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HomeMy WebLinkAbout6. New Business 04/06/2011Village of Mount Prospect Community Development Department MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: MARCH 25, 2011 SUBJECT: PZ -1 -11 11774 W. ALGONQUIN ROAD 1 CONDITIONAL USE (PAWN SHOP)1 DAVID SO The Petitioner currently occupies 1,400 square feet of the 13,250 square foot building located at the Subject Property. He operates a resale shop known as "Cash N Gold" where previously owned merchandise is purchased and either traded or sold. The Petitioner would like to expand his business by adding the pawnbroker service. The Village Zoning Ordinance permits resale shops at the Subject Property, but requires Conditional Use approval for a pawn shop. The pawn shop aspect of the business will consist of using personal property as collateral and offer loans to customers. Customers would be able to pawn an item for a loan and purchase it back for the amount of the loan plus interest within a certain contractual period of time. If the loan is not paid back within the time period, the pawned item is put up for sale by the pawnbroker. . The Petitioner has collaborated with the Police Department to address Staffs concerns, and has agreed to the conditions of approval as listed in staff's memorandum dated March 21, 2011. Conditions of approval include interior and exterior video surveillance of the business, an extended period of retention for video images, participation in the LeadsOnline transaction reporting system, and payment of an annual $500 fee to offset the cost of the Mount Prospect Police Department's annual subscription cost to LeadsOnline. The Planning & Zoning Commission conducted a public hearing to review the request on Thursday, March 24, 2011, and by a vote of 6 -0, recommended approval of a Conditional Use for a pawn shop at 1774 W. Algonquin Road, Case No. PZ- 01 -11, subject to the conditions listed in the staff memorandum dated March 21, 2011. Details of the proceedings and items discussed during the Planning and Zoning Commission hearing are included in the attached minutes. Please forward this memorandum and attachments to the Village Board for their review and consideration at their April 6, 2011 meeting. Staff will be present to answer any questions related to this matter. William J. Cooney, Jr., AIQP Wf1%vh1hW50A"1ftnning & Zoning 1774 W. A1$mgwn Rd(CU -Pawn ShoP).do MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -01 -11 PROPERTY ADDRESS: PETITIONER: PUBLICATION DATE: PIN NUMBER: REQUEST: MEMBERS PRESENT: MEMBER ABSENT: STAFF MEMBERS PRESENT: INTERESTED PARTY: Hearing Date: March 24, 2011 1774 W. Algonquin Road David So February 9, 2011 08 -22- 201 - 007 -0000 Conditional Use for a Pawn Shop Richard Rogers, Chair William Beattie Leo Floros Theo Foggy Ronald Roberts Keith Youngquist Joseph Donnelly Consuelo Andrade, Development Review Planner Brian Simmons, Deputy Director of Community Development John Dahlberg, Chief of Police David So Chairman Rogers called the meeting to order at 7:33 p.m. Mr. Floros made a motion to approve the minutes of the February 24, 2011 meeting; Mr. Foggy seconded the motion. The minutes were approved 3 -0 with Mr. Roberts, Mr. Foggy, and Mr. Youngquist abstaining. Chairman Rogers introduced Case PZ- 01 -11, 1774 W. Algonquin Road, Conditional Use for a Pawn Shop at 7:35 p.m. Ms. Andrade said the Petitioner for PZ -01 -11 was seeking Conditional Use approval to operate a pawn shop at 1774 W. Algonquin Road. This case was heard at the February 24, 2011 Planning and Zoning Commission meeting and was continued to the current meeting to allow the Petitioner time to address the Commission's concerns and collaborate with the Police Department on a number of items. Ms. Andrade stated that the Subject Property is located two lots west of Busse Road, and includes a multi - tenant building with related improvements. The Subject Property is zoned B3 Community Shopping and is bordered to the north by the 11 Limited Industrial and B4 Corridor Commercial District, to the west by the B4 Corridor Commercial District, and to the south and east by the B3 Community Shopping District. Ms. Andrade said the Petitioner presently occupied 1,400 square feet of the 13,250 square foot building located at the Subject Property. He currently operates a resale shop known as "Cash N Gold" where previously owned merchandise is purchased and either traded or sold. The Petitioner would like to expand his business by adding the pawnbroker service. The Village Zoning Ordinance permits resale shops at the Subject Property, but required Conditional Use approval for a pawn shop. Ms. Andrade stated the pawn shop component would consist of using personal property as collateral to offer loans to customers. The Petitioner intends to keep record of transactions via a computer as well as hard copies of all Richard Rogers, Chair PZ -01 -1 I Planning & Zoning Commission Meeting March 24, 2011 Page I of 3 transactions. Additionally, the Petitioner intends to video record the establishment and keep video records on file. The current business hours would not change, which are Monday - Friday 10 a.m. -7 p.m. and Saturday 11 a.m. - 5 p. m. The business is closed on Sundays. Ms. Andrade said following the February 24, 2011 Planning and Zoning Commission meeting, the Petitioner collaborated with the Police Department to address their concerns. In the event the request is approved, the Police Department recommended that the Conditional Use be subject to the following conditions of approval: The Petitioner needs to install four (4) full -time video cameras in the interior of the store and one (1) on the exterior of the store. Video records need to be retained for a minimum of thirty (30) days and must be made available upon request. The Petitioner must provide portable panic alarms for use by employees. All transactions where items are sold or pawned need to be submitted to the Police Department. The Petitioner must fully participate in the LEADSOnline transaction reporting system and pay an annual fee of $500.00 to help offset some the costs for the Mount Prospect Police Department's annual subscription to the system. Lastly, the Petitioner must comply with all state regulations for a pawn shop. Ms. Andrade stated the standards for Conditional Uses are listed in the Zoning Ordinance and include specific findings that must be made in order to approve a Conditional Use. The following is a summary of these findings: • The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; • The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; • And adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets are provided. Ms. Andrade said Village Staff found that the Petitioner's request complied with the Conditional Use standards as the proposed use as a pawn shop would be compatible with surrounding uses on Algonquin Road and the Petitioner has collaborated with the Police Department to address their concerns. Ms. Andrade stated based on Staff's analysis, Staff recommended that the Planning & Zoning Commission approve the motion listed in the staff memo dated March 21, 2011. Chairman Rogers confirmed with Ms. Andrade that the agreement of conditions between the Police Department and the Petitioner were listed in the staff memo dated March 21, 2011. Chairman Rogers swore in David So, 936 Spring Hill Drive, Northbrook, IIlinois. Mr. So stated that his business is currently a resale shop where he buys and sells consumer goods, mainly electronics. He said some of his business is devoted to precious metals. Mr. So believed by adding the pawnbroker service would help his business grow. He stated that customers have also come into his store requesting the pawn service. Mr. So said that he has met with Police Chief John Dahlberg since the February 24, 2011 PIanning and Zoning Meeting and discussed the conditions of approval. Chairman Rogers asked the Petitioner if he received and agreed to the items presented in Staff s memorandum. Mr. So stated that he agreed to the majority of the conditions because he already had some of the items mentioned in place. Chairman Rogers said for the Petitioner to obtain a positive recommendation of approval, he would have to agree to the conditions placed by Staff and the Police Department. He stated that some of the conditions could possibly be amended in the future, but for the approval, the Petitioner would have to agree to the items listed in the Staff memo. Mr. Beattie asked if the Petitioner understood what Chairman Rogers said in regards to all the conditions. Mr. So stated that he was in compliance with a majority of conditions, but questioned the $500.00 fee for the LEADSOnline system. He was hoping to reduce this fee to $250.00. Chairman Rogers said he talked with the Police Chief before the meeting who informed him that the LEADSOnline system would cost the Village Richard Rogers, Chair PZ -01 -1 I Planning & Zoning Commission Meeting March 24, 2011 Page 2 of 3 $4,600.00. Mr. So confirmed the amount that the program would cost the Village. Chairman Rogers believed the $500.00 fee applied to the Petitioner is a small portion of the total licensing fee. He stated the main purpose of the LEADSOnline system would help the Petitioner with his operation. There was additional discussion on the fee and the program. Chairman Rogers confirmed that there would be a benefit of the LEADSOnline system to the Police Department, however, the main reason for the Police Department requesting this program was because of the subject case. Chairman Rogers swore in Police Chief John Dahlberg. Chief Dahlberg said that at the February 24, 2011 Planning and Zoning Meeting, he requested that the Planning and Zoning Commission provide a negative recommendation to the Village Board. He stated that the Commission asked that he meet with the Petitioner to see if there was any common ground in regards to the pawn broker service. Chief Dahlberg said the Petitioner was cooperative. He discussed the Illinois Pawnbrokers Regulation Act and what jurisdiction the Village would have if the Petitioner was found in violation of the aforementioned act. Chief Dahlberg said the Petitioner has made good faith efforts to meet a majority of the conditions. He discussed the LEADSOnline system and how the Petitioner and the Police Department would benefit from the program. He said that he did not budget $4,600.00 for the program and felt that by the Petitioner paying $500.00 was an appropriate amount. Chief Dahlberg clarified that the program would help the department from an investigations standpoint and that the whole amount of the program was not entirely due to the Petitioner's proposal. He discussed how other communities utilized the program and split the costs with their businesses. Chief Dahlberg believed the conditions placed by the Police Department and Staff were sufficient and they adequately safeguard the community and Police Department resources. Chairman Rogers asked if there was anyone else in the audience to address this case. Hearing none, he closed the public portion of the case at 7:55 p.m. and brought the discussion back to the board. Mr. Foggy asked what happened if the daily transactions were not downloaded each night. Mr. So said the transactions would be sent the following morning. Mr. So stated that he has already talked to LEADSOnline in regards to getting their software connected to the store's proprietary computer system. Mr. Youngquist made a motion, seconded by Mr. Beattie to approve a Conditional Use to operate a pawn shop at 1774 W. Algonquin Rd, Case No. PZ -01 -I I subject to the conditions of approval as listed in staff memo dated March 21, 2011. UPON ROLL CALL: AYES: Beattie, Floros, Foggy, Roberts, Youngquist, Rogers NAYS: None Motion was approved 6 -0. The Village Board's decision is final for this case. After hearing four cases, Mr. Floros made a motion, seconded by Mr. Foggy to adjourn at 10:37 p.m. The motion was approved by a voice vote and the meeting was adjourned. Ryan Kast, Community Development Administrative Assistant Richard Rogers, Chair PZ -01 -11 Planning & Zoning Commission Meeting March 24, 2011 Page 3 of 3 Village of Mount Prospect INMIOUM �jpoa Community Development Department MEMORANDUM TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION RICHARD ROGERS, CHAIRPERSON FROM: CONSUELO ANDRADE, DEVELOPMENT REVIEW PLANNER DATE: MARCH 21, 2011 HEARING DATE: MARCH 24, 2011 SUBJECT: PZ -01 -i I / CONDITIONAL USE (PAWN SHOP) / 1774 W. ALGONQUIN 1 DAVID SO I I.X10 (li:U11011 The following memo is intended to supplement the staff report prepared for Case# PZ- 01 -11, which appeared before the Planning and Zoning Commission on February 24, 2011, regarding the Conditional Use request for a pawn shop at 1774 W. Algonquin Road. Following the Planning and Zoning Commission hearing, the Petitioner has had additional discussions with the Police Department and has agreed to the conditions of approval as listed in Staff's recommendation below. Staff recommends that the Planning & Zoning Commission make a recommendation to the Village Board to approve the following motion: "To approve a Conditional Use to operate a pawn shop at 1774 W. Algonquin Road, Case No. PZ- 0I -11, subject to the following conditions: 1. The installation of four (4) full -time digital video cameras in the interior of the store that capture the full face of all persons entering the store or conducting transactions at the service counters within the store. Each of the four cameras is required to be on and in recording mode at all times when the store is open of business. 2. The installation of one (1) full -time digital video camera on the exterior of the store that captures the parking lot and sidewalk areas for 75 feet on either side (east of west) of the main entrance door to the store located at 1774 W. Algonquin Road. The exterior camera is required to be on and in recording mode at all times when the store is open for business. 3. Access to all video images captured from said video surveillance cameras shall be retained for a . minimum of 30 days and made available upon request to the Mount Prospect Police Department or any other duly constituted law enforcement agency of competent jurisdiction 4. The availability and use of portable "panic alarms" by all employees on duty at the store at any given time the store is open to the public. 5. Submission to the Mount Prospect Police Department, upon request, copies of any and all transactions where items were sold or pawned. The submission will contain that information made mandatory by 205 Illinois Compiled Statues 51010.01 (Pawnbroker Regulation Act) and an image of the form of identification used by every customer who sold or pawned an item of value. 6. Full participation in the LEADSOalinc, LLC, Dallas Texas resale transaction reporting system. 7. Payment of a $500.00 offset fee. Payment of the full $500.00 fee must be made no later than June I" of each calendar year or a payment of $250.00 can be made no later than June I" and a second PZ -01 -I I Supplement Planning & Zoning Commission. meeting March 24, 2011 Page 2 payment of $250.00 made no later than December I" of each calendar year to offset the cost of the Mount Prospect Police Department's annual subscription cost to LEADSOnline. Payments shall be made to the Village of Mount Prospect and remitted to the Village of Mount Prospect, 50 S. Emerson Street, Mount Prospect, Illinois 60056. 8. Strict compliance with all other affirmative duties of a pawn shop operator as set forth in the Illinois Pawnbroker Regulation Act (205 ILCS 510 /0101). 9. Failure of the conditional use holder to comply with any of the conditions set forth above or the requirements of the Illinois Pawn Broker Regulation Act will constitute case for the revocation of the conditional use and/or the business license. The Village Board's decision is final for this case. I concur: . William J. Co ncy, AICP Director of Community DeveI pment h.lp[wV1anning &=Wq w=m p&z M lWafF reponApz -01.11 1774 w. 21ganquin rd. (wpawn mop) aupplemem,dacx I AN Village of Mount Prospect`�'�'�` Community Development Department CASE SUMMARY — PZ -01 -11 LOCATION: 1774 W. AIgonquin Road PETITIONER: David So OWNER: Affiliated Realty & Management Company PARCEL #: 08 -22 -201- 007 -0000 LOT SIZE: 1.00 acres ZONING: B -3 Community Shopping LAND USE: Multi -Use Building REQUEST: Conditional Use for a Pawn. Shop LOCATION MAP 4, Village of Mount Prospect Community Development Department MEMORANDUM Mourn Pros}ex TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION RICHARD ROGERS, CHAIRPERSON FROM: CONSUELO ANDRADE, DEVELOPMENT REVIEW PLANNER DATE: FEBRUARY 11, 2011 HEARING DATE: FEBRUARY 24, 2011 SUBJECT: PZ -0 1 -11 / CONDITIONAL USE (PAWN SHOP) 11774 W. ALGONQUING / DAVID SO BACKGROUND A public hearing has been scheduled for the February 24, 2011 Planning & Zoning Commission meeting to review the application by David So (the "Petitioner ") regarding the property located at 1774 W. Algonquin Road (the "Subject Property"). The Petitioner is seeking Conditional Use approval for a pawn shop. The P &Z hearing was properly noticed in the February 9, 2011 edition of the Journal Topics Newspaper. In addition, Staff has completed the required written notice to property owners within 250 -feet and posted a Public Hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located two lots west of Busse Road, and includes a multi - tenant building with related improvements. The Subject Property is a through lot with street frontage along Algonquin and Dempster Road. The Subject Property is zoned B3 Community Shopping and is bordered to the north by the 11 Limited Industrial and B4 Corridor Commercial District, to the west by the B4 Corridor Commercial District, and to the south and east by the B3 Community Shopping District. SUMMARY OF PROPOSAL The Petitioner currently occupies 1,400 square feet of the 13,250 square foot building located at the Subject Property. He currently operates a resale shop known as "Cash N Gold" where previously owned merchandise is purchased and either traded or sold. Merchandise includes electronics, musical instruments, jewelry, cell phones, computers, sporting goods, and power tools. The business requires all customers to be at least eighteen (18) years of age and show a state identification card in order to sell or trade merchandise. The Petitioner would like to expand his business by adding the pawnbroker service. The Village Zoning Ordinance permits resale shops at the Subject Property, but requires Conditional Use approval for a pawn shop. Per the Petitioner's attached application, the pawn shop aspect of the business will consist of using personal property as collateral and offer loans to customers. Customers would be able to pawn an item for a loan and purchase it back for the amount of the loan plus interest within a certain contractual period of time. If the loan is not paid back within the time period, the pawned item is put up for sale by the pawnbroker. The Petitioner intends to use a proprietary POS system that keeps a permanent record on computer as well as hard copies of all transactions. Additionally, the Petitioner intends to video record the establishment and keep video records on file 4 PZ -01 -11 Planning & Zoning Commission Meeting February 24, 2011 Page 3 for thirty (3 0) days. The current business hours are Monday- Friday loam -7pm and Saturday l lam -5pm. The business is closed on Sundays. The Petitioner is not proposing to change the hours of operation. The attached floor plan illustrates the layout of the current business. The floor plan includes a show room, office, storage area, and bathroom. The Petitioner is not proposing any changes to the existing floor plan or exterior of the building. GENERAL ZONING COMPLIANCE The Subject Property does not comply with the B3 District's bulk requirements. The principal structure encroaches into the interior side yard along the west and east property lines. The parking lot also does not comply with the required setbacks by encroaching into the required front and side yards. Additionally, the Subject Property exceeds the maximum lot coverage permitted, which is 75% of the lot coverage. The Subject Property is considered to be legal nonconforming. The petitioner is not proposing exterior modifications to the site. The following table compares the Subject Property to the B3 District's bulk requirements: ADDITIONAL STAFF COMMENTS Police Department- The Police Department has concerns with the proposed use based on recent experiences with another pawn shop in the same general vicinity. CONDITIONAL USE STANDARDS The standards for Conditional Uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. The following list is a summary of these findings: • The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; • The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; + There is adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets; and • The proposed Conditional Use is in compliance with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. The Petitioner is currently operating a resale shop at the Subject Property, The Subject Property is located within a commercial area and includes uses such as restaurants and retail shops. The existing use as a resale shop is Building Setbacks: Front Min. 30' North (Dempster) = 30' South (Algonquin) = 57' Side Min. 10' West =1.17' East = None Parking Lot Setback Min. 10' North, West, and East =None South = I Lot Coverage Max. 75% 95% ADDITIONAL STAFF COMMENTS Police Department- The Police Department has concerns with the proposed use based on recent experiences with another pawn shop in the same general vicinity. CONDITIONAL USE STANDARDS The standards for Conditional Uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. The following list is a summary of these findings: • The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; • The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; + There is adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets; and • The proposed Conditional Use is in compliance with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. The Petitioner is currently operating a resale shop at the Subject Property, The Subject Property is located within a commercial area and includes uses such as restaurants and retail shops. The existing use as a resale shop is PZ -01 -11 Planning & Zoning Commission