe..xidine Gluconate (CHG Solution), the mo~t crfective known antimicrobial for ~llrgical scrubbing, skin \yound c1(''ansing and health care per~onnel hand washing. For more information on Xllrium laboratories on how DRG can add a new, profitable dimension to your baby care c:tlegory, call Hal Burke, National Accounts Manager at 1-800-587-3721 (ORe I) Xttrlum Laboratories, loc. ~XTTRI U\lllM I 415 West PerShing Road, Chicago, n. 60609 phone (773) 268-5800 fax (773) 924-6002 lI'eusile; www.lo:ttrium.com e.mall: hburke@xltrium.com lABOAArORlES ~I L.A.aOHATQRIES .. Btj~ging Quality Prp[essionat Pr;odt.J.tfs to 13etail I.~~. ~:'-"_" :,.t:r,; \; , '4~~~1 '''{~~~~..~.-_.~...' ,..,_..", . ;~" --- ~i TOXIC: It is well documented that there is negligible potential for absorption through intact skin. CHG is not intended for use in or around the eyes/ears orgenital area. When used as directed, CHG is a very safe antimicrobial. Founded in 1932, Xttnumis. a leading supplier of antirni~tobiarSblutions taUS Hospitals. Xttril.lfIlis thernajor supplier of FDA approved 2% and4% Chlorhexidine Gluconate (CHGSolution), the most effective known antimicrobial fGjf.surgical sc;rubbing. ;"".:..-, Dyna-Hex2 (2% Chlorhexidine Gluconate) has rapidancJ persistent action against a wide raogeof organisms. The combination of a fast, broad spectrum action with.Jong Jastingpersistence makes Dyna-Hex2 markedly different from otherColTlhlonlYl.lsed products. Dyna-Hex2 advantqges: PERSIST.ENCE: CHGchefnical1y binds to the epithelial sljrfaces of the skin, thus creating a persistent and residual effect not seen in alcohol, iodine or other skin disinfectants. EFFEctiVENESS: IntheAr~sence ofb/oot;f: CHG contiouel)tqbe effective in the presence of organic SubS~hCe$,unlike iodine,.which is inactivated under this condiJiol1. BROAD SPECTRUM CHO iseffe.ctlve agalnstgram negative and grampositivebacterip as well as funfJ,i,andyeasts. HIGH LOG10REOUCTION: CHG strongly interacts with the negatively chi3rged bacterial cell, achieving an exceptionally high reduction.in microbial counts on the skin. FAST ACTING: CHG acts quickly, a property that is critical for effective infection control. 17187-1021-1 17187-1021-2 17187-1021-3 17187-1021-4 17187-1021-5 415 West Pershing Road · Chicago, IL 60609 Toll Free 800.587.3721 · Phone 773.268.5800 · Fax 773.268.3834 · xttrium.com HX2-0906 xl ...\C...@ \ \"; .'.:' ...... it, ;;t.'::. ,:" .~< ' ";~, ,~' '_"i;",,~J.t'*"'" ""~"'\ ,".,-'/.. ,.y-, Founded in 1932,. Xttrium is a leading supplier ofantimicfobial solutions to US Hospitals. Xttriumis the maj?rsupplierof FDAapprqved 2% and 4%Chlorhexidine Gluconate (CHG Solytipnl,1he most effective knoy,JilClf"\timicrobial fo.r,~urgical scrubbing. Dyna-Hex4(4% ChlorhexidineG !uconCl1~) has rapid a~d persistent action against aW.ide range of organisms. The compin~tion ofafastibtoad~pectrumacj:io with long lasting persistence makes Dyna-Hex4 markedly different from othercomr11only used products. DYI1~.Hex4 advantages: PERSISTENCE: CHGchemlcally binds to the epitheJial surfaces of the skin, thus creating apersistent and residual effect.ri.9tseeh ihalcohol, iodine or other skin disinfectants. EFFECTIYENESS: In the presence of blood: CHG cbntihuesto be effective in the presence of organic substances, unlike iodine, which is inactivated unqer this condition. BROAD SPEC-TRUM CHGis effective against 9@m negative ah<:Jgrampositivebact~ria as wellas rungi ahd,ye~sts; TOXIC: It is well documented that there is negligible potential for absorption throu~h intactskin,CHG is not intended for use in or around the eye~,ears orgenitalarea, When used as. directed, CHG is a very ~afeantimicrobial. HIGH LOG10 REDUCTION: CHG strongly interacts with the negatively charged bacterial cell, achieving an exceptionally high reduction in microbial counts on thE; sk.in. FAST ACTING: . CHGa~glJicklYJaproperty that is critical f9[.~:ff~s1:l~~infection control. ':;;,;'!'i~~'\:::'h~~';'''':'~%l'':~'i~.< :~" 17187 -1 061- 1 17187 -1061-2 17187-1061-3 17187 - 1 061-4 17187-1061-5 415 West Pershing Road · Chicago, IL 60609 Toll Free 800.587.3721 · Phone 773.268.5800. Fax 773.268.3834. xttrium.com HX4.0906 ~I LABORATORIES ,-:..",:.,',-""- .,' .. ..:' "".itn:..:fAhii.f.RUst....,...Factor ~..:.;::.:,.: Foundedin 1932i!<ttrium is(jleadfngsupplirar of antimicrobial solutionsJoUS Hospitals. Xttriumis the major supplier of FDA approved 2% and 4%Chlorhexidine Glucon(jte(CHGSqlution), the most effective known antimicrobjal for surgical scrubbing. ," Benz-All, an EPA registered product, which Isan instrume'nt disinfe.c:tant for uSe Inqentist anp physicians offices,dinics, hospitals, and throughout he beauty supply market. It is a concentrClte. 9f Beozalkonium Chloride with an added anti-rust ingredient Simply dilute as directed and it is ready to use. Features: · Anticrust formula: nq need to addpowders or tablets. e EconOmical: 40cc of concentrate mCl~,es oOegaHon. · Con~enientdisposable package is small and easy to store. · Odorless. .. ,Extreme w~'tting action with low surface tension. Germicidal Activity: Benz-All has, braen tested according to the official AOAC. Guidelines. Use theapprovedAOAC. Dilution Method. Directions fOr Use: Simply dilute Benz-All with tap or distilledwa~er (40ccto one gallon). RINSEinstrument$ to remove debris and blood. Next, immerse instruments in Beflz-AII far at least 15 minutes; Rinse and dry, S~e pack(jgeinsert fqrdetailedinformation regarding use of Benz-All. Custom packaging possible. FOR MORE INFORMATION CALL NATIONAL ACCOUNTS AT 800.587.3721 415 West Pershing Road e Chicago, IL 60609 Toll Free 800.587.3721 e Phone 773.268.5800 e Fax 773.268.3834 exttrium.com BA.0906 I / i LABORATORIES Chlomexldine D1gluconate Complex NDA ST ATlJS Chlorhexidlne Gluconateis classified by the FDA as a "NeW Drug". Use of it as an active ' ingredient1fl orfginalformulations for human use requires approvalofa New Drug Application (NDA). Xttrium Laboratories holds seVeral approved NDA~s for sucl1formulations,and continues to cievelop hew prbduc:ts for~pprbvClL SAFETY Extensi~eclinicglte$ting in'ELJrbpe" GanEidaand .the United States, pl\JsWbrld 11Jiq~ use has dein:lOnstratedthe !?afetyol ch.lorhexidine gluconate. ThE! compound has been shown to have flegHgible potentigr lor skin absorption , 'through intact skin. 'When used as directed it is safe, i;lxcepti6nally :effective and typically does not prpduce clinically signifi~antirritation or sensitization problems. XTTRIUMLABORATORIES Xjtrium LaboratorieS is the largest V.S, supplier of ChlorhexjdineGluco,nate (CHG)2% and 4% scrub formulations, as well as the leader rn production and sales oJ 20% B. P. CHG. Established in 1950; Xttrium has a longhistory of producing high quality FDA approvedandEPA registered products. Xttrium's manufacturing plant and laboratoryareintegrateq. with fullY staffed Quality Assurance, ResearCh, Marketing, and CustomerSer\lic~ ctepartm~fltS. CHLORHEXIDlNEGLUCONATE DESCRIPTION Chlorhexidine digluCohat$ is a member of the biguanide des.s of antimicrobial compoundl) and ischemlcally distinct from any other skin antiseptic currently usedfor human skin disinfection. IUs the digluconate salt of the free basechlorhexidine. Chlorhexidine, a cationic compound, is effective against a broad spectrum of gram positive' and gram negative bacteria at concentrations of .1 % to 4%. It has an optimum biocide effact ,between pH p.5 and 7.5. PROPERTIES & PRODUCT ApPLICATIONS CHG's exceptionally persiste.nt and broad spectrum antimicrobial properties have led to its recognition as th,e most effective agent available for surgical scrubbing, hand washing, patient preoperative prepping and skin wound cleansing. Its use in the medical, dental, veterinary and dairy industry is widespread and growing. Chlorhexidine and its digluconate salt are used as preserVatives in a variety of cosmetic products. Cosmetic products containing CHG may be used on many parts ofthe body, may be applied repeatedly over an extended period of time, and may remain in ,contact with the skin or rinsed off. XTTRIUM 2% AND 4% CHG: FORMULAS FOR SUCCESS Xltrium is the largest US provider of private label 2% and 4% CHG scrub solutions. OU! customers inClude the most widely recognized and respected players in the healthcare field. Xttrium's breadth of line, quality, efficacy and label claims are unsurpassed. APPROVED USES (2% AND 4%) · Surgical Hand Scrub · Preoperative Patient Prep · Health Care Personnel Handwash · Skin Wound and General Cleansing THE XTTAIUM ADVANTAGE Xltnum's formulations are set apart from all other CHGproducts. A few examples of unique qualities are: .Xtlrium has the only FDA approval for 4% CHG packaged to deliver an aerosol foam. · Xltrium is the only company worldwide whose 2% CHG is FDA approved for patient prepping. · For use in personnel handwashing, Xttrium has the only 2% product approvec;l for a 15 second handwash. Xtlrium has received more New Drug Application approvals from FDA for CHG containing scrub products over the past decade than any other company. Our driving commitment to new product development has given U.S. customers the gift of chOice in CHG. product!:;, and has clearly set a new standard for CHG scrubs worldwide. EFFICACY DATA Decades of research, published articles and clinical use have clearly established ChlorhexidineGluconate's superiority to iodine, PCMX (chloro)(ylenol),alcohQI. andother antimicrobials available to the healthcare market. CHGoutperforms other antimicrobials along the following critical parameters: - PERSISTENCE: eHG chemically binds to the epithelial surfaces of the skinr thus creating a persistent and residual effect not seen in alcohol, iodine and other skin disinfectants.. - EFFECTIVENESS ih the Presenteof Blood: CHG continues to be effective .in the presence of organic substances, unlike iodine, which is ina.ctivatedunder t~ese conditions. .. BROAD SPECTRUM: CHG is effective against gram negative and gram positive bacteria as well as fungi and yeasts, -NON-TOXIC: It is well documented that there is negligible potential for absorption through intact skin. CHG is not intended for use in or around the eyes or ears. When used as directed, CHG isa very safe antimicrobial. -HIGH LOG10 REDUCTION: CHG strongly interacts with the negatively charged bacterial cell, achieving an exceptionally high reduction in microbial counts on the skin. - FAST ACTING: CHG acts quickly, a property that is critical for effective infection control. MINIMUM INHIBITORY CONCENTRATION (MIC) The MIC ranges for the Xttdum 4% CHG scrub formulation are tabulated below: '. MINIMAL INHIBITORY CONCENTRATIONS SPECIES MIC (ppm) Gram-Neaatlve Bacteria . EscherldljacViJ 4.0.5.0 Klebsiella PfJeuinonlae 4.().10 Neisseria ip8cJ~ - 2.'0-4.0 .. Prot9uS. vulgaris 10 Pseuaom0118s species .1040 , SprsIiB mBfcescplS 40.50 G~am:.~ltlveBaCterla BadJJiJs sU6ttJJs . ;DXb~um spocies . . MJciiiaiccuS'Species . MycobaCterium speCies . Saicina Specie? . ;;:=~:t%us ... . ..S!apltyloccccus epfr!ermldlS . . FU:Qrae~:~P~~ .. 'AiltiSchef;8 txi iff; . " . .. " ,!tI.. >'" (llger, .. . " t,i~" . . Micros(iOrJum specieS . :.Fa:."< . . '.. -'T oniiiJpsis Species . T rli:hdphyton)ipecles , Tiichcispoion sP8ciiJs 4.0 1.0.20 ..4.()'5:0 1,0.2.0 4.0 1.0.2,Q D:4-4:0 0.2.5.0. 4,()'6.8. 40 .. .500'. . " 10-4{j' 100 20 10... . lQ.20 .100 . ,. '20 ,<40. 10 20, . .20.40. ./)000 xniium~ tn. J"-J... .",,' ~ "lIain.t lh~fl~~"''''":'A "!~ "Jl-""~"XI1rium. CLINICAL STUDIES Due tothe limited value of in-vitro studies in assessing effjcacy of products .for human use, the following FDA recommended .in-vivo studies were conducted. These extensive protocols simulate actual usage of the product in a health care setting. GLQVEJUICE STUDY The FDA recommended Glove Juice.Study measures the immediate, persistent and residual effects of the product tested. Bacterial counts are measure(j immediately after the scrub,and at three and six hours. The test also spans a five day period of repeated usage to assess reSidual capabilities of the product. Scrub formulations containing iodine, PCMX, alcohol or other agents usually fail this demanding test. Xttrium CHG scrub formulations, however, consistently meet the challenge of the glove juice study. Xttrium 2% and 4% CHG formulations were tested against Hibiclens 4% CHG at an independentlaboratorY, using the FDA recommended glove jui(::e protocol. Xttrium 4% q-JG performed significantly better than Hiqiclens. Furthermore, the performance of Xttrium 2% CHG wasstatisticallv equivalent to the Hipiclens4% CHG. Results are summarized below: COMPARISON OF Xttrium 4% AND HIBICLl:NS GLOVE JUICE TEST RESULTS 4 -~. - .~ - - - - ~ - - - - - - - - - - _ _ _ - .,..-, -- - ,-'--:""". -,~' ,- '-,,-:""" o " 02.0 02.3 OH 05005.3 05-6 . ~1II!um4% PERCENT REDUCTION PRODUCT Day 1 Day 2 Day 3 0 3hr 6 hr 0 3 hr 6hr D 3 hr 6.llf Hlblclens 45,64 8.0,29 72.55 78.49 87.19 9683 87.25 99.91 99.55 Xttrlum 2% 96',56 97.5.3 98,26 9921 98,27 99.83 99.73 99.68 99.98 XltriIJm4% 99.66 99.24 99.76 99.85 99.70 99.98 99.92 99.85 99,99 HEAL THCARE PERSONNEL HANDWASH STUDY In the FDA recommended protocol to assess efficacy of a healthcare personnel handwash, the subjsct's hands are contaminated with Serratia marcescenS or Bacillus subtilis var. niger (globigii) and a baseline. count is taken. This contamination followed by a handwash is then carried out 25 consecutive times. Microbial reduction is measured after the 1 st, 4th, 7th and 1 Qth washes and compared to the baseline count. The 11th through 25th washes are done to asse~s irritancy potential. Performance of the.Xttrium2% and 4%prbduc\s, as a 15 second wash is summarized below: HANDWASH STUDY I 1st Wash 4th Wash 7th Wash 101/1 Wash I PRODUCT Logl0 Percenl LoglO Partenl LaglO Percent LoglO Percent XUiiuh;'.4% 2.050 99.11 2563 99.73 2,696 99.80 3,289 9995 Xllrium .2',(0 1.882 98,69 2389 9959 2.770 9983 3.307 99,95 , ' I Hlbiclens 1.629 97,65 2.097 99.20 2.501 99,68 3,115 9992 PATIENT PREOPERATIVE PREP STUDY The preoperative patient prep study measured the immediate and persistent effect of the product at 2 different anatomical sites (abdomen and inner thigh).. Baseline couhtsWere Jakeh. Both sites were then prepped accqrding to label direction!'; l:lrid microbial cbuhts were measured at 10 minutes, 30 minutes and 4 hours. Xttrium2'% and 4% CHG formulations were directly tested against Hibiclens 4%. Both Xttriumformulations achieved reductions equivalent lethe Hibiclens 4'%,both immediately and over the4 hour time p.eri.od. With the advent of XttriUni 2% al1d4%CHG scrub formulations, new stimdards have been set for Chlorhexidine.Glucpnatfl flfficacy. Furthermore, the choice of 2% has enabled the Healthcaremarketto. realize significant cost savings Without sacrificing clinical efficacy. PACKAGING: The standard packaging for XttriumCHG scrub fOrTT)ulations fncludes4 oz" 8 OZ., 32 oz., and gallon bottles. Private labeling and the filling of unique or proprietary packages for OUr customers are commonpracticesJor Xttrium. Inquiries should be directed to the Marketing Department. 20% B.P. CHLORHEXIDINE GLUCONATE Xttrium is the largest U.S. supplier of 20"10 B.P. ChlorhexidinEl GlucohCite. This aqUeous solution ts widely utilized acroSs the medical, dental, veterinary,cosmetic and dairy industries in the formulation of a broad variety of products, both as a preservative and as an antibacterial agent A surge in interest and technical research fbr new applications ofCHG continues worldwide, and the future promises tremendous expansion bfChlorhexidine GlUconate usags. )(ltrium will continue, as we have for many years, to be in the forefront of Chlothexidine supply and research. PACKAGING (20% B.P,CHG) Container Size Kg. of liquid Lb. of Liquid 5GEi!.lon Pail 20 Kg. 44 lb. 15 Gallon Drum 60 Kg. 132 lb. 55 Gallon Drum 200 Kg. 440 lb. FOR INFORMATION ABOUT THE PRODUCTS AND SERVICES AVAILABLE FROM XTTRIUM LABORATORIES,ING., CALL AND ASK TO SPEAK WITH THE MARKETING DEPARTMENT, XTTRIUM LABORATORIES, INC. 415 WEST PERSHING ROAD CHlCAG011LUNOIS 60609 FAX:-173j924-6002 TEL:773/268-5800 800.587-3721 EDI #5140611 il lABORATORIES RESOLUTION NO. A RESOLUTION IN SUPPORT OF XTTRIUM LABORATORIES, 1200 NORTH BUSINESS CENTER DRIVE, MOUNT PROSPECT, ILLINOIS, MAKING APPLICATION FOR COOK COUNTY CLASS 6B TAX ABATEMENT WHEREAS, the Village of Mount Prospect encourages community development to provide for economic growth and career opportunities; and WHEREAS, through property tax incentives offered by Cook County, various opportunities exist for new businesses to become established in the Village of Mount Prospect, Cook County; and WHEREAS, without the Cook County property tax incentives, the Village of Mount Prospect is at a competitive disadvantage with the neighboring counties of Lake and DuPage in attracting industrial development; and WHEREAS, Xttrium Laboratories, Inc. has requested the Village of Mount Prospect to support its application for a Class 6B Real Property Classification at 1200 North Business Center Drive Mount Prospect, Cook County (Property); and WHEREAS, the subject property has been abandoned for approximately 24 months and the Village of Mount Prospect has found that special circumstances exist in that the Village is at a competitive disadvantage with nearby DuPage and Lake Counties and their tax structure; and WHEREAS, the corporate authorities of the Village of Mount Prospect believe that their request is in the best interest of the economic development in the Village of Mount Prospect. 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 of the Village of Mount Prospect do hereby support and consent to the application of Peterson Roofing, Inc., for a Class 6B Property Classification from Cook County, which allows a 16% assessment level for the first 10 years, 23% in the 11 th year and 30% in the 1 ih year for the "Property" located at 1200 North Business Center Drive, legally described as follows That part of Lot 407 in Kensington Center Resubdivision Twenty Four described - lying West of the West line of 402 in Kensington Center-Resubdivision Fourteen in Section 35, Township 42 North, Range 11, In the Kensington Center-Resubdivision Twenty Four of Lots 401 and 402 in Kensington Center-Resubdivision Fourteen and Lot 403 in Kensington Center-Phase Four in part of the Northeast Quarter Section 35, Township 42 North, Range 11, East of the Third Principal Meridian, according to the Plat thereof recorded March 30, 1989 as document number T3782920, in Cook Page 2/2 Xltrium Laboratories Class 68 Tax Abatement County, Illinois. PIN: 03-35-201-012-0000 SECTION TWO: That the Village of Mount Prospect supports industrial growth, increased employment and economic development and this proposed development is in furtherance of this goal. The Board of Trustees of the Village of Mount Prospect further finds that this incentive is necessary for development to occur on the "Property." SECTION THREE: That development of the property is subject to compliance with all requirements of the 1-1 (Light Industrial) District and development standards of the Kensington Center for Business. 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 day of July 2009 Irvana K. Wilks Mayor M. Lisa Angell Village Clerk H:\CLKO\WIN\RESOLUTION\Class 6 tax abatement1200northbusinesscenterdrlvejuly2009.doc Village of Mount Prospect Community Development Department Mount Prospect MEMORANDUM ~ TO: MICHAEL E. JANONIS, VILLAGE MANAGER ~~. 1 2.L eft FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JULY 15, 2009 SUBJECT: PZ-13-09 / 50 S. EMERSON ST. / TEXT AMENDMENTS TO T AND SIGN CODES (CHAPTER 14 AND 7) The Community Development Department is seeking approval of the Text Amendments outlined in the attached documents for proposed updates to Chapter 14 and Chapter 7 of the Village Code (Zoning and Sign Codes). The Planning and Zoning Commission conducted public hearin~s to review the request on Thursday, May 28, 2009, and Thursday, June 25, 2009. During the June 25t public hearing, by a vote of 6-0, with one member absent, the Planning and Zoning Commission recommended approval of the Text Amendments to the Zoning and Sign Code Text Amendments. Details of the proceedings and items discussed during both Planning and Zoning Commission hearings are included in the attached minutes. Please forward this memorandum and attachments to the Village Board for their review and consideration at their July 21, 2009 meeting. Staff will be present to answer any questions related to this matter. ~ h-- t../,V'c.. am 1. Cooney, Jr., AICP \\\'f1\VHIHCD$\PLAN\Phlllning & Zoning COMM\P&Z 2009\MEJ MEMOS\PZ.JJ-O\) CHAPTER l-l. AND 7 CODE UPDATES_doc MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-ll-09 Hearing Date: June 25, 2009 PROPERTY ADDRESS: 1750 W. Central Road PETITIONER: David S. Lee for Dasom Community Center PUBLICATION DATE: June 10, 2009 PIN NUMBER: 03-33-300-072-0000 REQUESTS: 1) Map Amendment to rezone from 11 to CR 2) Conditional Use (Community Center) MEMBERS PRESENT: Richard Rogers, Chair William Beattie Joseph Donnelly Leo Floros Marlys Haaland Keith Youngquist MEMBER ABSENT: Ronald Roberts STAFF MEMBERS PRESENT: Brian Simmons, AICP, Deputy Director of Community Development Consuelo Andrade, Development Review Planner INTERESTED PARTIES: Tony Ryan, Chris James, David Lee, Byung Park, Peter Olesen Chairman Richard Rogers called the meeting to order at 7:33 p.m. Mr. Youngquist made a motion to approve the minutes of the May 28,2009 meeting; Mr. Donnelly seconded the motion. The minutes were approved 5-0; with Ms. Haaland abstaining. Chairman Rogers introduced Case PZ-II-09, a request for a Map Amendment to rezone from II to C~ and" a request for a Conditional Use to operate a Community Center, at 7:34 p.m. Ms. Andrade, Development Review Planner said the Petitioner for PZ-II-09 was requesting a Map Amendment to rezone 1750 W. Central from 11 Limited Industrial to CR Conservation Recreation and a Conditional Use approval for a community center. Ms. Andrade stated the subject property is zoned II Limited Industrial and contains an existing one and two-story office/warehouse building with related improvements. The property is adjacent to II property and to multi-family residential South across Central Road. Ms. Andrade said the existing structure does not comply with the II bulk requirements, as it does not meet current setback requirements and the site exceeds 75% lot coverage. Ms. Andrade stated the Petitioner was requesting a Map Amendment and Conditional Use to establish a community center on the subject property. The community center would be a not-for-profit organization that would serve the needs of the Asian-American community as well as the general public. The community center would carry out multi-dimensional programs in the areas of education, cultural activities, civic affairs, and social and community services. Ms. Andrade said the Petitioner's site plan indicated that the footprint of the building would remain as is. The existing building consists of a southern portion which is two-stories high and a northern portion which is one Richard Rogers, Chair PZ-II-09 Planning & Zoning Commission Meeting June 25, 2009 Page 1 of 5 story high. The parking lot would be repaved and striped. Interior islands would be added to allow for landscaping. Ms. Andrade stated the first floor of the building would be occupied with offices, a multi-purpose room, cultural classrooms, library, gym, and an indoor parking garage. A recreational and cultural room would be located on the second floor of the southern portion of the building. Ms. Andrade showed a table that included bulk requirements for the CR Zoning District: CR District Existing Proposed Requirements Setbacks Front 50' min. 99.68' No change Interior 15' min. 4.78'-west No change 4.97' -east Rear 20' min. 0' No change' Lot Coveraee 25% max. 93% 88.75% Heieht 30' max. 30' No change Ms. Andrade said by rezoning the property to CR, the subject property would maintain its non-conforming status by not complying with the CR bulk requirements as well. However, the lot coverage would decrease because the Petitioner proposed to add green space. Ms. Andrade stated the required parking for the community center is based on the square footage of each space. A total of91 parking spaces would be required. The proposed site would comply with the required parking by providing 94 parking spaces, of which 46 would be outdoor spaces and 48 would be indoor parking spaces. The indoor parking spaces would be double stacked by use of auto lifts that would only be utilized during special events and operated by designated trained valets. The overhead doors would only open when required. Ms. Andrade said there were a number of issues that would have to be addressed at the building permit stage. In particular, the auto lifts would have to comply with all state and local elevator codes. A permit and semi-annual inspections would be required as well. The building would have to comply with all fire and building codes for assembly occupancy; including submitting a complete egress analysis and a new fire alarm and sprinkler system. Additionally, the lifts will have to be certified by a structural engineer and the garage floor is subject to double stacked vehicle loading requirements. Ms. Andrade stated the standards for Map Amendments are listed in Section 14.203 .D.8.ofthe Village Zoning Code. When a Map Amendment is proposed, the Planning and Zoning Commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to: · Gompatibility with existing uses and zoning classification of property within the general area; · Compatibility of the surrounding property with the permitted uses listed in the proposed zoning classification; · The suitability of the property for permitted uses listed in the proposed zoning classification. Ms. Andrade said the proposal to rezone the subject property from 1-1 to CR met the standards for a Map Amendment because the CR District would be compatible with the surrounding uses and zoning within the general area of the subject property. The subject property is adjacent to Melas Park to the northwest, multi-family to the south, and the Public Works municipal building to the east. Additionally, the Westbrook Public School and field is located one block east of the Subject Property. Melas Park and Westbrook School's field are zoned CR Conservation Recreation District. Richard Rogers, Chair Planning & Zoning Commission Meeting June 25, 2009 PZ-II-09 Page 2 of 5 Ms. Andrade stated the standards for conditional uses are listed in Section 14.203.F.7 of the Village Zoning Ordinance. The section contains seven specific findings that must be made in order to approve a conditional use. These standards include: · 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; · Adequate provision of utilities, drainage, and design of access and egress. Ms. Andrade said the proposal met the standards for a Conditional Use because the proposed use as a community center would be compatible with the surrounding properties and would have minimal impact on the site. The community center will be a not-for-profit organization that will be committed to serving and meeting the needs of the Asian-American community and the general public by providing services and programs in various areas, such as education and culture. Ms. Andrade stated the Petitioner proposed to make exterior improvements to the site by repaving the parking lot, decreasing the lot coverage, and improving the front fayade of the building. Other departments reviewed the Petitioners' proposal and did not object to the use or find that it would have an adverse impact on the adjacent properties. Staff recommended approval of the Map Amendment and Conditional Use with the conditions listed in the Staff report. Mr. Youngquist asked if the proposed auto lifts were in any other areas in the Village. Mr. Simmons said that the auto lifts were originally discussed for the Emerson and Founders Row projects, but not installed. The auto lifts on this proposed project would be the first in the Village. Mr. Youngquist asked if Staff knew about auto lifts being installed in surrounding communities. Mr. Simmons stated the City of Chicago has installed them in certain locations to meet parking requirements. He said he is unaware of other surrounding communities, but the auto lifts are becoming more prevalent due to properties