Meeting February 24, 2011 Page 4 compatible with surrounding uses on Algonquin Road. The Petitioner's request to add a pawnbroker service to his business will also be compatible with the commercial uses on Algonquin Road. RECOMMENDATION The proposed pawn shop meets the Conditional Use standards contained in Section 14.203.F.8 of the Zoning Ordinance, subject to the pawn shop being operated as noted in the Petitioner's application. Staff recommends that the Planning & Zoning Commission make a recommendation to the Village Board to approve the following motion: "To approve a Conditional Use to operate a pawn shop at 1774 W. Algonquin Road, Case No. PZ- 01 -11, subject to the following condition: 1. Submittal of all transactional records, including the video tapes, upon the request of the Police Department. " The Village Board's decision is final for this case. I concur: William J. Cooney, AICP, Virector of Community Development Al H:TL,AMPlann3ng d Zoa(ng COPAL. ,*22AI11SwTRWortAPZ411 -11 1774 W, Alp puin Road (CU -Pawn S").dm O 4 r VILLAGE OF MOUNT PROSPECT_�t COMMUNITY DEVELOPMENT DEPARTMENT -- Planning Division 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847.8I8.5329 Zoning Request Application 0 H Q za O � U d as JP ft '16 S0 Corporation rao cm v$1 CAGPf N Street Address 1775A Aw- 4c,r ow City State moJWT Interest in Property I elephone (day) - 73170 - Telephone (evening) Fax Zip Code Email o o —:5 Mount Prospect Department of Community Development Phony 847,818.5328 w Fax 847.818.532 50 South Emerson Street, Mount Prospect Illinois 8 ww.mountprospect.org 1 T 847.392.6064 If ierty owner , Telephone (day) z a , '0" Ke-i a a Corporation � 0 Tele hone (evening) 00i ,,... q.5 2 - o4,e J a 'e p Street Address � city State Zip Code Email Address(es) (Street Number, Street) ( ?7 Lot Area (Sq.Ft) Zoning District Total - Building S Ft. Sq. Ft. Devoted to Proposed , q• Setbacks: j Use 1 Z ndUses: Rear O Side Side ight Lot Coverage ( %) Standard Parking Spaces o ' Accessible Parking Spaces nd Uses: -. South [.4� ,East West =I� Z ex Number(s): OcY ra (attach additional sheets if necessary) ption (attach additional sheets if necessary) , Proposed Use (as listed in the zoning district) Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Standards for the Zoning Request Approval (attach additional sheets if necessary) CO /19 U ®,2 sC a S Hours of Operation R0 rv, Fl) , i O. - � �• vftrl P ` �•,� c,tr.1 , G�Lvb � Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois Phone 847.818.5328 www.mountprospect.org 2 Fax 847.818.5329 TDD 847.392.6064 1 ■ Name i N Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Standards for the Zoning Request Approval (attach additional sheets if necessary) CO /19 U ®,2 sC a S Hours of Operation R0 rv, Fl) , i O. - � �• vftrl P ` �•,� c,tr.1 , G�Lvb � Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois Phone 847.818.5328 www.mountprospect.org 2 Fax 847.818.5329 TDD 847.392.6064 1 ■ Address(es) (Street Number, Street) Piz p Lot Area (Sq.ft) Zoning District R2�� Total Building Sq. Ft. Sq. Ft. Devoted to Proposed �3 Use v, Setbacks: O rp Front t Rear Side Side Building Height Lot Coverage ( %) Standard Parking Spaces Accessible Parking Spaces Developer Name Telephone (day) Address Fax Email Attorney Name Telephone (day) Address Fax Email Surveyor Name r Telephone (day) Address . Fax y p w Email W o r� r �+ A Engineer 63 Name a, Telephone (day) U Address Fax UA r A4 Email Architect Name Telephone (day) Address Fax Email Landscape Architect Name Telephone (day) Address Fax Email Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois Phone 847.818.5328 www.mountprospect.org 3 Fax 847.$18.5329 TDD 847.392.6064 Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Community Development Department's Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and completeness at the time of submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agent's permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirm that all information provided herein and in all materials submitted in association with this application are true and accurate to the best of my knowledge. Applicant (sign Date Print Name "-L ID S If applicant is not property owner: I hereby designate the applicant to act as my agent for the purpose of seeking the zoning request(s) described in this application and the associated supporting ma rial, Property Owner y�rr��l�II Date f Z / afore} Print Name -Ace G S� - ,� p7� � Cr R l S d pay. 10 --- - L0(- q0 --0-9 Mount Prospect Department of Community Development Phone 847,818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.$18.5329 www.mountprospect,org 4 TDD 847,392.6064 OL LSH N Gflt...ca 1774 W. Algonquin Rd. Mount Prospect IL, 60056 773 - 750 -7788 To Whom It May Concern: Cash N Gold is a national company founded in North Carolina. There are 4 locations in North Carolina, and we are currently planning to open 3 locations in the Chicago land area in Mount Prospect, Des Plaines, and Palatine. Our business hours are: Monday —Friday 10AM — 7PM Saturday 11AM — 5PM Sunday CLOSED Cash N Gold is a small business operated by the owner. We are a reseller of previously owned merchandise at a reduced price. The concept is similar to other franchised chains such as "Game Stop ", "Play it Again Sports ", "Cash Converters ", and "EZ Pawn ". The merchandise we currently stock are cell phones, musical instruments, sporting goods, computers, jewelry, power tools, games and DVD's, and audio equipment. In addition to the buy, sell, and trade services we already provide, we are requesting to add the pawnbroker service to the business. This service offers secured loans to people, with items of personal property used as collateral. If an item is pawned for a loan, within a certain contractual period of the time the customers may purchase it back for the amount of the loan plus some agreed -upon amount for interest. The amount of time, and rate of interest, is governed by law and by the pawnbroker's policies. If the loan is not paid within the time period, the pawned item will be offered for sale by the pawnbroker. Unlike other lenders, the pawnbroker does not report the defaulted loan on the customer's credit report, since the pawnbroker has physical possession of the item and may recoup the loan value through outright sale of the item. The pawnbroker also sells items that have been sold outright by customers to the store. We utilize a proprietary POS system that keeps a permanent record on computer as well as hard copy receipts of transactions that occur in the store. Our facility is monitored and video recorded which are Kept on file for 30 days. All patrons have to be 18 years of age and show a state identification card in order to sell or trade merchandises. We will provide all transactional records of items purchased and traded to the Mount Prospect Police Department. Best regards, DAVID SO, President A .$ws m R � �! .�'� �a,a t� �� �•v���' �'$ § .gym =� "��a:oa ° ® � �� _ �g . ° 9� p �� � ..��° A � � :- �•.- „...�$N° >T' � fi a PIT SR Al n ® �' � �a � ~�• � /�)f a �\ ° Vi i ei r I ? € - � _ . • �~ ` `� a� ' � fig' I / . M ' o ' b / 61ti / ms 9* 000' 6 - a� ' y 4 sdil o Q ” sF / PH . „� � wog - np � o��u_ . :- u ° ju1 opt . �'�8 w €Y ° >� x '�'mo��mmo � _•`J� \� w R•,ln �s° x -�� �� "� x " �pN "�' �s°�ae���N �a y "•�a,_a,_s .,,� -,tea Aa °a= 2 isn =oa „ '�aa "pan =� a`;aW;'serd'� ^ �7 �: �M $ •, .." - 8 ax.y ° : g�::n� °�'xx " " ��' -..e "ate XT�T p f 4 all g a�x=- aP��a ox �'� $ °aam �, " � s m�a M_ NI N y MUMS, ' 10; i- ` r ft z � 1 ° $, ia go U E iR p_. ju E f 'LL f j :j p 4 u 7 br S'_l °r -- . sas ±ter u:�saa ��a °: F ■ SCALE !« ee - - ,: EMS .,! SO FT COM RE SPA - L OCATED • l ALGONQUIN '! MOUNT PROSPECT ° I L :!, - ZONING B 2W � ., „- � 2TFTM ALLE TAB f « � � STORAGE REST ROOM « � . ��� . § � �` � . � ■ � \ { J � \ ■� § � 0 k ■ / �J � m . � . g m < ƒ ! A � z � § ƒ i o � � ► § m 2 /E§� m■e�f�E | ! II � -r E =o =£ =�£— = ® =a ', a ©_ ±a'o »ce p t sP t$ai §_ % w � ■���� « +E��e2(D '¢ K� \® e / £ %fx - 7 /f &�I . �\ ( -tea . Andrade, Consuelo From: mark jaruzel [marekj78 @hotmail.com] Sent: Saturday, February 12, 2011 7:16 PM To: Andrade, Consuelo Subject: Case # PZ -01 -11 Dear Planing and Zoning Commission, my name is Mark Jaruzel and I reside at 1727 Crystal Lane and I would like to object to a Pawn Shop being that close to my residence for numerous reasons. First of all I had my car broken in three times in last ten years right in front of my condo, my car radio and other stuff that you would find in Pawn Shop got stolen. Second having business like Pawn Shop in that close proximity will only lower our already low property value. Third that will only fuel crime in this area, it's pretty bad as it is and it will only get worst if business like Pawn Shop will be allowed to practice business in Mount Prospect so please consider this letter and hopefully it will help you reach the right decision. Thank you. Regards, Mark Jaruzel 1727 Crystal Ln Mount Prospect. This email has been scanned by the MessageLabs Email Security System. For more information please visit http/ /www.messagelabs.com /email & I °J D �.t -tom � � �� ^t' ViFi ge of Mt. Pros p ct CotZl;Tlvnity C1 7 rT1?r? NOTICE OF HEARING ]BEFORE THE MOUNT PROSPECT PLANNING & ZONING COMMISSION NOTICE IS HEREBY GIVEN that on Thursday February 24, 2011 at the hour of 7:30 p.m., there will be a public hearing at the Mount Prospect Village Hall, 50 S. Emerson Street, Mount Prospect, 1L, concerning the following: CASE NO. PZ - 01 - 11 COMMONLY KNOWN AS: 1774 W. Algonquin Road PIN #: 08 -22 -201- 007 -0000 IPETITIONER/OWNER: David So 1774 W. Algonquin Road Mount Prospect, IL 60056 NATURE OF REQUEST Petitioner is seeking a Conditional Use permit to operate a Pawn Shop, and other relief from the Zoning Ordinance as may be required for this project. This is not a "notice to appear ". It is an invitation to all interested persons to submit oral or written comments concerning the above case to the Planning & Zoning Commission at 50 S. Emerson Street, Mount Prospect, lL 60056 or via e -mail candrade @mountprospect.org. Persons having questions may call the Community Development Department of Mount Prospect at (847) 818 -5328. The Planning & Zoning Commission will make a recommendation based on the information discussed at the meeting; the Village Board's decision is final for this case. Dated at Mount Prospect, Illinois, this WEDNESDAY, February 9, 2011. Richard Rogers Chairperson, Planning & Zoning Commission H:SPLANtPlannigg &'Lomrsg C(3MMli' &Z 2017VsypISVYL -0I.1 � 1774 W. fJgonc�in Rd(CU -Yn�m Shapl) dc�ca � � _� � y . -77� ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 1774 W. ALGONQUIN ROAD, MOUNT PROSPECT, ILLINOIS WHEREAS, David So "Petitioner", has filed a petition for a Conditional Use permit with respect to property located at 1774 W. Algonquin Road "Property" and legally described as; "LOT 1 IN BRESLER REALTY COMPANY SUBDIVISION OF THAT PART OF LOT 2 IN EDWARD BUSSE'S DIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 15 AND THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, AS PER PLAT RECORDED IN THE RECORDER'S OFFICE OF COOK COUNTY, ILLINOIS ON DECEMBER 17, 1919, AS DOCUMENT NUMBER 6696216, LYING EAST OF A LINE DRAWN 362.98 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 2 AND SOUTH OF THE NORTH LINE OF SAID SECTION 22, (EXCEPT THAT PART FALLING IN STREETS AND HIGHWAYS, IF ANY, ACCORDING TO PLAT OF SAID BRESLER REALTY COMPANY SUBDIVISION REGISTERED IN THE OFFICE OF THE REGISTRAR OF TITLES OF COOK COUNTY, ILLINOIS, ON MARCH 17, 1971, AS DOCUMENT T2547401), ALL IN COOK COUNTY, ILLINOIS." Property Index Number: 08 -22- 201 - 007 -0000; and WHEREAS, the Petitioner currently operates a resale shop at 1774 West Algonquin Road and wants to expand the business by adding the pawnbroker service; and WHEREAS, the Petitioner seeks a Conditional Use to operate a pawn shop at the property; and WHEREAS, a Public Hearing was held on the request for a Conditional Use permit, designated as PZ- 01 -11, before the Planning and Zoning Commission of the Village of Mount Prospect on the 24 day of March, 2011, pursuant to due and proper notice thereof having been published in the Mount Prospect Journal & Topics on the 9 th day of February, 2011; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the President and Board of Trustees in support of the request being the subject of PZ- 01 -11; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the same meets the standards of the Village and that the granting of the proposed Conditional Use permit would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That the recitals set forth hereinabove are incorporated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect grant a Conditional Use permit for the operation of a pawn shop located at 1774 West Algonquin Road as shown on the Plat of Survey, a copy of which is attached and made a part of as Exhibit "A." SECTION THREE Approval of the Conditional Use permit is subject to compliance with the following conditions: Page 2/2 PZ -01- 111774 W. Algonquin Road 1. The installation of four (4) full -time digital video cameras in the interior of the store that capture the full face of all persons entering the store or conducting transactions at the service counters within the store. Each of the four cameras is required to be on and in recording mode at all times when the store is open for business; 2. The installation of one (1) full -time digital video camera on the exterior of the store that captures the parking lot and sidewalk areas for 75 feet on either side (east or west) of the main entrance door to the store located at 1774 West Algonquin Road. The exterior camera is required to be on and in recording mode at all times when the store is open for business; 3. Access to all video images captured from said video surveillance cameras shall be retained for a minimum of 30 days and made available upon request to the Mount Prospect Police Department or any other duly constituted law enforcement agency of competent jurisdiction; 4. The availability and use of portable "panic alarms" by all employees on duty at the store at any given time the store is open to the public; 5. Submission to the Mount Prospect Police Department, upon request, copies of any and all transactions where items were sold or pawned. The submission will contain that information made mandatory by 205 Illinois Compiled Statues 510/0.01 (Pawnbroker Regulation Act) and an image of the form of identification used by every customer who sold or pawned an item of value; 6. Full participation in the LEADSOnline, LLC, Dallas Texas resale transaction reporting system; 7. Payment of a $500.00 offset fee. Payment of the full $500.00 fee much be made no later than June 1S of each calendar year or a payment of $250.00 can be made no later than June 1S and a second payment of $250.00 made no later than December 1S of each calendar year to offset the cost of the Mount Prospect Police Department's annual subscription cost to LEADSOnline. Payments shall be made to the Village of Mount Prospect and remitted to the Village of Mount Prospect, 50 S. Emerson Street, Mount Prospect, Illinois 60056; 8. Strict compliance with all other affirmative duties of a pawnshop operator asset forth in the Illinois Pawn Broker Regulation Act (205 ILCS 510/0/01); and 9. Failure of the conditional use holder to comply with any of the conditions set forth above or the requirements of the Illinois Pawn Broker Regulation Act will constitute case for the revocation of the conditional use and /or the business license. SECTION FOUR This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this 6 th day of April, 2011. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village of Mount Prospect Community Development Department MEMORANDUM 1 11 TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: MARCH 25, 2011 SUBJECT: PZ- 1 9- 1 0 1 1 601 S. BUSSE ROAD/ CONDITIONAL USE (PUD & DWELLING UNITS ABOVE THE GROUND FLOOR) AND VARIATIONS (BDLG. HEIGHT & PARKING SPACES) / DAVERI DEVELOPMENT GROUP The Subject Property previously received preliminary plan approval for a Planned Unit Development (PUD) proposal that consisted of a restaurant with drive through, bank with drive - through, and a two - story office building. Only the restaurant with drive - through was constructed, and the Petitioner is proposing a new plan for a multi -use PUD at the Subject Property. As proposed, the PUD will consist of an existing restaurant with drive - through (Culver's) and a four -story mixed -use building to be located at the west end of the site. The mixed -use building will provide 39 affordable supportive housing units to individuals with disabilities, and a health clinic and ancillary uses on the 1 floor of the building. The petitioner is seeking variations to increase the maximum permitted building height from 35 feet to 43 feet and reduce the required number of parking stalls from 167 to 165, including 19 land banked parking spaces. The Planning & Zoning Commission conducted a public hearing to review the request on Thursday, March 24, 2011, and by a vote of 6 -0, recommended approval of the following: A. A Conditional Use for the Preliminary Plan approval of a Planned Mixed Use Development consisting of an existing restaurant with drive - through and a four -story mixed use building; B. A Conditional Use for dwelling units above the first floor; C. A Variation to increase the maximum permitted building height from 35 feet to 43 feet; and D. A Variation to reduce the required number of parking stalls from one hundred sixty seven (167) to one hundred sixty five (165), including land banked spaces, subject to the conditions listed in the Staff Report. Details of the proceedings and items discussed during the Planning and Zoning Commission hearing are included in the attached minutes. Please forward this memorandum and attachments to the Village Board for their review and consideration at their April 6, 2011 meeting. Staff will be present to answer any questions related to this matter. William J. Cooney, Jr., AICP VVf1Wh1haWMAi15PhMt n9 &741in9 COMMN&Z20I1WOMCro TZA9401601 S.B— Rd (CU- Preliminary PW&VAA's).dwx MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -19 -10 PROPERTY ADDRESS: PETITIONER: PUBLICATION DATE: PIN NUMBERS: REQUESTS: MEMBERS PRESENT: MEMBER ABSENT: STAFF MEMBERS PRESENT: INTERESTED PARTIES: Hearing Date: March 24, 2011 1601 S. Busse Road (Southeast Corner of Busse & Dempster) Daveri Development Group January 12, 2011 08 -23- 100 - 015 -0000, 08 -23 -100- 014 -0000 Conditional Uses (Planned Unit Development & Dwelling Units above First Floor) and Variations (Building Height & Parking) Richard Rogers, Chair William Beattie Leo Floros Theo Foggy Ronald Roberts Keith Youngquist Joseph Donnelly Consuelo Andrade, Development Review Planner Brian Simmons, Deputy Director of Community Development Nicholas Peppers, Larry Pusateri, Mitch Bruski Chairman Rogers called the meeting to order at 7:33 p.m. Mr. Floros made a motion to approve the minutes of the February 24, 2011 meeting; Mr. Foggy seconded the motion. The minutes were approved 3 -0 with Mr. Roberts, Mr. Foggy, and Mr. Youngquist abstaining. After hearing one previous case, Chairman Rogers introduced Case PZ- 19 -10, 1601 S. Busse Road, at 7:56 p.m. Ms. Andrade said the Petitioner for Case PZ -19 -10 was seeking approval of a Conditional Use for a Preliminary Planned Unit Development and Variations for the property located at 1601 S. Busse Rd. Ms. Andrade stated the Petitioner was specifically seeking a Preliminary Plan for a Planned Unit Development (PUD) consisting of an existing restaurant with a drive - through and a 4 -story mixed use building; a Conditional Use for dwelling units above the first floor; a Variation to increase the maximum permitted building height from 35 feet to 43 feet; and a Variation to reduce the required number of parking stalls from 167 to 165 (including land banked spaces). Ms. Andrade said the development would include one 4 -story building that would provide affordable supportive housing units to individuals with disabilities. The building would consist of 39 one bedroom or studio apartments on the 2 3 and e floors. The ground level would include a health clinic and ancillary uses to support the housing units. Ms. Andrade stated the Subject Property is located at the southeast corner of Busse Road and Dempster Street consisting of two tax parcels. One parcel is occupied by a Culver's Restaurant with drive- through and the second parcel is vacant. The Subject Property is zoned B -3 Community Shopping and is bordered by the B -3 District to the east, south, and west, and by the R-4 Multi - Family Residential District to the north. Richard Rogers, Chair PZ -19 -10 Planning & Zoning Commission Meeting March 24, 2011 Pagel of 5 Ms. Andrade said the Petitioner's site plan indicated the proposed improvements on the vacant parcel. The building would measure approximately 168 feet wide by 64 feet deep. The parking lots would be constructed to the north, west, and south of the building. The proposal would utilize the existing curb cuts on Busse and Dempster, in addition to maintaining access to the adjacent Plaza. United commercial development Ms. Andrade stated the building would be primarily constructed out of brick, including hardi siding for the bays and renaissance stone. The design incorporated glass storefronts on the ground level and windows on the 2nd, 3rd, and 4th floors. The ground floor also included metal canopies on the north and west building elevations. Ms. Andrade showed a table that compared the Petitioner's proposal with the Village Code requirements. The proposed building would meet the minimum setback requirements in the B -3 District. The building would be setback 86 feet from the front property line, 87 feet from the exterior side property line, 15 feet from the side property line, and 47 feet from the south property line. The overall lot coverage would be 68.1 %, which falls below the B -3 District's maximum permitted lot coverage of 75 %. The proposed 4 -story building would measure 43 feet in height, which exceeds the B -3 District's height limitation. Therefore, the Petitioner was seeking Variation approval to increase the maximum permitted building height from 35 feet to 43 feet. Ms. Andrade said the Zoning Code required parking based on land use. Ms. Andrade showed a table indicating 167 parking spaces would be required, including the existing restaurant and proposed mixed use building. The proposed development would provide 79 parking spaces and 19 land banked parking spaces, which would bring up the overall number of parking spaces provided to 165. This would be short two parking spaces from the overall 167 parking spaces required The Petitioner was seeking a Variation to reduce the required number of parking spaces from 167 to 165, including land banked spaces. Ms. Andrade stated the Petitioner's landscape plan provided a conceptual design with regards to the number, general type, and location of plantings for the proposed development. Ms. Andrade showed the landscape plan; it did not comply with code requirements and would be required to be revised to include additional trees and shrubs along the property lines and within. Ms. Andrade said the proposed photometric plan illustrated 9 new parking lot light poles as part of the development and provided illumination levels for the development. The illumination levels at the southeast corner of the development did not meet the minimum of 0.2 foot candles required for parking and paved areas. The photometric plan would be required to be revised to comply with the minimum illumination required. Ms. Andrade stated the standards for a Variation are listed in Section 14.203 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Variation. The findings include: • A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; • Lack of desire to increase financial gain; and • Protection of the public welfare, other property, and neighborhood character Ms. Andrade said the Petitioner was seeking a Variation to the building height and parking requirements. Staff was supportive of the Variation request to increase the building height as the building would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. Additionally, the four story building would blend in with the neighborhood character as there are existing multi -story apartment buildings that exceed 35 feet in height in close proximity to the property. Ms. Andrade stated the Variation request to reduce the required parking spaces from 167 to 165, including land banked spaces was supported as there will be shared /cross parking between the two buildings on the Subject Richard Rogers, Chair PZ -19 -10 Planning & Zoning Commission Meeting March 24, 2011 Page 2 of 5 Property and the housing component has been demonstrated to have significantly less demand than what Village Code required. Ms. Andrade said the standards for Conditional Uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. The findings 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.to minimize congestion on Village streets; and • Compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. Ms. Andrade stated that Staff found that the Petitioner's request for a PUD consisting of an existing restaurant with a drive- through and a proposed mixed use building with dwelling units above the first floor would not have a negative impact on the public or surrounding properties as the land uses and building would integrate with the surrounding properties. In addition, the proposed development would not have an impact on circulation as it proposed to utilize existing ingress and egress from Dempster and Busse. The proposal was consistent with the Village's Comprehensive Land Use Map and was compatible with the underlying zoning for the property. Ms. Andrade said based on the findings, Staff recommended that the Planning & Zoning Commission approve the motions listed in the Staff Report. Mr. Foggy asked if the Village Code for building height included mechanicals or was it just measured to the parapet. Ms. Andrade stated that if a roof was flat, Code measures height to the top of the parapet. If the roof was pitched, Village Code measures to the mid -point of the roof. The Planning and Zoning Commission took a brief recess at 8:06 p.m. to address some technical difficulties. The meeting reconvened at 8:11 p.m. Chairman Rogers summarized the case as presented by Staff. He restated the Petitioner's zoning requests. He confirmed with Staff that the residents have a disability and the apartments designed are one bedroom and studio units. Most of the residents would not have cars and that was why the Petitioner requested a Variation to reduce the number of parking spaces. Mr. Foggy asked if there were any buildings in the area of the subject property that exceeded 43 feet in height. Mr. Simmons stated that there were a few apartment buildings to the south of Algonquin and to the west of Busse that exceed the height of the proposed building. Chairman Rogers swore in all individuals who wished to speak on the subject case and asked when they first speak to announce their name and address for the record. Nicholas Peppers, Attorney from Storino, Ramello, and Durkin, 9501 West Devon, Rosemont, Illinois said that he represented the Petitioner, Daveri Development Group, who is the contract purchaser and the developer for the subject case and property. He stated the plan that was being discussed is the open area to the west of Culver's. The subject case does not involve the developed Culver's restaurant. Mr. Peppers restated the requests that the Petitioner was seeking. He said there were other buildings in the area higher than the proposed building. The proposed height is 43 feet with 3 feet being the parapet wall. Richard Rogers, Chair PZ -19 -10 Planning & Zoning Commission Meeting March 24, 2011 Page 3 of 5 Mr. Peppers discussed how the parking situation was unique to the project. He stated that there were cross parking easements in place between the uses which allowed the shared parking arrangement. Mr. Peppers discussed adopting the Petitioner's written response to the Conditional Uses and Variations as in the report that was submitted to the Planning and Zoning Commission. He said that this was the Petitioner's response for the public hearing. Mr. Peppers said aside from the Variations, the Petitioner met all bulk requirements for the project. There were no changes to the Culver's portion of the site. Mr. Peppers stated that he understood the comments in regards to landscaping and photometrics and would work with Staff to comply. Chairman Rogers asked about the special function of the people who would be residing at the subject property. Mr. Peppers stated that there is a narrative in the Planning and Zoning Commissioner's packet that was presented earlier. Chairman Rogers said he would like to get the narrative on the public record. Larry Pusateri, 6160 N. Cicero, Chicago, Illinois stated that he was one of the co- owners of Daveri Development Group, the Petitioner and Developer for the subject property. Mr. Pusateri said that Daveri Development Group is an affordable housing developer and often time serves people with special needs as well as low incomes. With the subject case, Daveri would be serving a disability population in a supportive housing environment. Mr. Pusateri stated the disability that is being targeted is persons with history of mental illness. He said this is in response to parents in the local community approaching Daveri and identifying an underserved population in the Northwest suburbs. Mr. Pusateri said that the Kenneth Young Centers approached Daveri with similar concerns. Mitch Bruski, CEO, Kenneth Young Center, 1001 Rohling, Elk Grove Village, Illinois said Kenneth Young Centers have been in the community for over 40 years. It is the local community based mental health and senior service center. Mr. Pusateri stated that all the units in the proposed development would be apartments similar to any other apartment. There will be long term annual leases. Each apartment would have a kitchen and private bathrooms. Mr. Pusateri said the only difference is that the proposed development would have supportive housing. The management office and Kenneth Young Centers would be offering services on -site. Chairman Rogers asked if all the residents of the proposed development would be self - sufficient with no assisted care. Mr. Pusateri said that was correct. Residents would need to be capable of living on their own in order to be accepted at the proposed facility. Chairman Rogers asked if Daveri was federally subsidized. Mr. Pusateri stated that they are federally subsidized on the capital side through the federal tax program. Mr. Beattie asked what kind of Staff would be available to service the residents. Mr. Bruski stated that Staff would be on -site to provide case management services (access to entitlements, etc.). There would be substance abuse services, if necessary. Mr. Bruski said there would also be vocational support (helping people get jobs, locate jobs, and become more independent). Mr. Beattie confirmed that Staff would not be living at the facility. There was discussion regarding the commercial space on the first floor. Mr. Bruski stated there would be a federally qualified health center that would provide a full range of health services for low income individuals. This would be primary medical health care. Chairman Rogers asked if the general public could utilize the services of the health center. Mr. Bruski said it would be opened to the community. There was additional discussion regarding the physician who would be located on the first floor. Richard Rogers, Chair PZ -19 -10 Planning & Zoning Commission Meeting March 24, 2011 Page 4 of 5 Chairman Rogers asked if there was anyone else in the audience to address this case. Hearing none, he closed the public portion of the case at 8:26 p.m. and brought the discussion back to the board. Mr. Roberts made a motion, seconded by Mr. Beattie: To approve: A. A Conditional Use for the Preliminary Plan approval of a Planned Mixed Use Development consisting of an existing restaurant with drive- through and a four -story mixed use building; B. A Conditional Use for dwelling units above the first floor; C. A Variation to increase the maximum permitted building height from 35 feet to 43 feet; and D. A Variation to reduce the required number of parking stalls from one hundred sixty seven (167) to one hundred sixty five (165), including land banked spaces, subject to compliance the conditions of approval listed in the staff report. UPON ROLL CALL: AYES: Beattie, Floros, Foggy, Roberts, Youngquist, Rogers NAYS: None Motion was approved 6 -0. The Village Board's decision is final for this case. After hearing three cases, Mr. Floros made a motion, seconded by Mr. Foggy to adjourn at 10:37 p.m. The motion was approved by a voice vote and the meeting was adjourned. Ryan Kast, Community Development Administrative Assistant Richard Rogers, Chair PZ -19 -10 Planning & Zoning Commission Meeting March 24, 2011 Page 5 of 5 Village of Mount Prospect Community Development Department CASE SUMMARY — PZ- 19 -10 LOCATION: 1601 S. Busse Road (Southeast Corner of Busse & Dempster) PETITIONER: Daveri Development Group OWNER: Mt. Prospect Partners, LLC PARCEL 4: 08 -23- 100 - 015 -0000, 08 -23 -100- 014 -0000 LOT SIZE: 3.72 acres ZONING: B -3 Community Shopping LAND USE: Vacant Parcel & Culver's Restaurant ,fimntpmgca REQUEST: Conditional Uses (Planned Unit Development & Dwelling Units above First Floor) and Variations (Building Height & Parking) LOCATION MAP Village of Mount Prospect Community Development Department MEMORANDUM TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION RICHARD ROGERS, CHAIRPERSON FROM: CONSUELO ANDRADE, DEVELOPMENT REVIEW PLANNER DATE: MARCH 15, 2011 HEARING DATE: MARCH 24, 2011 SUBJECT: PZ -19 -101 CONDITIONAL USES AND VARIATIONS 1 1601 S. BUSSE ROAD 1 DAVERI DEVELOPMENT GROUP BACKGROUND A public hearing has been scheduled for the March 24, 2011 Planning & Zoning Commission meeting to review the application by Daveri Development Group (the "Petitioner ") regarding the property located at 1601 S. Busse Road (the "Subject Property"). The Petitioner is seeking the following zoning requests: A. Preliminary Plan for a Planned Unit Development (PUD) consisting of an existing restaurant with a drive -thru and a proposed 4 -story mixed use building; B. Conditional Use for dwelling units above the first floor; C. Variation to increase the maximum permitted building height from 35 feet to 43 feet; and a D. Variation to reduce the required number of parking stalls from 167 to 165 (including land banked spaces). The P &Z hearing was properly noticed in the January 12, 2011 edition of the Journal Topics Newspaper. In addition, Staff has completed the required written notice to property owners within 250 -feet and posted a Public Hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located at the southeast corner of Busse Road and Dempster Street, and consists of two tax parcels. One parcel is occupied by a Culver's Restaurant with drive- through and related improvements. The second parcel is vacant. The Subject Property is zoned B -3 Community Shopping and is bordered by the B -3 District to the east, south (Plaza United), and west, and by the R -4 Multi - Family Residential District to the north. SUMMARY OF PROPOSAL The Subject Property previously received preliminary plan approval for a PUD proposal that consisted of a restaurant with drive-through, bank with drive - through, and a two -story office building. Only the restaurant with drive - through was constructed, and the Petitioner is proposing a new plan for the Subject Property. As illustrated on the attached site plan, the Petitioner is proposing a multi -use development consisting of the following two buildings: An existing restaurant with drive - through (Culver's) located at the east end of the site; A four -story mixed -use building to be located at the west end of the site; PZ -19 -10 Planning & Zoning Commission Meeting March 24, 2011 Page 3 The existing restaurant with drive- through is a one story building measuring approximately 4,754 square feet. Sixty seven (67) parking spaces are provided on site with related improvements. The Petitioner does not propose any changes to the Culver's' parcel. The proposed mixed use building will provide affordable supportive housing units to individuals with disabilities. The four -story building will include thirty nine (39) one bed -room or studio apartments on the 2 3 and 4 1 ' floors, and a health clinic and ancillary uses on the 1" floor to support the apartments. The dwelling units located above the first floor require Conditional Use approval in the B -3 District. Since the Zoning Ordinance requires each primary structure to be located on its own lot of record, the Petitioner is seeking approval for a PUD to allow two buildings on a single lot. The proposed PUD would result in a more cohesive development of the irregular shaped property because it minimizes potential traffic impacts and allows for better interior circulation between the land uses. Per the Village's Zoning Ordinance, the review procedure for a PUD requires preliminary plan review and final plan review. A recommendation by the Planning and Zoning Commission and final action by the Village Board is required in both cases. following completion of the preliminary plan process, the Petitioner will be required to obtain final plan approval. In reviewing the current application, the P &Z Commission should consider the development proposal as conceptual. All details for each element of the development must be resolved prior to review of the final plan. GENERAL ZONING COMPLIANCE _Building Setbacks - Per the plat of survey, the existing building ( Culver's) complies with the Zoning Code's minimum setback requirements. The Petitioner's site plan indicates the proposed mixed use building would meet the minimum setback requirements as well. As proposed, the building would be setback eighty six (86') from the front property line, eighty seven feet (87') from the exterior side property line, fifteen feet (15') from the side property line, and forty seven feet (47') from the south property line. The following table compares the existing and proposed building setbacks to the Code's setback requirements: `'Vjlla , e Gode,Setbae Re„ utrexnent Existtri ,$ulclir� „(Gulvei's} ...:._....Pro „osed 1Vltxed Usk, Buclirt front (Dem ster)= Min. 30' 98' 86' Exterior Side (Busse) = Min. 30' NIA 87' Interior Side= Min. 10' 37' and 56' 15' Rear = Min. 20' 1 48' 47' Building Height - The B -3 District allows a maximum building height of .thirty five feet (35'). The existing building height is approximately twenty four feet (24') and complies with the Code's height limitation. However, the proposed 4 -story mixed use building would measure forty three feet (43') in height, which exceeds the B -3 District's height limitations. The Petitioner is seeking Variation approval to increase the maximum permitted building height from thirty five feet (35') to forty three feet (43'). Lot Coverage - The site plan indicates that the overall development would have a total lot coverage of 68.1 %, which falls below the B -3 District's maximum permitted lot coverage of 75 %. Landscaping - The attached preliminary landscape plan provides a conceptual design with regards to the number, general type, and location of plantings for the proposed development. As shown, the landscape plan does not comply with all Village Code landscape requirements, and shall be revised to comply, including, but not limited to: PZ -19 -10 Planning & Zoning Commission Meeting March 24, 2011 Page 4 • Providing one shade tree at the equivalent of not more than seventy five feet (75') apart along the Busse and Dempster property lines; • Providing clusters of shrubs that are a minimum height of three feet (3') and contain seven (7) to nine (9) shrubs per cluster. Clusters to be spaced at intervals of approximately thirty five feet (35') along the Busse and Dempster property lines; • Providing a shade tree and a minimum of 50% of live coverage in each interior parking lot island; and • Providing year round screening around ground mounted mechanical /utility equipment. As part of the final plan submittal the Petitioner must submit a more detailed landscape plan that includes specifics regarding the size and species for each type of the proposed landscaping material. Site Access /Circulation System - The Petitioner's proposal would utilize the existing curb cuts on Busse and Dempster, in addition to maintaining access to the adjacent Plaza United commercial development. Parkin - Sec. 14.2224 of the Zoning Code lists the minimum number of parking spaces required based on land use. The existing building ( Culver's) requires fifty seven (57) parking spaces and the proposed mixed use building will require one hundred and ten (110) parking spaces. Therefore, the overall number of required parking spaces is one hundred and sixty seven (167). The Culver's parcel currently provides sixty seven (67) parking spaces, which exceeds the minimum parking spaces required by ten (10). The proposed mixed use building will provide seventy nine (79) parking spaces and nineteen (19) land banked parking spaces, which would bring up the overall number of parking spaces provided to one hundred sixty five (165). This would only be short two parking spaces from the overall parking spaces required. The Petitioner is seeking a Variation to reduce the required number of parking spaces from one hundred sixty seven (167) to one hundred sixty five (165), including land banked spaces. The following table compares the proposed parking spaces to the Village's parking requirements: x Bu ;. a (s �Surrb men eo#' el f 01 .A9' pG s j Existing Restaurant 4,754 sq.ft. 12 spaces per 1,000 sq.ft. 57 Culver's Spaces Required for Restaurant Building = 57 Parking Provided = 67 (10 surplus spaces) Proposed Mixed Use Building: • Dwelling Units 39 DU 2 spaces per unit 7$ • Medical Clinic 4,125 sq.ft. 5 spaces per 1,000 sq.ft. 21 • Retail /Office 2,723 sq.ft. 4 spaces per 1,000 sq.ft. 11 Spaces Required for Mixed Use Building W 110 Parking Provided 79 - Lan d- Bat}ked S ares — 0 Parking Provided, including Land Banked Spaces = 98 (12 Deficit) Overall Parking Required = 167 Overall Parking Provided (including land banked spaces) = 165 (2 deficit spaces) PZ -19 -10 Planning & Zoning Commission Meeting March 24, 2011 Page 5 Building Design - The attached elevation drawings for the proposed mixed use building indicate the building will be primarily constructed out of brick, including hardi siding for the bays and renaissance stone bands. The design incorporates glass storefronts on the ground level and windows on the 2n 3r and 4`'' floors. The ground floor also includes metal canopies on the north and west building elevations. Lighting — The Petitioner submitted a photometric plan that illustrates nine (9) parking lot light poles as part of the development and provides illumination levels for the development. The illumination levels at the southeast corner development do not meet the minimum of .2 foot candles required for parking and paved areas. In addition, the photometric plan does not provide illumination levels for the Culver's parcel. As the Subject Property is one lot of record, the illumination levels for Culver's shall be included so Staff can review and ensure compliance with Code requirements. The photometric plan shall be revised to comply with the Code requirements and include illumination Ievels for the Culver's parcel. Fixture cut - sheets were not provided for parking lot light poles or wall mounted fixture cut sheets. The Village Code requires exterior light fixtures to be full cutoff, include flat lens, and angled 90 °. The Petitioner will be required to submit fixture cut - sheets for aII exterior light fixtures. The Petitioner is not seeking relief from the Village's lighting regulations and is required to comply with Sections 14.314 and 14.2219 of the Zoning Code. Signa_ge - The building elevation drawings indicate wall signs would be placed on the first floor of the building. As shown, the signs would not conform to the Village Sign Code's regulations. Any future wall and ground signs will need to comply with the Village Sign Code requirements and require separate permits. ADDITIONAL STAFF COMMENTS Building, Department — A complete building code analysis, including but not limited to egress, height, area, use, and fire rating analysis, will be required for the proposed development. Fire Department — An egress plan, fire sprinkler system, fire alarm system, standpipe system, and additional fire hydrants as need