being re-developed and needing to meet parking requirements. Mr. Donnelly also confirmed that auto lifts were being installed in Chicago and becoming more a part of zoning. He stated there are several designs of auto lifts out in the market and the design for this proposal is an easy design should work well for the proposal. Mr. Donnelly stated there would be no problems for proposed auto lifts as long as the Petitioner has the structure to support the lift, inspections on the lift, and trained operators. Chairman Rogers swore in all representatives that were speaking on behalf of the Petitioner. Tony Ryan ofMDM Design Group, 1016 W. Lunt, Schaumburg, Illinois; stated he is the architect for the project. Chris James, 400 Eagle Drive, Elk Grove Village, Illinois said he worked with Mr. Ryan at MOM Design Group as a consultant. Mr. Ryan stated Dasom Community Center currently operates out of a small space in Des Plaines, Illinois. The opportunity came to purchase this building for expansion. Mr. Ryan said his firm was hired to see if the building would work to comply with Village Codes. Mr. Ryan showed a site plan of the existing building with the non-conforming setbacks. He explained proposed improvements to the site that included repairing the parking lot, connecting the proper drainage pipes, and discussed the landscape plan. . Mr. Ryan showed and discussed the building elevations. He stated the windows in the office element would be replaced. The front entrance would be redesigned to indicate the front of the building. The concrete area to the east of the office area would be painted to match the masonry of the bricks. Richard Rogers, Chair Planning & Zoning Commission Meeting June 25, 2009 PZ-ll-09 Page 3 of5 Mr. Ryan discussed the proposed floor plan for the first floor. Staff offices would be located in the front of the building with an elevator and a staircase that would be relocated. There would be a multi-purpose room/cafeteria next to the offices with classrooms along the western side of the building. Mr. Ryan said the higher portion of the building (30 feet) would be where the multi-purpose gymnasium'would be located. Mr. Ryan discussed the indoor parking area in the center of the building. The parking area would be separated with a fire wall. Mr. Ryan stated that he discussed the proposed indoor parking garage with the Village's Fire Marshall and everything seemed to be fine. Mr. Ryan said the second floor area above the offices would be the teen area. Some parts of the building will not be used daily. The operation of the building would be seven days a week. Mr. Ryan also discussed the civil drainage system where the building would hook up along Central Road resulting in a permit that would need to be obtained from the Illinois Department of Transportation (IDOT) who holds jurisdiction over Central Road. Chairman Rogers asked if Mr. Ryan considered water retention or detention. Mr. Ryan stated because of the size of the building, it was not necessary. If retention/detention was needed, Mr. Ryan said that they would use storage pipes underground. Chairman Rogers asked Mr. Ryan if he has had any experience with the elevator lifts. Mr. Ryan stated that one of the members of Dasom has had experience with the lifts in Chicago. Chairman Rogers asked if there was adequate power in the building for the lifts, Mr. Ryan said there was enough power. Keith Youngquist said he was impressed with the proposed use of the subject property. There was general discussion on when the subject building was built and how long it had been vacant. Mr. Beattie asked how many parking spots would be utilized; he understood the lifts would be nj;leded for special events. Mr. Ryan confirmed that the lifts would be needed for special events, but the parking spaces outside would be used for the daily operations. Mr. Beattie confirmed that parking was just on side of the eastern portion of the property, not along the building. Mr. Floros asked how long Dasom Community Church has been in Des Plaines and in operation. David Lee, 525 S. Dryden Place, Arlington Heights, Illinois and Byung Park, 296 E. Huron, Vernon Hills, Illinois said Mr. Lee serves as Pastor for Dasom and Mr. Park is a church member. Mr. Park stated that Dasom has been in Des Plaines for six years, but has been in the area (including Mount Prospect at Wolf and Euclid) for 33 years under a different name. Mr. Park said Dasom has been officially designated as an organization for five years and has been registered as a not-for-profit organization for two and a half years. Mr. Lee said Dasom focuses on community service. Mr. Lee stated he would like to offer English as a Second language, lunch and additional services for seniors. With their own multi-purpose facility, they will be able to offer organized sports. Mr. Lee stated that they've previously been limited due to the amount of space at their current location. Chairman Rogers swore in Peter Olesen, 500 W. Central, Mount Prospect, Illinois. Mr. Olesen discussed the traffic study for the proposed use. He stated there was a large amount of parking (94 spaces) for the building. He stated the type of use would spread the cars all over throughout the day as far as arriving and departing. Mr. Olesen discussed peak hour traffic for the proposed site; he said there should not be any impact on the site. Chairman Rogers brought the discussion back to board. Richard Rogers, Chair Planning & Zoning Commission Meeting June 25, 2009 PZ-II-09 Page 4 of 5 Mr. Beattie made a motion, seconded by Mr. Donnelly: To approve the 1) Map Amendment to rezone from II Limited Industrial to CR Conservation Recreation and approve 2) a Conditional Use for a Community Center to operate as noted in the Petitioner's application for the property at 1750 W. Center Road, Case No. PZ-II-09, subject to compliance with the following conditions: 1. Development of the site in general conformance with the site plan, landscape plan, floor plans, and elevations prepared by MOM Design Group, Inc., dated March 23, 2009, and revised to comply with code requirements; 2. Submittal of a photometric plan in compliance with the Village's Zoning Ordinance if installing new outdoor lighting; 3. Operation of the indoor double-stacked parking spaces shall only be performed by designated valet personnel who have been trained in the use and workability of the lifts. Lifts shall be maintained in working condition in order to satisfy the number of required on-site parking spaces; 4. Central Road is under the jurisdiction of the Illinois Department of Transportation; work within the right- of-way will require approval from this agency; 5. Compliance with all applicable building and fire codes for a new assembly occupancy; 6. 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. 7. Development of the site in conformance with all Village Codes. The Village Board's decision is final for this case. UPON ROLL CALL: A YES: Beattie, Donnelly, Floros, Haaland, Youngquist, Rogers NAYS: NONE Motion was approved 6-0. After hearing one additional case, Ms. Haaland made a motion to adjourn at 8:14 p.m., seconded by Mr. Donnelly. The motion was approved by a voice vote and the meeting was adjourned. If fJ; Ryan Kast, Community Development Administrative Assistant Richard Rogers, Chair Planning & Zoning Commission Meeting June 25, 2009 PZ-II-09 Page 5 of5 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-13-09 Hearing Date: June 25, 2009 PETITIONER: Village of Mount Prospect PUBLICATION DATE: May 13, 2009 REQUEST: Chapter 14 & Chapter 7 code updates (zoning and sign codes) MEMBERS PRESENT: Richard Rogers, Chair William Beattie Joseph Donnelly Leo Floros Marlys Haaland Keith Youngquist MEMBER ABSENT: Ronald Roberts 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 7:33 p.m. Mr. Youngquist made a motion to approve the minutes of the May 28, 2009 meeting; Mr. Donnelly seconded the motion. The minutes were approved 5-0; with Ms. Haaland abstaining. After hearing one previous case, Chairman Rogers introduced Case PZ-13-09, Chapter 14 and Chapter 7 code updates, at 8:10 p.m. Chairman Rogers stated that he has gone through the updates and appreciated Staff for putting the Text Amendments in their final form. He discussed a one item from the May 28, 2009 meeting; the center of the midpoint roof versus the top of the roof. Chairman Rogers stated since Staff has done a study on this, it made no difference one way or the other. He had no problems with the midpoint of the roof as he originally did. Mr. Simmons stated that he could go over the additional changes requested by the Planning and Zoning Commission and the Park District from the May 28, 2009 Planning and Zoning Meeting. Mr. Simmons said a cover memo was provided to the Commissioners highlighting these changes. Staff is recommending that the Planning and Zoning Commission moves forward with the proposed changes unless additional items need to be discussed. Chairman Rogers did not find any items to be objectionable. Chairman Rogers asked if any other Commissioners had any comments or need to discuss the proposed changes. Hearing no additional comments, Mr. Youngquist made a motion to approve the following motion: "To approve the text amendments as outlined in the attached documents for case PZ-13-07 which would perform certain amendments to the text of both the Village's Zoning and Sign Code regulations." The Village Board's decision is final for this case. Mr. Donnelly seconded the motion. Richard Rogers, Chair Planning & Zoning Commission Meeting June 25, 2009 PZ-13-09 Page 1 of2 UPON ROLL CALL: A YES: Beattie, Donnelly, Floros, Haaland, Youngquist, Rogers NAYS: NONE Motion was approved 6-0. Ms. Haaland made a motion to adjourn at 8:14 p.m., seconded by Mr. Donnelly. The motion was approved by a voice vote and the meeting was adjourned. ~/4~ Ryan Kast, Community Development Administrative Assistant Richard Rogers, Chair Planning & Zoning Commission Meeting June 25,2009 PZ-13-09 Page 2 of2 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 7, SIGN REGULATIONS, OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS 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, as follows: SECTION 1: Section 7.205, "Exempt Signs", of Article 2, Scope, of Chapter 7 of the Mount Prospect Village Code is amended as follows: A. Sub-subsection 3, General Requirements, of Subsection E, Flags shall be amended by inserting the following, the remaining Sub-sub-subsections to be letter alphabetically, to be and read as follows: b. Flags shall not exceed fifty (50) square feet in area. B. Subsection G, "Banners" shall be deleted in its entirety and replaced with the following: G. Banners: Banners applied to paper, plastic or fabric used to decorate or attract attention to a business establishment located on the property, provided: 1. The signs are displayed in conjunction with a grand opening celebration for a period not to exceed thirty (30) days, or 2. The signs are displayed in conjunction with a special sale for a period not to exceed thirty (30) days, or 3. The signs are displayed no more than two (2) times per calendar year per establishment. 4. The banner shall be securely attached to the wall of the establishment, freestanding signs or parking light poles on private property. C. Subsection K, "Windows", shall be amended by inserting the,phrase "each covering no more than 20% of the window surface", to be and read as follows: K. Windows: When permitted, window signs; provided the total area of permanent and temporary window signs occupy no more than forty percent (40%) of the window surface area, each covering no more than 20% of the window surface area. SECTION 2: Section 7.301, "Prohibited Signs", of Article 3, General Provisions, of Chapter 7 of the Mount Prospect Village Code, is amended as follows: A. Subsection F, "Light Poles", is amended by deleting the phrase "of gas stations", to be and read as follows: "F. Light Poles: Signs on light poles." ]) iManage:237698_1 1 B. Subsection G, Roof Signs, shall be amended by deleting the last sentence to be and read as follows: "G. Roof Signs: Signs which are attached or affixed to a roof and project above the ridge line or parapet of a building are prohibited." C. New Subsections for "Pennants and Streamers", "Inflatable Signs" and "Signs on Parked Vehicles" shall be inserted, to be and read as follows: H. Pennants and Streamers: Pennants, streamers, tethered balloons, or stringed fringe are prohibited. I. Inflatable Signs: Signs or other devices, which are inflated by cold air, hot air, or other inflatable gas, are prohibited. K. Signs on Parked Vehicles: Signs placed on or affixed to vehicles and/or trailers which are parking on a public right of way, public property, or private property so as to be visible from a public right of way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property. However, this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as lettering on motor vehicles, where the sign is incidental to. the primary use of the vehicle or trailer. SECTION 3: Section 7.305, "Permitted On-Premises Signs", of Article 3, General Provisions, of Chapter 7 of the Mount Prospect Village Code, is deleted in its entirety and replaced with the following: 7.305: PERMITTED ON-PREMISES SIGNS: The following signs shall be permitted in the Village as accessory structures, subject to all applicable standards: A. Freestanding Signs: 1. Number: a. No more than one freestanding sign per street frontage per lot shall be permitted with the following exception: (i) freestanding identification signs in lieu of wall signs shall be permitted in a multi-tenant office or industrial building provided that each tenant has a separate at-grade entrance. The sign shall be located at the entrance to the tenant's space. No sign shall exceed ten (10) square feet or six feet (6') in height from finished grade. b. Sign copy for single tenant freestanding sign shall contain no more than ten (10) items of information. For changeable copy signage refer to subsection 7.325E of this Article. iManage:237698_1 2 c. Sign copy for a multi-tenant freestanding sign may contain the names of no more than six (6) tenants on a sign face for a retail or service business center. A maximum of eighteen (18) items of information is permitted. Changeable copy signage shall not be combined with multi-tenant signs. d. Freestanding signs on properties with multiple street frontages shall be oriented to the street right of way. 2. Height: No freestanding sign shall exceed twelve feet (12') in height from finished grade. Berms shall not be considered finished grade. If located within one hundred feet of a residential property, the maximum height permitted shall not exceed ten feet (10'). (See Section 7.805 of this Chapter for illustration.) 3. Area: No freestanding sign for a commercial use shall exceed the maximum area of seventy-five (75) square feet per sign face. Freestanding signs for all other uses shall not exceed a maximum area of fifty (50) square feet per sign face. If a freestanding sign is located within one hundred (100) feet of a residential property line, the maximum area permitted for a freestanding sign shall be reduced by twenty (20%). 4. Business Identification: No freestanding sign shall be closer than one hundred feet (100') to another freestanding sign on the lot except as otherwise permitted in this Section (Temporary Signs). 5. Setback: No freestanding signs shall be located closer than five feet (5') to an exterior property line. 6. Distance Measurement: The location of a freestanding sign shall be measured as the distance between the point of reference specified and the closest point on the sign. 7. Sight Triangle: Freestanding signs within any sight triangle shall be a maximum of three feet (3 ') in height. 8. Overhang: No freestanding sign may overhang any part of a structure, parking or loading space, driveway or maneuvering aisle. 9. Landscaping: All freestanding signs must be located in a landscaped area separated and protected from vehicular circulation and parking areas. A minimum of two (2) square feet of landscaping will be required for every one square foot of sign face required. When located in a parking area, perimeter curbing is required. 10. Gas Station: Changeable copy used in a gas station freestanding sign shall be included in the maximum sign area for allowable freestanding signs. B. Wall Signs: 1. Number: There shall not be more than one wall sign for each principal tenant or use contained within a building except: iManage:237698_1 3 iManage:237698_1 a. Where a tenant or use abuts two (2) or more streets, additional wall signs, one oriented to each abutting street, shall be permitted. b. One wall sign may be permitted on walls not facing a street, provided the wall is at least fifty feet (50') from the nearest residential property line. c. One wall sign may be permitted on walls not facing a street provided the wall is adjacent to nonresidential property and is visible from the street. The sign may not encroach upon adjacent nonresidential property except as provided in subsection B5 of this section d. The director may authorize additional wall signs for distinct uses within an establishment, provided there is a separate entrance from the exterior of the building. e. Wall signs may be permitted which identify the rear entrance of an establishment provided such sign does not exceed ten (10) square feet. f. Where a multi-tenant office-industrial building greater than two (2) stories in height seeks to install a wall sign(s) identifying a primary tenant, only one such tenant may display their identification on the building. g. Sign copy for a single tenant or business wall sign shall contain no more than ten (10) items of information. If the name of the tenant is longer than ten words, then additional items of information are permitted to display the entire name of the tenant. 2. Area: The gross surface area of a wall sign shall not exceed ten percent (10%) of the area of a building wall, including doors and windows, to which the sign is to be affixed or one hundred fifty (150) square feet, whichever is smaller. The gross surface area of a wall sign may be increased to twenty percent (20%) if the sign consists of only individual, outlined alphabetic, numeric, and/or symbolic characters without background besides the building surface to which the sign is affixed, provided the increase in size does not exceed one hundred fifty (150) square feet in area. If the building is setback 250 feet from the public right-of-way, the Director of Community Development or his authorized representative may authorize the wall sign to exceed one hundred fifty (150) square feet, but measure no more than three hundred (300) square feet subject to compliance with the percentage requirements discussed above. 3. Projections: No wall sign shall project from the building wall more than eighteen inches (18"). 4. Displays: Time/temperature displays may be permitted as part of a wall sign. 4 5. Encroachment: In instances where an exterior wall sign encroaches less than one foot (1 ') upon an abutting property, a sign permit may be permitted provided the abutting property owner has granted written permission for the encroachment. C. Projecting Signs: (Rep. by Ord. 5507, 9-6-2005) D. Mansard Signs: 1. Number: There shall not be more than one mansard sign for each principal tenant or use contained within a building, provided no wall sign is directed to the same street frontage. 2. Location: A mansard sign shall be located on a decorative mansard and shall be single faced and be mounted directly vertical as a wall sign, with no visible angle iron, guywires, braces or secondary supports and all hardware concealed. No mansard sign shall extend above the highest point of the mansard structure. 3. Area: The gross surface area of a mansard sign shall not exceed ten percent (10%) of the area of a building wall, including doors, windows, and mansard, to which the sign is to be affixed or one hundred fifty (150) square feet, whichever is smaller. The gross surface area of a mansard sign may be increased to twenty percent (20%) if the sign consists of only individual, outlined alphabetic, numeric, and/or symbolic characters without background besides the building surface to which the sign is affixed, provided the increase in size does not exceed one hundred fifty (150) square feet in area. 4. Projection: No mansard sign shall project from the building surface more than eighteen inches (18") as measured at right angles from the lower edge of the sign. E. Canopy, Awning, and Marquee Signs: Canopy, awning, and marquee signs shall be permitted subject to the following: I. Location: Canopy signs may be mounted on the face of the canopy proper, provided no wall signs are directed to the same street frontage. The area of such canopy sign shall not exceed fifty percent (50%) of the gross surface area of the face of the canopy to which the sign is to be affixed, or a maximum of one hundred fifty (150) square feet, whichever is less. Canopy, awning, and marquee signs not exceeding an aggregate surface area of four (4) square feet are exempt from the provisions of this code. 2. Under Canopy Signs: An additional canopy sign may be mounted on the underside of a canopy, perpendicular to the building wall, provided no more than one such sign is installed per establishment. The area of such canopy sign shall not exceed four (4) square feet. 3. Projection: No canopy sign shall project more than eighteen inches (18") from the canopy proper. iManage:237698_1 5 4. Clearance: A clearance of eight feet (8') shall be maintained from finished grade to the lowest point on the sign. 5. Time/Temperature/Directional: These displays may be incorporated into a canopy sign if located and technical requirements are met as outlined in subsection 7.330A of this article. F. Awning Signs: Individual letters, words or symbols may be affixed or applied to any awning surface, provided the area of the awning sign does not exceed the fifteen percent (15%) of the exterior surface area of the entire awning. SECTION 4: Section 7.310, "Permitted Outdoor Advertising Signs", of Article 3, General Provisions, of Chapter 7 of the Mount Prospect Village Code is deleted in its entirety and replaced with the following: 7.310: PERMITTED OUTDOOR ADVERTISING SIGNS: Outdoor advertising signs shall be permitted on unimproved lots only, subject to the following conditions: A. Number: No more than one advertising sign per street frontage per lot shall be permitted. Outdoor advertising signs shall only be permitted along street frontages for roadways designated as either major or secondary arterials in the Village's Comprehensive Plan. B. Area: The area of an outdoor advertising sign shall not exceed one hundred fifty (150) square feet in size. C. Height: No outdoor advertising sign shall exceed twelve feet (12') in height from finished grade. Berms shall not be considered finished grade. D. Distance To Residential: No advertising sign shall be located closer than one hundred feet (100') to a residential property (lot) line. E. Setback: No outdoor advertising sign shall be located closer than five feet (5') to an exterior property line, nor closer than seventy five feet (75') to an interior property line. SECTION 5: Section 7.315, "Table of Sign Requirements", and Section 7.320, Bonuses, of Article 3, General Provisions, of Chapter 7 of the Mount Prospect Village Code are deleted in their entirety. SECTION 6: Section 7.325, "Special Signs", of Article 3, General Provisions, of Chapter 7 of the Mount Prospect Village Code is amended as follows: A. Subsection B, "Gasoline Price Signs", is deleted in its entirety with the remaining provisions relettered alphabetically. iManage:237698_1 6 B. Subsection D, "Menu Board", (relettered E) is deleted in its entirety and replaced with the following: "E. Menu Board: One menu board for a drive-in or drive-through restaurant shall be permitted in addition to other signs permitted under these regulations, provided such sign does not exceed thirty-two (32) square feet in area or eight feet (8') in height from finished grade, and light from the menu board is contained to the drive-thru lane only." C. Subsection F, "Flags", is deleted in its entirety, the remaining provisions to be relettered alphabetically. D. Sub-subsection 2, "Special Events/Grand Opening Signs", of Subsection G, "Temporary Signs", is deleted in its entirety and replaced with the following: 2. Balloon or Searchlight Signs a. Balloon or searchlight devices shall be permitted in conjunction with a temporary special event or grand opening for a total of four (4) events per year. b. Ground/roof secured balloons shall be permitted provided they do not exceed forty feet (40') maximum height and twenty feet (20') maximum diameter, and are limited to spheroid shapes only. Such temporary balloon display shall be limited to a maximum period of four (4) consecutive days. c. Ground/vehicular mounted searchlights may be displayed on private property for a maximum period of four (4) consecutive days. d. Hours Of Operation: Illumination of balloons and searchlight devices shall be turned off between the hours of eleven o'clock (11 :00) P.M. and seven o'clock (7:00) A.M. SECTION 7: Section 7.330, "Special Use", of Article 3, General Provisions, of Chapter 7 of the Mount Prospect Village Code, is deleted in its entirety and replaced with the following: 7.330: SPECIAL USE: The following signs may be allowed by special use permit issued in accordance with the general objectives outlined in sections 7.101 and 7.720 of this chapter. A. Electronic Message Centers: Any sign with any copy, graphics, or display that changes by electronic or mechanical means, when the copy, graphics or display remains fixed, motionless and non-flashing for a period of thirty (30) seconds or more shall be considered a changeable copy/reader board and not require Special Use approval. A display period of less than thirty (30) seconds requires Special Use approval. 1. The electronic message center shall serve the public convenience at that location and shall be located no closer than six hundred feet (600') to another such device directed to the same street. iManage:237698_1 7 iManage:237698_1 2. The message on the electronic message center may include public service information such as time, temperature, date, weather, traffic conditions or other messages of interest to the traveling public. 3. The electronic message center shall conform to the following requirements: a. It shall be designed and located so that the entire message is legible to motorists intended to view it; b. It shall be constructed from nonreflective materials and illuminated in a manner that does not create a glare, and c. The amount of text shall be limited so as to display a message that is legible to motorists intended to view it. 4. The size of the electronic message center shall conform to all applicable regulations as specified in this chapter. No more than six (6) permanent items of information will be allowed on a sign, which incorporates an electronic message center. The electronic message center portion of the sign shall be limited to less than fifty percent (50%) of the total area of the sign face. 5. The message format shall conform to the following requirements: a. The message shall not consist of flashing, scintillating, chasing or animated lights, or include animated pictorial graphics; b. Text shall be uniform in color, appearance, and font; c. The message, including single and multiple lines of text, shall not change more frequently than once every ten (10) seconds; d. A display time, shorter or longer than that provided in subsection 5( c) of this section, may be required due to site specific circumstances, traffic patterns, and/or volume warranting a shorter or longer display time; and e. The operation of an electronic message center under a special use permit for an electronic message center, which was granted prior to the effective date of subsection 5( c) of this section and permitted a message display to change more frequently than as provided in that subsection, shall be a nonconforming use and require a new special use permit upon the extension, expansion, enlargement, increase in intensity or destruction over fifty percent (50%) of the market value of the electronic message center. 