be will be required for the proposed development. Additionally, the driveways accessing the site must have curbs that allow for fire department access from all directions or that can be driven over. These requirements are included as part of the Staff Report in an effort to ensure the Petitioner is aware of the requirements and submits the necessary documentation. COMPREHENSIVE PLAN DESIGNATION AND ZONING The Village Comprehensive Plan designates the property as Community Commercial Use. This land use designation is appropriate for retail establishments and is consistent with the Subject Property's current B -3 zoning. The proposed mixed -used PUD is consistent with this designation and is appropriate for the area. VARIATION STANDARDS The standards for a Variation are listed in Section 14.203.C.9 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Variation. The following list is a summary of these • Would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; • Lack of desire to increase financial gain; and • Protection of the public welfare, other property, and neighborhood character. PZ -19 -10 Planning & Zoning Commission Meeting March 24, 2011 Page 6 The Petitioner is seeking a Variation to the building height and parking requirements. The Variation request to increase the building height from thirty five feet (35') to forty three feet (43') includes a three foot (3') tall parapet. Per the Petitioner's application, the proposed building height is necessary to make the development economically feasible for a permanent supportive housing development. Staff is supportive of the Variation request to increase the building height as the building would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. Additionally, the four story building will blend in with the neighborhood character as there are existing multi -story apartment buildings that exceed thirty five feet (35') in height. The Petitioner also seeks a Variation to reduce the required parking spaces from one hundred sixty seven (167) to one hundred sixty five (165), including land banked spaces. Since the proposed supportive housing component is intended for people living with mental illness, the Petitioner submitted a parking evaluation that states that supportive housing developments have a different parking characteristic than typical residential developments. The majority of residents in supportive housing developments do not own a vehicle, unlike typical residential developments. Additionally, information on existing similar developments within the Chicago area was used to demonstrate that supportive housing developments have a .08 to .14 vehicle ownership per occupied unit ratio. This is less than the Village Code's requirement of two (2) parking spaces for each dwelling unit for a multi- family development. The Petitioner proposes to utilize Culver's surplus parking spaces and land bank nineteen (19) parking spaces, which would bring up the overall number of parking spaces provided to one hundred sixty five (165). Resulting in a deficient of two (2) parking spaces. Staff is supportive of this Variation as there will be shared /cross parking between the two uses and the housing component has been demonstrated to have significantly less demand then our code requires. CONDITIONAL USE STANDARDS The standards for Conditional Uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. The following list is a summary of these findings: • The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; • The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; • Adequate provision of utilities, drainage, and design of access and egress to minimize congestion on Village streets; and • Compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. The Petitioner's request for a PUD consisting of an existing restaurant with a drive -thru and a proposed four story mixed use building with dwelling units above the first floor requires Conditional Use approvals. The mixed use building would include affordable supportive housing units intended for adults. with disabilities and a health clinic e the nee _ st C S`a e ©Li� Conditional Use s�ill- n -h$ye a negative impact on the public or surrounding properties as the land uses and building will integrate with the surrounding properties. In addition, the proposed development will not have an impact on circulation as it proposes to utilize existing ingress and egress from Dempster and Busse. The proposal is consistent with the Village's Comprehensive Land Use Map and is compatible with the underlying zoning for the property. The mixed -use development will be compatible with other developments that PZ -19 -10 Planning & Zoning Commission Meeting March 24, 2011 Page 7 are located within the vicinity and will be an infill development project for a site that has been vacant for a number of years. RECOMMENDATION The proposed Conditional Uses for a mixed -use planned unit development with dwelling units above the first floor and Variation requests to the building height and parking meet the standards for these requests as listed in the Zoning Code. Based on these findings, Staff recommends that the Planning & Zoning Commission recommend approval of the following motions: "To approve: A. A Conditional Use for the Preliminary PIan approval of a Planned Mixed Use Development consisting of an existing restaurant with drive - through and a four -story mixed use building; B. A Conditional Use for dwelling units above the first floor; C. A Variation to increase the maximum permitted building height from 35 feet to 43 feet; and D. A Variation to reduce the required number of parking stalls from one hundred sixty seven (167) to one hundred sixty five (165), including land banked spaces, subject to compliance with the following conditions: 1. Development of the site in general conformance with the site plan prepared by Haeger Engineering, dated December 15, 2010; 2. Development of the four -story mixed use building in general conformance with the building elevations prepared by Cordogan Clark & Associates, Inc., dated March 9, 2011; 3. Development of the four -story mixed use building in general conformance with the floor plans prepared by Cordogan Clark & Associates, Inc., dated December 15, 2010; 4. Development of the site in general conformance with the landscape plan prepared by Cordogan Clark & Associates, Inc., dated December 15, 2010, but revised to comply with Code; 5. Development of the site in general conformance with the photometric plan prepared by Hubbell Lighting, dated December 14, 2010, but revised to include the adjacent parcel (Culver's) and comply with Code; 6. Submittal of fixture cut - sheets for exterior lights that comply with Village Code; 7. Submittal of a covenant restricting the use of the land designated as land banked parking spaces for future parking. Such covenant shall run with the Iand and specify the authority of the Village to require additional parking be installed if and when deemed necessary and to enforce said order upon the ownership; S. Submittal of a signed cross access and parking agreement with the adjacent property owner; 9. Prior to the issuance of a development permit, the petitioner shall provide final civil engineering drawings for review and approval by the Village. The engineering drawings shall include all site work including utilities, storm water detention, and associated improvements; 10. Prior to obtaining a Certificate of Occupancy, the Petitioner shall complete the required Plat of ements as required for tire proposed relocation of existing water main; 11. Development of the site in accordance with all applicable Village Codes and requirements, including, but not limited to, detention requirements, Fire Prevention Code regulations, lighting regulations, Sign Code regulations; and building regulations; and PZ -19 -10 Planning & Zoning Commission Meeting March 24, 2011 Page 8 12. 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. The Village Board's decision is final for this case. I concur: William J. C L oney, AICP Director of Community De elopment /bC RTLANTIanning & Zoning COMMiP&Z 201045UffReponAPZ49•1014tH S. Buse R d (CU -PW, VAR- Height, Patking).docx VILLAGE OF MOUNT PROSPECT COMMUNITY DEVELOPMENT DEPARTMENT— Planning Division 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847.818:5329 Zoning Request Application Z" Case Number O P &Z - - © Conditional Use for 133 PUD Development Name/Address 14.1704 - bldg height O Q ® Variation from Sec: 14.2224 - parking Date of Submission �O V (OFii�O%1 ❑ Other: Hearing Date ................. Z ZONING REQUEST (s): Telephone (day)' © Conditional Use for 133 PUD El Zoning Map Amendment: From to 14.1704 - bldg height Telephone (evening) Q ® Variation from Sec: 14.2224 - parking Text Amendment: Section( pia Cd (OFii�O%1 ❑ Other: A 6160 N Cicero Ave. #620 773- 736 -7909 City State Code Ern_ ail C v a [L 60646 9 SUMMARTY QF REQUESTED AC Interest in property U 25 Conditional use for residential dwelling units above ground floor with B3 PUD, community N shopping district. See Attached. ................. Z ... . . Ndme Telephone (day)' Jessica Berzac 773- 777 -5507 Corporation Telephone (evening) Q Daveri Development Group pia Cd Street Address Fax A 6160 N Cicero Ave. #620 773- 736 -7909 City State Code Ern_ ail C v Chicago [L 60646 id ment.com essca averevely i d jessica@daveridevelopment.com Interest in property Daveri is purchasing this property from Terraco for affordable housing development Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson, Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org' 1 TDD 847 392.6064 Mount Prospect Department of Community Development Phone 847.818:5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 Nvww.mountprospect.org 2 TOD 847.392.6064 0' , PMLq ownex same . as a licanl De §Grille in Detail the Buildings and ?activities Proposed'and How the Proposed Use Meets the Standards for the Zoning Request Approval (attach additional sheets if necessary) Naive Telephone (day) z ti �C C Joe Goodman 847 - 679 - 6660 F, t Corporation Telephone(gve_ning) v 0 Terraco, Inc 847- 732 -5097 Street Address Fax z L aw 3201 Old Glenview Rd. #300 847 - 679 -6695 � City Stato Zip Code -Email NIA double front Wilmette I l 60091 jgoodman @terracorea[estate.com Mount Prospect Department of Community Development Phone 847.818:5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 Nvww.mountprospect.org 2 TOD 847.392.6064 Address(es) (Street Number, Street) 1601 S Busse Rd De §Grille in Detail the Buildings and ?activities Proposed'and How the Proposed Use Meets the Standards for the Zoning Request Approval (attach additional sheets if necessary) Lot Area (Sq.Ft) Zoning District Total BuiIding Sq. Ft. Sq_ Ft. Devoted to Proposed 162,138 133 -PUD 31,522 Use 104,694 Setbacks: Z Front Rear Side Side O 30 ft 20 ft NIA double front 10 ft* (east of Culvers) Building Height Lot Coverage ( %) Standard Packing Spaces Accessible Parking Spaces 4 43 ft see site plan 75 4 Adjacent Land Uses: North South East West R4- multifamily B3 commercial ommercia[ (unicorporated) B3 commercial Property Index Number(s): 0. 8 =- 2 3 -- 1 .0 0 =- 0 1 �3 _ (attach additional sheetsiff necessary) Legal Description ( attach additional sheets if necessary) See attached. Mount Prospect Department of Community Development Phone 847.818:5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 Nvww.mountprospect.org 2 TOD 847.392.6064 Proposed Use (as listed in the zoning district) Conditional use for residential dwelling units above ground floor with B3 PUD, community shopping district De §Grille in Detail the Buildings and ?activities Proposed'and How the Proposed Use Meets the Standards for the Zoning Request Approval (attach additional sheets if necessary) r x SEE ATTACHED i ... O ' . .... .. U Hours of Operation Mount Prospect Department of Community Development Phone 847.818:5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 Nvww.mountprospect.org 2 TOD 847.392.6064 Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson.Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 3 TDD 847.392.6064 Address(es) (Street Number, Street) 1601 S Busse Rd. Z O Lot Area (Sq.ft) Zoning District Total Building $q. Ft. Sq. Ff. Devoted to Proposed ro 162 B3 -PUD 31522 Use 104,694 0 I Setbacks: O Front Rear Side Side a 30 ft 20 ft NIA double front 10ft* (east of Culvers) a' Building Height Lot Coverage ( %) Standard Parking Spaces Accessible Parking Spaces see site plan 75 4 Developer Name Daveri Development Group Telephone (day) 773 - 777 -5507 Address 6160 N Cicero Ave. #620 Fax 773- 736 -7909 z Chicago, IL 60646 Email je ssica @daveridevelopment.c O 1 o Attorney Name Applegate & Thorne- Thomsen Telephone (day) 312 - 499 -3312 a`, Address 322 S Green St. #400 Fax 312 - 421 -6162 IL G Chicago, Email njackson @aft- law.com t7 � a Surveyor ! Name Haeger Engineering . Telephone (day) 847 -394 -6600 Address 1300 N Plum Grove Rd. Fax 847- 394 -6608 Schaumburg, IL 60173 Email Eng'i€ieer Name Haeger Engineering Telephone (day) 847 - 394 -6600 Address 1300 N Plum Grove Rd. Fax 847 - 394 -6608 Schaumburg, I 60173 Email Architect Name Cordogan Clark & Associates Telephone (day) 630- 896 -4678 Address 960 Ridgeway Ave. Fax 630 -896 -4987 Aurora, IL 60506 Email kalbinson @co rdoganclark.com Landscape Architect Name Cordogan Clark & Associated Telephone (day) 630- 896 -4678 Address 960 Ridgeway Ave. F 630- 896.4987 Aurora, IL 60506 Email kalbinson @cordoganclark.com Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson.Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 3 TDD 847.392.6064 Please note that the application «rill not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Community Development Department's Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and completeness at the time of submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the properk grant employees of the Village of Mount Prospect and their agent's permission to enter on the property during reasonable hours for tkisual inspection of the subject property. I hereby affirm that a4Vnfonnation p rovided rn and in all materials submitted in association with this application are true and accurate to the best Mihv knowledge: Date / n L (o f /(- (signature) c- Print Name ) ! CIA2 , If applicant is not property owner: I hereby designate the applicant to act as my agent for the purpose of seeking the zoning request(s) described in this application and the associated supporting materia Property Own Date Print Name t` Mount Prospect Department of Community Development Phone 847.818:5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 4 TDD 847.392.6464 Myers Place x6oi S. Busse Summary-of Actions Requested Proposed Use (as Iisted in the zoning district) Conditional use for a PUD and dwelling units above the ground floor in a B3 Community Shopping District Describe in Detail the Buildings and Activities Proposed and How the Proposal Meets the Standards for the Zoning Request Approval Myers Place will be a mixed -use development comprised of commercial spaces and affordable housing rental apartments. More specifically, Myers Place will be a "permanent supportive housing" development which means that the apartments will be income restricted and affordable for all tenants (through calculations for income and rent based on area median income data). The development will also be supported by social service staff, both onsite and through other community linkages. One of the owners of Myers Place, Kenneth Young Center, is the existing community mental health agency in the township and will expand their highly respected, effective and life changing social service programming into permanent housing for this development. Access to high quality affordable housing is one of the most critical obstacles for people with mental illnesses to move towards recovery. Permanent Supportive Housing is a demonstrated effective model with great demand in Mount Prospect. 16oi S. Busse provides a unique circumstance for this project due to the proximity to commercial areas, other multifamily housing developments and access to downtown through PACE bus routes. x6ox S. Busse is a vacant site between Dempster and Algonquin Roads. The site has been for sale for many years with no successful proposals. A previously approved master plan contemplated two separate retail /commercial uses on the same site and Myers Place is a reasonable proposal based on the surrounding community uses and community planning objectives. The development will be nestled between more multifamily housing to the north, light commercial and retail to the west and south, and a restaurant to the east. Conditional Use Myers Place respectfully requests a Conditional Use within a PUD to allow dweIIing units above the ground floor. Myers Place will be an appropriate addition to the immediate community with no detrimental effects on existing developments nor will it create any negative impacts on property values. The old concept of affordable housing as tall and ugly "public housing" buildings from the ig4os to the 1970s no longer exists. Myers Place has been designed intentionally as a smaller development that integrates into the surroundings. The plans include green landscaping and detailed architectural design. The units are designed with the same materials and fixtures as market -rate apartments. Myers Place has been designed for energy efficiency and design distinction which will help make the development some of the most technologically advanced and best looking housing in the area. Myers Place will be located on a 2.3 acre site that is already served by all public utilities and roads. Existing drainage is more than sufficient for the proposal. Myers Place will be located on the west portion of a previously approved PUD that had contemplated both a bank and retail development, in addition to the Culver's restaurant that was erected. The existing ingress and egress, as previously developed, are sufficient for Myers Place and the intended first floor health clinic. It is intended that the commercial spaces on the first floor will be occupied by a not - for - profit health clinic that is a recognized federally qualified health center, ensuring medical services are available to low- income residents of the surrounding community. Myers Place will conform to the applicable regulations of the district in which it is located as well as meet numerous goals of the Mount Prospect Comprehensive Plan. Myers Place specifically meets the Housing Objectives of the Mount Prospect Comprehensive Plan by creating infill housing that will provide a new type of housing to residents while maintaining the density and compatibility of the surrounding uses. Myers Place will also create affordable housing for low income residents and ensure that social services are available to people with disabilities. Building Breakdown: Footprint: 10,458 sf Gross building: 31,522 sf 18 studio apartments 2x 1 bedroom apartments First floor breakdown: Commercial/ Retail (4,125) + Offices (320 + zo8 + 434) = 5,o87 sf Residential Community Room (874.) + Tech Center (137) + Laundry (z8o) + Bathrooms (12o) + Mailroom (47) + Tenant Storage (300) = 1,758 sf Other -- Mechanical Room / Building Storage (373) + Outdoor access Bike Storage (325) = 69 sf Commercial/ Residential Ratio: 74 0 /G / 26% Summary of Variations Requested Myers Place will require two variances to the B3 code with a conditional use for residential units above the ground floor. They are: z. Residential Parking Requirements z. Height limitations Parking Requirements Zoning requires a z:r parking requirement for residential dwelling units, Myers Place proposes a x.69:r ratio. Myers Place meets the commercial parking requirements for the first floor health clinic (5 spaces per I,000 sf) and will also meet the requirements of the ancillary residential spaces, when treated as commercial (q, spaces per I,000sf). We respectfully request a reduction to the za parking requirement for residential units. Permanent Supportive Housing is a unique housing model with a proven record of very few cars on site. The residents of permanent supportive housing most often do not have cars due to financial strains or the added responsibility. The strict regulations would require Iio parking spaces. Our site plan offers 79 stalls (75 regular + 4 handicapped stalls). In addition to this, Culver's has a surplus of io parking stalls that can be used for this development, for a total of 89 required spots. In addition to the proposed development, we've prepared a landbanking plan that would accommodate an additional 19 parking spaces, for a total of 98 / no. We're confident this parking won't be needed and would only reduce green space on the site, but in the event of a future change of use, the site does accommodate the greatest amount of parking needed. Therefore, we respectfully request a parking reduction of II %. The parking code does not fully acknowledge household sizes and occupancy loads for a project, which must be considered for a permanent supportive housing development. Myers Place will incorporate efficiency units and x bedroom apartments onl therefore creating a low occupancy load for the amount of dwelling units. We anticipate an occupancy load of 39 individuals, a fraction of whom will own their own cars. Our goal is to meet the commercial parking requirements and in addition provide plenty of parking for the intended use of the program. The code would undoubtedly create a sea of concrete that would go unused and increase water run off by greatly reduce the green space in the site plan. We will submit a parking analysis by KLOA, Inc. to confirm our statements that this type of use will not require a 2:I parking ratio. By reducing the parking spaces in the project there is no risk to the health, safety and general welfare of the immediate community members. The reduction in parking will improve the community by adding green space, walking paths and gardens and encouraging the use of public transportation whenever possible. Height Limits Height Limitation: Zoning allows for 35, Myers Place pro posed to be 93', which includes a 3' taII parapet. This development has been sized based on the driving economic forces underlying the development and operations of the project. Many of the costs are fixed in a permanent supportive housing development, such as: • Land • Engineering • Architecture • Title • Legal • Accounting • Third party studies • Financing fees In order to spread the cost of these development line items, it is necessary that the project reach a critical mass to ensure the development is feasible and economically wise, which means going to a 4 story structure to house 39 efficiency and i- bedroom dwelling units above the ground floor. In addition to the development costs, many of the operating costs are fixed in a permanent supportive housing development, especially staffing. It is important to staff Myers Place with an appropriate level of highly qualified individuals. The operating income must support the minimum threshold of staffing in addition to operational costs, taxes, insurance and reserves. The site is surrounded by many other multifamily dwellings above 35' tall, and as such we believe request for a variance in building height is not only necessary, but also very reasonable in order to see affordable housing for people with disabilities developed in Mount Prospect. 