6. Electronic message center signs must not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. All signs shall have an ambient light monitor that will automatically adjust the brightness levels based on 8 ambient light conditions. Prior to applying for a special use permit, the applicant shall submit photos of the proposed electronic message center, as it would appear during daytime and evening hours. 7. Menu boards used at drive-through lanes and signs used by gas stations to only display gasoline prices do not require a special use permit. Such information shall be displayed in a static manner (no motion permitted), have a uniform color, and illumination levels shall not exceed surrounding light levels. 8. All electronic message center signs must be equipped with a default mechanism that will stop the messaging or freeze the image in one position when a malfunction in electronic programming occurs. B. Development Identification Signs: 1. Size: a. Single-family (attached and detached) subdivision SIgns shall be a maximum of thirty five (35) square feet. b. Business and multi-family residential signs shall be a maximum of seventy five (75) square feet in area; provided, however, that in any development which exceeds seventy five (75) acres, an additional one square foot of sign area for each additional acre of such development shall be allowed, to a maximum of one hundred fifty (150) square feet in area. 2. Height: a. Single-family subdivision and multi-family residential signs shall be a maximum of eight feet (8') in height from established grade. b. Business signs shall not exceed twelve feet (12') In height from established grade nor nine feet (9') from finished grade. 3. Location: a. Single-family subdivision and multi-family residential signs shall be located a minimum of five feet (5') from any property line. b. Business signs shall be located a minimum of twelve feet (12') from any property line. The distance from the property line shall increase one foot (1 ') for each six and one-fourth (6.25) square feet of sign area over seventy five (75) square feet. C. Large Scale Development: Application for a special use may be made for large scale developments that increase the height and area of signs above the maximum standards in this chapter, provided that the following minimum criteria and the standard for special use set forth in section 7.720 of this chapter are met: iManage:237698_1 9 1. Street Frontage: Five hundred (500) linear feet of street frontage. 2. Minimum Lot Size: Four (4) acres. 3. Highway Oriented Business: Business must qualify or be classified as a highway oriented business serving a community or greater market base. D. Equity Option: If specific standards or requirements contained in the sign ordinance preclude a proposed sign from being erected and the applicant can meet the standards for special use set forth in section 7.720 of this chapter, a request can be made to the Planning & Zoning Commission, provided the applicant can propose an equitable alternative to the requirements of this chapter which: 1. Reduces the overall area of permitted or existing signs on the property and building; or 2. Will not exceed the maximum permitted sign area; or 3. Will not increase the total number of signs permitted on a single lot or unified business center. E. Off Premises Business Identification Signs: The following standards shall apply: 1. The sign must direct attention to a business on a lot adjacent to the lot on which the sign is located. 2. The sign must be located on a lot which is adjacent to a major arterial street. 3. The number of freestanding signs permitted by this article shall not be increased by the placement of the off premises sign. 4. The lot on which the business to be benefitted by the off premises sign must not have any frontage on an arterial street. 5. An easement or license must be granted allowing the placement of the off premises sign. 6. The sign may contain changeable copy as provided for in subsection 7.325E of this article. F. Projecting Signs: 1. Number: One projecting sign per street frontage per establishment shall be permitted, provided no other signs for such establishment are located on the same building wall. Projecting signs will not be permitted on industrial buildings or on street frontages of buildings located along major arterial roadways. 2. Area: The area of a projecting sign may not exceed sixteen (16) square feet. iManage:237698_1 10 3. Height: No projecting sign shall extend above the roofline of the building on which it is located or fourteen feet (14') from finished grade, whichever is less. 4. Projection: No projecting sign shall project from the building wall more than four feet (4'). 5. Clearance: Projecting signs shall be located such that a clearance of eight feet (8') is maintained from finished grade to the lower edge of the sign face. (Ord. 4519, 1-19-1993; amd. Ord. 5507, 9-6-2005; Ord. 5515, 10-18-2005) SECTION 8: Section 7.335, "Special Area of Control", of Article 3, General Provisions, of Chapter 7 of the Mount Prospect Village Code, is amended by deleting Sub-sub-subsection a, "Number", of Subsection I, "Projecting Signs", of Subsection B, and replacing it with the following: I. Projecting Signs: a. Number: One projecting sign shall be permitted per business establishment. A projecting sign and a wall sign may be placed on the same wall provided that the projecting sign complies with subsections 7.330F2 through F5 of this article and the size of the wall sign does not exceed twenty five percent (25%) of the maximum size permitted by this code. SECTION 9: Section 7.405, "Specific Guidelines By Design Element", of Article 4, Sign Design, of Chapter 7 of the Mount Prospect Village Code, is amended as follows: A. Sub-subsection I, "Freestanding Signs", of Subsection B, "Shape and Silhouette," is deleted in its entirety and replaced with the following: I. Freestanding Signs: The silhouette and outlined shape of freestanding signs shall be simple and compatible with the building to which it relates. Signs of excessively complicated outline or composed of many different connected shapes are unacceptable. Freestanding signs should have an attractive combination of pole skirts, landscaping, berms and/or similar treatments to provide a visual base for the sign and integrate the sign into the overall architecture, landscaping and topography on the site. Materials used for pole skirts shall match the primary material utilized on the building or buildings they identify. Brick, wood, precast, stone walls or properly treated metal will be acceptable materials to be used for pole skirts and must be compatible with the material used in the sign. Freestanding signs may not obstruct or limit the sight distance of motorists within any sight triangle as defined in this Code. B. Sub-subsection 3, "Freestanding Signs", of Subsection H, "Illumination", is deleted in its entirety, the remaining Sub-subsections renumbered numerically. SECTION 10: Section 7.410, "Additional Guidelines for Special Signs and Situations", of Article 4, Sign Design, of Chapter 7 of the Mount Prospect Village Code, is amended by inserting a new Sub-subsection 5 in Subsection B, "Signs In Shopping Centers And Other Unified Business Centers", to be and read as follows: iManage:237698_1 11 5. In shopping centers where a written sign criteria has not been established, and a mixture of sign types, colors, and design has been utilized for existing wall signs, then the sign criteria for any future wall signs proposed for that shopping center shall be established by the maximum percentage of signs currently installed on the site. SECTION 11: Section 7.501, "Illumination", of Article 5, Illumination And Maintenance, of Chapter 7 of the Mount Prospect Village Code, is amended by inserting a new Subsection F, "Brightness Limitations", to be and read as follows: F. Brightness Limitations: In no instance shall the lighting intensity of any sign, whether resulting from internal or external illumination, exceed seventy five (75) food-candles when measured with a standard light meter perpendicular to the face of the sign from a distance equal to the narrowest dimension of the sign. SECTION 12: Section 7.605, "Submission Requirements", of Article 6, Administration and Enforcement, of Chapter 7 of the Mount Prospect Village Code is amended as follows: A. Deleting the phrases "(1 copy"), "(4 copies") and "(4 copies, 1 of which is colored") as they appear in Subsections B.I., "Site Plan or Survey", B.2, "Building Elevation", B.3, "Sign Elevation", Subsection B.4, "Site Photo(s)", C.l., "Site Plan", C.2., "Sign Elevation", C.3, "Site Photo(s)", and D.I., "Electrical wiring diagram", are amended by deleting the phrase "(4 copies)". B. In Subsection B.2., "Building Elevation", deleting the phrase "or photograph." SECTION 13: Section 7.701, "Scope of Appeals, Variations and Special Use and Text Amendment", of Article 7, Appeals, Variations and Special Uses, of Chapter 7 of the Mount Prospect Village Code is amended by deleting the phrase "provided that no variation shall exceed the maximum height, sign area, and distance requirements by more than twenty five percent (25%)", and deleting the phrase "sign review board" and replacing it with the phrase "Planning and Zoning Commission", to be and read. as follows: V ARIA TIONS AND SPECIAL USE AND TEXT AMENDMENT: An appeal from a staff decision made in interpreting, applying and/or enforcing the regulations contained in this chapter may be taken to the Planning & Zoning Commission. A variation may be requested from the height, area, and minimum distance requirements contained in this chapter. A special use may be requested to allow for an electronic message center, development identification signs, nonconforming wall signs and the equity option and off-premises business identification signs. The Planning & Zoning Commission shall hear text amendment requests and make a recommendation to the village board for final action. SECTION 14: Subsection C.2. of Section 7.705, "Notice Requirement", of Article 7, Appeals, Variations and Special Uses, of Chapter 7 of the Mount Prospect Village Code, is amended by inserting the phrase "and Property Identification Number (PIN)", to be and read as follows: iManage:237698_1 12 2. The commonly known location (address) of the subject property and Property Identification Number (PIN). SECTION 15: The phrase "sign review board" shall be deleted and replaced with the phrase "Planning & Zoning Commission" as they appear in the following Sections of Article 7, Appeals, Variations and Special Uses, of Chapter 7 of the Mount Prospect Village Code: Subsections B and C of Section 7.705, Notice Requirements; Subsections A, B, and C of Section 7.715, Action on Appeal, Variation or Special Use; Subsections A, B and C of Section 7.720, Standards for Special Use; Subsections A and B of Section 7.725, Standards for Variations; and Subsection A of Section 7.750, Standards for Text Amendments. SECTION 16: Section 7.801, "Definitions", of Article 8, Definitions and Illustrations, of Chapter 7 of the Mount Prospect Village Code, is amended as follows: A. The definition of "Item of Information" is inserted alphabetically, to be and read as follows: ITEM OF INFORMATION: A word, an abbreviation, a single number, a series of numbers, a symbol or a geometric shape greater than two inches in height contained in a sign. A sign which combines several different geometric shapes or shapes of unusual configuration, is assessed one item of information for each noncontiguous plane. Punctuation marks and hyphenations are exempt. B. The phrase "sign review board" shall be deleted and replaced with the phrase "Planning & Zoning Commission" in the definition of "Text Amendment" to be and read as follows: TEXT AMENDMENT: A change to a section or provision of the Sign Ordinance which requires final action by the Village Board of Trustees following a recommendation and public hearing by the Planning & Zoning Commission. SECTION 17: 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 ,2009. Irvana K. Wilks, Village President iManage:237698_1 13 ATTEST: Lisa Angell, Village Clerk iManage:237698_1 14 '. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 14, ZONING CODE REGULATIONS, OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT 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, as follows: SECTION 1: Section 14.203, "Procedures for Administrative Functions", of Article II, Administration and Enforcement, of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting subsection G(3) in its entirety and replacing it with a new subsection G(3), to be read as follows: 3. No more than thirty (30) days nor less than fifteen (15) days prior to the hearing, the Director of Community Development shall cause a copy of the public notice to be mailed to all property owners within two hundred fifty feet (250'), exclusive of right of way width, of the parcel subject to the public hearing. The Director shall cause the notice to be mailed according to the following: a. For all applications for map amendment, conditional use, variation, or appeal requests concerning a single-family residential property, the Community Development Department shall be responsible for mailing the notice. b. For all applications for map amendment, conditional use, variation, or appeal requests concerning a non-single-family residential property, the applicant shall be responsible for mailing the notice. Upon delivery of the notice, the applicant shall attest in writing to the Community Development Department indicating the date the notice was mailed and the list of property owners to whom the notice was mailed. SECTION 2: Section 14.304, "Bulk Regulations", of Article III, General Provisions, of Chapter 14 of the Mount Prospect Village Code, shall be amended as follows: A. Deleting the word "Residential" in Subsection C, to be and read as follows: C. Number Of Buildings On A Lot: Not more than one principal building shall be located on any zoning lot in a zoning district, except in the case of a PUD, where more than one principal building on a zoning lot shall be allowed as part of a PUD. B. Deleting subsection D(l) in its entirety and replacing it with a new subsection D(1), to be read as follows: 1. Height And Location: a. Separation: A two inch (2 ") separation shall be maintained between the fence and the finished grade to provide for adequate drainage. Fences located across drainage swales shall be six inches (6") above grade. Fences shall not be iManage:237695 _I le iManage:237695 _1 ; permitted in floodway areas as designated on FEMA's flood boundary and floodway map. b. Sight Triangle: No fence greater than three feet (3') in height shall be placed within a sight triangle so as to obstruct or limit the line of sight for a motorist, cyclist, or pedestrian. c. Encroachment: All fences shall be entirely on private property. Fences may not encroach on adjoining lots or public rights of way. d. Fenceable Area: Under no circumstances shall a fence enclose an area that is less than fifty percent (50%) of the maximum fenceable area of a residentially zoned property. This limitation shall not apply to fencing around swimming pools. e. Five Foot Fences: Fences up to five feet (5') in height will be permitted as follows, and as shown on exhibit 14.304Dlb in section 14.2501 of this chapter: (1) Rear And Interior Side Yards: Fences may be installed in the rear and interior side yards, provided any fence is located behind the front line of the principal building structure. If a fence is not located along a property line, then sufficient access must be provided to the area between fence and property line to allow for proper maintenance. (2) Exterior Side Yards: Fences may be installed in an exterior side yard, provided that the fence is placed behind the front line of the principal building and set back one foot (1 ') from the property line along the exterior side yard. If the exterior side yard abuts the font yard of an adjacent lot, the fence shall not be located any closer to the exterior side yard lot line than either the building line established by the principal structure or the front yard established for the adjacent lot, whichever is less. f. Swimming Pool Fences: Fences and gates at least four feet (4'), but not greater than five feet (5'), in height to completely surround swimming pools other than swimming pools having a raised deck at least four feet (4') above grade may be placed as follows: (1) Along the perimeter of the pool walk areas; or (2) Along the perimeter of the lot as described in subsection D 1 a of this section. g. Six Foot Fences: Fences and gates up to six feet (6') in height will be permitted as follows, and as shown on exhibit l4.304Dlb in section 14.2501 of this chapter: 2 (1) When placed within the permitted buildable area of a residential property, an area fence no longer than eighteen feet (18') in length provided that it is located within the rear yard. (2) When placed along the rear or exterior side lot line when such rear or exterior side lot line abuts an arterial road as defined by the comprehensive plan of the village and provided that a one foot (1 ') setback is maintained from the rear or exterior side lot line abutting the arterial road right of way. (3) When placed between adjacent residential uses and nonresidential uses along side or rear lot lines. h. Eight Foot Fences: Fences up to eight feet (8') in height will be permitted as follows: (1) In industrial and commercial districts when used for the purpose of screening accessory building material, equipment or vehicle storage yard uses. (2) In residential zoning districts, along rear or side property lines contiguous to railroad rights of way. (3) Public swimming pools, along the perimeter of the pool area. i. Utility Easements: The construction of fences in utility easements is subject to the condition of the easement. j. Arbors/Trellises: A maximum of two (2) arbors or trellises shall be permitted except in any required front yard. Such arbor or trellises may not exceed a height of eight feet (8') or a width of ten feet (10') and be no more than twenty five percent (25%) opaque. k. Recreational Facilities: Open mesh chain-link fences up to twenty feet (20') in height may be permitted surrounding recreational facilities such as tennis courts, athletic fields, or similar uses subject to the approval of the Community Development Director. C. Inserting a new subsection E, to be read as follows: E. Design Standards: a. Visual Expanse: Any structure over two hundred (200) feet in length shall be designed so as to stagger the building facades which face a right-of-way, parking lot, or adjacent residential property, in order to break up the visual expanse of the structure. iManage:23 7695_1 3 .. b. Screening of Mechanical and Utility Equipment: 1. When feasible mechanical equipment should be located within the principal structure in order to minimize exterior visual impacts. 2. All rooftop mechanical equipment shall be completely hidden from view. If screening is required, it shall be a continuous, permanent, sound attenuating and noncombustible screen of a color compatible with the principal structure. The screen should be designed as an architectural component of the structure in the form of a parapet wall. If structural modifications are required to accommodate screening of mechanical equipment, it shall comply with the building code in effect at the time modifications are made. 3. All ground mounted mechanical and utility equipment that is six feet (6') or less in height shall be screened from view per the requirements of section 14.2308 of this chapter. Ground mounted mechanical and utility equipment that is taller than six feet (6') in height shall be screened from view with an enclosure that is constructed to be consistent with the material of the principal structure. Ground mounted mechanical and utility equipment shall be recessed into the ground to achieve a height above grade not to exceed six feet (6') to reduce the visual impact of the structure on the site. Additionally, landscaping shall be provided around the enclosure per the requirements of section 14.2308 of this chapter. 4. Screening of mechanical equipment shall be required when new equipment is installed and in such cases shall be provided around both new and existing mechanical equipment in order to provide visual continuity. Normal maintenance of mechanical equipment shall not mandate the screening requirement. SECTION 3: Section 14.306, "Accessory Structures", of Article III, General Provisions, of Chapter 14 of the Mount Prospect Village Code, shall be amended as follows: A. Deleting the word "Garages" from subsection B(1)(a), and removing the word "Sheds" and inserting the phrase "gazebo, greenhouse, or other similar accessory structure" in subsection B(1)(b), to be read as follows: 1. Maximum Size: a. A detached private garage may be no larger than six hundred seventy two (672) square feet. b. A shed, gazebo, greenhouse, or other similar accessory structure may be no larger than the smaller of the following: iManage:237695_1 4 (1) Two percent (2%) of the lot area; or (2) Two hundred (200) square feet. B. Inserting a new subsection E(9), to be read as follows: 9. Rain barrels up to one hundred (100) gallons in size shall be pennitted in interior side or rear yards. Rain barrels up to fifty-five (55) gallons may also be pennitted in exterior side yards provided they are screened via a landscaped hedge or planting area. Rain barrels shall be equipped with a screen to prevent insect nesting and provide an overflow system to direct excess rainwater away from the primary building structure. SECTION 4: Section 14.307, "Standards for Home Occupations", of Article III, General Provisions, of Chapter 14 of the Mount Prospect Village Code, shall be amended by inserting the following sentence at the end of subsection E: "This standard shall apply irrespective of any business activity actually taking place at the dwelling unit." SECTION 5: Section 14.308, "Group and Family Community Residences; General Provisions and Standards", of Article III, General Provisions, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety and the following inserted in its place: 14.308 Group and Family Community Residences; General Provisions and Standards. Group and Family Community Residences shall be located as either a pennitted or conditional use within all residential zoning districts in accordance with the provisions set forth listed in Section 14.604 of this chapter. SECTION 6: Subsection B of Section 14.311, "Outdoor Sales and Storage", of Article III, General Provisions, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety and the following inserted in its place: B. Outdoor Dining: Outdoor dining areas shall be pennitted on the same zoning lot as and in conjunction with an established restaurant in the B-3, B-4, or B-5 district, subject to the following requirements: 1. The following criteria shall apply to all outdoor dining areas located on the same zoning lot as the established restaurant: a. Outdoor dining areas may be revoked by the village manager at any time on fourteen (14) days' notice for failure to comply with the regulations set forth in this section. b. All outdoor furniture and appurtenances shall be constructed in such a manner as to allow for their easy removal during winter months and/or if otherwise required by the village. iManage:237695_1 5 iManage:23 7695_1 c. All outdoor furniture and appurtenances shall be designed to withstand a minimum wind pressure of not less than thirty (30) pounds per square inch. d. Colors and materials of outdoor furniture and appurtenances shall be harmonious with the principal and adjacent structures. e. The sale and consumption of alcoholic beverages in the outdoor dining areas shall be subject to all requirements of chapter 13 of this code. f. The proprietor shall provide adequate facilities for refuse disposal, as determined by the environmental health division. g. The outdoor dining area shall not be detrimental to the health, safety, or welfare of nearby residents or persons working or shopping in the vicinity. h. Outdoor dining areas shall be exempt from applicable parking requirements. However, in the event that the outdoor dining area creates an overflow parking problem onto adjacent public streets, the permittee must make provisions for off site parking on nearby nonresidential properties. i. Advertising or promotional features in a permitted outdoor dining area shall be limited to umbrellas or canopies, and shall be limited to no more than fifteen percent (15%) of the surface area of a canopy or umbrella. j. Outdoor dining areas shall meet all applicable village and state health requirements. k. No music or other noises generated by the operation of the outdoor dining areas shall be audible on adjacent properties. 1. In no event shall the outdoor dining area operate earlier than six o'clock (6:00) A.M. or later than eleven o'clock (11 :00) P.M. 2. Outdoor dining areas shall be permitted on public property, subject to the following criteria: a. All regulations set forth in subsection B I of this section. b. An application for the outdoor dining area permit must be submitted to the department of community development. The department will conduct an administrative review of the application and the director will either approve or deny the application within thirty (30) days from receipt. The application shall contain, at a minimum, the following information: 6 iManage:237695_1 (1) A site plan showing location of the outdoor dining area; (2) Plans and cut sheets demonstrating the type of barricades, landscaping and other features that will be utilized to define the outdoor dining area and enhance the aesthetic appeal of the area;(3) Distances of the outdoor dining area to all property lines; (4) Proposed hours of operation; (5) The clear width of all walkways and sidewalks adjacent to the outdoor dining area; (6) Photographs or other documentation showing the construction and appearance of all furniture and appurtenances to be used in the outdoor dining area, including materials and colors; and (7) Provisions for refuse disposal for the outdoor dining area. c. Approved permits for outdoor dining areas shall be effective for a period of one year from the date of approval. d. The use of public sidewalk space for outdoor furniture and appurtenances shall only be permitted incidental to the operation of a restaurant on private contiguous property. e. The applicant shall submit a written statement acknowledging responsibility for and agreeing to comply with the following: 1) the sidewalk area will be maintained in a clean and safe condition; 2) the required open portion of the sidewalk will be kept free from any obstructions or encroachments pertaining to the restaurant use; and 3) the proposed outdoor dining area will comply with all conditions of this section. f. In no event shall the operation of the outdoor dining area reduce the open portion of the sidewalk to less than five feet (5') in width. g. Outdoor furniture and other appurtenances shall be constructed of durable materials, such as wrought iron. h. The applicant shall furnish the village with evidence of general liability insurance and dramshop insurance, if applicable, naming the village as an additional insured and insuring the village against any liability resulting from the uses permitted by the permit issued under this section. Minimum coverage for general liability insurance and dramshop insurance shall be as set forth in appendix A, division I of this code, and shall have no less than an "A" rating by the most recent AM best insurance rating guide. 7 i. The operator of the outdoor dining area shall be responsible for any damage to public property and shall restore the public sidewalk to its original state when the operation of the dining area ceases. j. In order to prevent the restaurant space from encroaching upon the front of another merchant's establishment, the outdoor dining area shall not extend laterally beyond the frontage of the permittee's establishment. SECTION 7: Section 14.312, "Elimination of Unpermitted Second Units", of Article III, General Provision of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety and the following inserted in its place: 14.312, Elimination of Unpermitted Second Housekeeping Units A. Prohibited Acts: Except for as provided in Part B of this section, no person shall: 1. Enter into any lease or rental agreement of any kind or nature or otherwise maintain or permit for living purposes the use of an unpermitted second housekeeping unit. 2. Establish, install or construct an unpermitted second housekeeping unit within the corporate boundaries of the village 3. Subsequent to January 1,2000, enter into any lease or rental agreement of any kind or otherwise maintain or permit the use, for living purposes, of an unpermitted second housekeeping unit. B. Exceptions: This section shall not be applicable to the following: 1. "Group community residence" as defined in section 14.2401 of this chapter. 2. "Family community residence" as defined in section 14.2401 of this chapter. 3. Housing provided for religious institutions maintaining a house of worship in Mount Prospect when the housing is for its ministry, outreach or program personnel, provided that such housing is not otherwise prohibited by Mount Prospect regulations or laws. 4. Residences constructed and/or modified as residential two (2) flat or two (2) apartment buildings prior to May 2, 1944, which have not been converted to a single dwelling unit residence. 5. Any residence which has been officially sanctioned by the village as a two (2) flat whether by variation, special use or other official legislative action of the president and board of trustees. 6. Otherwise permitted sleeping rooms or separate living quarters without second kitchen units. iManage:237695_1 8 7. Those units that have free and unlimited physical access to the rest of the dwelling unit. If there is an issue as to whether the residence was built as a two (2) flat prior to May 2, 1944, or as to whether the village has officially sanctioned the two (2) flat, then the burden of proof, by clear and convincing evidence, shall be on the owner. C. Realtors And Brokers: It shall be unlawful for any real estate broker, or agent or any other person or entity, to advertise, state or otherwise hold out to the public or any potential buyer that a residence may be used in any manner contrary to this section. D. Probable Cause To Inspect: A sworn complaint from a Mount Prospect resident that an unpermitted second housekeeping unit is in existence within the village in conjunction with any other single indication of the existence of such a unit shall constitute probable cause to permit a village official to obtain an administrative warrant to enter the premises as to which the complaint was filed to determine the actual existence of such a unit. Other indications of such a unit shall include, but not be limited to, vehicles at the residence registered to different parties, separate trash pickup, separate utility meters, prior knowledge of a village official of such a unit or additional reports by other village residents. The foregoing shall not be the exclusive method of establishing probable cause to inspect. E. Irrebuttable Presumption: The following shall raise an irrebuttable presumption that there is not compliance with the requirement of "free and unlimited physical access" as defined in this chapter: 1. The existence of a lock or locks (whether used or not) on the only door or on all doors between an otherwise unpermitted second housekeeping unit and the remainder of the home. 2. Door hinges installed or maintained (whether a door is used or not) in the only passageway or on all passageways between the otherwise unpermitted second housekeeping unit and the rest of the home. F. Application Of Definition Of Family: Nothing in this section shall be construed as permitting more than "one-family dwelling unit" to occupy a dwelling unit. G. Penalty; Persons Subject To Penalty: Persons violating any portion of this section shall be subject to a minimum mandatory penalty as set forth in appendix A, division III of this code. Each day that the violation continues shall be considered a separate violation. Any violation of subsection A5 of this section shall subject the violator to a mandatory fine as set forth in appendix A, division III of this code. Any legal or beneficial owner and any tenant or lessee shall be jointly and severally liable for any such violation. SECTION 8: Section 14.313, "Regulations for Personal Wireless Telecommunication Facilities", of Article III, General Provisions, of Chapter 14 of the Mount Prospect Village Code shall be amended as follows: iManage:237695_1 9 A. In the chart in Subsection E, the phrase "Greater than 6 acres" for "C-R" and term "R-4" under Zoning District shall be deleted, the chart to be and read as follows: Antenna Setbacks Standards Zoning Mono - Lattice Guyed Structure Adjacent Not District pole Mount** To Adjacent Residential To Use Residentia I Use Height Front Side Rear Front Interior Exterior Rea r I-l,O/R 120' 120' 120' 10' NP 100% 100% NP 15' 30' 20' height height B-3 70' NP NP 10' NP 100% 100% NP 10' 30' 20' height height B-5 NP NP NP 10' NP 100% 100% NP 100% 100% 100% height height height height height B-5C NP NP NP 10' NP 100% 100% NP 100% 100% 100% height height height height height C-R 70' NP NP 10' NP 100% 100% NP 100% 100% 100% height height height height height B-1, B-2 70' NP NP 10' NP 100% 100% NP 10' 30' 20' height height R-X, R- NP NP NP 10'* 1, R-A, R-2, R- 3, R-4 * No more than one per residential unit permitted ** Height above the existing structure iManage:237695_1 10 NP = Not permitted B. Insert as a third sentence in Subsection G: "Antennas installed on buildings shall not project above the height of the structure and shall be painted to match the color of the building to which they are affixed", and Section G shall be and read as follows: G. Design Criteria: Antennas mounted on water towers shall not extend more than ten feet (10') beyond the height of the water tower. All antennas, except those mounted on monopoles, shall be designed to be compatible with neighboring buildings and uses, and shall match or blend with the structure to which they are attached so the antenna is virtually invisible to the casual observer. Antennas installed on buildings shall not project above the height of the structure and shall be painted to match the color of the building to which they are affixed. As such, Monopoles and any accompanying equipment shall be painted a uniform, neutral color. Towers may not display logos or company colors. SECTION 9: Section 14.314, "Outdoor Lighting Regulations", of Article III, General Provisions, of Chapter 14 of the Mount Prospect Village Code, shall be amended as follows: A. Deleting the phrase "flush with the canopy" in subsection B(2), which shall be and read as follows: 2. All lighting mounted under a canopy, including, but not limited to, luminaries mounted on or recessed into the lower surface of a canopy, shall be full cutoff. B. Inserting new subsections H, I, and J, to be read as follows: H. Property Illumination Standards: 1. The total light output from all luminaries used for outdoor lighting on any zoning lot, except for street lighting, outdoor display areas, and outdoor lighting of playing fields, shall not exceed 125,000 lumens per net acres. I. Architectural Lighting of Building Facades: 1. Upward aimed building fayade lighting shall not exceed 900 lumens (60 watt incandescent or 13 watt compact fluorescent bulb). All upward aimed light shall be fully shielded, fully confined from projecting into the sky by eaves, roofs or overhangs, and mounted as flush to a wall as possible. 2. Building fayade light exceeding 900 lumens shall be fully shielded, aimed downward, and mounted as flush to a wall possible. 3. Building fayade lighting shall be fully contained within the vertical surface of the wall being illuminated. 4. Building fayade lighting that is measurable at the ground level shall be included in the maximum allowable light levels. iManage:237695_1 11 1. Exceptions: The standards of this section shall not apply to the following types of exterior lighting: 1. Ornamental Lighting: low voltage (12 volts or less), low wattage ornamental landscape lighting fixtures, and solar operated light fixtures have self-contained rechargeable batteries, where any single fixture does not exceed 100 lumens. 2. Seasonal Lighting Displays: Lighting displays, which are installed for less than seventy-five (75) days over any continuous twelve month period. 3. Upon finding by the Police Department that outdoor lighting in specific areas of the community, that otherwise meets the requirements of this section is not adequate and additional lighting is necessary to improve safety or security for the property of its occupants. SECTION 10: A new Section 14.316, "Environmentally Sensitive Development Techniques", shall be inserted in Article III, General Provisions, of Chapter 14 of the Mount Prospect Village Code, to be read as follows: 14.316 Environmentally Sensitive Development Techniques The Village of Mount Prospect is committed to encouraging the use of environmentally sensitive development techniques in order to improve the quality of life and environmental health of the community as a whole. Green building design is a technique which incorporates design principles and strategies that limit the energy demands of buildings and also create healthier living environments within them. Green building techniques may include, but are not limited to, green roofs, reflective white roofs, permeable paving, stormwater harvesting, use of landscaping to reduce thermal demand, and use of reusable energy sources. This section provides direction on common green building design practices. While not a comprehensive list of all potential green initiatives, the Village encourages property owners to follow green design principles. A. Wind Energy Conversion Systems: The Village of Mount Prospect has found Wind Energy Conversion Systems (WECS) to be a viable and useful method of localized energy generation. Conditional use permits to authorize WECS are allowed in all zoning districts. Due to the specialization and technical nature of WECS, the following criteria have been established as minimum standards for the recommendation and approval of such permits. 1. No more than one (1) WECS shall be permitted per zoning lot. More than one (1) WECS may be permitted for commercial and industrial properties, subject to the approval of the Village Board. 2. Rooftop Mounted WECS: a. Shall be setback at least twenty (20) feet from front or exterior building lines, and at least ten (10) feet from side building lines. Setbacks shall be iManage:23 7695_1 12 iManage:237695_1 measured to the widest point of blade rotation or to the side of the WECS, whichever is greater. b. Shall be limited to a height of no more than fifteen (15) feet above the roof peak or top of a parapet wall, whichever is greater. Total height shall be measured from the highest point of blade rotation or the highest point of the WECS, whichever is greater. c. Comply with all noise regulations of the Village of Mount Prospect. d. Shall be safely and securely attached to the rooftop in compliance with the Village of Mount Prospect Building Code. 3. Tower Mounted WECS: a. Shall not be permitted in single family residential districts. b. The WECS tower or any associated structure shall comply with the minimum setback requirements of the zoning district in which the WECS is located or be setback a distance equal to 1.1 times the total height of the structure from any property line, whichever distance is greater. Total structure height shall be measured from the highest point of blade rotation to the ground. c. A WECS tower shall be set back a minimum of twenty (20) feet from any principle structure on the property. d. The maximum permissible height of a WECS tower shall not exceed (80) feet. e. Rotor blades or airfoils must maintain at least twelve (12) feet of clearance between their lowest point of rotation and the ground. f. All climbing apparatus affixed to a WECS tower shall terminate twelve (12) feet short of ground level. g. All WECS facilities shall be enclosed within a building or surrounded by a six (6) foot high safety fence. h. All WECS towers shall be constructed with an approved concrete foundation. 4. All WECS structures, including roof mounted, towers, and accessory buildings, shall conform to the appropriate Village related rules and regulations pertaining to their construction, design, operation and maintenance. 13 5. WECS shall be designed to withstand a minimum wind velocity of one hundred (100) miles per hour, with an impact pressure of forty (40) pounds per square foot. 6. The applicant shall submit documentation that the proposed WECS will not create a nuisance to adjacent uses. In no event shall the noise level produced by a WECS continuously exceed sixty-five (65) decibels as measured at the property line. 7. No WECS shall cause electromagnetic degradation in performance of other electromagnetic radiators, receptors, or generators of quality and proper design. The Village reserves the right to revoke any conditional use permit for a WECS system whenever electromagnetic interference from the WECS is evident and cannot be corrected. 8. WECS shall not be artificially lighted, except to the extent required by the FAA or other applicable government authority. 9. All wind turbines shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components. B. Solar Energy Conversion Systems: The Village of Mount Prospect has found Solar Energy Conversion Systems (SECS) to be a viable and useful method of localized energy generation. SECS shall be permitted in all zoning districts in accordance with the following minimum standards. 1. Rooftop Mounted SECS: a. Shall not project higher than the maximum building height permitted for the zoning district. If mounted on an accessory structure, the SECS shall not project higher than the maximum height permitted for that structure. b. Shall be limited to a maximum of 50% of the roof surface area or 1,000 sq. ft, whichever is less, if mounted on an angled roof and visible from adjacent roadways and/or properties. No maximum coverage shall be required if mounted on a roof so that solar arrays are completely screened from view via a parapet wall or continuous screen. c. Shall be safely and securely attached to the rooftop in compliance with the Village of Mount Prospect Building Code. 2. Ground Mounted SECS: a. Shall not be permitted in residential zoning districts. iManage:23 7695_1 14 b. Shall satisfy the applicable setback requirements for an accessory structure on the zoning lot. c. Shall be limited to a maximum of 100 square feet in size. d. All ground based utilities associated with the SECS shall be appropriately screened in accordance with the requirements of section 14.304 of this ordinance. e. A maximum of two ground mounted SECS shall be permitted per acre per property. 3. All SECS structures, including roof mounted, towers, and accessory buildings, shall conform to the appropriate Village related rules and regulations pertaining to their construction, design, operation and maintenance. SECTION 11: Subsection B of Section 14.402, "Nonconforming Building and Structures", of Article IV, Nonconforming Buildings, Structures, and Uses of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety and the following inserted in its place: B. Enlargement, Repair, Alterations And Replacement: Any nonconforming building or structure may be enlarged, maintained, repaired or altered, provided that no such enlargement, maintenance, repair or alteration shall either create an additional nonconformity or increase the extent of the existing nonconformity. However, on lots fifty five feet (55') or less in width, a nonconforming building or structure may be extended with the established setback in a required rear yard or side yard, provided that such nonconformity is no more than fifty percent (50%) of the required setback. Existing nonconforming structures which do not conform to the required building setbacks may be enlarged by creating a second story, provided the existing nonconforming setback for the structure is maintained and the proposed enlargement meets other applicable zoning requirements. In residential zoning districts, existing nonconforming driveways, patios and sidewalks may be replaced in the same location without complying with the bulk regulations of this Chapter. However, if such drive ways, patios, and or sidewalks are replaced with a different structure, any such replacement structure must meet applicable lot coverage requirements. For instance, a nonconforming patio can be replaced with another patio surface but it cannot be replaced with a driveway, deck, or other structure without meeting lot coverage requirements. SECTION 12: Section 14.501, "Purpose", of Article V, Planned Unit Development of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting the phrase "and can" from the first paragraph, the revised first paragraph to be read as follows: The purpose of a planned unit development is to provide a tool to accommodate development which is in the public interest, provides a public benefit, and which would iManage:23 7695_1 15 not otherwise be permitted by the zoning ordinance. A planned unit development may be for residential, commercial, office or industrial use. A mixed use development is also permitted, subject to the appropriate regulations of this article. SECTION 13: The first sentence of Section 14.501, "Purpose", of Article 5, Planned Unit Development of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting the phrase "and can", to be and read as follows: The purpose of a planned unit development is to provide a tool to accommodate development which is in the public interest, provides a public benefit, and which would not otherwise be permitted by the zoning ordinance. SECTION 14: Subsection C(2) of Section 14.503, "Procedures for Planned Unit Developments", of Article 5, Planned Unit Development, of Chapter 14 of the Mount Prospect Village Code, shall be amended by deleting the word "or", the revised subsection C(2) to read as follows: 2. Following the public hearing and review of the final planned unit development and supporting data, the planning and zoning commission shall send its findings and recommendations to the village board which shall, within sixty (60) days, approve, approve with modifications, disapprove the plan, or return it to the planning and zoning commission for further consideration. SECTION 15: Section 14.504, "Standards for Planned Unit Developments", of Article 5, Planned Unit Development, of Chapter 14 of the Mount Prospect Village Code, shall be amended as follows: A. Sub-subsection 3 of Section B, Standards For Planned Unit Developments With Use Exceptions, shall be deleted in its entirety and replaced with the following: 3. Proposed use exceptions shall not represent more than forty percent (40%) of the total floor area. However, in a residential planned unit development area no more than ten percent (10%) of the site area or the total floor area shall be devoted to commercial use. No industrial use shall be permitted within a residential planned unit development. B. Subsection C. Standards For Planned Unit Developments With Other Exceptions, shall be deleted in its entirety and replaced with the following: C. Standards For Planned Unit Developments With Other Exceptions: The village board may approve planned unit developments which do not comply with the requirements of the underlying zoning district's regulations governing lot area, lot width, bulk regulations, parking and sign regulations, or which require modification of the subdivision design standards when such approval is necessary to achieve the objectives of the proposed planned unit development, but only when the board finds such exceptions are consistent with the following standards: 1. Any reduction in the requirements of this chapter is in the public interest. iManage:23 7695_1 16 2. The proposed exceptions would not adversely impact the value or use of any other property. 3. Such exceptions are solely for the purpose of promoting better development which will be beneficial to the residents or occupants of the planned unit development as well as those of the surrounding properties. 4. In residential planned unit developments the maximum number of dwelling units allowed per acre shall not exceed eighty (80) units per acre in the B-5 core district or forty-eight (48) units per acre for developments incorporating senior housing or assisted living facilities. 5. All buildings are to be located within the planned unit development in such a way as to dissipate any adverse impact on adjoining buildings and shall not invade the privacy of the occupants of such buildings and shall conform to the following: a. The front, side or rear yard setbacks on the perimeter of the development shall not be less than that required in the abutting zoning district(s) or the zoning district underlying the subject site, whichever is greater. b. All transitional yards and transitional landscape yards of the underlying zoning district are complied with. c. If required transitional yards and transitional landscape yards are not adequate to protect the privacy and enjoyment of property adjacent to the development, the planning and zoning commission shall recommend either or both of the following requirements: (1) All structures located on the perimeter of the planned unit development must set back by a distance sufficient to protect the privacy and amenity of adjacent existing uses; (2) All structures located along the entire perimeter of the planned unit development must be permanently screened with sight proof screening in a manner which is sufficient to protect the privacy and amenity of adjacent existing uses. d. That the area of open space provided in a planned unit development shall be at least that required in the underlying zoning district. C. A new Subsection D shall be inserted, to be and read as follows: D. Open Space Requirements for Residential Planned Unit Developments: A minimum of fifty percent of the total lot coverage of a residential planned unit development in the R -1, R-2, R-3, R-4 zoning districts, shall be devoted to open space. Open space shall be limited to the following items: iManage:237695_1 17 1. Recreation open space, as follows: a. Swimming pools b. Tennis courts c. Recreation buildings d. Detention Ponds e. Playgrounds f. Walking or jogging trails g. other recreation spaces requiring permanent structures on the property other than buildings. 2. Private yards and courts adjoining residential years. 3. Open areas, limited use common elements. 4. The combined area of retention ponds, natural water features, wetlands, and conservation areas shall not exceed fifty percent (50%) of the required open space coverage of a residential planned unit development." 5. Buffer open space: 1. Perimeter open space abutting roadways and adjoining properties. 2. Interior and perimeter parking lot open space. 3. Open space in public rights of way. SECTION 16: Subsection A, "Residential Districts", of Section 14.601, "Districts" of Article 6, Zoning Districts, of Chapter 14 of the Mount Prospect Village Code, shall be amended by deleting the phrase "R-5 Senior citizen residence." SECTION 17: Article 6, Zoning Districts, of Chapter 14 of the Mount Prospect Village Code, shall be amended by inserting a new Section 14.604, "Land Use Tables", to be and read as follows: 14.604: LAND USE TABLES: The following tables provide direction on land uses which may hereafter be established in the associated zoning districts as either permitted or conditional uses. Land Use Table 1 regulates land uses located within the C-R, R-X, R-l, R-A, R-2, R-3, and R-4 zoning districts and Land Use Table 2 regulates land uses which are located within the B-1, B-2, B-3, B-4, B-5, B-5C, OIR, and I-I zoning districts. iManage:23 7695_1 18 For the following two tables, Permitted Uses shall be identified by a "P" and Conditional Uses shall be identified by a "C". If a space is left blank the use is not permitted in the respective zoning district. Land Use Table 1: Residential and Recreational Zoning Districts Land Use CR RX Rl RA R2 R3 R4 ~ccessory Structures P P P P P P P ~ccessory Structures Greater than 30 ft in height C ~ttached single-family homes P Churches, Synagogues, Mosques, or other houses of worship p* p* p* p* p* Circular/Dual Frontage Driveways C C C C Colleges and Universities C C C C Community Centers C Conservatories C Convalescent Homes / Nursing Homes C Cultural Institutions C C C C Daycare Center C C C C C Daycare Home P P P P P P Dormitory ~ccommodations C C C C C Detention or Retention Facilities C Elementary Schools p* p* p* p* p* Family Community Residence (located at least 1,000 ft from another family community residence) P P P P P P Family Community Residence (located within 1,000 ft of another family community residence) C C C C C C iManage:23 7695_1 19 Foster Care Homes P P P P P P Garages for parking of commercial vehicles C C Golf Courses P Group Community Residence C C C C C C High Schools p* p* p* p* p* Home Occupations P P P P P P Libraries C C C C C Lighted Ball Fields C More than one garage C C C C Multi-family dwellings P P Municipal Buildings p* p* p* p* p* Museums C C C C C C Nature Preservation Areas P Parks and Playgrounds P Planned Unit Developments C Private or Parochial Schools p* p* p* p* p* Public recreational facilities P Recreational Complexes C Rehabilitation Homes C C C C C C Residential Planned Unit Developments C C C C C Single-Family Detached Dwellings P P P P P Studios C Tennis Courts, Swimming Pools, Volleyball Courts, and similar recreational facilities P Two-family dwellings P P iManage:237695_1 20 Unenclosed front porches attached to a single-family residence C C C C C C Unlighted Ball Fields P Wireless Service Facilities P P P P P P P Senior Housing when approved as part of a PUD C C Assisted Living Facility when approved as part of a PUD C C * Pennitted in limited circumstances. A conditional use shall be required if the following circumstances apply: I. A residential dwelling unit is being converted to the proposed use so as to be the principle use of the structure; or 2. A new building or structure is to be constructed on property less than forty thousand (40,000) square feet not currently in use for the proposed use. Land Use Table 2: Commercial and Industrial Zoning Districts Land Use BI B2 B3 B4 B5 B5C O/R 11 Accessory Uses & Buildings P Accessory Uses (10% retail of permitted uses) P Amusement est. C C Amusement est. indoor only C P Animal daycare center C C C Animal hospital and veterinary clinics C C C Antique Shops P P P P Archery ranges, shooting galleries C C Art and school supply stores P P P P Art and woodcraft studios P P P P Art shops or galleries (not auction rooms) P P P P Art, sculptor, and composer studios P P P P iManage:237695_1 21 Asphalt manufacture C Automobile accessory stores P P P P Automobile garages P C C C Automobile leasing/rental agencies P P P Automobile repair and service stations C P C C C Automobile sales, new or used C P C C Automobile sales, new or used (with 2 acres or less) C Bakeries P P P P P P Banks and financial institutions C P P P P P Banquet Halls P P Barber and Beauty Schools P P P P C Barbershops P P P P P Beauty shops P P P P P Bedding Manufacture P Bicycle sales, rental and repair P P P P Billiard and Pool Halls C C C C Boat showroom, sales and repair C Bowling Alleys P P P P Building material and products, sales and storage C C Business machine sales P P P P Camera and photo supply stores P P P P Candy and ice cream stores P P P P P Car Wash C p C C C Caretakers' quarters P iManage:237695_1 22 Carpet and rug stores, retail sales P P P P Cartage and express facilities C Catering services C C C Children's Recreation Centers P P P P China and glassware stores P P P P Cloth products manufacture p Clothing and Apparel retail stores P P P P P P Clothing and costume rental stores P P P P Clubs and lodges C P P P P Coin and philatelic stores P Colleges and Universities C C C C Commercial greenhouses and nurseries P Compost collection facility C