1601 S Busse Legal Description LEGAL DESCRIPTION OF MYERS PLACE PARCEL: LOT 2 IN PLAZA UNITED RESUBDIVISION OF LOT ONE OF PLAZA UNITED, A RESUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 22 AND PART OF THE NORTHWEST QUARTER OF SECTION 23, BOTH IN TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED ON JUNE 25, 1996 AS DOCUMENT NO. 96489523, EXCEPTING THEREFROM ALL THAT PART THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE OF 250.43 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 39.00 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, 34.00 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 38.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 27.00 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 68.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 45.80 FEET; THENCE SOUTH 88 DEGREES 58 MINUTES 20 SECONDS WEST, 61.73 FEET; THENCE NORTH 01 DEGREE 01 MINUTE 40 SECONDS WEST, 93.50 FEET; THENCE SOUTH 88 DEGREES 58 MINUTES 20 SECONDS WEST, 30.00 FEET; THENCE NORTH 01 DEGREE 01 MINUTE 40 SECONDS WEST, 75.00 FEET; THENCE SOUTH 88 DEGREES 58 MINUTES 20 SECONDS WEST, 69.00 FEET; THENCE NORTH 01 DEGREE 01 MINUTE 40 SECONDS WEST, 40.50 FEET TO THE NORTH LINE OF AFORESAID LOT 2; THENCE NORTH 88 DEGREES 58 MINUTES 20 SECONDS EAST ALONG SAID NORTH LINE OF LOT 2, A DISTANCE OF 309.50 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. LEGAL DESCRIPTION OF OVERALL PUD (MYERS PLACE & CULVER'S PARCEL): LOT 2 IN PLAZA UNITED RESUBDIVISION OF LOT ONE OF PLAZA UNITED, A RESUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 22 AND PART OF THE NORTHWEST QUARTER OF SECTION 23, BOTH IN TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED ON JUNE 25, 1996 AS DOCUMENT NO. 96489523, IN COOK COUNTY, ILLINOIS. CONTAINING 162,138 SQUARE FEET (3.72218 ACRES) OF LAND, MOE OR LESS. PIN # - 08 -13 -100 -013 j � C VICINITY MAP 2 s P" 0 PLAT OF SURVEY SCALE: V = 30' - - - - - - - - - - - -S-r-R � -T Av� OF PARCELI PART OF LOT 2 AREA 104 .694 S, F, 4 �&Z 2.40345 AC. I I I I I yl — f r1'' .ti 4 � s � ti � of }pp tg ; as SCALP: 1• • 3a' LOT I 4 +n om�"n wx•�+ � a .���. a.w mnumyn-0u. ic o �.r a••,w w�,�.. ia�zca�:v�v�.�av v"'°"m�aa^aw u..,w.: �n `� v ` �'oAr.�.aev"..swe�c�.eda ucf •"°o sm..oram y cA.. nxe, t � q 9u»ry W p.yn •ryae.rvq. LLC. bob m je nurses td Muuurg. 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Prospect, Illinois Overall Sto rmwate r Detention Calculations NOTE: (This uses the As -Built Calculations from 10103107, letter dated1014107 to the Village summarizing the as -built conditions, and bringing the HWE from the as -built 666.79' back to the 667.0 plan elevation). Prepared By: HAEGER ENGINEERING, LLC 1300 N. Plum Grove Road Schaumburg, IL 60173 Telephone: (847) 394 -6600 Fax: (847) 394 -6608 Date: December 15, 2010 Job No. 10 -122C2 REVISED STORMWATER DETENTION SUMMARY BASE=D ON AS -BUILT CONDITIONS A. TOTAL TRIBUTARY AREA (A) SITE OFF -SITE TOTAL 3.72 1.08 4.80 acres B. DEVELOPED RUNOFF COEFFICIENT Pervious Area Impervious Area = 2003 Pervious Runoff Coefficient = 2003 Impervious Runoff Coefficient = 1988 Pervious Runoff Coefficient = 1988 Impervious Runoff Coefficient = Combined Runoff Coefficent = 0.81 0.82 Net Composite Runoff Coefficient = 0.81 C. RELEASE RATE CALCULATION 0.2 1.39 2.53 - 0.88 3.41 O.So NIA Existing Runoff Coefficient = c = 0.95 NIA " / - NIA 0.25 3 Yr Storm Rainfall Intensity = i = NIA 0.95 r Combined Runoff Coefficent = 0.81 0.82 Net Composite Runoff Coefficient = 0.81 C. RELEASE RATE CALCULATION Site Area [Ac -Ft] Site Release Rate Q(Site) - Per 2003 Village Requirements Combined Area [Ac-Ft] Allowable Release Rate Q = 0.20 cis per acre = 0.74 cfs (1) Off -Site Release Rate Q(Off -Site) - Per MWRD #88 -040 0.91 Existing Runoff Coefficient = c = 0.15 Area of Site = A = 1.08 acres Time of Concentration = tc = 30 minutes 3 Yr Storm Rainfall Intensity = i = 2.45 incheslhour Allowable Release Rate Q = ciA = 0.40 cfs (2) Maximum Allowabe By Release Rate Per MWRD = 1.76 cfs acres acres Total Release Rate Allowed By Village = (1) + (2) = 1.14 cfs < MWRD Release D. DETENTION STORAGE CALCULATIDNS (See Exhibit A, Band C) PER VILLAGE OF MOUNT PROSPECT " Exhibit A calculates the required stormwater detention using TP40 Rainfall intensities for the combined site and off-site area tributary to the north pond. Exhibit B calculates the required stormwater detention using Bulletin 70 Rainfall intensities for the site area only tributary to the north pond. Exhibit C calculates the required stormwater detention using TP40 Rainfall intensities for the off -site area only tributary to the north pond. Please note that the off -site area is an existing condition. Utilizing TP40 rainfall intensilles for the existing offsite area tributary to the north pond (per MWRD #88 -040) and Bulletin 70 rainfall intensities for the proposed site area the required storage capacity is 1.24 Ac -Ft. PER MWRD SEE EXHIBIT D Volume Required Per MWRD Based on Ultimate C- Factor of 0.88 = 1.03 Ac -Ft Site Area [Ac -Ft] Off -Site Area [Ac -Ft] Combined Area [Ac-Ft] Exhibit A" TP40 0.91 Exhibit B *' 1370 1.05 Exhibit C * ** (TP40) / /r /1/ ' 0.18 feet . 1.23 _ = ', _ 0.91 " Exhibit A calculates the required stormwater detention using TP40 Rainfall intensities for the combined site and off-site area tributary to the north pond. Exhibit B calculates the required stormwater detention using Bulletin 70 Rainfall intensities for the site area only tributary to the north pond. Exhibit C calculates the required stormwater detention using TP40 Rainfall intensities for the off -site area only tributary to the north pond. Please note that the off -site area is an existing condition. Utilizing TP40 rainfall intensilles for the existing offsite area tributary to the north pond (per MWRD #88 -040) and Bulletin 70 rainfall intensities for the proposed site area the required storage capacity is 1.24 Ac -Ft. PER MWRD SEE EXHIBIT D Volume Required Per MWRD Based on Ultimate C- Factor of 0.88 = 1.03 Ac -Ft E. Detention Storage Provided 3 Ac -Ft 3 Ac -Ft 3 Ac -Ft WE) K, Values SEE EXHIBIT E Concrete Pipe in Headwall VOLUME REQUIRED PER MWRD = 1.0 Rounded lip VOLUME REQUIRED PER VILLAGE= 1.2 0.43 VOLUME PROVIDED = 1.2 F. Restrictor Design (HWE = 667.00 feet per MWRD 988 -040) 0.43 Calculation For Storage Pipe Release High Water 667.00 (AS -BUILT H Pipe Invert 660.75 Tailwater Elevation 661.08 then H 5.92 ft Calculate discharge rate based on Bernoulli equation: Q= A *(H /(((Ke +Ko)12 *g) +( (2.87 *(nA2) *L)1(D Pipe Diameter 4 inches then A= 0.0873 R and D= 0.33 It L= 6 ft Assume Ke 0.43 and Ko 1.00 and n 0.013 3 Ac -Ft 3 Ac -Ft 3 Ac -Ft WE) K, Values Concrete Pipe in Headwall Socket of bevel entrance 0.19 Rounded lip 0.1 Square Edge 0.43 Concret pipe, projecting, square edge 0.46 CMP in headwall, square edge 0.43 Then by substituting in equation Max Q= 1.14 cfs ok EXHIBIT A Storm Water Detention Facility Worksheet Using TP40 (Site & Off -Site Area) & Village Release Rate A. TOTAL TRIBUTARY AREA (A) _ SITE OFF -SITE TOTAL - 3.72 1.08 4.80 acres B. DEVELOPED RUNOFF COEFFICIENT Pervious Area = Impervious Area= 2003 Pervious Runoff Coefficient = 2003 Impervious RunoffCeefficient= - 1988 Pervious Runoff Coefficient = 1988 Impervious Runoff Coefficient =. 1 A9 < 0 -20 1 -39 acres acres 2.53 0.88 3 -41 0.50 NIA 0.95 NIA NIA 0.25 acre -R. NIA 0.95 %/ Combined Runoff Coefficent= 0.81 0.82 / Net Composite Runoff Coefficient - 0.81 C. RELEASE RATE CALCULATION Site Release Rate Q(Site) - Per 2003 Village Requirements Allowable Release Rate Q = 0.20 cfs per acre = 0.74 cis (1) Off-Site Release Rate Q(OffSite) - Per MWRD #88 -040 Existing Runoff Coefficient = c = 0.15 Area of Site = A= 1.08 acres Time of Concentration = to = 30 minutes 3 Yr Storm Rainfall Intensity = i = 2.45 inchesfhour Allowable Release Rate Q = ciA = 0.40 cis (2) Maximum Allowabe By Release Rate Per MWRD = 136 cis Total Release Rate Allowed By Village = (1) + (2) = 1.14 cfs - MWRD Release D. DETENTION STORAGE CALCULATIONS (Site and Off-Site Combined) Area Requiring Detention = 4.80 acres (Per MWRD #88 -040) .. .....e .....c ins �M_Va�• CFnem Runoff Coeff, C Storm Duration t (hours) Rainfall Intensity i(100) inlhr Drainage Area A (acres) tnfiow Rake Q(i)= ci(100) (cis.) Release Rate Q(o) Cfs. Storage Rate Q(i) -Q(o) cfs. Storage Required Q i •Q o `t 12 acre -R. 0.81 0.17 7.60 4.80 29.531 1.14 28.39 0.40 0.81 0.33 5.50 4.80 21.371 1.14 20.23 0.56 0.81 0.50 4.40 4.80 17.10 1.14 15.S51 0.66 G.81 j 0.67 3.70 4.80 14.38 1.14 iS.231 0.74 0.81 0.83 3.20 4,80 12.43 1.14 11.29 038 0.81 1.00 - 2.80 4.80 10.86 1.14 9.74 0.81 0.81 1.50 2.10 4.80 8.16 1.14 7.02 0.88 0.61 2.00 - 1.70 4.80 6 -60 1.14 5.46 0.91 0 -81 3.00 1.20 4.80 466 1.14 3.52 0.88 0181 4.00 1.00 4.80 1 3.89 1.14 2.74 0.91 0.81 5.00 0.84 410 - 3.26 1.141 2.12 0.88 0.81 6.00 0.73 4.80 2.84 1.141 1.70 0.85 0.81 7.00 0.65 4.80 2.53 1.14 1.38 0.81 0.81 8.00 0.58 4.80 2.25 1.14 1.11 1 0.74 0.81 9.00 0.53 4.80 2.06 1.14 0.92 0.69 0.81 10.00 0.49 4.80 1.90 1.14 0.76 0.64 0.81 11.00 0.46 4.80 1.79 1.14 0.65 0.59 0.81 12.00 0.43 4.80 1.67 1.14 0.53 0.53 0.81 13.00 0.401 4.80 '1.55 114 0.41 0.45 0.61 14.00 0.381 4.80 1.48 1.14 0.34 0.39 0.81 15.00 0.361 4.80 1.40 1.14 0.26 0.32 0.81 16.00 0.34 4.80 1.32 1.14 0.18 0.24 0.81 17.00 0.33 4.80 1.28 1.14 0.14 0,20 0.81 18.00 0.31 4.60 1.20 114 0.06 0.10 0.81 1900 , 0.30 4.60 1.17 114 0.02 0.04 0.81 20 0.29 4.80 1.13 1.14 0.00 0.81 21.00 0.28 4.80 1.09 1 1.14 0.00 0.00 _ -0.81 22.00 0.27 4 4.80 1.05 1.14 0.00 0 .00 _ 0.81 23.00 0.26 4.80 1.01 1.14 0.00 0.00 0.81 24.00 0.25 4.801 0.971 1A41 0.00 0.00 STORAGE REQUIRED = 0.91 Ac-ft. EXHIBIT B Storm Water Detention Facility Worksheet For Site Area Only (Per 2003 Village Requirements) A. TOTAL TRIBUTARY AREA (A Site 3.722 acres B. DEVELOPED RUNOFF COEFFICIENT Storm Duration t (hours) Pervious Area = ' :'r.19'?' : ? acres Impervious Area = Storage Rate Q(i) -Q(0) (cfs.) acres 2003 Pervious Runoff Coefficient = 0.50 0.08 2003 Impervious Runoff Coefficient = 0.95 34.12 1988 Pervious Runoff Coefficient = NIA 0.22 1988 Impervious Runoff Coefficient = N/A 9.53 Combined Runoff Coefficent = 0.81 C. RELEASE RATE CALCULATION Site Release Rate Q(Site) - Per 2003 Village Requirements Allowable Release Rate Q = 0.20 cfs per acre = 0.74 cfs D. Detention Storage Calculations for 100 -Year Storm based on Actual Release Rate: 100 -year, 24 -hour Rainfall Depth = 7.58 inches [Bulletin 70, Table 13, NE Section] Runoff Coeff. c Storm Duration t (hours) Rainfall Intensity 1(100) (inlhr) Drainage Area A (acres) Inflow Rate Q(i) =6(100) (cfs.) Release Rate Q(o) (cfs.) Storage Rate Q(i) -Q(0) (cfs.) Storage Required Q i -Q o "t 12 acre -ft 0.81 0.08 11.37 3.72 34.12 0.74 33.38 0.22 0.81 0.17 9.53 3.72 26.61 0.74 27.86 0.39 0.81 0.25 8.19 3.72 24.57 0.74 23.82 0.50 0.81 0.33 6.97 3.72 20.91 0.74 20.16 0.55 0.81 0.50 5.61 3.72 16.83 0.74 16.09 0.67 0.81 0.67 4.56 3.72 .13.69 0.74 12.95 0.72 0.81 0.83 3.97 3.72 11.93 0.74 11.18 0.78 0.81 1.00 3.56 3.72 10.69 0.74 9.95 0.83 0.81 1.50 2.65 332 7.96 0.74 7.22 0.90 0.81 2.00 2.20 3.72 6.60 0.74 5.85 0.98 0.81 3.00 1.62 3.72 4.85 0.74 4.11 1.03 0.81 4.00 1.28 3.72 3.85 0.74 3.10 1.03 0.81 5.00 1.08 3.72 3.25 0.74 2.50 1.04 0.81 6.00 0.95 3.72 2.84 0.74 2.10 1.05 0.81 7.00 0.83 3.72 2.50 0.74 1.76 1.03 0.81 8.00 0.75 3.72 2.25 0.74 1.50 1.00 0.81 9.00 0.68 3.72 2.05 0.74 1.30 0.98 0.81 10.00 0.63 3.72 1.89 0.74 1.14 0.95 0.81 11.00 0.59 3.72 1.76 0.74 1.01 0.93 0.81 12.00 0.55 3.72 1.65 0.74 0.90 0.90 0.81 13.00 0.51 3.72 1.54 0.74 0.80 0.86 0.81 14.00 0.48 3.72 1.45 0.74 0.71 0.83 0.81 15.00 0.46 3.72 1.37 0.74 0.63 0.79 0.81 16.00 0.43 3.72 1.30 0.74 0.56 0.75 0.81 17.00 0.41 3.72 114 0.74 0.50 0.71 0.81 18.00 0.40 3.72 1.19 0.74 0.44 0.67 0.81 19.00 0.38 3.72 1.14 0.74 0.39 0.62 0.81 20.00 0.36 3.72 1.09 0.74 0.35 0.58 0.81 21.00 0.35 3.72 1.05 0.74 0.31 0.54 0.81 22.00 3.72 _ _1 0.74 0.27 - 6 - 23 -- 0.49 -_ 0.81 23.00 _0.34 0.33 3.72 0.98 0.74 0.45 0.81 24.00 0.32 3.72 0.95 0.74 0.20 0.41 STORAGE REQUIRED= 1.05 Ac-ft. EXHIBIT C Storm Water Detention Facility Worksheet For Off -Site Area Only (Per MWRD #88 -040) A. TOTAL TRIBUTARY AREA (A; OFF -SITE 1.08 acres B. DEVELOPED RUNOFF COEFFICIENT Pervious Area = 0.20 acres Impervious Area = 0.88 acres 2003 Pervious Runoff Coefficient = NIA 2003 Impervious Runoff Coefficient = N/A 1988 Pervious Runoff Coefficient = 0.25 1988 Impervious Runoff Coefficient = 0.95 Combined Runoff Coefficent = 0.82 C. RELEASE RATE CALCULAMN Off -Site Release Rate Q(OffSite) - Per MWRD #88 -040 Existing Runoff Coefficient = c = 0.15 Area of Site = A = 1.08 acres Time of Concentration = tc = 39 minutes 3 Yr Storm Rainfall Intensity = i = 2.45 inchesihour Allowable Release Rate Q = ciA = 0.40 cfs (2) D. DETENTION STORAGE CALCULATIONS (Off -Site Area Only Area Requiring Detention = 1.08 acres Runoff Coeff. c Storm Duration t (hours) Rainfall Intensity i(100) inlhr ) Drainage Area A (acres) Inflow Rate Q(i)=ci(100)A (cfs.) Release Rate Q(o) Storage Rate Q(i) -Q(o) (cfs. ) Storage Required Q i -Q o 't 12 acre -ft. 0.82 0.17 7.60 1.08 6.73 0.40 6.34 0.09 0.82 0.33 5.50 1.08 4.87 0.40 4.48 0.12 0.82 0.50 4.40 1.08 3.90 0.40 3.50 1 0.15 0.82 0.67 1 3.70 1.08 3.28 0.40 2.88 0.16 0.82 0.83 3.20 1.08 2.84 0.40 2.44 0.17 0.82 1.00 2.80 1.08 2.48 0.40 2.08 0.17 0.82 1.50 110 1.08 1.86 0.40 1.46 0.18 0.82 2.00 1.70 1.08 1.51 0.40 1.11 0.18 0.82 3.00 1.20 1.08 1.06 0.40 0.67 0.17 0.82 4.00 1.00 1.0a 0.89 0.40 0.49 0.16 0.82 5.00 0.84 1.08 0.74 0.40 0.35 0.14 0.82 6.00 0.73 1.08 0.65 0.40 0.25_ _ 0.1 0.82 7.00 _ 0.65 108 0.58 0.40 0.18 0.10 0.82 8.00 0.56 1,08 0.51 0.40 0.12 0.08 0.82 9.00 0.53 1.08 0.47 0.40 0.07 0.05 0.82 10.00 0.49 1.08 0.43 0.40 0.04 0.03 0.82 11.00 0.46 1.08 0.41 0.40 0.01 0.01 0.82 12.00 0.43 1.08 0.38 0.40 0.00 0.00 0.82 13.00 0.40 1.08 0.35 0.40 0.00 0.00 0.82 14.00 0.38 1.08 0.34 0.40 0.00 0.00 0.82 15.00 0.36 1.08 0.32 0.40 0.00 0.00 0.82 16.00 1 0.34 1.08 0.30 0.40 0.90 0.00 0.82 17.00 0.33 1.08 0.29 0.40 0.00 0.00 0.82 18.00 0.31 1.08 0.27 0.40 0.00 0.00 0.82 19.00 0.30 1.08 0.27 0.40 0.00 0.00 0.82 20.00 0.29 1.08 0.26 0.40 0.00 0.00 0.82 21.00 1.08 0.2 0.40 0.00 0.82 22.00 _0_:_28 0.27 _ 1.08 0.24 _0.40 0.00 _0 0.OD 0.82 23.00 _ 0.26 1.08 0.23 0.40 0.00 0.00 0.82 24.00 0.251 1.08 0.22 0.40 O.DO 1 0.00 STORAGE REQUIRED = 0.1B Ac -ft. EXHIBIT D Storm Water Detention Facility Worksheet using TP40 (Site & Off -Site Area) A. TOTAL TRIBUTARY AREA (A) SITE Rainfall Intensity i(100) inlhr 4.80 acres B. DEVELOPED RUNOFF COEFFICIENT Release Rate Q(o) cfs. Pervious Area = Storage Required Q i -Q o - t acres Impervious Area = M09 acres MWRD Pervious Runoff Coefficient= MWRD Impervious Runoff Coefficient= acre -ft, 0.88 Combined Runoff Ceeffccent= 0.77 Combined Runoff Coefficent = 0.88 PER MWRD # 88-440 C. RELEASE RATE CALCULATION PER MWRD METHOD 30.96 MWRD Release Rate Q(OffSite) - Per MWRD #88 -040 Existing Runoff Coefficient = c = 0.15 Area of Site = A = 4.80 acres Time of Concentration = tc = 30 minutes 3 Yr Storm Rainfall Intensity= i = 2.45 incheslheur Allowable Release Rate Q = ciA = 1.76 cfa (2) Maximum Allowebe 8y Release Rate Per MWRD = 1.76 cfs " This is less than the release rate from MWRD #88 -040 of 1 -98 cfs for the north basin. D. DETENTION STORAGE CALCULATIONS (Site and Off-Site Combined) Area Requiring Detention = 4.80 acres Actual Release Rate = 1.14 cis nela..ti.... CMrono f`�In J.�Tinne 4nr 1 nn-v- 44+- Runoff Coeff. C Storm Duration t (hours) Rainfall Intensity i(100) inlhr Drainage Area A (acres) Inflow Rate Q(i)=Ci(1G0)A (cfs.) Release Rate Q(o) cfs. Storage Rate Q(i) -Q(o) cfs. Storage Required Q i -Q o - t 12 acre -ft, 0.88 0.17 7.60 4.80 32.10 1 -14 30.96 0.44 0.88 0.33 5.50 4.80 23.23 1.14 22.09 0.61 0.88 0.56 4.40 4.80 18.59 1,141 17.45 0.73 0.88 0.67 3.70 4.80 15.63 1.14 14.49 0.81 0.88 0.83 3.20 4.80 13.52 1.14 12.38 0.86 0.88 1.00 2.80 4.80 11.83 1.14 10.69 0.89 0.88 1.50 2.10 4.80 8.87 1.14 7.73 0.97 0.88 2.00 1.70 4.80 718 1.14 6.04 1.01 0.88 3.00 1.20 4.80 5.07 1.14 3.93 0.98 0.88 4.00 1.60 4.80 4.22 1.14 3.08 1.03 0.88 5.00 0.84 4.80 3.55 1.14 2.41 1.00 0.88 6.00 0.73 4.80 3.08 1.14 1,94 0.97 0188 7.00 0.65 4.80 2.75 1.14 1.61 0.94 0.88 8.00 0.58 4.801 2.45 1.14 1.31 0.87 0.86 9.00 0153 4.80 2.24 1.14 1.10 0.82 0.88 10.00 0.49 4.80 2.07 1.14 0.93 0.77 0,88 11.00 0.461 4.80 1.94 1,141 0.80 0.74 0.88 12.00 0.43 4.80 1.82 1.14 0.68 0.68 _ 0.88 13.00 0.40 4.80 1.69 1.14 0.55 4.60 0.88 14.00 0.3a 4.86 1.61 1.14 0.47 0.54 0.88 15.00 0.36 4.80 1.52 1.14 0.38 0.46 0.88 16.00 0.34 4.80 1.44 1.14 0.30 0.39 0.88 17.00 0.33 4.80 1.39 1.14 0.25 0.36 0.88 18.00 0.31 4.80 1.31 1.14 0.17 0.25 0.88 19.00 0.30 4.80 1.27 1.14 0.13 0.20 0.88 20.00 0.29 4.80 1.22 1.14 0.08 0.14 0.88 1 21.00 0.28 4.80 1.18 1.14 0.04 0.07 0.88 22.00 0.27 4.80 1. 14 1.14 0.00 0. 00 - 0.88 23.60 _ 0. 4 .80 1.10 1:1 4_ O.DO 0.00 0.68 _ 24.00 D.25 _ 4.80 1.06 1.14 0.00 0.00 STORAGE REQUIRED PER MWRD = 1.03 Ac -ft. EXHIBIT E1 (AS -BUILT CONDITIONS) LOT 2 - PLAZA UNITED SUBDIVISION Pged 1O122C2 By; TAS tma m YkxntPmpeM1L - Average Cumulative Elelratlwl Area Area Depth Vdunle Vdume Vdume fee s feet ctlicleN acre feet sae feet _ 662 . 734 . .... : 05 1 367 1 0.01 1 .. ,..... Average Cumulative Elevation Area Arm Depth Vdume Vdume vol— teat feet wbic feet aree faet acre feel 661.1 0 i 0 . -:. 1 88 0.9 7B 0.00 POND2 ED.-h n feet Area Arerege Area Depth feet VduRle wdc feet Vdume aoefeet Cvmuls5ve Volume acretee[ �o 580 .:... ... ....... .. - .,,.:a 18 rnra� ... 686.79 507 387 2 615 0.01 42 9,62 560 1 2,107 0,21 Ache -Fee[ Era sad Sewer Now Existin ; ••••560 t. 580 0 122 C.00 0.02 o� TOTAL 1 23 AueFeet �o�artrra� ED.-h n feet Area Arerege Area Depth feet VduRle wdc feet Vdume aoefeet Cvmuls5ve Volume acretee[ 665.20 580 .:... ... ....... .. - .,,.:a 18 0 ... 686.79 507 387 2 615 0.01 42 9,62 560 1 2,107 0,21 Ache -Fee[ Era sad Sewer Now Existin ; ••••560 t. 580 0 122 C.00 0.02 667 TOTAL 1 23 AueFeet Existing Storage in Previously Constrrwted 64" Diameter Sewers Pipe Diameter Pf¢a Length Prey�deC Vo[ume P[pvided Per Plan Ordiesl f6F1 IFaeO [CUhio-Feet) Sd - 1590 576 8,161 P[opoeed Storego in Newly Coh»nructed 24" & 54" Diameter Semm Pipe Oia_W inches Prea Length Piovidetl eat Vdume Provided Pef Plan Cuuio-Fee 12 0.79 238 167 15 1.23 91 112 18 1 -77 287 507 24 3.14 37A I 1,010 42 9,62 219 1 2,107 TOTALSTORAGE PROVIDED 666.79 AS -BUILT FIWE' POND 1 FA5T 0.30 ACre-FeO POND t wES7 0.51 Acre-Fed POND 2 d 3 0 07 Acre -Feet POND 5 0,02 Acre-Feel Evis[in Sewer TO Remain 0,21 Ache -Fee[ Era sad Sewer Now Existin C 09 Acre -Feet Parki Lot 5ror a 0.02 Acre -Feet TOTAL 1 23 AueFeet EXHIBIT E2 (AS-- BUILT CONDITIONS LOT 2 - PLAZA UNITED SUBDIVISION Project: 10 -122C2 Location: Mount Prospect, IL PARKtlJR 1 nT CTnPAhF - .Cnl ITNWFST nF PeWn 913 By: TAS Elevation feet . Area s Average Area s Depth €eet Volume cubic feet Aacrefeet Cumulative Volume acre feet 6.31 0 - 0 0 . - . 1091 0.48 523 0.55 132 666.79 2,181 666.79 481!' .. ., 0.012 PARKINf� 1 nT CTnRAnF - FAST nF RI 111 r11N1; INnRTH] Elevation feet Area s Average Area s Depth feet Volume cubic feet Volume acre feet Cumulative Volume acre feet 666.24 0 �.. .. 0 p r 241 0.55 132 0.003 -' 666.79 481!' .. ., .: 0.002 0Al2W1Wf'_ 1 nT CTnRAf_F _ FACT nF RI 111 nINP lQn11TWI Elevation feet Area s Average Area s Depth feet Volume cubic feet Volume acre feet Cumulative Volume acre feet 666.3 0 �.. .. 0 p r 182 0.49 89 0.002`'4 -' 666.79 547 .. ., .: 0.002 PARKIN(: 1 nT CTnRA(:F - Ar{'.FSS R Elevation feet Area s Average Area s [Depth €eet Volume cubic feet Volume acre feet Cumulative Volume acre feet 666.44 0 �.. .. 