Computer offices and facilities P Computer sales, service and acc P P P P Concrete fabrication C Contractors , construction offices, shops or outdoor storage yards C Contractors' architects' and engineers' offices and shops P Contractors' architects' and engineers' storage yards C Contractors showrooms and shops P Convenience Stores P P P P P Convention and exhibition halls C C Cosmetics production C iManage:237695_1 23 Dairy products processing and manufacture C Dairy products, retail sales P P P P Dance and Music Academies/Studios P P P P P P Day Care Centers C C C C C C C Department stores P P P P Dressmakers p p p p p Drive-through and drive-in est. C C C C Driving Schools C p p p p Drugstore P P P P P Dry-cleaning and laundry establishment P P P P P Dry-cleaning plants p Dwelling units on ground floor C C Dwelling units, located above the first floor C p P Electrical and household appliance stores P P P P Electronic & scientific preCISIon instrument manufacture p Exterminating services p Floor Covering Store P P P P Flower store P P P P P Food manufacture C Food store, grocery store, meat market and delicatessen p p p p p Funeral homes C C C Furniture store P P P P Furrier shops p p p p iManage:23 7695_1 24 Game room C C C Gift shop p P P P P Glass products production C hardware store P P P P P Health services, clubs or gymnasiums p p p p Hearing aid stores P p P P Heliports C C Home improvement center(no outdoor storage) P P P P Hospitals C Hotels and Motels C C P P P Household appliance P P P P Interior decorating shops P P P P Jewelry stores p p p p Lamp and lighting fixtures P P P P Laundries p Laundromat, automatic, self-service only P P P P P Lawn and garden equipment and supply P P P P Leatl\er goods and luggage stores P P P P Libraries P P P P P Light assembly & repair: Jewelry Products P Light assembly & repair: precision instruments P Light machinery production: appliances, business machines, etc. p Light product assembly & repair: camera equipment P Light product assembly & repair: Electronic products p iManage:237695 _1 25 Limited production, assembly or manufacturing C Liquor stores, packaged goods P P P P Lithographing P locksmith shop P P P P Machinery sales C Mail order houses P Mail order, catalog stores P P P P Martial arts school P P P P Medical and dental clinics P P P P Medical and dental laboratories P P P P P Motor vehicle sales C C Motorcycle, snowmobile, or personal watercraft sales C Municipal buildings P P P P C P Museums P P P P P Music stores, P P P P Musical instrument manufacture P Musical instrument sales and repair P P P P Office and corporate Headquarters P P Office machine sales and servicing P P P P Office supply stores P P P P Offices, business and professional P P P P P P Offices, business and professional P Optician sales, retail and orthopedic and medical appliance P P P P Orthopedic and medical appliance manufacture P iManage:237695_1 26 Outside display and sales C C Outside service areas C C Paint, glass, and wallpaper stores P P P P Paper products manufacture C Parking lots C C P C C Parking lots other than accessory parking P Pawnshops C C Party supply stores P P P P Pet shops and grooming establishments P P P Petroleum tank farm &related accessory uses C Photography studios and developing of film P P P P Picture framing P P P P Planned Developments, industrial C Planned Unit Developments C C C C C C C Plastics Processing C Post office P P P P Pottery and cermanics manufacture P Printing and duplicating P P P P Printing and publishing establishments P Private Recreational Clubs P P Public utility and service uses C C C C P Public works storage yards and related facilities P Radio and television sales, service and repair P P P P Radion and television stations, studios and towers C P C C P iManage:237695_1 27 Recorded music and video rental P P P P Recycling collection centers C Religious Institutions C Repair, rental and servicing of any article of which is permitted use in the district P P P P Research laboratories and testing facilities P Restaurants, including entertainment and dancing P P P P C Restaurants P P P P P C C Secondhand stores and rummage shops P P P P Sewing machine sales and servIce, household appliances P P P P Shoe and boot manufacture P Shoe and clothing repair shops P P P P P Shoe stores P P P P Sporting goods manufacture P Sporting goods stores P P P P Sports Training and Teaching Establishments C C C Stadiums, auditoriums and arenas C C Tailor shops P P P P Tanning salon P P P P Taverns and cocktail lounges P P P P Taverns and cocktailloungs not inc. entertainment C Taxi Dispatch Centers C C P Telegraph offices P P P P Theaters, drive in C iManage:23 7695_1 28 Theaters P P P P Ticket agenies, amusement P P P P Ticket, indoor P P P P Tobacco shops P P P P Towing Agencies P Toy shops P P P P Trade or vocational schools P C Trailer and camper sales and rental C Transfer stations for refuse disposal C Travel agencies P P P P Truck sales, rental and repair C Warehouse, distribution & storage facilities P P Watchman's quarters P P P P P Wearing apparel manufacture P Wireless service P P P P P P Woodworking & wood products manufacture P SECTION 18: The text Section 14.702, "Permitted Uses", of Article 7, C-R Conservation Recreation District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted and replaced with the following: 14.702: PERMITTED USES: Land uses shall be permitted within the C-R Conservation Recreation District III accordance with the provisions listed in Section 14.604 of this chapter. SECTION 19: The text in Section 14.703, "Conditional Uses", of Article 7, C-R Conservation Recreation District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted and replaced with the following: 14.703: CONDITIONAL USES: iManage:237695_1 29 Land uses shall be allowed by conditional use within the C-R Conservation Recreation District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 20: Section 14.704, "Bulk Regulations", of Article 7, C-R Conservation Recreation District, of Chapter 14 of the Mount Prospect Village Code, shall be amended as follows: A. In Subsection A(I), delete number "50" and replace with "30", to be and read as follows: 1. All C-R zoned properties: Front yard 30 feet Exterior side yard 30 feet B. In Subsection A(3), delete the number "50" and replace with "40", to be and read as follows: 3. Property lines abutting residential property: Interior side yard 40 feet Rear yard 40 feet C. In Subsection C, "Lot Coverage", insert the phrase "for a Neighborhood Park or seventy five percent (75%) for a Community Park" at the end, to be and read as follows: C. Lot Coverage: No lot in the C-R district shall be developed with total impervious surfaces exceeding twenty five percent (25%) for a Neighborhood Park or seventy five percent (75%) for a Community Park. SECTION 21: The text in Section 14.802, "Permitted Uses", of Article 8, R-X Single- Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.802: PERMITTED USES: Land uses shall be permitted within the R-X Single-Family Residential District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 22: The text in Section 14.803, "Conditional Uses", of Article 8, R-X Single- Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.803: CONDITIONAL USES: Land uses shall be allowed by conditional use within the R-X Single-Family Residence District in accordance with the provisions listed in Section 14.604 of this chapter. iManage:237695_1 30 SECTION 23: Section 14.804, "Uses Permitted In Limited Circumstances", of Article 8, R-X Single-Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety. SECTION 24: Section 14.805: "Bulk Regulations", of Article 8, R-X Single-Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be amended as follows: A. Subsection B(2) shall be deleted in its entirety and replaced with the following: 2. All permitted and conditional uses for nonresidential: Front yard 40 feet Interior yard side 10 feet, or 1/2 the height of the principal building, whichever is greater Exterior yard Rear yard side 25 feet 30 feet, or equal to the height of the principal building, whichever is greater. B. Subsections C, "Coverage Limitations," and D, Height Limitations", shall be deleted in their entirety and replaced with the following: C. Coverage Limitations: 1. Lot Coverage: No lot in the R-X district shall be developed with total impervious surfaces exceeding thirty five percent (35%) for permitted and conditional residential uses, or seventy-five percent (75%) for permitted and conditional nonresidential uses. 2. Front And Exterior Side Yard Coverage: No front or exterior side yard of a single-family residence in the R-X district shall be developed with total impervious surfaces exceeding thirty five percent (35%) of the required yard. D. Height Limitations: The following height limitations apply to principal buildings constructed in the R-X district: 1. Residential Buildings: The maximum height of a residential building shall not exceed thirty five feet (35'). 2. Non-Residential: No principal or accessory building located on a zoning lot shall exceed thirty five feet (35') in height. 3. Exceptions: The following shall be excluded from the height limitations contained in this subsection D: iManage:237695_1 31 a. Chimneys. b. Flagpoles. c. Steeples up to seventy-five (75) feet in height as measured to the highest point of the steeple. d. Radio and television antennas attached to the principal structure. SECTION 25: The text of Section 14.902: "Permitted Uses", of Article 9, R-l Single- Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.902: PERMITTED USES: Land uses shall be permitted within the R-l Single-Family Residential District 10 accordance with the provisions listed in Section 14.604 of this chapter. SECTION 26: The text of Section 14.903: "Conditional Uses", of Article 9, R-l Single- Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.903: CONDITIONAL USES: Land uses shall be allowed by conditional use within the R-l Single-Family Residence District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 27: Section 14.904: "Uses Permitted in Limited Circumstances", of Article 9, R-l Single-Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety. SECTION 28: Section 14.905, "Bulk Regulations", of Article 9, R-l Single-Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be amended by deleting Subsections C. "Coverage Limitations", and D. "Height Limitations", in their entirety and replacing them with the following: C. Coverage Limitations: 1. Lot Coverage: No lot in the R-I district shall be developed with total impervious surfaces exceeding forty five percent (45%) for permitted and conditional residential uses, or seventy-five percent (75%) for permitted and conditional nonresidential uses. 2. Front And Exterior Side Yard Coverage: No front or exterior side yard of a single-family residence in the R-l district shall be developed with total impervious surfaces exceeding forty five percent (45%) of the required yard. D. Height Limitations: The following height limitations apply to principal buildings constructed in the R-l district: iManage:23 7695_1 32 1. Residential Buildings: The maximum height of a residential building shall not exceed twenty eight feet (28'). 2. Non-Residential: No principal or accessory building located on a zoning lot shall exceed thirty five feet (35') in height. 3. Exceptions: The following shall be excluded from the height limitations contained in this subsection D: a. Chimneys. b. Flagpoles. c. Steeples up to seventy-five (75) feet in height as measured to the highest point of the steeple. d. Radio and television antennas attached to the principal structure. SECTION 29: The text in Section 14.1002, "Permitted Uses", of Article 10, R-A Single- Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.1002: PERMITTED USES: Land uses shall be permitted within the R-A Single-Family Residential District m accordance with the provisions listed in Section 14.604 of this chapter. SECTION 30: The text in Section 14.1003, "Conditional Uses", of Article 10, R-A Single-Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.1003: CONDITIONAL USES: Land uses shall be allowed by conditional use within the R-A Single-Family Residence District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 31: Section 14.1004, "Uses Permitted In Limited Circumstances", of Article 10, R-A Single-Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety. SECTION 32: Section 14.1005, "Bulk Regulations", of Article 10, R-A Single-Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be amended by deleting Subsections C. "Coverage Limitations", and D. "Height Limitations", in their entirety and replacing them with the following: C. Coverage Limitations: 1. Lot Coverage: No lot in the R-A district shall be developed with total impervious surfaces exceeding fifty percent (50%) for permitted and conditional iManage:23 7695_1 33 residential uses, or seventy-five percent (75%) for permitted and conditional nonresidential uses. 2. Front And Exterior Side Yard Coverage: No front or exterior side yard of a single-family residence in the R-A district shall be developed with total impervious surfaces exceeding fifty percent (50%) of the required yard. A. Subsection, shall be deleted in its entirety and replaced with the following: D. Height Limitations: The following height limitations apply to principal buildings constructed in the R-A district: 1. Residential Buildings: The maximum height of a residential building shall not exceed twenty eight feet (28'). 2. Non-Residential: No principal or accessory building located on a zoning lot shall exceed thirty five feet (35') in height. 3. Exceptions: The following shall be excluded from the height limitations contained in this subsection D: a. Chimneys. b. Flagpoles. c. Steeples up to seventy-five (75) feet in height as measured to the highest point of the steeple. d. Radio and television antennas attached to the principal structure. SECTION 33: The text in Section 14.1102, "Permitted Uses", of Article 11, R-2 Attached Single-Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.1102: PERMITTED USES: Land uses shall be permitted within the R-2 Single-Family Residential District In accordance with the provisions listed in Section 14.604 of this chapter. SECTION 34: The text in Section 14.1103, "Conditional Uses", of Article 11, R-2 Attached Single-Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.1103: CONDITIONAL USES: Land uses shall be allowed by conditional use within the R-2 Single-Family Residence District in accordance with the provisions listed in Section 14.604 of this chapter. iManage:237695_1 34 SECTION 35: Section 14.1104, "Uses Permitted in Limited Circumstances", of Article 11, R-2 Attached Single-Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety. SECTION 36: Section 14.1105, "Bulk Regulations", of Article 11, R-2 Attached Single- Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be amended as follows: A. Sub-subsection 1 of Subsection B, Yard Requirements, shall be amended by inserting the phrase "for single family detached dwellings" after "interior side yard", to be and read as follows: 1. All permitted and conditional uses for residential: Front yard 30 feet Interior side yard for single family detached 10 percent of lot width, but not less dwellings than 5 feet (There is no interior side yard requirement for attached single-family homes.) Exterior side yard 20 feet Rear yard 25 feet B. Subsections C. "Coverage Limitations", D. "Height Limitations", and E, "Additional Restrictions On Attached Single-Family Dwellings", shall be deleted in their entirety and replaced with the following: C. Coverage Limitations: 1. Lot Coverage: No lot in the R-2 district shall be developed with total impervious surfaces exceeding: fifty percent (50%) for permitted and conditional residential uses, or seventy-five percent (75%) for permitted and conditional nonresidential uses. 2. Front And Exterior Side Yard Coverage: No front or exterior side yard of a single-family residence in the R-2 district shall be developed with total impervious surfaces exceeding fifty percent (50%). D. Height Limitations: The following height limitations apply to principal buildings constructed in the R-2 district: 1. Residential Buildings: The maximum height of a residential building shall not exceed twenty eight feet (28'). iManage:237695_1 2. Non-Residential: No principal or accessory building located on a zoning lot shall exceed thirty five feet (35') in height. 35 3. Exceptions: The following shall be excluded from the height limitations contained in this subsection D: a. Chimneys. b. Flagpoles. c. Steeples up to seventy-five (75) feet in height as measured to the highest point of the steeple d. Radio and television antennas attached to the principal structure. E. Additional Restrictions On Attached Single-Family Dwellings: 1. No more than six (6) attached single-family dwellings shall be connected together in a single building, and such building shall not exceed a length of one hundred seventy five feet (175'). 2. Separations between groups of attached single-family dwellings shall not be less than thirty feet (30') plus area for patios. 3. Each attached single-family dwelling shall be provided with at least one hundred (100) square feet of land area reserved for the construction of a patio or deck. 4. Parking for attached single-family dwellings shall be provided according to the following schedule: a. A minimum of two interior garage parking spaces shall be provided per single-family attached dwelling unit. b. A minimum of two exterior surface parking spaces shall be provided on the driveway leading to the entrance to the interior parking spaces. The driveway surface shall have both a minimum width of sixteen (16) feet and depth of at least twenty (20) feet. c. One guest parking space shall be provided for every ten required parking spaces from items a and b. Signs shall be posted indicating that guest parking spaces are to be utilized for guest parking only and shall not be utilized for the permanent storage of homeowners vehicles. Guest parking spaces shall be located off street, unless otherwise approved by the Village. SECTION 37: The text of Section 14.1202, "Permitted Uses", of Article 12, R-3 Low Density Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.1202: PERMITTED USES: iManage:237695_1 36 Land uses shall be permitted within the R-3 Low Density Residence District In accordance with the provisions listed in Section 14.604 of this chapter. SECTION 38: The text of Section 14.1203, "Conditional Uses", of Article 12, R-3 Low Density Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following 14.1203: CONDITIONAL USES: Land uses shall be allowed by conditional use within the R-3 Low Density Residence District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 39: Section 14.1204, "Uses Permitted In Limited Circumstances", of Article 12, R-3 Low Density Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety. SECTION 40: Section 14.1203, "Bulk Regulations", of Article 12, R-3 Low Density Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be amended by deleting Subsections C. "Coverage Limitations", D. "Height Limitations", and E, "Additional Restrictions On Multi-Family Dwellings", in their entirety and replacing them with the following: C. Coverage Limitations: 1. Lot Coverage: No lot in the R-3 district shall be developed with total impervious surfaces exceeding fifty percent (50%) for permitted and conditional residential uses, or seventy-five percent (75%) for permitted and conditional nonresidential uses. 2. Front And Exterior Side Yard Coverage: No front or exterior side yard of a single-family residence in the R-3 district shall be developed with total impervious surfaces exceeding fifty percent (50%). D. Height Limitations: The following height limitations apply to principal buildings constructed in the R-3 district: 1. Single-Family And Two-Family Buildings: The maximum height of a residential building shall not exceed twenty eight feet (28'). 2. Multi-Family Buildings: The maximum height of a multi-family building shall not exceed thirty five feet (35'). 3. Non-Residential: No principal or accessory building located on a zoning lot shall exceed thirty five feet (35') in height. 4. Exceptions: The following shall be excluded from the height limitations contained in this subsection D: a. Chimneys. iManage:237695_1 37 b. Flagpoles. c. Steeples up to seventy-five (75) feet in height as measured to the highest point of the steeple d. Radio and television antennas attached to the principal structure. E. Additional Restrictions On Multi-Family Dwellings: 1. Two (2) or more multi-family residential buildings may be located on the same zoning lot only as part of an approved planned unit development. 2. Where two (2) or more multi-family buildings are located on the same zoning lot, a minimum of thirty feet (30') plus area for patios shall be maintained between buildings. 3. Each multi-family dwelling shall be provided with at least one hundred (100) square feet of area reserved for the construction of a patio or deck. 4. Parking for multi-storied multi-family developments, such as apartments or condominiums, shall be provided in accordance with Section 14.2224 of this code. Parking for attached dwelling units, such as townhomes or rowhomes, shall be provided according to the following schedule: a. A minimum of two interior garage parking spaces shall be provided per dwelling unit. b. A minimum of two exterior surface parking spaces shall be provided on the driveway leading to the entrance to the interior parking spaces. The driveway surface shall have both a minimum width of sixteen (16) feet and depth of at least twenty (20) feet. c. One guest parking space shall be provided for every ten required parking spaces from items a and b. Signs shall be posted indicating that guest parking spaces are to be utilized for guest parking only and shall not be utilized for the permanent storage of homeowners vehicles. Guest parking spaces shall be located off street, unless otherwise approved by the Village. SECTION 41: The text of Section 14.1302, "Permitted Uses", of Article 13, R-4 Multi- Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.1302: PERMITTED USES: Land uses shall be permitted within the R-4 Multi-Family Residence District In accordance with the provisions listed in Section 14.604 of this chapter. iManage:237695_1 38 SECTION 42: The text of Section 14.1303, "Conditional Uses", of Article 13, R-4 Multi- Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.1303: CONDITIONAL USES: Land uses shall be allowed by conditional use within the R-4 Multi-Family Residence District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 43: Section 14.1304, "Bulk Regulations", of Article 13, R-4 Multi-Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be amended by deleting Subsections D. "Height Limitations", and E, "Additional Restrictions On Multi-Family Dwellings", in their entirety and replacing them with the following: D. Height Limitations: The following height limitations apply to principal buildings constructed in the R-4 district: 1. Multi-Family Buildings: The maximum height of a multi-family building shall not exceed thirty five feet (35'). 2. Non-Residential: No principal or accessory building located on a zoning lot shall exceed thirty-five feet (35') in height. 3. The following shall be excluded from the height limitations of the R-4 district: a. Chimneys. b. Flagpoles. c. Steeples up to seventy-five (75) feet in height as measured to the highest point of the steeple d. Radio and television antennas attached to the principal structure. E. Additional Restrictions On Multi-Family Dwellings: 1. Two (2) or more multi-family buildings may be located on the same zoning lot only as part of an approved planned unit development. 2. Where two (2) or more multi-family buildings are located on the same zoning lot, a minimum of thirty feet (30') plus area for patios shall be maintained between buildings. 3. Each multi-family dwelling shall be provided with at least one hundred (100) square feet of area reserved for the construction of a patio or deck. 4. Parking for multi-storied multi-family developments, such as apartments or condominiums, shall be provided in accordance with Section 14.2224 of this code. Parking for attached dwelling units, such as townhomes or rowhomes, shall be provided according to the following schedule: iManage:237695_1 39 a. A minimum of two interior garage parking spaces shall be provided per dwelling unit. b. A minimum of two exterior surface parking spaces shall be provided on the driveway leading to the entrance to the interior parking spaces. The driveway surface shall have both a minimum width of sixteen (16) feet and depth of at least twenty (20) feet. c. One guest parking space shall be provided for every ten required parking spaces from items a and b. Signs shall be posted indicating that guest parking spaces are to be utilized for guest parking only and shall not be utilized for the permanent storage of homeowners vehicles. Guest parking spaces shall be located off street, unless otherwise approved by the Village. SECTION 44: Article 14, R-5 Senior Citizen Residence District, of Chapter 14, of the Mount Prospect Village Code, shall be deleted in its entirety and intentionally left blank. SECTION 45: The text of Section 14.1502, "Permitted Uses", of Article 15, B-1 Business Office District, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.1502: PERMITTED USES: Land uses shall be permitted within the B-1 Business Office District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 46: The text of Section 14.1503, "Conditional Uses", of Article 15, B-1 Business Office District, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.1503: CONDITIONAL USES: Land uses shall be allowed by conditional use within the B-1 Business Office District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 47: The text of Section 14.1504, "Bulk Regulations", of Article 15, B-1 Business Office District, of the Mount Prospect Village Code, shall be amended as follows: A. The sentence "All off street parking and loading areas within the B-1 district shall be setback a minimum of 10 feet from each property line" shall be added to the end of Subsection A, "Yard Requirements", which shall be and read as follows: A. Yard Requirements: All buildings in the B-1 district shall meet the following setback requirements: 1. Front yard 30 feet iManage:237695 _1 40 2. Side yard 10 feet 3. Comer side yard 30 feet 4. Rear yard 20 feet All off street parking and loading areas within the B-1 district shall be setback a minimum of 10 feet from each property line. B. In Subsection B, "Building Height", the phrase "thirty feet (30') shall be deleted and replaced with the phrase "thirty-five feet ((35') to be and read as follows: B. Building Height: The maximum height of any building in the B-1 district shall be three (3) stories or thirty five feet (35'), whichever is less. C. Subsection E, Floor Area Ratio (FAR), shall be deleted in its entirety.\ SECTION 48: The text of Section 14.1602, "Permitted Uses", of Article 16, B-2 Neighborhood Shopping Center District, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.1602: PERMITTED USES: Land uses shall be permitted within the B-2 Neighborhood Shopping District 10 accordance with the provisions listed in Section 14.604 of this chapter. SECTION 49: The text of Section 14.1603, "Conditional Uses", of Article 16, B-2 Neighborhood Shopping Center District, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.1603: CONDITIONAL USES: Land uses shall be allowed by conditional use within the B-2 Neighborhood Shopping District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 50: Section 14.1604, "Bulk Regulations", of Article 16, B-2 Neighborhood Shopping Center District, of the Mount Prospect Village Code, shall be amended as follows: A. The sentence "All off street parking and loading areas within the B-2 district shall be setback a minimum of 10 feet from each property line" shall be added to the end of Subsection A, "Yard Requirements", which shall be and read as follows: A. Yard Requirements: All buildings in the B-2 district shall meet the following setback requirements: 1. Front yard 30 feet iManage:237695 _1 41 2. Side yard 10 feet 3. Comer side yard 30 feet 4. Rear yard 20 feet All off street parking and loading areas within the B-2 district shall be setback a minimum of 10 feet from each property line. B. In Subsection B, "Building Height", the phrase "thirty feet (30') shall be deleted and replaced with the phrase "thirty-five feet ((35') to be and read as follows: B. Building Height: The maximum height of any building in the B-2 district shall be three (3) stories or thirty five feet (35'), whichever is less. SECTION 51: The text of Section 14.1702, "Permitted Uses", of Article 17, B-3 Community Shopping District, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.1702: PERMITTED USES: Land uses shall be permitted within the B-3 Community Shopping District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 52: The text of Section 14.1703 "Conditional Uses", of Article 17, B-3 Community Shopping District, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.1703: CONDITIONAL USES: Land uses shall be allowed by conditional use within the B-3 Community Shopping District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 53: Section 14.1704 "Bulk Regulations", of Article 17, B-3 Community Shopping District, of the Mount Prospect Village Code, shall be amended as follows: A. The sentence "All off street parking and loading areas within the B-3 district shall be setback a minimum of 10 feet from each property line" shall be added to the end of Subsection A, "Yard Requirements", which shall be and read as follows: A. Yard Requirements: All buildings in the B-3 district shall meet the following setback requirements: 1. Front yard 30 feet 2. Side yard 10 feet iManage:237695_1 42 3. Corner side yard 30 feet 4. Rear yard 20 feet All off street parking and loading areas within the B-3 district shall be setback a minimum of 10 feet from each property line. B. In Subsection B, "Building Height", the phrase "thirty feet (30') shall be deleted and replaced with the phrase "thirty-five feet ((35') to be and read as follows: B. Building Height: The maximum height of any building in the B-3 district shall be three (3) stories or thirty five feet (35'), whichever is less. SECTION 54: The text of Section 14.1802, "Permitted Uses", of Article 18, B-4 Corridor Commercial District, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.1802: PERMITTED USES: Land uses shall be permitted within the B-4 Corridor Commercial District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 55: The text of Section 14.1803, "Conditional Uses", of Article 18, B-4 Corridor Commercial District, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.1803: CONDITIONAL USES: Land uses shall be allowed by conditional use within the B-4 Corridor Commercial District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 56: Section 14.1804. "Bulk Regulations", of Article 18, B-4 Corridor Commercial District, of the Mount Prospect Village Code, shall be amended as follows: A. The sentence "All off street parking and loading areas shall be setback a minimum of 10 feet from each property line" shall be added to the end of Subsection A, "Yard Requirements", which shall be and read as follows: A. Yard Requirements: All buildings in the B-4 district shall meet the following setback requirements: 1. Front yard 30 feet 2. Side yard 10 feet 3. Corner side yard 30 feet iManage:23 7695_1 43 4. Rear yard 20 feet All off street parking and loading areas shall be setback a minimum of 10 feet from each property line. B. In Subsection B, "Building Height", the phrase "thirty feet (30') shall be deleted and replaced with the phrase "thirty-five feet ((35') to be and read as follows: B. Building Height: The maximum height of any building in the B-4 district shall be three (3) stories or thirty five feet (35'), whichever is less. SECTION 57: The text of Section 14.1903, "Permitted Uses", of Article 19, B-5 Central Commercial District and B-5C Core Central Commercial District, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.1903: PERMITTED USES: Land uses shall be permitted within the B-5 Central Commercial District and the B-5C Core Central Commercial District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 58: The text of Section 14.1903, "Conditional Uses", of Article 19, B-5 Central Commercial District and B-5C Core Central Commercial District, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.1904: CONDITIONAL USES: Land uses shall be allowed by conditional use within the B-5 Central Commercial District and the B-5C Core Central Commercial District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 59: In Sub-subsection 1 of Subsection C, "Height Limitations", of Section 14.1905. "Bulk Regulations", of Article 18, B-4 Corridor Commercial District, of the Mount Prospect Village Code, the phrase "thirty feet (30') shall be deleted and replaced with the phrase "thirty-five feet ((35'), to be and read as follows: C. Height Limitations: 1. There shall be a maximum height of three (3) stories or thirty-five feet (!35'), whichever is less. SECTION 60: The text of Section 14.2002, "Permitted Uses", of Article 20, OIR Office Research District, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.2002: PERMITTED USES: Land uses shall be permitted within the OIR Office Research District in accordance with the provisions listed in Section 14.604 of this chapter. iManage:237695_1 44 SECTION 61: The text of Section 14.2003, "Conditional Uses", of Article 20, OIR Office Research District, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.2003: CONDITIONAL USES: Land uses shall be allowed by conditional use within the OIR Office Research District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 62: Subsection A, "Yard Requirements", of Section 14.2004, "Bulk Requirements", of Article 20, OIR Office Research District, of the Mount Prospect Village Code, shall be amended by inserting a new Sub-subsection 4, to be and read as follows: 4. Parking: All surface off street parking and loading areas shall be setback a minimum of ten (10) feet from each property line. SECTION 63: The text of Section 14.2102, "Permitted Uses", of Article 21, 1-1 Limited Industrial District, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.2102: PERMITTED USES: Land uses shall be permitted within the 1-1 Limited Industrial District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 64: The text of Section 14.2103, "Conditional Uses", of Article 21, 1-1 Limited Industrial District, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.2103: CONDITIONAL USES: Land uses shall be allowed by conditional use within the I-I Limited Industrial District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 65: Section 14.2104, "Bulk Regulations", of Article 21, 1-1 Limited Industrial District, of the Mount Prospect Village Code, shall be amended as follows: A. The sentence "All off street parking and loading areas shall be setback a minimum of 10 feet from each property line" shall be added to the end of Subsection B, "Yard Requirements", which shall be and read as follows B. Yard Requirements: All buildings in the I-I district shall meet the following setback requirements: 1. Front yard 30 feet 2. Side yard 15 feet iManage:237695_1 45 3. Corner side yard 30 feet 4. Rear yard 20 feet All off street parking and loading areas shall be setback a minimum of 10 feet from each property line. B. In Subsection C, "Building Height", the phrase "thirty feet (30') shall be deleted and replaced with the phrase "forty feet (40') to be and read as follows: C. Building Height: The maximum height of any building in an 1-1 district shall be forty feet (40'). C. Sub-subsection 2 in Subsection F, "Restrictions On Industrial Uses", shall be deleted in its entirety and replaced with the following: 2. For properties located within one hundred (100) feet of a residential property all storage of materials shall be within completely enclosed buildings. For properties located elsewhere in the district, or for the outdoor storage of vehicles, storage areas may be open to the sky but effectively screened by a solid wall or fence, including any gates, not less than six feet (6') nor more than eight feet (8') in height. No stored materials shall be visible above the fence. SECTION 66: Section 14.2207, "Parking Area Design", of Article 22, Off-Street Parking And Loading, of the Mount Prospect Village Code, shall be amended by adding the following sentence: "Wherever feasible, shared interconnects and shared driveways with adjoining properties shall be provided", to be and read as follows: 14.2207: PARKING AREA DESIGN: It shall be the responsibility of the community development director to review plans for all parking lots to ensure compliance with the parking section of these regulations and his approval must be obtained before building permit issuance. The arrangement, character, extent, width, grade and location of all parking areas shall be considered in relation to existing and planned streets, to reasonable circulation to traffic within and adjacent to parking areas, to separation of parking, loading, and drive up stacking, to topographical conditions, to runoff of storm water, public convenience and safety, and in their appropriate relations to the proposed uses of the area to be served. All traffic intersections and confluences must encourage safe and efficient traffic flow. Any such submission must comply with the requirements of this chapter and the site construction specifications contained in chapter 16 of this code. Parking lots and accesses shall be designed so as to discourage use of same as shortcuts and/or bypasses when located between major arterial roadways. (Ord. 5253, 5-21-2002) Wherever feasible, shared interconnects and shared driveways with adjoining properties shall be provided. SECTION 67: Subsection A(3), "Width", of Section 14.2215, "Driveways", of Article 22, Off-Street Parking And Loading, of the Mount Prospect Village Code, shall be amended by adding a sub-subsection (e), to be and read as follows: iManage:237695_1 46 e. Driveways for single family residential properties which front onto a major arterial roadway, as defined by the Village's Comprehensive Plan, shall be permitted to provide a vehicle turn-around pad no larger than twelve (12) feet in depth as measured from the side of the driveway, and ten (10) feet in width. The vehicle turn-around pad shall be located entirely on the property, perpendicular to the driveway, and at least fifteen (15) feet from the garage door. The turn-around pad may be in addition to the overall permitted driveway width. SECTION 68: The text of Section 14.2216, "Size and Access", of Article 22, Off-Street Parking And Loading, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following (Figure 1 to remain): 14.2216: SIZE AND ACCESS: All parking stalls and aisles shall have the minimum dimensions, as set forth in figure 11, provided that the automobile overhang of not greater than two feet (2') may be included in stall depth calculations where such overhang does not extend beyond the property line, encroach on the minimum width of the sidewalk, or encroach upon a required setback. When automobile overhang beyond an installed curb is included in the stall depth calculation, such overhang shall be considered as part of the parking stall for landscaping or setback purposes. Parking garages shall have a minimum vertical clearance of seven feet six inches (7'6"). An industrial, commuter, long term business office or multi-family residential use may request a reduction to eight and one-half feet (8 1/2') in stall width. Such request shall be approved by the director of community development and must be accompanied by such documentation and evidence which shall justify the parking lot safety. FIGURE #156 Angled Angled Angled Acces s Stall Stall Aisle Stall Total Stall Aisle Stall Width Length Width Width Bay Size Length Width Length Angle B C D E F G H L 450 9 18.5 13 12.7 49 15.3 16 18 600 9 19.8 17 lOA 53 17.6 16 18 900 9 18.0 24 60 24 18 Notes: iManage:237695_1 47 1. Parking lots shall be bordered with 6 inch concrete barrier curb. 2. Ingress/egress driveways shall have 30 foot radii on returns. 3. Concrete islands abutting ninety degree parking shall have 5 foot radii on returns. 4. Ninety degree spaces on the perimeter can be 16 feet is a 2 foot overhang is provided free of the yard requirement. 5. Dimension for parking with angles other than what is indicated in the chart above shall be figured proportionately. 6. Stacking for vehicles in drive-through lanes, or other locations where vehicle stacking is required, shall be measured at a distance of twenty (20) feet from the front-bumper of the first vehicle in the que to the front-bumper of the second vehicle in the que, and so forth. Stacking lanes shall be separated from primary parking areas via a landscaped median. SECTION 69: Section 14.2218, "Wheel Guards", of Article 22, Off-Street Parking And Loading, of the Mount Prospect Village Code, shall be amended by inserting the phrase "or in locations where a concrete curb exists" to the last sentence, to be and read as follows: 14.2218: WHEEL GUARDS: Parking spaces shall be provided with wheel guards or bumper guards where concrete curbs are not required so that no part of parked vehicles will encroach on an adjacent sidewalk. Bumper guards are not required for interior stalls or in locations where a concrete curb exists. SECTION 70: Section 14.2224, "Off Street Parking Requirements", of Article 22, Off- Street Parking And Loading, of the Mount Prospect Village Code, shall be amended as follows: A. At the bottom of the criteria under "Multiple-family dwellings" for "Residential" parking requirements, insert the following: "Guest Parking 1 space for every 10 required parking spaces" B. Under "Residential" parking requirements, the phrase "R-5 senior citizen housing:" shall be deleted and replaced with the phrase "Senior citizen housing/Assisted Living Facility:" C. Insert the number "4" for the number of stacking spaces for a bank facility under "Office and Institutional, to be and read as follows: OFFICE AND INSTITUTIONAL: Banking facility: 3 spaces per 1,000 square feet gross floor area plus 4 stacking spaces for each window. SECTION 71: Section 14.2225, "Off-Street Loading", of Article 22, Off-Street Parking And Loading, of the Mount Prospect Village Code, shall be amended as follows: iManage:237695_1 48 A. In Subsection A, Location and Screening, delete the term "required" in the first sentence, and insert, as the second sentence, the following: "All loading areas shall be hidden from street view or from adjacent residential areas." B. In Subsection B, Size, delete the second sentence, which reads "The number of loading berths required, whether short or long berths, is identified in Section 14.2226 of this Article." C. In Subsection C, Access, delete the word "required." SECTION 72: Section 14.2226, "Number and Type of Loading Berths Required", of Article 22, Off-Street Parking And Loading, of the Mount Prospect Village Code, shall be deleted in its entirety. SECTION 73: The text of Section 14.2302, "Landscape Plan Requirement", of Article 23, Landscape Requirements, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.2302: LANDSCAPE PLAN REQUIREMENT: A landscape plan shall be required and approved by the Director of Community Development for the following: A. Any nonresidential development of any parcel of land involving the construction of any new building(s), structure(s) or parking facilities, or B. Any multi-family residential development and/or residential PUD, or C. Any development involving expansion by more than twenty five percent (25%) of an existing structure, if constructed after the effective date hereof, or D. The removal of more than three trees on any property. The plan shall be completed by a landscape architect or a person capable of fulfilling all requirements set forth in this Chapter. Requests for relief or revisions to these requirements of this Chapter may be submitted to the Village Manager for his consideration. SECTION 74: The text of Section 14.2302, "Landscape Plan Requirement", of Article 23, Landscape Requirements, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.2302: LANDSCAPE PLAN REQUIREMENT: A landscape plan shall be required and approved by the Director of Community Development for the following: A. Any nonresidential development of any parcel of land involving the construction of any new building(s), structure(s) or parking facilities, or iManage:23 7695_1 49 B. Any multi-family residential development and/or residential PUD, or C. Any development involving expansion by more than twenty five percent (25%) of an existing structure, if constructed after the effective date hereof, or D. The removal of more than three (3) trees on the property. The plan shall be completed by a landscape architect or a person capable of fulfilling all requirements set forth in this Chapter. Requests for relief or revisions to these requirements of this Chapter may be submitted to the Village Manager for his consideration. SECTION 75: The text of Section 14.2303, "Content of Landscape Plan", of Article 23, Landscape Requirements, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.2303: CONTENT OF LANDSCAPE PLAN: A. Elements Of The Preliminary Landscape Plan: 1. Show the proposed location of all new plant materials. 2. Indicate the character of suggested plant materials to be used (i.e., shade trees, ornamental trees, shrubbery, etc.). 3. A tree survey shall be prepared which lists the location of existing vegetation (4 inch caliper and above) with sizes, condition, and species (common and botanical names) recorded. Indicate on the plan those plant materials to be preserved, removed or transplanted. 4. Proposals to protect and preserve existing trees during and after construction. 5. Location of existing natural site features, including, but not limited to, large boulders, rock outcroppings and streams. B. Elements Of A Final Landscape Plan: Locations of existing and proposed improvements. I. Building outlines, with entry and exit points. 2. All utilities. 3. Lighting. 4:Walls. iManage:23 7695_1 50 iManage:237695_1 5. Fences. 6. Parking areas (spaces delineated, including handicapped spaces, curbs). 7. Spot elevations and/or contours existing and proposed. 8. Berms. 9. Existing (4 inch caliper and above with drip line) and proposed plant material. 10. Paved surfaces. 11. Sign locations. 12. Public rights of way/easements, including street widths. 13. Refuse disposal areas. 14. Other exterior landscape amenities, such as bike paths, plazas, etc.. 15. Property lines. c. Planting Schedule: 1. Plant material schedule, listing: botanical names; common names; caliper or height; and quantity. 2. Plant material schedule of all trees (4 inch caliper and above) to be removed, listing: botanical names; common names; caliper or height; and quantity. 3. Planting data box which shall include the required and proposed calculations for the following: a. the total area in square feet of the lot to be developed, b. the total square feet and percentage of the area being landscaped, c. the total number of trees required and proposed, and d. the total number of shrubs required and proposed. D. Miscellaneous: 1. Proposed treatment of all ground surfaces (pea gravel, ground covers, sod, seed and/or prairie). 2. Other drawings and information as required: 51 iManage:23769S_1 a. Irrigation plan, required for commercial projects. b. Grading and drainage plan, showing spot elevations and/or cross sections. 3. Methods to be used to protect plants and planted areas (curbs, ties, walls, etc.). E. Title Block: 1. Name and address of property owner. 2. Name of landscape architect. 3. Firm name and address. 4. Scale data. 5. North arrow. 6. Date. F. Natural Feature Details: Provide the following: elevations, cross sections, samples and/or photographs to indicate: 1. Texture of exposed surfaces. 2. Landscape material. 3. Scale. 4. Color of exposed surfaces. 5. Planting in relation to buildings. G. Manmade Feature Details: Provide the following: technical information, samples, details and/or photographs of materials to be used: 1. Light standards. 2. Benches. 3. Fences. 4. Walls. 5. Signage. 6. Safety lighting. 7. Other site details. 52 SECTION 76: The text of Section 14.2304, "Design Criteria", of Article 23, Landscape Requirements, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.2304: DESIGN CRITERIA: A. Scale And Nature Of Landscape Material: The scale and nature of landscape material shall be appropriate to the site and structures. B. Selection Of Plant Material: I. Planting materials used in conformance with the provisions of this article shall be: a. Of good quality of a species normally grown in Northeastern Illinois. b. Capable of withstanding the extremes of individual site microclimates. c. Selected for interest in its structure, texture, and color for its ultimate growth. d. Harmonious to the design, and of good appearance. e. In conformance with american standard for nursery stock as approved by the Village's Arboricultural Standards Manual (Sec. 9.705). 2 Trees: Of the area being landscaped, there shall be at least one tree for every seven hundred (700) square feet oflandscaped area. One-fourth (1/4) of the trees shall be evergreens a minimum of six feet (6') in height, one-fourth (1/4) ornamental a minimum of two inch (2") caliper or five feet (5') clump form and one-half (1/2) shade trees a minimum of two and one-half inch (2 1/2") caliper 3 Shrubs: One shrub shall be planted for every one hundred fifty (150) square feet of landscaped area. Fifty percent (50%) of the shrubs shall be deciduous arid fifty percent (50%) evergreen. For shrubs that mature at less than five feet (5') in height, minimum installation size shall be two feet (2'). For shrubs that mature taller than five feet (5') in height, minimum installation size shall be three feet (3'). C. Installation Of Plant Materials: Plant materials of all types and species shall be installed in accordance with the minimum technical specifications of the Village's Arboricultural Standards Manual (Sec. 9.705 of this Codce), including the guarantee and replacement sections. The following materials shall be considered either prohibited or recommended to meet the standards of this ordinance: I. PROHIBITED TREE LIST iManage:237695 _I 53 iManage:237695_1 Botanical Name Common Name Acer saccharinum Silver maple Acer negundo Box elder Ailanthus altissima Tree of heaven Betula papyrifera White birch Catalpa Catalpa Elaeagnus angustifolia Russian olive Ginkgo biloba Ginkgo (Female only) Morus rubra Red mulberry Madura pomifera Osage orange Ulmus species Elm (all species) Robinia pseudoacacia Black locust Salix babylonica Weeping willow Sorbus species Ash (all species) Populus species Poplar (all species) 2. RECOMMENDED PLANT LIST a. SHADE TREES (minimum size at installation - 2 ~ inch caliper) Botanical Name Common Name Acer pseudoplatanus Sycamore maple Acer x freemani Autumn blaze maple Acer rubrum Red maple Acer saccharum Sugar maple Aesculus hippocastanum Horse-chestnut Amelanchier x grandiflora Apple serviceberry Carpinus betulus European hornbeam 54 iManage:237695_1 Carya cordiformis Bitternut hickory Carya ovata Shagbark hickory Celtis occidentalis Common hackberry Fagus grandifolia American beech Fagus sylvatica European beech Ginkgo biloba Ginkgo (male only) Gleditsia triacanthos var. inermis Thornless honey locust Gymnocladus dioicus Kentucky coffeetree J uglans cinerea Butternut Juglans nigra Black walnut Larix decidua European larch Larix laricina American larch Liquidambar styraciflua Sweet gum Pyrus calleryana Bradford callery pear Quercus alba White oak Quercus bicolor Swamp white oak Quercus macrocarpa Burr oak Quercus robur English oak Quercus rubra Red oak Syringa amurensis Japanese tree lilac Syringa pekinensis Peking lilac Taxodium distichum Bald-cypress Tilia cordata Littleleaf linden Tilia euchlora Redmond linden Tilia tomentosa Silver linden 55 iManage:237695_1 b. EVERGREEN TREES (minimum height at installation - 5 feet) Botanical Name Common Name Picea abies Norway spruce Picea glauca White spruce Picea omorika Serbian spruce Picea pungens Colorado spruce Pinus nigra Austrian pine Pinus parviflora Japanese white pine Pinus strobes Eastern white pine Pinus sylvestris Scotch pine Pseudotsuga menziensii Douglas fir c. ORNAMENTAL TREES (minimum size at installation - 2 inch caliper or be a clump form at a minimum height of 5 feet) Botanical Name Common Name Acer ginnala Amur maple Acer campestre Hedge maple Acer miyabe Miyabi maple Acer tataricum Tartarian maple Aesculus pavia Red buckeye Alnus glutinosa European black alder Amalanchier laevis Allegheny serviceberry Amelanchier x grandiflora Apple serviceberry Amelanchier arborea Downy serviceberry Amelenchier alnifolia Saskatoon serviceberry Betula nigra River birch 56 iManage:237695_1 Betula platyphylla White birch Carpinus caroliniana American hornbeam Cercis canadensis Eastern redbud Chionanthus virginicus White fringetree Cornus kousa Kousa dogwood Crataegus crusgalli var. Cockspur hawthorn inennis Crataegusphaenopynun Washington hawthorn Magnolia x soulangiana Saucer magnolia Magnolia stellata Star magnolia Malus species Flowering crabapple Ostrya virginiana American hophornbeam Phellodendron amurense American corktree Prunus americana Wild plum Prunus virginiana Common chokecherry Ptelea trifoliata Common hoptree Sophora japonica Japanese pagoda tree Syringa reticulata Japanese tree lilac d. DECIDUOUS SHRUBS (minimum height at installation - 3 feet) Botanical Name Common Name Amorpha fruticosa Indigobush amorpha Cephalanthus occidentalis Common buttonbush Clethra alnifolia Summersweet clethra Comus alba Tatarian dogwood Cornus altemifolia Pagoda dogwood 57 iManage:237695_1 Comus mas Comelian cherry dogwood Comus racemosa Gray dogwood Comus sericea Redosier dogwood Corylus americana American filbert Corylus colurna Turkish filbert Cotoneaster acutifolius Peking cotoneaster Cotoneaster divaricatus Spreading cotoneaster Cotoneaster lucidus Hedge cotoneaster Cotoneaster multiflorus Many flowered cotoneaster Euonymous alatus Burning bush Forsythia x intermedia Border forsythia Forsythia viridissima Greenstem forsythia Hamamelis vernalis Vernal witchhazel Hamamelis virginiana Common witchhaze Hydrangea paniculata Panical hydrangea Ilex vertic illata Common winterberry Physocarpus opulifolius Common ninebark Rhus glabra Smooth sumac Rhus typhina Staghorn sumac Sambucus canadensis Elderberry Syringa spp. Lilac Tamarix ramosissima Five stamen tamarix Viburnum dentatum Arrowwood viburnum Viburnum lantana Wayfaringtree viburnum 58 iManage:237695 _I Viburnum lentago Nannyberry viburnum Viburnum opulus European cranberry viburnum Viburnum prunifolium Blackhaw viburnum Viburnum trilobum American cranberry viburnum Viburnum x burkwoodii Burkwood viburnum Viburnum x rhytidophylloides Lantanaphyllum viburnum Weigela florida Old fashioned weigela e. EVERGREEN SHRUBS (minimum height at installation - 5 feet) Botanical Name Common Name Juniperus species Upright juniper Juniperus Virginiana Eastern red-cedar Thuja occidentalis Arborvitae T suga canadensis Canadian hemlock f. SMALL DECIDUOUS SHRUBS (minimum height at installation - 24 inches) Botanical Name Common Name Amelanchier stolonifera Running serviceberry Aronia melonocarpa Black chokeberry Aronia arbutifolia Red chokeberry Berberis thunbergii Japanese barberry Berberis x mentorensis Mentor barberry Ceonothus americanus New Jersey tea Cotoneaster apiculata Cranberry cotoneaster Cotoneaster adpressus Creeping cotoneaster Cotoneaster horizonalis Rockspray cotoneaster 59 iManage:237695_1 Forsythia viridis sima Greenstem forsythia Hamamelis vemalis Vernal witchhazel Hamamelis virginiana Common witchhazel Hydrangea species Hydrangea Hypericum species S1. John's wort Hex verticillata Common winterberry Myrica pennsylvanica Bayberry Ribes alpinum Alpine currant Rhus aromatica Gro low sumac Rosa species Rose Stephanandra incisa Cutleaf stephanandra Syringa meyeri Meyer lilac Syringa patula Miss kim lilac Viburnum species Viburnum shrubs Weigela florida Old fashioned weigela g. SMALL EVERGREEN SHRUBS (minimum height at installation - 24 inches Botanical Name Common Name Buxus koreana x sempervirens Boxwood Buxus sempervirens Common boxwood Buxus microphylla Littleleaf boxwood Juniperus chinensis Chinese juniper Juniperus horizontalis Creeping juniper Juniperus procumbens J apgarden juniper Pinus mugo var. mugo Mugo Pine 60 iManage:237695 _1 Rhododendron species Taxus x media Rhododendron Dense yew h. PERENNIAL PLANTS Botanical Name Common Name Astilbe species Perennial false spiraea varieties Chrysanthemum species Garden mum and daisy varieties Coreopsis species Tickseed varieties Dicentra species Bleeding heart varieties Echinacea species Coneflower varieties Hemerocallis species Daylily varieties Heuchera species Coral bells varieties Hosta species Plantain lily varieties Iris species Iris varieties Peonia species Peony varieties Rudbeckia species Coneflower varieties 1. GROUNDCOVER PLANTS Botanical Name Common Name Ajuga reptans Ajuga Arctostaphylos uva-ursi Bearberry or kinnikinnick Asarum europaeum Wild ginger Bergenia cordifolia Pigsqueak or heart-Ieafbergenia Carex morrowii Ice dance Japanese sedge Clematis species Clematis Euonymous fortunei Japanese winter creeper 61 iManage:237695_1 Hedera helix English ivy Helleborus orientalis Lenten-rose Heuchera species Coralbells Hydrangea anomola ssp. petiolaris Climbing hydrangea Iberis sempervirens Candytuft Juniper communis var. repanda Creeping juniper Juniper procumbens Dwarf japanese garden juniper Liriope spicata Creeping lily-turf "- Mahonia repens Creeping mahonia Microbiota decussate Siberian cypress Pachysandra procumbens Allegheny pachysandra Pachysandra terminal is Japanese pachysandra Parthenocissus quinquefolia Virginia creeper Parthenocissus tricuspidata Boston ivy Paxistima canbyi Cliff-green Polygonum reynoutria Fleeceflower Polystichum acrostichoides Christmas fern Sedum species Sedum Thymus serpyllum Creeping thyme Vinca minor Common periwinkle Waldsteinia ternata Barren strawberry D. Maintenance Of Plant Materials: The owner of the premises shall be responsible for the maintenance, repair and replacement of all landscaping materials and barriers, including refuse disposal areas, walls, fences, etc., as may be required by the village. When any existing landscaping materials are removed from a nonsingle-family residential property, the removed materials must be 62 iManage:23 7695_1 replaced in similar kind and quantity. A means of irrigating plant material shall be provided. Installation of an automatic underground sprinkling system is required. E. Planting Beds: Planting beds shall be mulched in their entirety with shredded bark or other similar material. F. Walls And Fences: Plant materials shall be placed intermittently against long expanses of building walls, fences and other barriers to create a softening effect. G. Detention/Retention Basins And Ponds: Detention/retention basins and pond areas shall be planted. Such plantings shall include shade and ornamental trees, evergreens, shrubbery, hedges and/or other live planting materials. Plants must be able to tolerate wet conditions if planted within the basin. H. Energy Conservation: 1. Deciduous trees, shrubs and vines should dominate the south and west sides of buildings and plaza areas to provide shade during the summer and limited shade during winter. 