0 p r 420 0.35 147 0.003 666.79 1,260 0.003 KeniMUrtdgr n6COMma, 3t a t mc � ' 3. `. _ ; 8_51(Si O .. i , [.l- `)913' MEMORANDUM TO: Jessica H. Berzac Daveri Development Group FROM: Michael A. Werthmann, PE, PTOE DATE: January 11, 2011 SUBJECT: Parking Evaluation Myers Place Mount Prospect, Illinois This memorandum summarizes the results of a parking evaluation conducted by Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA, Inc.) for a proposed supportive housing development to be located in Mount Prospect, Illinois. The site of the development is part of a mixed -use development that is located in the southeast quadrant of the Dempster Street/Busse Road intersection and contains a Culver's restaurant of which 67 spaces are located on the Culver's site and one space is located on the Myers Place site. Cross access and shared parking will be provided between the proposed development and the Culver's restaurant which currently provides 68 parking spaces. Lastly, the mixed -use development has cross access with Plaza United that is located in the northeast quadrant of the Algonquin Road/Busse Road intersection. As proposed, the supportive housing development is to contain a total of 39 apartments for people who are living with mental illness and 4,125 square feet of medical office space. A total of 79 parking spaces (78 new spaces plus the space located on the Culver's site) and 19 landbanked parking spaces arc to be provided as part of the proposed supportive housing development. The 67 parking spaces currently provided on the Culver's restaurant site exceeds the Village's parking requirements by ten spaces. Therefore, from a zoning analysis, the proposed supportive housing development will provide a total of 108 parking spaces (89 constructed spaces and 19 landbanked spaces). The overall mixed -use development will provide a total of 165 parking spaces (146 constructed spaces and 19 landbanked spaces). The purpose of this evaluation was to determine if the total parking to be provided by the supportive housing development is sufficient to meet its peak parking demand. Village' of Mount Prospect Parking Requirements Table 1 illustrates the total number of parking spaces required for the proposed supportive housing development and the Culver's restaurant per the Village of Mount Prospect zoning code. It should be noted that the Village has requested that the first floor office space and community room associated with the supportive housing development be evaluated as commercial space in case the development is ever converted. KLOA, Inc. Transportation and Parking Planning C:`� rsuitanis FM Table 1 PARKING REQUIREMENTS PER VILLAGE OF MOUNT PROSPECT Parking Size Requirements ------ Supportive Housing Development • Apartments 39 units 2 spaces per unit 78 spaces • Medical Office 4,125 square feet 5 spaces per 1,000 square feet 21 spaces • Commercial' 2,723 square feet 4 spaces per 1,000 square feet 11 spaces Total 110 • Culver's Restaurant 4,754 square feet 12 spaces per 1,000 square feet 57 spaces 1. The commercial space consists of the first floor office space and the community room associated with the operation of the supportive housing. development. However, the Village has requested that this space be evaluated as commercial space. From Table I it can be seen that the supportive housing development is required to provide 110 parking spaces assuming the first floor is used as commercial space or 99 parking spaces assuming the first floor space is used as part of the supportive housing development. As such, the 108 parking spaces (89 constructed spaces and 19 landbanked spaces) to be provided by the supportive housing development exceeds the parking requirements (99 spaces) of the supportive housing development and medical office space and is only two parking spaces short of the parking requirements (110 spaces) assuming the first floor is used as commercial space. Projected Parking Demand_ A total of 32 parking spaces are required to meet the Village's parking requirements for the medical office space and assuming the analysis that the first floor will be used as commercial space. Therefore, 76 parking spaces are available for the 39 supportive housing units for a parking ratio of 1.95 parking spaces per unit. This provides a very conservative (worst case) analysis as (1) it assumes that the first floor is used as commercial space (requirement of 11 parking spaces) and (2) does not assume any shared parking reduction between the various uses. Nevertheless, the following analysis clearly demonstrates that supportive housing developments have considerably lower parking requirements than the 1.95 parking ratio that is to be provided for the supportive housing units. Operational Analyses Supportive housing developments have greatly different parking characteristics than a typical residential development. First, the majority of the residents in supportive housing developments do not own a vehicle. This is evident in Table 2 which shows the number of residents who own a vehicle versus the number of occupied units at five similar developments within the Chicago area. The table is based on information obtained from Daveri Development Group and is included in the Appendix. From Table 1 it can be seen that the supportive housing developments had an 0.08 to 0.14 vehicle ownership per occupied unit ratio. Second is the fact that supportive housing developments typically have a Iimited number of employees. 2 The proposed development is expected to have a maximum of five employees working at one time. As such, it can be seen that 76 spaces are sufficient to meet the peak parking demand of the proposed supportive housing development. Table 2 SURVEY OF RESIDENT VEHICLES AT OTHER SUPPORTIVE HOUSING DEVELOPMENTS Occupied . Residents with Vehicles per Facility Units Vehicles Occupied Unit Independence Center, Waukegan, Illinois 44 4 0.091 English Manor, Waukegan, Illinois 14 2 0.143 Grand Apartments, Rockford, Illinois 45 5 0.111 Spaulding and Trumbull Apartments Chicago, Illinois 25 2 0.080 New Hope Apartment Building, 79 7 0.089 Peoria, Illinois Surveys of Existing Supportive Housing Developments In addition, to the operational analyses, parking surveys were performed at several similar supportive housing development as discussed below. + Parking surveys were conducted by KLOA, Inc. in 2010 at the Independence Center located in Waukegan, Illinois. The surveys were conducted every two hours from 7:00 A.M. to 7:00 P.M. on a weekday and a Saturday. Table 3 illustrates the results of the parking surveys which show that the development had a peak parking demand of four vehicles or a maximum parking ratio of 0.09 vehicles per unit. Parking surveys were conducted by the operators of the Spaulding and Trumball Apartments in Chicago, Illinois and at the New Hope Apartment Building in Peoria, Illinois. The surveys were conducted on a Monday and Wednesday in 2010 during the evening (7:00 P.M. to 8:00 P.M.). Table 4 illustrates the results of the parking surveys that show that the developments had an evening parking demand of between 0.08 to 0.13 vehicles per occupied unit. From Tables 2 and 3 it can be seen that the three existing facilities had a peak parking demand well below the 1.95 parking ratio to be provided by the proposed supportive housing development. Table 3 PARKING SURVEYS - INDEPENDENCE CENTER, WAUKEGAN, ILLINOIS Number:.of Parked Vehicles Time Saturday, January 30, 2010 Tuesday, February 2, 2010 7.00 A.M. 4 4 9:00 A.M. 4 2 11:00 A.M. 3 1 1:00 P.M. 3 1 3:00 P.M. I I 5:00 P.M. 0 2 7:00 P.M. 1 4 Note: Independence Center has a total of 44 units that are currently all occupied. Table 4 PARKING SURVEYS - SUPPORTIVE HOUSING DEVELOPMENTS Other Parking Surveys It should be noted that parking rates for supportive housing developments are not provided in neither the Parking Generation Manual, 3` Edition, published by the Institute of Transportation Engineers (ITE) nor the Shared Parking Manual published by the Urban Land Institute (ULI). The land use most similar to supportive housing developments that is included in the publications is assisted living facilities. Based on the TTE Shared Parking Manual, assisted living facilities have an average peak parking demand of 0.33 vehicles per dwelling unit which is considerably less than the 1.95 parking spaces per unit ratio to be provided by the proposed supportive housing development. C! Monday Wednesday Vehicles per Occupied Occupied Unit Facility Units 7 P.M. 8 P.M. 7 P.M. 8 P.M. (maximum)_ Spaulding and Trumbull 25 2 2 0 1 0.080 Apartments 1 New Hope Apartment 79 g 10 8 10 0.126 Building 1 = Parkine survevs performed by ooerator of the facility. Other Parking Surveys It should be noted that parking rates for supportive housing developments are not provided in neither the Parking Generation Manual, 3` Edition, published by the Institute of Transportation Engineers (ITE) nor the Shared Parking Manual published by the Urban Land Institute (ULI). The land use most similar to supportive housing developments that is included in the publications is assisted living facilities. Based on the TTE Shared Parking Manual, assisted living facilities have an average peak parking demand of 0.33 vehicles per dwelling unit which is considerably less than the 1.95 parking spaces per unit ratio to be provided by the proposed supportive housing development. C! Culver's Restaurant Parking Surveys As indicated. previously, cross access and shared parking will be provided between the supportive housing development and the Culver's restaurant. In order to determine the parking demand of the Culver's restaurant, parking surveys were conducted during the midday (lunch) and evening (dinner) peak periods. The parking surveys were conducted every half hour on Saturday and Wednesday, December 18 and 22, 2010 from 11:00 A.M. to 1:30 P.M. and 4:00 P.M. to 7:30 P.M. Table 5 presents the results of the parking surveys. From Table 5 it can be seen that the Culver's restaurant had a peak parking demand of 34 parking spaces which is 23 spaces less than the 57 parking spaces required by the Village. As such, the parking analysis of the supportive housing development and the existing parking surveys of the Culver's restaurant clearly show that the 165 parking spaces to be provided will be sufficient to meet the peak parking demand of both the supportive housing development and the Culver's restaurant. Table 5 CULVER'S RESTAURANT PARKING SURVEY 7:00 P.M. 17 16 7:30 P.M. 20 16 5 Parked Vehicles Time Wednesday, December 22, 2010 Saturda , December 18, 2010 11:00 A.M. 8 7 11:30 A.M. 13 10 12:00 Noon 16 25 12:30 P.M. 25 34 1:00 P.M. 17 34 1:30 P.M. 15 25 4:00 P.M. 6 10 4:30 P.M. 5 14 5:00 P.M. 7 10 5:30 P.M. 14 13 6:00 P.M. 13 18 6:30 P.M. 13 16 7:00 P.M. 17 16 7:30 P.M. 20 16 5 Conclusion The parking evaluation has shown that the 108 parking spaces (89 constructed spaces and 19 landbanked spaces) to. be provided by the supportive housing development is sufficient to meet its peak parking demand and that the 165 parking .spaces (146 constructed spaces and 19 landbanked spaces) to be provided within the mixed use development is sufficient to meet the peak parking demand of both the supportive housing development and the Culver's restaurant. This conclusion is based on the following, • The 108 parking spaces. to be provided by the supportive housing development exceeds the Village's parking requirements (99 spaces) of the supportive housing development and the medical office space and is only two parking - spaces short of the Villages parking requirements (110 spaces) assuming the first floor is used as commercial space. • Supportive housing developments have a very low number of residents that own a vehicle and a limited number of employees. • The parking surveys of several existing supportive housing developments have shown that they have a parking ratio considerably lower than the 2.0 ratio required by the Village and the 1.95 ratio to be provided by the development. • The surveys conducted at the existing Culver's restaurant show that its peak parking demand is appreciably lower than the 57 parking spaces that are required by the Village. 11 -004 Berzac Myers Place Mount Prospect January 112011 maw 6 Appendix Independence Center Mr. Larry Pusateri . Lighten -Gale Group 203 N. Wabash Ave., Ste. 608 Chicago, IL 60601 To Whom It May Concern: Re: Parking requirements for .mental health supported housing Independence Center has 44 Housing units in which to place our members. We usually have full occupancy. There are now 48 residents in the 44 units. Of the 48 residents, only four individuals have autos and one of these is having his car repossessed because he can't keep up with his loan. There are two cars in the English Manor parking lot with 14 residents living in 12 apartments. This ratio is very typical. At the Center, we have approximately 60 individuals attending each day. Of these, only four or five drive their own vehicle to the program. Over the years, I have noticed that persons with mental illness, especially if they are on Social Security Disability or SSI, who buy a car (usually a clunker) soon find that they can't afford either the payments or the repairs. In spite of this, the City of Waukegan has insisted that we provide two parking places for each apartment. The result is that we have very empty parking Iots. I have even been approached by landlords with offers to purchase our properties because they assume we have empty buildings when they don't see any cars in the lots. Call me if I can be more helpful on this topic. I am available Monday through Friday between 8:30 AM and 5:00 PM at (847) 244 -4442. Sincerely, Michael Pierce .Executive Director 2025 Wnshingtan St.. Wnukegnn,11, 6008 - - -5 (847) 360 -1020 FAX (847) 3450.1065 Hoard of Directors: Dr. Robert K. Heinrich, President • Julie Jurikin, Esecutivc Vise President - Oiza Davies, Secretary - Javier Delgado. Vice Precident/rinance • Karen Scliurnucher, Treasurer • Jamie Dunz • Veronica L•d%%ards • Dennis Munk - Anne (=aitetson • lames Pick • Marinrie S%%jnsen • - r roux Hous:, Amp Swenson - rdu�ard Tnpa - Richard Whalley crrvmv, , Page I of 2 Jessica Beraac From: Brad ;Rocs [Brad Roos@71ondevelopme Seat: Thursday, January 28, 2010 8:75 PM To: Jessica@daveridevelopment.corn Cc: Cindy Thomas Subject: FW A little help... Follow Up Flag: Follow u.p Flag Status: lied Jessica, At the Grand Apartments we have 45 efficiency apartments for adult men and women whe have came out of homelessness. Amazingly p few of them have cars. One woman used to steep in hers. All in all, about 5 people have cars that work and who use them. We have a municipal lot right next to our building and the City of Rockford has kindly allowed our residents to use that lot. It is dramatically underutilized anyway so there is no loss of service to other vehicles. But for the most part, these people do not have two dunes to rub together let alone o - wn and m intafn a car. They are comin frog the streets, shelters, and jail. Those who have cars came to us early on and have been with us for many years. A few folks got cars while at the Grand and some of them have moved on. I rope that information is helpful. Let me know if there is any other way we can be of assistance. I am so glad you are pursuing your project. FStl is such an effective way to end homelessness and I know you all will do a great job. Kind regards, Brad Brad Roos l xecutive Director ZION Development Coilloration P4 Box Rockford, IL 61110 -o887 Phone. &5.964.8280, Mt. 15 Fax. 815.964.8289 Email: brartrnas�'aioncfcvelo�s�?t �r��m. Webpage: uvw•xv.7a ondeye]2pment. coin From: Cindy Thomas [mailto:cindy.thomas0csh.org] sent: Tuesday, January 26, 2010 11:34 AM To; Brad Roos Subject: FW: A little help... Brad, I wonder if you wouId be able to help your fellow Institute team, The Task Force, wlany data you gave about panting needs at your project. Cindy Thomas 21412010 February 4, 2010 Jessica H. Berzac 'Mice President of Acquisition and Development Daveri Development, LLC 61.60 N. Cicero Ave Ste 620 Chicago, 11 60646 Dear Jessica, Spaulding and Trumbull Apartments is a permanent supportive housing project for single parents and children in Chicago's Lawndale neighborhood. We have a total of twenty- five units that are currently all occupied. We currently have two residents that have cars total, and therefore our existing parking lots are always empty. nnielie Rai&s Property Manager Spaulding & Trumbull Page t of t Jessica Berzac From: Ivan Williams Sent: Thursday, February 04, 2010 3:50 PM To: Jessica@daveridevelopment_com Subject: RE, Cars Currently, 7 residents have vehicles. This is the most we've carried at any time. We averaged 5 for most of 2009. Ivan L. Williams Property Manager New Hope Apartment Building 341 ME Jef ers;or► Peoria, IL 51602 (309) 679 -7310 ext. 135 (office) (773} 406 -0692 (cell) (309) 679 -9632 (fax) From: Jessica Hoff [ mailto .jessira @daveridevefopment.com] Sent: Thu 21412010 2:44 PM To: Ivan Williams Subject: Cars Ivan - how many residents have cars right now? What has been the average? ,Jessica H. Berzac Vice President of Acquisition and Development Daveri Development, LLC T: 773.777.5507 C. 773.936.5014 E: 'essica daveridevele ment.com 2,14/2010 January 12, 2011 Dear Mayor Wilks and Trustees, I am sending you this letter in support of the mixed -use supportive housing development being proposed by the Kenneth Young Center and its partner, Daveri Development Group. The plan is an innovative approach to balancing the critical mental health needs of our community and the concerns of our neighbors and the Village. I will leave the discussion of the details and benefits of the development plan to those most familiar with it. What I want to address is the main distinction between this project and others like it that have been proposed in other communities — the Kenneth Young Center. Having the Kenneth Young Center as a partner in this development brings a local presence that is impossible to duplicate. They have a 40 -year history of providing outstanding mental health and senior support in our community and this project represents a significant investment to expand the care they provide to our families. As a Trustee of Elk Grove Township, I am very familiar with the services that the Kenneth Young Center provides to our community. The Township was among its founding members and it remains a major financial supporter of their programs. Given the drastic cutbacks in state and federal support for all social services, this development stands as a prime example that other solutions exist — if they are only given the chance to succeed. I realize all to well that there may be resistance from the surrounding community to this proposal. It's completely understandable, especially with a development as unique and innovative as this one. However, I know that you will do your best to work with all the interested parties to find a way to make this development a reality. Having worked directly with most of you in my role on the renovation of Saint Paul Lutheran Church several years ago, I can speak first hand to the committed effort and hard work that you and the Village Staff put into these endeavors. In closing, I would like to relate a personal experience that was brought to mind when I was hearing about this proposal for the first time. Nearly 50 years ago, my sister was diagnosed as being "Mentally. Retarded". It's a term that is no longer used these days, but it was vast improvement over what had gone before it. In those days, when faced with this tragic news the family was expected to quickly and quietly have the child committed to an institution. But thankfully, my parents learned of a new and then radical concept, to keep the child at home. with , their family and send them _to a special day school where they would be taught and loved just like any other child. It took many years for this approach to take hold and become the norm, but it faced skepticism and deep resistance all along the way. It eventually prevailed and became the norm because the concept was simply better for the child and the family. Given the opportunity, it was able to prove that fact to even its greatest detractors. I hope that you will be able to see the current proposal before you in the same way. Not just how different it is from what we know now, but how it will dramatically improve the lives of those people in the future. Sincerely, Gregory C. O'Brien, Trustee Elk Grove Village 2 W. Hiawatha Trail Mt. Prospect, IL 60056 nflml National Alliance on Mental Illness January 11, 2011 Dear Village Trustees: Kenneth Young Center has been a part of our community for over 40 years. In this time, they have established an excellent reputation as a state of the art provider of community mental health services. The project Kenneth Young has proposed will improve the immediate location and at the same time provide needed housing to keep people who have grown up in our community in our community. Indeed finding affordable, supportive housing is a big challenge for people with mental illness. There is a demand in the Northwest Suburbs for over 5000 units and at this time none exist in the community. Many end up living with relatives, in nursing homes, prisons, expensive and unsupportive housing, or on the streets. On the other hand, adults with serious mental illness who do find affordable, supportive housing usually thrive in such conditions.. Supportive housing is also an evidence -based practice and saves government entities money at the same time. We can think of no better provider for this housing project than Kenneth Young Center and we support their efforts to make this happen in Mount Prospect. Sincerely, P. 0. Box 68052 NAMI Elk Grove /Schaumburg Schaumburg, IL 60168 Phone: (630) 302-2530 Email: namieasch@yahoo.com www,namiegsch.org Dear Village Trustees: Kenneth Young Center has been a part of our community for over 40 years. In this time, they have established an excellent reputation as a state of the art provider of community mental health services. The project Kenneth Young has proposed will improve the immediate location and at the same time provide needed housing to keep people who have grown up in our community in our community. Indeed finding affordable, supportive housing is a big challenge for people with mental illness. There is a demand in the Northwest Suburbs for over 5000 units and at this time none exist in the community. Many end up living with relatives, in nursing homes, prisons, expensive and unsupportive housing, or on the streets. On the other hand, adults with serious mental illness who do find affordable, supportive housing usually thrive in such conditions. Supportive housing is also an evidence -based practice and saves government entities money at the same time. Our son, Neal has been a client of Kenneth Young for three years. After being in and out of the hospital and in nursing homes for three years, he is now living with us and thriving under Kenneth Young's day programs in vocational training and psycho - social rehabilitation. Neal would learn to live on his own in a supportive housing program such as this and at the same time live near us to receive family support which research has shown to be an integral part of recovery. We can think of no better provider for this housing project than Kenneth Young Center and we support their efforts to make this happen in Mount Prospect. Sincerely, Robert and Barbara Royce 917 Thames Circle Schaumburg, IL. 60193 Officers & Board of Directors Co- Presidents Hugh Brady President, NAM[ Illinois Hilary Ives NAMI Northwest Suburban Vice President Mary Lou Lowry NAMI DuPage County Secretary Judy Graff NAM[ Cook County North Suburban Co- Treasurers Gertrude Rodig NAMI Northwest Suburban Julie Savastio Co- President, NAMI Cook County North Suburban Other Board Members Catherine Barrett NAMI Northwest Suburban Faith Branstrom 14AMI Elk Grove/Schaumburg Star Roberts Co- President, (NAM] Northwest Suburban Advisory Board '[Caren Baker Northwest Community Hospital Hon. Suzie Bassi State l; tepresentattue, House District 34 Scott Burgess Executive Director, Alexian Center for Mental Health Arlen Gould Eileen Higgins Division Manager, Catholic Charities Cook County Gerry Keilman Hon. Rita Mullins Fortner Mayor of Palatine Principal, Litco Municipal Group Sue Shimon Alliance to End Homelessness in Suburban Cook County