2. Evergreens and other plant materials should be concentrated on the north side of buildings in a manner which dissipates the effect of winter winds. I. Berming: Earthen berms and existing topography shall, wherever practical, be incorporated into the landscape treatment of a site. Such berms must meet the requirements specified in chapter 16, article VII of this code. J. Topography: Where natural, existing topographic patterns contribute to the beauty and utility of a development, they shall be preserved and developed. Modification of topography may be allowed where it contributes to the aesthetic quality of the site. K. Protection Of Plant Material And/Or People: In locations where plant material and/or people will be susceptible to injury, install appropriate curbs, tree guards, or other devices. L. Areas Where Plant Material Will Not Prosper: In areas where general planting will not prosper, other materials (such as fences, walls and pavings of wood, brick, stone, pea gravel, and cobbles) shall be used. Carefully selected plant material shall be combined with such materials where possible. M. Exterior Landscape Lighting: Exterior landscape lighting, when used, shall enhance the building design and the adjoining landscape. Lighting standards and fixtures shall be of a size and design compatible with the building and adjacent areas. Lighting shall be restrained in design, and excessive brightness and brilliant colors shall be avoided. Utility services shall be underground and light fixtures and levels shall comply with the Village's lighting requirements (Sec. 14.314 of this Code). 63 N. Amenities: In commercial/industrial areas the following, where appropriate, shall be provided: seating areas; paved areas; plant enclosures; benches; waste receptacles; lights; etc. O. Service Yard Screening: Service yards, loading docks and other places that tend to be unsightly shall be screened. Screening shall be equally effective at all times of the year. P. Innovative Landscaping: Innovative landscaping treatments are encouraged and shall be considered as a positive attribute in connection with any request for a variation from the requirements of this code. SECTION 77: Section 14.2306, "Parking Lot Landscaping", of Article 23, Landscape Requirements, of the Mount Prospect Village Code, shall be amended as follows: A. The text of Sub-subsection 2, "Planting Areas", of Subsection B, "Interior Plantings", shall be deleted in its entirety and replaced with the following: 2. Planting Areas: a. A planting island of at least one hundred twenty (120) square feet in area, and at least seven feet (7') in width, as measured back of curb to back of curb shall be provided for every seventeen (17) parking spaces. A planting island shall be required at the end of each row of parking stalls. B. The text of Sub-subsection b, of Subsection 3, "Planting Materials", shall be amended by inserting the following sentence: "One shade tree shall be provided for every one hundred twenty (120) square feet of area in a landscape planting island", to be and read as follows: " One shade tree shall be provided for every one hundred twenty (120) square feet of area in a landscape planting island. There shall be at least fifty percent (50%) live coverage. SECTION 78: Subsection A, "Setback", of Section 14.2307, "Foundation Landscaping", of Article 23, Landscape Requirements, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: A. Setback: A landscaping area a minimum of ten feet (10') in width shall be located provided when possible around the perimeter of all buildings; decorative, year-round planter boxes and pots may be an acceptable alternative subject to approval of the community development director. SECTION 79: Section 14.2308, "Perimeter Landscaping", of Article 23, Landscape Requirements, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.2308: PERIMETER LANDSCAPING: A. Applicability: All nonresidential and multiple-family developments shall provide perimeter landscaping in accordance with the provisions of this article. iManage:237695_1 64 iManage:23 7695_1 When a parking lot is located on the perimeter, the requirements of section 14.2306 of this chapter, parking lot landscaping, shall be adhered to. B. Nonresidential Property Abutting Nonresidential Property: Where nonresidential property abuts property zoned for nonresidential use, landscaping shall be provided as follows: 1. Shade trees shall be provided at the equivalent of seventy five feet (75') apart along the abutting property line. Such trees may be clustered or spaced linearly as determined appropriate. 2. Other landscaping materials, including berms, ornamental trees, evergreens, shrubbery, hedges, and/or other live planting materials shall be provided at appropriate locations along the abutting property line. 3. Except where occupied by planting beds, all perimeter landscaping areas shall use salt hardy materials. C. Nonresidential Property Abutting Residential Property: Where nonresidential property abuts property zoned for residential use, landscaping shall be provided as follows: 1. In addition to the required fencing, landscaping shall consist of berms, trees, evergreens, shrubbery, hedges, and/or other live planting materials. 2. Shade trees shall be provided at the equivalent of not more than seventy five feet (75') apart along the abutting property line. Such trees may be clustered or spaced linearly as determined appropriate. 3. Except where occupied by planting beds, all perimeter landscaping areas shall use salt hardy materials. D. Multiple-Family Residential Property: Where multiple-family residential property abuts other property, landscaping shall be provided as follows: 1. Shade trees shall be provided at the equivalent of not more than seventy five feet (75') apart along the abutting property line. Such trees may be clustered or spaced linearly as appropriate. 2. Other landscaping materials, including berms, if possible, ornamental trees, evergreens, shrubbery, hedges, and/or other live planting materials shall be provided at intermittent locations across fifty percent (50%) of the abutting property line. Shrubs shall be placed in clusters containing seven (7) to nine (9) per cluster, spaced at intervals of approximately thirty five feet (35') along the abutting property line. 3. Except where occupied by planting beds, all perimeter landscaping areas shall use salt hardy materials. 65 E. Screening Of Refuse Disposal Areas: All refuse disposal areas shall be screened on all four (4) sides by a solid wood fence or an equivalent screening material to a height of six feet (6') or height of proposed refuse disposal containers, whichever is greater. F. Screening of Ground Based Utilities: All ground based utility boxes, transformers, generators, or similar structures under six (6) feet in height shall be screened from view utilizing landscaping which will grow to the height of the ground based utility. Ground based utilities in excess of six (6) feet in height shall be screened via means of an enclosure which matches materials used on the primary building on the lot and appropriate landscape materials to screen the enclosure. SECTION 80: Section 14.2309, "Tree Preservation", of Article 23, Landscape Requirements, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: A. The second sentence of Sub-subsection (1) of Subsection A, "Tree Removal Procedure", shall be deleted and replaced with the following: "This section does not apply to tree removal by individual homeowners on a single private property. B. The word "ash" shall be deleted from sub-subsection (6)(t) of Subsection (B), Protection Of Existing Trees, the remaining tree types to be relettered alphabetically. SECTION 81: Section 14.2401, "Purpose", of Article 24, Definitions, of the Mount Prospect Village Code, shall be amended as follows: A. In the definition of Daycare Home, the number "eight (8)" shall be deleted and replaced with the number "twelve (12"), to be and read as follows: DA YCARE HOME: A family home which receives more than three (3) and up to a maximum of twelve (12) children for less than twenty four (24) hours per day, provided the mix of the children's ages does not require an assistant pursuant to the Illinois department of children and family services' licensing standards for daycare homes. The maximum of twelve (12) children includes the family's natural, foster or adopted children and all other persons under the age of twelve (12). Daycare homes shall meet all applicable village, county and state regulations. B. The definition of "Density (Gross)" shall be deleted in its entirety. C. The definition of "density" shall be inserted alphabetically to read as follows: DENSITY: The number of dwelling units permitted per acre of land excluding land area occupies by public or private streets. D. The definition of "Floor Area Gross" shall be deleted in its entirety and replaced with the following: iManage:237695_1 66 FLOOR AREA: The sum of the gross horizontal area of all floors of a building, including principal and accessory structures and storage areas as measured from the exterior walls. Floor area shall exclude: A. Areas used for storage of building, mechanical and HV AC equipment; B. Interior loading docks; and C. Basements in single-family dwellings. E. The word "living" shall be deleted from the definition of "Floor Area Radio (FAR)", to be and read as follows: "FLOOR AREA RATIO (FAR): Determined by dividing the number of square feet of gross floor area of space in all buildings on a lot by the square feet of area of that lot." F. The definition of "gazebo" shall be inserted alphabetically to be and read as follows: "GAZEBO: A freestanding roofed structure that is at least twenty-five percent (25%) open-sided and is designed for recreational use." G. The definition of "greenhouse" shall be inserted alphabetically to be and read as follows: "GREENHOUSE: A structure constructed primarily of glass or other translucent material which is devoted to the protection or cultivation of flowers or other plants." H. The definition of "Park, Community", shall be inserted alphabetically to be and read as follows: "PARK, COMMUNITY: A park by size, program, and location which provides space and recreation activities for a defined service area or a significant geographic segment of the community. Such facilities may provide both outdoor and indoor recreational areas including open space, athletic fields, public pools, community centers, recreational centers, or similar uses and their related off-street parking facilities." I. The definition of "Park, Neighborhood", shall be inserted alphabetically to be and read as follows: PARK, NEIGHBORHOOD: A park by size, program, and location which provides space and recreation activities for residents and businesses located within a one mile radius. Such facilities shall be limited to primarily outdoor recreation areas including open space, athletic fields, tot lots, public pools, or similar uses. J. The definition of "Senior Housing", shall be inserted alphabetically to be and read as follows: SENIOR HOUSING: Housing in which all dwelling units are intended, designed, maintained, and operated exclusively for occupancy by persons sixty-two (62) years of age or older. iManage:237695_1 67 K. The definition of "Shed", shall be deleted in its entirety and replaced with the following: SHED: small accessory building, whether or not placed on a permanent foundation, that is designed to store household items and equipment necessary to maintain and upkeep the primary structure and the property that it is located upon. L. The definition of "Solar Energy Conversion System", shall be inserted alphabetically to be and read as follows: SOLAR ENERGY CONVERSION SYSTEM: A solar photovoltaic device that converts solar energy into electricity or mechanical energy that can be used to power machinery, appliances, or generators. M. The definition of "Tavern/Lounge", shall be deleted in its entirety and replaced with the following: TAVERN: For purposes of the zoning ordinance only, a tavern is a building or portion ofa building where alcoholic beverages are sold to be consumed on the premises. Such facilities would not include restaurants where the principal business is serving food. N. The definition of "Wind Energy Conversion System", shall be inserted alphabetically to be and read as follows: WIND ENERGY CONVERSION SYSTEM: An apparatus for converting the energy available in the wind to electricity or mechanical energy that can be used to power machinery appliances, or generators. SECTION 82: 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 ,2009. Irvana K. Wilks, Mayor ATTEST: M. Lisa Angell, Village Clerk H:\CLKO\WIN\ORDINANCE2\Chapter 14 - Zoning Code (2).DOC iManage:237695_1 68 MOUNT PROSPECT POLICE DEPARTMENT FORMAL MEMORANDUM CHF 09-102 CONlROL NUMBER FROM: MICHAEL JANONIS, VILLAGE MANAGER JOHN K. DAHLBERG, CHIEF OF POLlC TO: SUBJECT: INTERGOVERNMENTAL AGREEMENT ALIJ WI SE OF TH MOUNT PROSPECT POLICE DEPARTMENT FIRING RANGE B INVERNESS POLICE DEPARTMENT DATE: JULY 17, 2009 In March of this year, the newly appointed Chief of Police for the Village of Inverness, Illinois, Robert Haas, approached me and requested the use of the Mount Prospect Police Department firearms range for a period of time not to exceed 18 months while he and his newly formed staff attempted to secure the use of a firearms range on a more permanent basis. I fully supported this request and after discussing same with you, a decision was made to seek the approval of the Village Board to enter into an intergovernmental agreement with the Village of Inverness to allow same. In May of 2009, the Village of Inverness, Illinois, began providing police services to its residents with its own fully constituted police department. Retired Mount Prospect Police Commander Ted Adamczyk, (Retired March 2009) who supervised our firearms and range programs, is now employed as a sergeant with the Inverness Police Department. Sergeant Adamczyk is responsible for the firearms training of the eleven sworn members of the Inverness Police Department. Sergeant Adamczyk is very familiar with our firing range systems and use protocols. All ammunition and targets required by the Inverness officers is being supplied by the Inverness Police Department. No Mount Prospect Police Department ammunition or target assets are accessible to Sergeant Adamczyk or other members of the Inverness Police Department, as they are stored in locked cabinets. Given the small number of Inverness officers, the impact of their use of our firing range on the firing range cleaning schedule is expected to be minimal. The attached intergovernmental agreement sets forth the terms and conditions for use of the Mount Prospect Police Department firing range by members of the Inverness, Illinois Police Department. I continue to support the use of our firing range by the Village of Inverness Police Department. Chief Haas has expressed his thanks to me for the Village's consideration of his request. Please feel free to contact me if you have any questions or need additional information. JKD:dr Attachment Page 1 of 1 RESOLUTION NO. A RESOLUTION AUTHORIZING THE VILLAGE OF MOUNT PROSPECT TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE VILLAGE OF INVERNESS. ILLINOIS 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, Article VII, Section 10 of Illinois Constitution of 1970 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 Inverness agree that it would be in the best interests of the Villages and their citizens to permit Inverness to use the Firing Range for target practice by Inverness police officers. 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 which is attached to 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: ABSENT: PASSED and APPROVED this day of July, 2009. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H: \CLKO\WIN\RESOLUTI ON\Resolution for I ntergovernmenta I Agreementpolicefiringrangeinvernessju ly2009 .doc F "INTERGOVERNMENTAL AGREEMENT CONCERNING USE OF THE MOUNT PROSPECT POLICE DEPARTMENT FIRING RANGE BY INVERNESS POLICE OFFICERS THIS AGREEMENT is entered into by and between the VILLAGE OF MOUNT PROSPECT, an Illinois home rule municipal corporation (hereinafter referred to as "Mount Prospect") and the VILLAGE OF INVERNESS, a home rule municipal corporation (hereinafter referred to as the "Inverness") (collectively the "Village's" or individually the "Village"). WIT N E SSE T H: WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 authorizes units of local government, including municipalities, to contract to exercise, combine or transfer any power or function not prohibited to them by law or ordinance; and WHEREAS, the Intergovernmental Cooperation Act (5 ILCS 220/1 et seQ.) authorizes units of local government to exercise jointly with any public agency of the State, including other units of local government and any agency of the State of Illinois or the United States, any power, privilege or authority which may be exercised by a unit of local government individually, and to enter into contracts for the performance of governmental services, activities and undertakings; and WHEREAS, Mount Prospect currently owns and operates a facility for target practicing with firearms, which facility is located at the Mount Prospect Fire Station #12, 1601 West Golf Road, Mount Prospect, Illinois 60056 (the "Firing Range"); and WHEREAS, the Villages agree that it would be in the best interests of the Villages and their citizens to permit Inverness to use the Firing Range for target practice by Inverness police officers. NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants and promises herein contained, the sufficiency of which is acknowledged to be adequate, the VILLAGES agree as follows: Section 1: Purpose: Mount Prospect agrees to allow Inverness to utilize the Firing Range for target practice, so long as such use complies with the terms of this Agreement and does not interfere with Mount Prospect's use of the Firing Range, as determined solely by Mount Prospect. Section 2: Mount Prospect Responsibilities: A. The Range Program Supervisor (the "Mount Prospect liaison Officer") is hereby designated to act as the primary contact with the individual designated by the Inverness Police Department (the "Inverness Liaison Officer") and shall be 2366691vl 1 responsible for making any necessary arrangements to reserve the Firing Range for Inverness' use. An alternate may be designated upon prior notice to the Inverness Liaison Officer or Police Chief by telephone or email. B. Mount Prospect's Police Chief may adopt such rules and regulations, as he/she deems necessary to assure the safe use and operation of the Firing Range by Inverness and to avoid conflicts between such use and use by the Mount Prospect Police Department. Use by the Mount Prospect Police Department shall at all times have the priority over Inverness' use. Section 3: Inverness Responsibilities: A. Inverness shall designate the Inverness Liaison Officer, as described in Section 2. An alternate may similarly be designated as provided therein. B. Inverness shall comply with any and all Firing Range rules or regulations adopted by the Mount Prospect Police Department, a copy of which shall be provided to Inverness upon execution of this Agreement. Inverness shall also comply with any other rules or regulations that the Mount Prospect Police Chief may adopt in regards to such use by Inverness, including the use of the Mount Prospect Police Department facility that houses the Firing Range. C. Inverness shall assure, after each use, the return of the Firing Range to the same condition as it was received. D. Inverness shall be responsible for any costs associated with repairing the Firing Range as a result of damages caused by Inverness police officers, normal wear and tear accepted. E. The Inverness Liaison Officer shall notify the Mount Prospect Liaison Officer in advance to reserve the Firing Range for Inverness police officers. F. Inverness shall assure the safe use of the Firing Range, including the use of firearms, by Inverness police officers, including providing supervisors to monitor such use. G. Inverness shall be responsible for any and all costs associated with its police officers use of the Firing Range, including salaries, benefits, workers compensation, uniforms, ammunition, etc. Section 4: Cost: Inverness' use of the Firing Range shall be at no charge, except to the extent of damages as addressed in Section 3 above. Section 5: Indemnification and Hold Harmless Provision. Inverness agrees to accept the conditions of the Firing Range, including its air quality. To the extent permitted by 2366691vl 2 law, the Village of Inverness agrees to protect, indemnify, save and hold forever harmless the Village of Mount Prospect and/or its officers, appointed and elected officials, Mayor, Trustees, employees and agents from and against all claims, actions and causes of actions of any kind, all liabilities, obligations, damages, judgments and expenses, including, but not limited to any claims, actions and causes of actions for accidents, injuries to or death of persons, workers compensation claims, or loss of or damage to property of any kind, insurance deductibles and attorneys' fees and litigation expenses, that may directly or indirectly arise from or relate to any matter covered by this Agreement, including but not limited to, the use of the Firing Range and handling of firearms by Inverness police officers, that the Village of Mount Prospect and/or its officers, appointed and elected officials, President, Trustees, employees and agents may incur, suffer or sustain, or become obligated for as a result of any act or omission by the Village of Inverness acting pursuant to this Agreement. Section 6: Cooperation. The VILLAGES agree to work in good faith to mutually resolve any problems occurring or arising out of the performance of this Agreement. The VILLAGES agree to do all things reasonably necessary or appropriate to carry out the terms, provisions and objectives of this Agreement. Section 7: Term. The term of this Agreement shall be for one (1) calendar year, to commence on the Effective Date of the Agreement. The Agreement shall renew automatically, on the anniversary of the Effective Date, as hereinafter defined, without any further action by any VILLAGE, for successive one (1) year terms, unless terminated. Section 8: Termination: Either VILLAGE may terminate this Agreement for any reason or no reason at all by giving the other VILLAGE at least thirty (30) days advance written notice. The indemnification obligations set forth in Section 5 above shall survive the termination of this Agreement for any causes of action or claims arising out of or relating to acts or omissions of either Party performing under this Agreement while it is in full force and effect. Section 9: Notice. Unless otherwise provided, notice or other writings which any VILLAGE is required to, or may wish to, serve upon any other VILLAGE in connection with this Agreement shall be in writing and shall be delivered personally or sent by (1) messenger delivery, (2) express mail delivered by a courier or (3) registered or certified mail, return receipt requested, postage prepaid. Notices sent by courier or personal delivery shall be deemed given the date of actual receipt by the recipient. Notices sent by express mail or certified or registered mail, postage prepaid, return receipt requested, shall be deemed given on the date of receipt. The addresses and contact information for each VILLAGE are as follows: 2366691vl 3 VILLAGE OF MOUNT PROSPECT Police Chief Mount Prospect Police Department 112 East Northwest Highway Mount Prospect, Illinois 60056 VILLAGE OF INVERNESS Police Chief Inverness Police Department 1415 Baldwin Road Inverness, Illinois 60067 Section 10: Entire Aareement. This Agreement constitutes the entire understanding between the VILLAGES with respect to the subject matter contained herein, and supersedes any and all prior understandings and/or agreements between the VILLAGES, whether written, oral, or otherwise. Any and all representations, agreements, promises and/or understandings not expressly set forth herein are hereby null, void, and of no legal effect. Any amendment to the terms of this Agreement must be in writing and approved by the VILLAGES. Section 11: Severability. The terms, conditions, and provisions of this Agreement shall be severable, and if any term, condition, or provision is found to be unenforceable for any reason whatsoever, the remaining terms, conditions, and provisions shall remain in full force and effect, unless the Agreem~nt can no longer be performed by the VILLAGES. Section 12: Venue and Applicable Law. All questions of interpretation, construction, enforcement and all controversies with respect to the Agreement shall be governed by the applicable constitutional, statutory and common law of the State of Illinois. The VILLAGES agree that for the purpose of any litigation relative to this Agreement and its enforcement, venue shall be in the Circuit Court of Cook County, Illinois and the VILLAGES consent to the in personam jurisdiction of said Court for any such action or proceeding. Section 13: Counterparts. This Agreement may be signed in counterparts, and each of such fully executed counterparts shall be deemed an original of this Agreement. Section 14: Effective Date: The Effective Date of this Agreement shall be the date last signed by MOUNT PROSPECT. SIGNATURE PAGE TO FOLLOW: IN WITNESS WHEREOF, the respective Corporate Authorities of the below-listed municipalities, pursuant to authority granted by the adoption of Resolutions have caused this Agreement to be executed by their respective President/Mayor and attested by their respective Clerk. 236669IvI 4 Village of Mount Prospect an Illinois municipal corporation Village of Inverness, an Illinois municipal corporation, By: By: Irvana K. Wilks, Mayor Village President/Mayor ATTEST: ATTEST: M. Lisa Angell, Village Clerk Village Clerk H:\CLKO\WIN\agrmts\lntergovernmental Agreement - use of firing range (2)july2009.DOC 2366691vl 5 Mount Prospect INTEROFFICE MEMORANDUM Village of Mount Prospect Mount Prospect, Illinois FROM: DIRECTOR OF FINANCE ~. M1f.p t) JZo.lo, TO: VILLAGE BOARD AND FINANCE COMMISSION DATE: JULY 16, 2009 SUBJECT: PROPOSED CIP: 2010-2014 Attached hereto is the proposed 2010-2014 Capital Improvements Plan (CIP). The proj s being considered for the year 2010 total $7,796,127. The five-year total for all proj s is $44,964,515. We encourage you to read the Manager's transmittal letter beginning on page ii. This correspondence describes the purpose of the CIP, highlights some of the more significant projects, and reviews project funding. To help you evaluate our ability to fund the requested projects a five-year financial forecast is provided for the major operating and capital project funds that support funding for the CIP. These forecasts can be found in Section H of the document. In general, the projects being presented directly relate to the monies expected to be available. However, from reviewing the CIP requests in conjunction with the five-year financial forecasts I would like to direct your attention to several project areas. General Fund The CIP is showing the five-year average of projects being paid from General Fund revenues as $398,000 (A-1 0). This is typical of the amount of capital projects funded by the General Fund on an annual basis. I would like to point out the five-year financial forecast for the General Fund. This forecast is showing an operating deficit in 2010 of $1.2 million with annual deficits increasing each subsequent year through 2014 ($4,242,317). See the complete five-year forecast for the General Fund beginning on page H-1. Motor Fuel Tax Fund (MFT) Receipts from motor fuel taxes beginning in 2010 are expected to grow by just 1 % through 2014. Due to this low level of growth in revenue, the street resurfacing program for 2010 was scaled back. The program for the current year (2009) has also been scaled back to the level of available funds. The street improvement budget for 2011-2014 still reflect full program costs. These project years will also need to be scaled back if revenues cannot support the higher levels. Proposed CIP July 16, 2009 Page 2 of 3 Capital Improvement Fund The Capital Improvement Fund is meant to support intermediate sized capital expenditures for various departments that are non-recurring in nature. Some examples of these projects are Detention Pond Improvements, PW Emergency Generator and Video Conferencing between the three fire stations. From 2002 through 2007 approximately $3.7 million in projects were deferred due to discontinuing the General Fund transfer. In 2007, the Village Board approved a permanent funding source for these mid-sized capital projects. An additional ~ percent home rule sales tax was implemented beginning January 2008 that was to generate approximately $1.3 million annually. Actual receipts have been closer to $1.2 million. A portion of the revenue will be allocated towards building up the fund balance for the Capital Improvement Fund and the Village's two Parking Funds. Approximately $1.0 million annually will be available for capital projects. Projects included in the five-year plan after 2011 will need to be further prioritized with some deferrals to bring the total annual amount down to what can be supported with current revenue streams. Street Improvement Construction Fund Proiects The forecast for the Street Improvement Fund (H-11) is showing a positive fund balance of $762,862 at the end of 2009, but the fund balance will become a deficit by the end of 2011 due to slowing revenues. Revenue to support the program comes from the state and local motor fuel tax and ~ percent home rule sales tax. Each of these revenue sources is expected to either show minimal or no growth over the next year resulting in fewer funds available to fund the street program. Adjustments to the amount of work planned each year will be necessary if these revenue sources do not rebound during 2010. Flood Control Construction Fund Proiects Major projects in this fund have been deferred until 2012 or later until funding from the home rule sales tax becomes available. Prospect Meadows storm sewer and ditch improvements ($1,000,000) is scheduled for 2012-2013. In addition, several other major projects have been deferred beyond the 5-year plan. These projects include the McDonald Creek bank stabilization, Hatlen Heights storm sewer and Feehanville and Higgins creek stabilization with a combine price tag of $7.1 million. Water and Sewer Fund There are several large capital projects included in the CIP for 2010-2014. The first is the ongoing Combined Sewer Improvement project started in 2005. The total cost for the project was originally estimated at $15 million and expected to take 10 years to complete. Funding for this project comes from a $5 per month sewer construction fee and basic sewer usage fee. Based on early results, the overall costs may come in lower than originally estimated and completion could occur before the planned 10 years. Other major projects include ongoing sewer and water main replacements/rehab averaging $844,000 per year and water tank rehab totaling $1.8 million. The cash and investment balance is projected to remain relatively level over the five-year period and end 2014 with approximately $4.7 million. 1:\CIP\2010-2014\2010-2014 CIP - Board Memo Updated July 2009.doc Proposed CIP July 16, 2009 Page 3 of 3 Fundina to be Determined The CIP is showing two projects where funding has yet to be determined. These projects include the Ash Removal and Ash Replacement programs expected to cost $2.25 million over a ten-year period. Both projects are slated to begin in 2010. Meetings to review the CIP were held on June 25 with the Finance Commission and on July 14 with the Village Board. Staff was on hand at both meetings to discuss project submittals and answer questions from the Commission and Board members. No changes were made to the proposed document as a result of the two meetings. It is important to note that although a project is included in the final CIP document, it does not guarantee funding and completion. Only if sufficient funds are available will a project be included in the annual budget. Funding decisions will not be finalized until later this year. d~a~ David O. Erb Director of Finance Copy: Michael E. Janonis, Village Manager Dave Strahl, Assistant Village Manager Lynn Jarog, Deputy Finance Director Department Directors 1:\CIP\2010-2014\2010-2014 CIP - Board Memo Updated July 2009.doc VILLAGE OF MOUNT PROSPECT, ILLINOIS CAPITAL IMPROVEMENTS PLAN PROPOSED 2010 - 2014 July 2009 VILLAGE OF MOUNT PROSPECT, ILLINOIS 2010 - 2014 CAPITAL IMPROVEMENT PLAN VILLAGE OFFICIALS MAYOR Irvana K. Wilks TRUSTEES Paul Wm. Hoefert Arlene A. Juracek A. John Korn John 1. Matuszak Steven S. Polit Michael A. Zadel ADMINISTRATION Michael E. Janonis Village Manager Finance Director/Treasurer Community Development Director Human Services Director David 0. Erb William J. Cooney, Jr. Nancy M. Morgan John K. Dahlberg Michael 1. Figolah Glen R. Andler M. Lisa Angell Chief of Police Fire Chief Public Works Director Village Clerk MAYOR Irvana K. Wilks Mount Prospect VILLAGE MANAGER Michael E. Janonis TRUSTEES Paul Wm. Hoefert Arlene A. Juracek A. John Korn John J. Matuszak Steven S. Polit Michael A. Zadel ~ VILLAGE CLERK M. Lisa AngeIl Phone: 847/392-6000 Fax: 847/392-6022 www.mountprospect.org Village of Mount Prospect 50 South Emerson Street, Mount Prospect, Illinois 60056 June 5, 2009 The Honorable Irvana K. Wilks, Village President, Board of Trustees; Finance Commission Members, and Residents of the Village of Mount Prospect I am very pleased to forward to you a copy of the 2010-2014 Capital Improvements Plan (CIP) of the Village of Mount Prospect. This is the Village's thirteenth CIP. The CIP gives us a clear, comprehensive view of our long- term capital needs and a firm basis from which to begin the preparation of the next year's operating budget. The total cost for all proposed projects in the 2010-2014 CIP is $44,964,515. The Concept of a CIP The CIP is our plan for capital expenditures/projects over the upcoming five years. We have defined capital expenditures/projects, in general, as the purchase or construction of long-lived, high-cost, tangible assets. For our purposes, "long-lived" implies a useful life in excess of one year. "High-cost" means that the project amounts to at least $25,000. "Tangible" assets exclude contractual services except those that are necessary for putting a tangible asset into service. The guidelines for capital expenditures/projects have been relaxed in certain instances so as to include certain items in the CIP that otherwise would not meet our basic definition of a capital item. For the first instance, departments were asked to state any need for an addition to the Village's vehicle fleet as a CIP project request even if the cost of the vehicle concerned would be less than $25,000. We have used this convention because the purchase ofa vehicle represents a substantial commitment on the part of the Village. Once a vehicle is recognized as an operational need, lease payments to the Vehicle Replacement Fund (internal service fund charges) become necessary in the budget programs of the operating departments so as to provide for the replacement of the vehicle. In other words, we start programming the financial means to replace a vehicle in the year following its purchase. Given the continuing financial implications of adding a vehicle to the Village fleet, proposals for additions to the fleet should be closely scrutinized. The second instance of relaxation of the capital project guidelines relates to certain high-cost projects that do not necessarily give rise to a tangible asset but are related to maintaining capital assets. This has been done simply to document the other large capital-related expenses that confront us. The best example of such a project included in this CIP is Sewer Main Rehabilitation (page F-5). 11 In addition, Infonnation Technology (IT) related projects are now part of the CIP. Many of these projects have costs that fall below the $25,000 threshold, but are being included to coordinate IT purchases among the different departments. This will also ensure that additions to the computer system are picked up in computer replacement program, similar to the way replacement vehicle purchases are made using the vehicle replacement fund. A project's inclusion in the CIP does not, in and of itself, commit the Village to funding and accomplishing it. As stated above, the CIP identifies our capital needs. Available funds, taxing capacity, and debt capacity may require that some projects ultimately be deferred beyond the years in which they are initially programmed for accomplishment in the CIP. Even so, the CIP will have served its purpose as a planning tool. However, projects programmed for the first year of the CIP (the year 2010 in the case of this 2010-2014 document) take on special importance because they must be addressed in the next year's Village operating budget. To help understand the impact the proposed expenditure/project would have on the Village's finances, detailed five-year financial forecasts for all major operating and capital funds have been included in this document and can be found in Section H (Five-Year Financial Forecast). The Review Process The process that we have put in place to yield the CIP closely parallels what has been the Village's traditional budget process. For the 2010-2014 CIP, the operating departments submitted their project requests to the Finance Department. The Finance Department compiled the project requests. A staff review team consisting of the Village Manager, Assistant Village Manager, Finance Director, Deputy Finance Director and Administrative Analyst then meet with each of the departments to discuss the requests. The proposed CIP is then distributed to the Village Board and Finance Commission for consideration (without a commitment to funding all included projects ). The Project Requests You will note that most of the project requests included in the 2009-2013 CIP reappear in the 2010-2014 document. In some cases, a project scheduled for a particular year has been accelerated or deferred based upon the staff's reassessment of Village needs. In other cases, the cost of a project may have changed due to our obtaining more complete infonnation about it. Refinements such as these are an appropriate part of the capital projects planning process. The CIP is a working document. Our intent is to update it annually to reflect the current needs of the Village and the best infonnation available. There are a few aspects of the 2010-2014 CIP that I would like to highlight. · Street Improvement Program (page F-2). This submittal is part of the continuation of the street revitalization program approved by the Board in early 1997. The amount allocated for resurfacing has decreased from the original program spending plan. The street program is funded with a combination of MFT and Street Improvement funds. Revenue shortfalls in 2001 - 2004 had forced the Street Improvement Fund to reduce its contribution from the original plan amount. As a result, the expected completion date of the original program has been pushed backed from 2006 to 2009. Revenue shortfalls are again having an impact on the timely completion of the original program. The 2009 program was reduced by 5600,000 due to these revenue shortfalls while the budget for the 2010 program was reduced by 5750,000. Status of the original street program will be re- evaluated at the end of 2009 to detennine a revised completion date. The 2010-2014 CIP is showing a total of $14.14 million being spent on resurfacing over the five-year period. 111 · Combined Sewer Improvements (page F-3). A study of the combined sewer service area revealed significant structural deterioration of main line pipes and manholes. A combined sewer evaluation study was completed in 2004 and the results of this study were used to identify potential problems and prioritize repairs. Category 5 (immediate attention needed) defects were first addressed in 2006 and were completed in 2007. Category 4 (severe, although not as immediate) defects are expected to be addressed during 2007 - 2010. Category 3 (less immediate) defects are to be corrected during 2011 - 2013. The total amount of the project was initially estimated to be $15,000,000. Pricing during the early, most critical phases has been favorable and the total cost for the program will likely come in below original estimates. Funding for the project comes from an increase in the sewer rate and a $5.00 per month sewer construction fee. · Flood Control Program (page F-4). Over the next five years, only one large-scale flood control improvement project is anticipated. The Prospect Meadows storm sewer and ditch improvements project is scheduled to begin in 2012 and is a two-year project. Total cost to complete the work in Prospect Meadows is estimated at $1,000,000. There are several large-scale projects with costs ranging from $1.5 million to $3.7 million that are pending. Due to limited resources, these other large-scale projects have been deferred until a dedicated funding source becomes available. The dedicated funding source is a I;.! percent home rule sales tax that is currently used to support debt service issued for flood control related projects. A portion of the revenue becomes available during 2010 when several of the issues are expected to be paid off. See page F-4 for more detail on these pending projects. · Ash Tree Removals and Replacement (pages F-15 and F-16). The Emerald Ash Borer is an exotic beetle that was discovered in southeastern Michigan near Detroit in the summer of 2002. The adult beetle nibbles on ash foliage but cause little damage. The larvae (the immature stage) feed on the inner bark of ash trees, disrupting the tree's ability to transport water and nutrients. This destructive pest was first found in Illinois in June 2006, in Kane County. Since then it has been found in Wilmette, Evanston and Winnetka. In response to these announcements, the Village of Mount Prospect is attempting to minimize the impact on its tree population by establishing a systematic tree removal and replacement program for its Ash population. This ten-year program will remove and replace all Ash trees on public property. Current pricing for tree removal is $430 and for tree replacement is $224. Total estimated cost for the ten-year program (with inflation) is approximately $2.25 million. The Village Board approved a program in 2009 to begin treating Ash trees to try and prevent infestation of approximately 800 existing White, Blue and Manchurian Ash trees. These trees will not require removal/replacement. Sources of Funds The 2010-2014 CIP includes a summary of "Projects by Sources of Funds" (pages A-IO through A-12). This summary provides an overview of the potential demands upon the Village's financial resources. A few comments are warranted with regard to the "Projects by Sources of Funds" summary. To further assist the reader in understanding the affordability of the proposed projects, five-year financial forecasts are included in this document in Section H. The Village has in place a home rule sales tax to support certain capital programs and operations. Three-quarters of the I % home rule tax is allocated to capital projects. The Street Improvement, Flood Control, and Capital Improvement Funds each receive annually a I;.!% share (approximately $1.2 million). As mentioned previously, projects are placed in the 5-year capital plan based on available revenues. When home rule tax receipts fall short of projections, adjustments are made to existing budgets in these Funds and future projects are deferred until revenue becomes available. · General Fund. The General Fund is the Village's primary operating fund. The only capital projects charged to the General Fund are those to be undertaken each and every year, although the level of funding from one year to the next may vary. Projects charged directly to the General Fund include IT projects (G-3 - G-4, G-6 - G-8, G- 10 - G-12 and G-17 - G-19), sidewalk improvements (F -6 and F -9), tree planting (F -11), Turnout Gear (D-2) and IV Aerial Photogrammetry (F-24). There is typically $300,000 to $400,000 worth of projects charged to the General Fund each year. The General Fund five-year forecast (H-2) is showing a preliminary deficit of $1.2 million for 2010. It is expected that this deficit will be addressed during the budget process to bring the budget into balance. . Capital Improvement Fund. The Capital Improvement Fund is the Village's fund for "Intermediate sized" capital expenditures that are either nonrecurring or expected to end at a determinable point in the future. It is not a fund through which bond proceeds are expended. Large capital purchases would generally be made through a bond proceeds fund. Prior to 2001, the Village was able to transfer excess General Fund revenues to the Capital Improvement Fund. However, stalled revenues resulted in our having to discontinue the transfer beginning with the 2002 fiscal year. From 2002 through 2007 approximately $3.7 million in projects were deferred due to discontinuing the General Fund transfer. In 2007, the Village Board approved a permanent funding source for these mid-sized capital projects. An additional 1.1 percent home rule sales tax was implemented beginning January 2008 that will generate approximately $1.2 million annually. It is intended to allocate a portion of the revenue towards building up the fund balance for both the Capital Improvement Fund and the Village's two Parking Funds. Approximately $1.0 million is available for capital projects. Fund balance at the end of 2008 in the Capital Improvement Fund was $1.0 million, but is expected to be drawn down during 2009 due to carry-over projects. Fund balance policy states the fund balance shall be maintained at 50% of the five-year average for capital expenditures supported by this fund to a maximum of $1 million. Further prioritizing of projects is needed in 2010 and beyond to ensure the goal of fund balance stabilization is met. . Motor Fuel Tax Fund and Street Improvement Construction Fund. The street maintenance and resurfacing programs are supported primarily from these two funds. Revenue to support the programs comes primarily from the state and local motor fuel tax and 1.1 percent home rule sales tax. As mentioned earlier in this transmittal, both of these revenue sources are expected to decline (home rule sales tax) or remain flat (state motor fuel tax) over the next couple years resulting in fewer funds available for program. Adjustments to the amount of work planned in 2009 and 2010 were made due to declining revenues. . Water and Sewer Fund. There are numerous projects listed in the CIP as being funded out of the Water and Sewer Fund since they directly relate to our providing water and sanitary sewer service to customers. The 2010- 2014 CIP is showing projects valued at an average of $2.7 million per year over the next five years. The Water and Sewer Fund had a cash and investment balance of $4.2 million at the end of 2008. Our five-year financial forecast for this fund is shown on pages H-13 thru H-16. The current rate structure is sufficient to support ongoing operations as well as the capital projects proposed in the five-year plan. A great deal of staff time and effort has been invested in the development of the 2010-2014 CIP. Certainly, the investment has been a prudent one. The. CIP gives us a clear picture of the Village's capital needs for the next several years. Meetings with the Village Board and Finance Commission to discuss the Proposed CIP will provide further direction leading in the budget process for 2010. Respectfully submitted, v 2010 - 2014 CAPITAL IMPROVEMENTS PLAN Structure of the Document and the Project Request Form Conceptually, there are two ways of organizing the various project requests: by requesting department or by project type. Organization by department is most useful to the Village for management purposes. Therefore, after the summaries section of the CIP, project requests are organized by department and set off in separate sections. The summaries section begins with a recapitulation of project requests by department on page A-I. However, immediately following this recapitulation, beginning on page A-2, are several summaries by project type group. These summaries provide the alternate view of the project requests. The project type groups are: Water and Sanitary Sewer, Flood Control and related projects, Street Construction/Reconstruction and Resurfacing, Public Buildings, Computer Hardware and Software, Equipment, and Miscellaneous. In the final pages of the summaries section, pages A-I 0 through A-12, the project requests are listed by their sources of funds. Each departmental section begins with a summary of the project requests. Most of the blocks on the project request form are self-explanatory. However, some elaboration about certain blocks may be helpful. · Project Name. In this block, each project is given a short title followed by an "(E)" if it is the continuation of an established project or an "(N)" if it is a new project. Until funds are provided for a project for at least one year in the Village operating budget, the project is considered to be new. · Project Type Code. As stated above, each project or portion of a project has been assigned to a project type group. Each group has a specific project type code. These codes are detailed on page vii. Projects or portions thereof with the same project type code are presented in separate summaries on pages A-3 through A-9. · Description. This block provides a more detailed description of the project than is possible in the "Project Name" block. · 2010 Dept. Priority. Because projects for which amounts have been requested for 2010 must be considered for funding during the formulation of the 2010 Village Budget, they take on special importance. To facilitate the evaluation of these projects, the departments have prioritized them with "1" being the highest priority, "2" the next highest, and so on. The priorities have been assigned without regard to source of funds. This has been done to provide an overall picture of the relative importance of each project from the department's perspective. · Annual Dollar Impact Upon the Operating Budget. Operating expenditures may come with the purchase or construction of a capital asset. For example, annual maintenance agreements are necessary with many items of equipment. In some circumstances, the purchase of a capital asset may enable the Village to reduce operating expenditures. Information provided in this block addresses those effects. · Source of Funds. A potential source of funds has been indicated for most projects. For some projects, multiple potential sources are shown. VI 2010- 2014 CAPITAL IMPROVEMENT PLAN Project Type Codes 1. Water and Sanitary Sewer: 10 - Water System 20 - Sanitary System 2. Flood Control and Related Projects: 30 - Flood Control Projects 40 - Storm Sewer 3. Street and Related Projects: 50 - Street Construction and Reconstruction 60 - Resurfacing/Curbs & Gutters/Sidewalks 4. Public Buildings: 70 - Construction of and Improvements to Public Buildings 5. Equipment: 80 - Computer Hardware/Software 85 - Vehicles and Automotive Equipment 90 - Non-Automotive Equipment (excluding computer hardware/software) 6. Miscellaneous: 00 - Miscellaneous Vll 2010 - 2014 CAPITAL IMPROVEMENTS PLAN Equipment Replacement Guidelines Pickups/Vans 10 years Squad Cars 3 years Pool Cars 5 years Other Cars 8 years or 50,000 miles Aerials 15 years Trailers 15 years Small Dumps 12 years Special Purpose Trucks 10 years Sweepers 12 years Large Dumps 15 years Tractors 15 years Leaf Machines 15 years Other Equipment (depending upon usage) 6-20 years Computer Hardware/Software 3-5 years Vlll 2010 - 2014 CAPITAL IMPROVEMENTS PLAN (CIP) Planning Calendar CIP worksheets and instructions forwarded to department directors Completed Computer CIP worksheets returned to Finance Department Remaining CIP worksheets returned to the Finance Department Departmental meetings with Village Manager and Finance Director Complete Proposed CIP Amounts Proposed CIP distributed to Village Board and Finance Commission Proposed CIP reviewed by the Finance Commission Proposed CIP reviewed by the Board at a Committee of the Whole Acceptance of Proposed CIP by the Village Board CIP distributed IX 3/6/09 3/20/09 4/3/09 5/11/09 - 5/15/09 5/22/09 6/5/09 6/25/09 7/14/09 7/21/09 8/7/09 VILLAGE OF MOUNT PROSPECT 2010 - 2014 CAPITAL IMPROVEMENTS PLAN SUMMARY OF PROJECT REQUESTS Recapitulation by Department Department 2010 2011 2012 2013 2014 Total Administration 64,350 52,000 45,000 0 0 161,350 Community Development 110,000 310,000 310,000 310,000 310,000 1,350,000 Fire 25,000 160,000 103,000 25,000 25,000 338,000 Police 38,000 70,000 55,000 0 0 163,000 Public Works 6,672,327 7,300,128 11,200,382 8,074,116 7,855,212 41,102,165 Information Technology 886,450 455,800 460,200 41,550 6,000 1,850,000 Total 7,796,127 8,347,928 12,173,582 8,450,666 8,196,212 44,964,515 A-I