Hon. Sheila Schultz, Former Village President of Wheeling Todd Stull Clinical Director, Hope Center Donna Woods, M.D. Alexian.Brothers Behavioral Health Hospital 4 January 2011 Hon. Irvana K. Wilks and Members of the Village Board Village of Mt. Prospect 50 S. Emerson St. Mt. Prospect, IL 60065 Dear Mayor Wilks and members of the Board: I am writing in support of the permanent supportive housing apartment for individuals with mental illness, which the Kenneth Young Center is proposing to build at the corner of Algonquin and Busse Rd. As you may know, there is a tremendous shortage of supportive housing for people with mental illness in Illinois, and the shortage is particularly acute in the northwest suburbs. Studies have shown that there is a demand in the northwest suburbs for over 5000 units of this type of housing, and at this time very little exists in our area. Approximately 6% of the population is living with a major mental illness, and many of these people are currently inappropriately housed — many living with aging parents, in nursing homes, homeless shelters or even on the street. The proposed apartment building will help correct this problem. This project will improve the immediate location and provide needed housing to keep people who grew up in our community in our community, encouraging them to live independently, both financially and socially. Kenneth Young Center has been a part of our community for over 40 years. In this time, they have established an excellent reputation as high quality and reliable provider of community mental health services. They will most certainly be an ideal service provider for this project. The Task Force wholeheartedly supports the Kenneth Young Center's effort to make thi project happen in Mt. Prospect, and we hope the Village Board will do the same. Very truly yours, . /�_� Hugh Brady, Co- President The North /Northwest Suburban Task Force on Supportive Housing for Individuals. with Mental Illness is a 501(c) (3) non- profit. http: / /housinytaskforce.ore// • 272 Jules Rd., Palatine, IL 60067 Carolyn H. Krause 204 South George St. Mount Prospect, IL 60056 January 5, 2011 Mayor Irvana K. Wilks and Trustees of Mount Prospect Village Board Village Hall 50 South Emerson St. Mount Prospect, IL 60056 Dear Mayor Wilks and Trustees, Re: Support for Kenneth Young Center Housing Development I was pleased to hear that the Kenneth Young Center and its partner, Daveri Development Group, have submitted a proposal to the Village for a permanent supportive housing project at Dempster and Busse. This project will give a strong helping hand to individuals suffering from mental health disabilities. It will address the severe shortage of the housing needs in our area for individuals and small families with mental illness. The deficiency of housing in the Northwest suburbs for these residents is well over 5000 units. The venture, to be called Myers Place, will benefit our community in numerous ways. I am well familiar with the Kenneth Young Center, having worked with them through the years as a state representative. They have the professionalism, expertise and a caring philosophy to serve the needs of the people of Myers Place. The support services that will be made available to this most deserving population will include mental health care, employment assistance, education classes and other quality services to assist them in becoming viable members of our area. I give this program my whole- hearted support. I urge your favorable consideration for this fine development. .Very truly yours, Carolyn H. Krause NORTH WEST HOUSING E S } a ?-° December 30, 2010 Village of Mount Prospect Board Trustees 50 S. Emerson Mount Prospect, If_ 60056 Dear Mount Prospect Board Trustees, 1699 E. ` OODFIELD ROAD, D, SS V'ITE 4- -04 6CHAUMBURG, li- LINOis 603,73 PHohTE: 847.969-0561 1 FAX: 847.96 Please accept this letter of support for the Kenneth Young Center's proposed permanent supportive housing development. Kenneth Young Center has been a part of our community for over 40 years. In this time, they have established an excellent reputation as a state of the art provider of community mental health services. The housing need for people with mental health disabilities in this area is clear, evidenced by the fact that there is a demand in the Northwest suburbs for over 5000 units and at this time none exist in the community. I can think of no better provider for this type of support services delivered in the community. This project will improve the immediate location and provide needed housing to keep people who grew up in our community in our community, encouraging them to live independently, both financially and socially. 1 whole heartedly support KYC's effort to matte this happen in Mt. Prospect. Very truly yours, Holly Fracca Executive Director PO Box a ii. .qq Barrington, 60010 400 Dear Mayor Wilks and other Board Members: This letter is to support the supportive housing apartment building for individuals with mental illness that the Kenneth Young Center is hoping to build near the corner of Busse and Algonquin. As the president of a local chapter of the National Alliance on Mental Illness (NAMI), I can tell you that there is a tremendous shortage of supportive housing for people with mental illness in the northwest suburbs. The demand is very high and the supply is almost nonexistent. Permanent supportive housing is an excellent solution to the problems faced by people with mental illness who are capable of living independently. The services are provided on site, so the therapeutic staff has daily contact with the residents and can easily monitor their progress and treatment plans. This approach has been endorsed by Governor Quinn's Nursing Home Safety Task Force, and by Judge Hart in the recent decision in the Williams v. Quinn case_ In addition, many careful studies have shown it to be a research -based best practice. The Thresholds psychiatric rehabilitation group, one of the largest mental health service providers in Illinois, reports that in a well -run permanent supportive housing apartment, between 70 and 80% of the residents will see their mental illness symptoms completely disappear. Not only will this project benefit people with mental illness, it will benefit Mt. Prospect as well. The project will improve the immediate location and provide needed housing to allow people who grew up in our community to remain in our community, as well as encourage them to live independently, both financially and socially. The Kenneth Young Center has been a part of our community for over four decades. They have established an excellent reputation as high - quality and reliable provider of community mental health services. They will make an ideal service provider for this project. We support the Kenneth Young Center's effort to make this project happen in Mt. Prospect, and hope the Village will allow the project to go forward. Sincerely, ep I Jason, P sident Inc gROVE rl' OWN ' S�fq P 2400 S. ArCington 9- Ceights 'Road ArCington Tkights, ZlCinois 60005 TO WHOM IT MAY CONCERN: It has come to my attention that the Kenneth Young Center is interested in pursuing living quarters for the mentally challenged in our communities. The need for such housing is immense and so very much needed. This need has been know for many years. The Kenneth Young Center has been a part of Elk Grove Township for over forty years, doing the job the State of Illinois and Cook County choose not to do. For over the forty years, Elk Grove Township has been a sponsor of this organization, both morally and financially. I can think of no greater organization to take on this challenge than KYC. I know they are up to the challenge of providing the best service for their clients as well as the Village of Mt. Prospect. I know it is never easy doing the right thing and in this case I recognize there will be those who will not agree the need or placement of such a facility is indeed necessary, but that being said we all know it is needed and necessary. I also know that the Kenneth Young Center will do all in their power to see that this facility is a model for them and the Village. They will be good neighbors and see that all that is expected of them will be complied with. You can rely on their reputation as a state of the art provided of community mental health services. The Village of Mt. Prospect can expect no less of them when it comes to a project such as this. It is my wish that the Village will give this proposal its full consideration. Nanci L. Vanderweel Supervisor 847. 437. 0300 fax 847. 437. 0434 elkgrovetownship.com December 22, 2010 Sir/ Madam, I would like to express my support for the permanent supportive housing project currently being proposed by the Kenneth Young Center on the south side of Mount Prospect. Not only will this development be of great value to a segment of our community in need of quality. housing for independent living, but it also offers a great many advantages to the Village and the surrounding neighborhood. Development plans call for an attractive brick building with 39 units, a community healthcare center and ground level retail space. The building will be a positive addition to the appearance of the area, its healthcare center will offer services to the nearby residents and the retail space will generate sales tax dollars. At the same time, IHDA funding, a respected and successful developer, and the long term commitment of the Kenneth Young Center leadership make this a relatively safe project both financially and operationally. The Kenneth Young Center has been a part of our community for over 40 years. In this time, they have established an unsurpassed reputation as a state of the art and compassionate provider of community health services. We in the Northwest Suburbs are fortunate to have them as part of our community. The.housing -need for individuals with mild to moderate mental health disabilities in this area is well documented. There is currently a demand in the Northwest suburbs for over 5000 units yet today none exist. This project will be an important first step in providing the housing that will allow these individuals, who grew up in our community, to be able to stay in our community. It will make available a housing option that will encourage them to live independently, both financially and socially, and to become productive, contributing members of our village and community. I support the Kenneth Young Center. permanent supportive housing project and ask you, as a community leader, to support it as well If you have any questions please do not hesitate to cont t me. Geor e: rage t of r Main Identity From: "Carl Magnussen - R3Redistribution Chicago" < Carl. Magnussen @r3redistribution.com> To: <mitchb @kennethyoung.org> Sent: Sunday, Januetry 16, 2011 4:30 PM Subject: Thank you for all that you do. Mr. Bruski, My name is Carl Magnussen. I have worked in Elk Grove for 25 years and I have worked out at the Pavilion in Elk Grove for 10 years: I have now lived in Elk Grove for 5 years. The reason have stated all of this is that, during that time, I have heard of so many lives that your agency has touched and helped. I rarely write a letter like this, but I felt in this case I should. The Kenneth Young Center has helped friends of mine and friends of friends of mine. You help people in so many different ways I do not want to even start to list all the things that I have heard of: Besides, I am sure that you know of all of them. I am guessing that there are some that I have never heard of. I am also sure that it has to be extremely hard to keep all of this going the way the economy has been. Thank you for all the people that you have helped and all that you have done for the Elk Grove area. Sincerely, Carl Magnussen R3 2301 Lunt Ave. Elk Grove Village, 1160007 847- 952 -0048 direct line 847 -952 -0049 Fax carl.ma nussen R3redistribution.com r3redistribution.com 1/17/2011 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR THE PRELIMINARY APPROVAL OF A PLANNED UNIT DEVELOPMENT FOR PROPERTY LOCATED AT 1601 SOUTH BUSSE ROAD, MOUNT PROSPECT, ILLINOIS WHEREAS, Daveri Development Group ( "Petitioner), has filed a petition for a Conditional Use for the Preliminary Approval of a Planned Unit Development (PUD) and Variations for property located at 1601 South Busse Road ("Subject Property') and legally described as and shown on the Plat of Survey, a copy of which is attached and made part of this resolution as Exhibit "A "; WHEREAS, the Subject Property is legally described as follows: LOT 2 IN PLAZA UNITED RESUBDIVISION OF LOT ONE OF PLAZA UNITED, A RESUBDIVISION OF PART OF THE NORTHEST QUARTER OF SECTION 22 AND PART OF THE NORTHWEST QUARTER OF SECTION 23, BOTH IN TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED ON JUNE 25, 1996 AS DOCUMENT NO. 96489523, IN COOK COUNTY, ILLINOIS; Property Index Number: 08 -23- 100 - 015 -0000, 08 -23- 100 - 014 -0000; and WHEREAS, a Conditional Use for the Preliminary Approval for a Planned Unit Development (PUD) for the property at 1601 South Busse Road was granted November 4, 2003 pursuant to Ordinance No. 5381; and WHEREAS, the Petitioner is now proposing a new plan for a multi -use PUD at the Property and seeks a Conditional Use Permit for the Preliminary Approval of a Planned Mixed Use Development consisting of an existing restaurant with drive - through and a four -story mixed -use building that will provide thirty nine (39) affordable, supportive housing units to individuals with disabilities, and a health clinic and ancillary uses on the 1S floor of the building; and WHEREAS, the Petitioner seeks Variations to (1) increase the maximum permitted building height from thirty five feet (35') to forty three (43') and (2) reduce the required number of parking stalls from one hundred sixty seven (167) to one hundred sixty five (165); and WHEREAS, a Public Hearing was held on the request for a Conditional Use permit, designated as PZ- 19 -10, before the Planning and Zoning Commission of the Village of Mount Prospect on the 24 day of March, 2011, pursuant to due and proper notice thereof having been published in the Mount Prospect Journal & Topics on the 12 day of January, 2011; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the President and Board of Trustees in support of the request being the subject of PZ- 19 -10; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the same meets the standards of the Village and that the granting of the proposed Conditional Use permit and variations would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That the recitals set forth hereinabove are incorporated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. Page 2/3 PZ -19- 101601 S. Busse Road SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect grant 1) Conditional Use permit for the Preliminary Approval of a Planned Unit Development consisting of an existing restaurant with drive - through and a four story mixed use building 2) Conditional Use for dwelling units above the first (1S) floor 3) Variation to increase the maximum permitted building height from thirty -five feet (35') to forty -three feet (43') and 4) Variation to reduce the number of parking stalls from one hundred sixty seven (167) to one hundred sixty five (165) including land banked spaces, subject compliance with the following conditions:: 1. Development of the site in general conformance with the site plan prepared by Haeger Engineering, dated December 15, 2010 2. Development of the four -story mixed use building in general conformance with the building elevations prepared by Cordogan Clark & Associates, Inc., dated March 9, 2011; 3. Development of the four -story mixed use building in general conformance with the floor plans prepared by Cordogan Clark & Associates, Inc., dated December 15, 2010; 4. Development of the site in general conformance with the landscape plan prepared by Cordogan Clark & Associates, Inc., dated December 15, 2010, but revised to comply with Code; 5. Development of the site in general conformance with the photometric plan prepared by Hubbell Lighting, dated December 14, 2010, but revised to include the adjacent parcel (Culver's) and comply with Code; 6. Submittal of fixture cut - sheets for exterior lights that comply with Village Code; 7. Submittal of a covenant restricting the use of the land designated as land banked parking spaces for future parking. Such covenant shall run with the land and specify the authority of the Village to require additional parking be installed if and when deemed necessary and to enforce said order upon the ownership; 8. Submittal of a signed cross access and parking agreement with the adjacent property owner; 9. Prior to the issuance of a development permit, the petitioner shall provide final civil engineering drawings for review and approval by the Village. The engineering drawings shall include all site work including utilities, storm water detention, and associated improvements; 10. Prior to obtaining a Certificate of Occupancy, the Petitioner shall complete the required Plat of Easements, which vacates and grants water main easements as required for the proposed relocation of existing water main; 11. Development of the site in accordance with all applicable Village Codes and requirements, including, but not limited to, detention requirements, Fire Prevention Code regulations, lighting regulations, Sign Code regulations; and building regulations; and 12. 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. Page 3/3 PZ -19- 101601 S. Busse Road SECTION FOUR This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this 6 th day of April, 2011. Irvana K. talks Mayor ATTEST: M. Lisa Angell Village Clerk H: \CLKO \files \WIN \ORDINANC \Con Use PUD PZ -19 -10 1601SBusseApril62011.doc Village of Mount Prospect Community Development Department MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: MARCH 25, 2011 SUBJECT: PZ -03 -11 1580 SLAWIN COURT I CONDITIONAL USE (VOCATIONAL SCHOOL) I CAMELOT THERAPEUTIC SCHOOLS, LLC The Petitioner proposes to remodel the existing one -story structure to accommodate a therapeutic school. The therapeutic school will provide special education to students aged six to twenty one, focusing primarily on the education of children with Autism Spectrum Disorders. The school will consist of an academic and vocational program. The academic program will include a comprehensive curriculum in traditional areas of study customized to each student's individual need. The vocational program will occupy 63% of the building and will focus on vocational and life skills that will start in a classroom setting and transition to workshops. Vocational schools require Conditional Use approval in the 11 Limited Industrial District. The vocational school would operate Monday through Friday from 8 am to 4 pm. Class sizes will vary from 8 -10 students at one time, with a maximum of ten (10) per classroom. The proposed number of staff would be fifty (50) initially. However, the Petitioner anticipates a maximum of one hundred and forty (140) students and one hundred (100) staff members when fully operational. The students will not be driving to school, they will only be bused. The Planning & Zoning Commission conducted a public hearing to review the request on Thursday, March 24, 2011, and by a vote of 5 -1, recommended approval of a Conditional Use for a vocational school at 580 Slawin Court, Case No. PZ- 03 -11, subject to the conditions listed in the Staff Report. Details of the proceedings and items discussed during the Planning and Zoning Commission hearing are included in the attached minutes. Please forward this memorandum and attachments to the Village Board for their review and consideration at their April 6, 2011 meeting. Staff will be present to answer any questions related to this matter. William J. Cooney, Jr., Al P %XVr1WhlhW"LAA` 1ianEn8&Zoning COMW l&22all�)MMeuwaZ -03- Et5$US$awin Ct(CU -VO donel School).da MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -03 -11 PROPERTY ADDRESS: PETITIONER: PUBLICATION DATE: PIN NUMBERS: REQUEST: MEMBERS PRESENT: MEMBER ABSENT: STAFF MEMBERS PRESENT: INTERESTED PARTIES: Hearing Date: March 24, 2011 580 Slawin Court Camelot Therapeutic Schools, LLC March 9, 2011 03 -35 -104- 055- 0000, 03 -35- 104 - 053 -0000 Conditional Use Approval for a Vocational School Richard Rogers, Chair William Beattie Leo Floros Theo Foggy Ronald Roberts Keith Youngquist Joseph Donnelly Consuelo Andrade, Development Review Planner Brian Simmons, Deputy Director of Community Development Adam Moore, Joe Carter, Sheila Deal, Tim Minor, Tom Hefty Chairman Rogers called the meeting to order at 7:33 p.m. Mr. Floros made a motion to approve the minutes of the February 24, 2011 meeting; Mr. -Foggy seconded the motion. The minutes were approved 3 -0 with Mr. Roberts, Mr. Foggy, and Mr. Youngquist abstaining. After hearing 3 previous cases, Chairman Rogers introduced Case PZ- 03 -11, 580 Slawin Court, Conditional Use for a Vocational School at 9:11 p.m. Ms. Andrade said the Petitioner for PZ -03 -11 was seeking Conditional Use approval to operate a Vocational School at 580 Slawin Court. Ms. Andrade stated the Subject Property is located in the end of the Slawin Court cul -de -sac, and included a vacant office /warehouse building with related improvements. The Subject Property is zoned I -1 Limited Industrial and is adjacent to the I -1 District on all sides. Ms. Andrade said the Petitioner proposed to remodel the 30,163 square foot building to operate a Vocational School. The Vocational School would provide special education to students ages 6 -21 and would focus on education of children with Autism Spectrum disorders. The school would consist of an academic and vocational program, with the vocational component occupying roughly 63% of the floor plan. Vocational Schools require Conditional Use approval in the I -1 Limited Industrial District. Ms. Andrade stated the proposed floor plan would include 14 classrooms, 16 offices, a computer room, library, nurse room, kitchen, cafeteria, multi - purpose room, art room, music room, and workshops. The Petitioner has indicated that most of the programming would occur indoors due to the development level of the students. Outdoor activities would primarily consist of walks through the area's natural paths. Richard Rogers, Chair PZ -03 -11 Planning & Zoning Commission Meeting March 24, 2011 Page 1 of 7 Ms. Andrade showed a slide that illustrated the proposed breakdown of the school. The school would be divided between administrative, educational, transitional, and vocational functions. As previously stated, the vocational component would take up approximately 63% of the floor plan. Ms. Andrade said the school intended to provide a comprehensive curriculum in traditional areas of study customized to each student's individual need. It also planned to teach vocation and life skills that would start in a classroom setting and transition to workshops. Class sizes would vary from 8 -10 students at one time, with a maximum of 10 students per classroom as regulated by the State. The proposed number of staff would be 50 initially. However, the Petitioner anticipated a maximum of 140 students and 100 staff members when fully operational. The hours of operation would be Monday through Friday from 8 a.m. to '4 p.m. Ms. Andrade stated Village Code required parking based on the land uses. In this case, the parking regulations for a vocational use are difficult to apply as the proposed use is unique. The students would not drive to the school, they would only be bused. Therefore, the Petitioner's parking requirements are based on the number of staff and vehicles. A total of 70 parking spaces would be required for the proposed use. Per the Petitioner's Plat of Survey, the Subject Property currently provides 73 parking spaces, including one accessible parking space. The existing parking spaces currently exceed the minimum required number of parking spaces by 3 spaces. However, the number of existing accessible parking spaces does not comply with current code. Per Village Code, a minimum of 3 accessible parking spaces shall be provided for a parking lot with 51 to 75 parking spaces. The parking lot would be required to be restriped to provide a minimum of 3 accessible parking spaces and comply with the overall parking requirement based on the number of staff and school vehicles. The standards for Conditional Uses are listed in the Zoning Ordinance and include specific findings that must be made in order to approve a Conditional Use. The following is a summary of these findings: • The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; • The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; • And adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets are provided. Ms. Andrade said Staff reviewed the Petitioner's proposal and did not object to the use or find that it would have adverse-impact on the adjacent tenants or properties. Village Board approved a similar use back in 2007 for the property located 625 Slawin Court (PZ- 25 -07). Similar methodology to calculate the required parking and impact of the proposed use on neighboring properties was utilized to approve this previous case. Staff was not aware of any issues with the operation of that use in the area. Ms. Andrade stated the Village Code allowed transferring a Conditional Use permit to another similar user. The Petitioner's proposed vocational school is unique as it will provide special programs focusing primarily on the education of children with Autism Spectrum Disorders. Since the Petitioner's request for a vocational school is unique, it should be noted that the Conditional Use permit would only be transferable to the exact same type of Vocational School that would be operated in the same manner where students would be bused to the facility. The parking lot would have to be expanded if it was determined there was a parking shortage. Ms. Andrade said the proposed Vocational School met the Conditional Use standards contained in Section 14.203.F.8 of the Zoning Ordinance, subject to the school being operated as noted in the Petitioner's application. Staff recommended that the Planning & Zoning Commission approve the motion listed in the Staff report. Chairman Rogers swore in Adam Moore of First Industrial Realty Trust, 1661 Feehanville Drive, Mount Prospect, Illinois. Mr. Moore stated that First Industrial Realty owns the subject property and would be the landlord; the Petitioner would be the tenant based on a 10 year lease agreement pending approval by the Village. Richard Rogers, Chair PZ -03 -11 Planning & Zoning Commission Meeting March 24, 2011 Page 2 of 7 Mr. Moore said his company owns 5 separate properties within the Kensington Business Park. They have owned up to 11 properties at one time within the business park. Mr. Moore believed the school would fit in well with the business park and surrounding businesses. Chairman Rogers swore in Joe Carter, Vice President of Operations for Therapeutic Day Schools, 232 Cambridge Drive, Coatesville, Pennsylvania. He confirmed with the Petitioner that Camelot is a national organization. Chairman Rogers swore in all individuals who wished to speak on the subject case and asked when they first speak to announce their name and address for the record. Mr. Carter provided a background and discussed Camelot Schools. He stated that they run two different types of schools. The first is a therapeutic day school where every student has special needs. The other type is an alternative day school for students who have misbehaved and have been dismissed from the public school system. Camelot Schools are presently located within 5 states. There are 5 therapeutic day schools presently in the Chicagoland area. Mr. Carter said that with the proposal, they were just looking at moving a therapeutic school to the subject property, not an alternative school. Sheila Deal, 1455 E. Prairie, Des Plaines, Illinois stated that she is the Principal of the Des Plaines Camelot School and would be Principal of the Mount Prospect location if it is approved. She said they currently have 75 students with 50 Staff members. Ms. Deal said that the school is not a traditional school and the highest teacher to student radio is 10 :1 (state legal limit). The lowest ratio is 1:1. Ms. Deal discussed the purpose of the school is to provide students what they will need to face challenges in their lives. She stated the school is very supervised and focused on the students all the time. Ms. Deal said the students would all be bused in by the school district. No students would walk or ride their bikes to the subject property. Mr. Floros asked if the school was a substitute or if it augmented the public school system. Ms. Deal said that Camelot would receive referrals from school districts that do not have the necessary resources for a child. Students would be attending Camelot instead of the public school system; however,. Camelot is sanctioned and funded by the public schools. Public Schools pay tuition based on the state rate. The Petitioners showed a clip of Camelot Therapeutic School being featured on the Today Show to provide the Commission with an insight of their school. Chairman Rogers asked if the school had standard grades. Ms. Deal stated that students can attend the school between the ages of 6 and 20 per the Illinois State Board of Education rule. Students are grouped based on age, need, and ability level. Mr. Beattie confirmed that the subject property would just be a therapeutic day school and not be used to serve the residential unit. He then asked how long the facility has been located in Palatine. Ms. Deal stated the facility was in Palatine and since moved to Des Plaines where the school has been located inside an old Catholic school for the past 5 years. Mr. Roberts confirmed that there would be no students from the alternative education program at the subject property. Mr. Beattie asked how many school districts Camelot serves. Ms. Deal said her referral base would not change from her current Des Plaines location, but Camelot serves approximately 25 districts ranging from Zion to the closest in Des Plaines and Park Ridge. Richard Rogers, Chair PZ -03 -11 Planning & Zoning Commission Meeting March 24, 2011 Page 3 of 7 Chairman Rogers asked the Petitioners if they were aware that the building at the subject property would be in need of remodeling and would have to meet the current Village Building and Fire Codes. Mr. Carter stated he understood. Chairman Rogers asked what the budget was for remodeling the subject property. Mr. Carter said the budget was approximately $1 million to outfit the building. It would be all interior changes. Chairman Rogers swore in Tim Minor, 852 Feehanville Drive, Mount Prospect, Illinois and Tom Hefty, 227 W. Monroe, Chicago, Illinois. Mr. Hefty stated he was an attorney representing opposition to the Petitioners request by Cummins - Allison Corporation. Mr. Hefty requested that the Planning and Zoning Commission continue the subject case until Cummins could have a dialogue with the Petitioner and Staff to resolve some of its concerns. He stated that Cummins occupies 4 of the 5 buildings it owns in the Kensington Business Park. One of Cummins' buildings abuts to the subject property and they also believe their other properties would be affected by Camelot's activities. Mr. Hefty said that Cummins did not know about the proposed activities. He stated that Cummins attorneys met with Staff on the morning of March 24; they were hoping to also meet with representatives from Camelot at the same time but were unable to do so. Mr. Hefty stated if Cummins is not able to find common ground regarding its concerns with Camelot, they would like to state their concerns for the record at the public hearing. He stated that Cummins received the legal notice a little more than 10 days before the hearing. Chairman Rogers and Mr. Beattie asked Cummins to specifically address their concerns before the Commission. Mr. Minor provided the background and history on the Cummins- Allison Corporation. Mr. Minor stated that they are at the public hearing not opposing the concept of improving the welfare of individuals with special needs. He said that Cummins is concerned with Staff s recommendation to move forward. Mr. Minor believed that there was a public safety and security issue involved with the subject case. He stated that there have been public safety issues in the past and compromises have been developed with Staff. Mr. Minor said compromise could potentially be achieved, but Cummins needed additional time for review. Mr. Minor believed the Petitioner's application was incomplete as it did not address recreational use. He said the subject property has no outdoor space for activities outside. Mr. Minor was also concerned with the maximum number of students. Mr. Hefty stated there was no traffic study to show what kind of traffic the proposed school would bring in on a daily basis. He said there is no area on -site for outdoor recreational space and questioned whether or not the subject property conformed to the Village Code in regards to lot coverage. Mr. Hefty also discussed that the Petitioner's application discussed the proposed facility as being vocational and academic. Mr. Hefty discussed the subject property and its proximity to Cummins' property at 852 Fechanville. He stated there is a detention pond that is situated between the two properties. Mr. Hefty said the Petitioner proposed outdoor walks on the jogging path for outdoor activity. He believed the issue was that the jogging path crosses into Cummins' main parking lot and continues west and crosses Feehanville Drive. Mr. Hefty stated this was a safety issue with trucks entering and leaving Cummins' 3 buildings on the west side of Feehanville Drive. He said Cummins worked with the Village in the past to install traffic control signs around the path crossing at Fechanville Drive. He believed that this would be a safety issue because the original markings were designated for less volume of foot traffic. Mr. Hefty stated that the park and the jogging trail were not designed for school outdoor activities. He said the distance from the subject property to Maple Park is approximately 1 /4 of a mile. Mr. Hefty felt that for the proposed use there should be some sort of on -site recreational facility. Mr. Roberts appreciated the concern for safety, but he said he did not understand how the proposed use would affect the Cummins property. Mr. Minor stated Cummins has invested a substantial amount of money into the Richard Rogers, Chair PZ -03 -11 Planning & Zoning Commission Meeting March 24, 2011 Page 4 of 7 business park and community. He said that their concerns were not about money, they were about public safety from past experiences. Mr. Beattie stated that he did not hear from the opposition how the proposed use would affect Cummins and the safety of its employees. There was additional discussion regarding safety. Mr. Minor said that there was a drowning in the past in the aforementioned detention pond. He also referenced an incident that evolved on Cummins' property with another school originally utilizing the local park. Mr. Minor stated there were liability issues, but that was not the reason why they were in attendance at the hearing. He said that Cummins has approached the Village in the past with several safety issues regarding fencing, the median strip in the road, and other items. Mr. Minor stated with added time and discussion, Cummins could learn what is to be expected and planned. He indicated that Cummins had approached the Village a few years ago regarding installing some fencing on their property and did not receive approval for the request. He stated Cummins was not present at the hearing to stop the proposed use but were simply present to request additional time to clarify the issues and voice their concerns. Mr. Roberts said there have been other vocational schools that have been approved in the industrial park. He stated the public library was also located there for a few years. Mr. Roberts believed when the library was located in the Kensington Business Center, traffic was as heavy as it would be with that kind of use. Chairman Rogers said that Cummins had some legitimate concerns but wanted to provide the Petitioner an opportunity to respond. Mr. Minor reiterated that Cummins is simply asking for additional time to work with Camelot, Staff, and the Planning and Zoning Commission on their concerns before the subject case advances to the Village Board. Mr. Floros believed that Cummins had a reasonable request and it would be wise to have the Petitioner and Cummins group work with Staff to resolve some of the differences. Mr. Hefty asked the Commission to review the Petitioner's application. The application stated that the Petitioner's were applying for a therapeutic day care center that emphasized academics and vocation. He believed the Petitioners were focusing more on the vocational element at the hearing. Mr. Hefty said an academic school is not permitted and not eligible for a Conditional Use in the I -1 zoning district; only vocational schools are permitted in I -1 under a Conditional Use. Mr. Carter did not foresee having their students walk %4 mile to the park's playground. He stated that the school does have small buses that can be utilized to transport students to the park. Mr. Carter said not all Staff and students would be walking outside at one time. He stated students do take breaks outside, but they would not be walking to the park. Mr. Carter stated that the school does have an inside recreational area because they do not have large outdoor playgrounds at their sites. Chairman Rogers asked what type of supervision was utilized when students are outside. Mr. Carter stated the majority of teacher to student ratio is 1:1. The least amount of teacher to student is 1:5. The school has a lot more Staff and supervision than the public school system. A majority of the students do not have a full range of motion, so the outdoor activities would be limited. Ms. Deal stated the jogging path would be considered more for a break rather than a physical education activity. She said the walks would mostly be with a ratio of 1:1 or 1:2. Chairman Rogers asked if there were any requirements for students to be outside. The Petitioners stated no. Ms. Deal said that they like to take students outside in a planned and organized manner. Mr. Carter stated that two of their other schools are located within industrial parks in Naperville and Hoffman Estates. Mr. Roberts confirmed that the students would either be dropped off or bused to the subject property; no students would be walking or riding their bikes. Richard Rogers, Chair PZ -03 -11 Planning & Zoning Commission Meeting March 24, 2011 Page 5 of 7 Mr. Beattie asked the school hours of the facility. Ms. Deal said students would be in school from 8:30 a.m. to 2:30 p.m. with the Staff on -site from 8:00 a.m. to 4 :00 p.m. Chairman Rogers stated there was a legitimate concern for safety if the students were taken outside of the building. Mr. Carter said their Naperville school is located closer to a detention pond than the subject property; there have been no incidents at the Naperville site in over 10 years. Chairman Rogers asked if there were any fences around the Naperville detention pond, Mr. Carter stated no. Mr. Beattie asked if there was any fencing around the Mount Prospect detention pond which was affirmed there is no current fencing. Mr. Youngquist confirmed that the Hoffinan Estates and Naperville schools were comparable in size with the Subject Property. Mr. Carter stated when plans were drawn for the Mount Prospect location; the other two schools were used as a model. Mr. Youngquist asked Staff regarding the academic /vocational use in the 1 -1 district. Mr. Simmons stated the primary use of the structure was the vocational school which occupied over 60% of the building. Mr. Simmons stated the other uses are ancillary to this primary use and Staff's recommendation of support is similar to requests for uses on other properties within the Village. Mr. Roberts confirmed with Staff that the primary use is defined by the square footage that is dedicated in the facility for the specific purpose. Mr. Simmons clarified the public notice requirement. He said letters were mailed in advance of the hearing per the public notice regulations; a sign was posted on the subject property; and a legal notice was published in the newspaper regarding the public hearing. Mr. Roberts asked when notices were mailed. Mr. Simmons stated the notices were mailed to property owners 15 days before the scheduled hearing. Mr. Moore wanted to address the concern regarding the traffic study. He stated any use added to the park would increase the traffic so the proposed use would not be detrimental to the designed traffic flow of the business park. Mr. Minor was concerned with congestion issues. He said buses were not included in the Petitioner's. proposal and wanted to know where they would be parked. Mr. Minor stated that he was by the subject property at 3 p.m. and noticed the neighboring vocational school had 6 PACE buses lined up to transport its students. Mr. Hefty reiterated that Cummins had liability concerns due to the proximity of the vocational school to their property and detention pond. Mr. Hefty stated the jogging path is Village owned, but not the detention pond. The detention pond is on Cummins' property. He discussed the only pathway to the park is the one that has been discussed and leads by Cummins property. Mr. Hefty said that data is needed for how often the students would be outside and utilizing this path. Mr. Minor stated there is another adjacent business located in the cul -de -sac who was unaware of the public hearing and was not able to attend the meeting. He stated he believed they would be in contact with Village Staff for additional information. Chairman Rogers recommended that Cummins meet with the Petitioner in the time between the public hearing and the Village Board meeting to go over the concerns. He said if the Cummins group still felt a safety issue after discussions to bring it up with the Village Board. Mr. Minor said that Cummins has had success working with the Planning and Zoning Commission and Staff in the past and preferred to continue the case to the next zoning meeting. Chairman Rogers asked the Petitioners if they would be willing to meet with the Cummins group and any other parry that had concerns with the subject case. Mr. Carter stated that he would be willing to meet. He said when they were originally contacted regarding the issues; they did reach out to Cummins and stated they would meet. The response the Petitioner received was that they would meet after the hearing. Mr. Carter stated they were then contacted by Cummins two days before the hearing asking if they would meet with Village Staff and Cummins' Richard Rogers, Chair PZ -03 -11 Planning & Zoning Commission Meeting March 24, 2011 Page 6 of 7 attorneys. He stated they were not prepared to talk with attorneys on such short notice and that is why they did not meet the morning of the hearing. Chairman Rogers asked the Petitioner if they would consider continuing the case to the next Planning and Zoning Meeting. Mr. Carter stated this would create a hardship since they were looking for the Conditional Use approval and opening the school at the end of August for the new school year. An additional month delay would severely impact their ability to open on schedule. Chairman Rogers asked if there was anyone else in the audience to address this case. Hearing none, he closed the public portion of the case at 10:19 p.m. and brought the discussion back to the board. Mr. Floros re- stated that he would vote no to allow the Petitioner, Cummins, and Staff time to meet and discuss the concerns and work out an agreement or accommodation. Mr. Roberts said Cummins had some valid concerns and agreed that they should have more time to review the case. He preferred to vote on the subject case to allow the Village Board to make the final decision. Mr. Roberts stated the Planning and Zoning Commission's vote was just a recommendation to the Village Board. He believed continuing the case would place the Petitioner in an impossible position on opening up the school by the end of August. Mr. Foggy stated if there was an approval, would the Commission be allowed to make a condition stating that the two parties must meet with Staff's involvement to discuss the issues. Chairman Rogers said both parties have already stated they would agree to meet before going forward to the Village Board and such a condition would not be necessary. Mr. Foggy made a motion, seconded by Mr. Beattie to approve a Conditional Use to operate a vocational school at 580 Slawin, subject to the conditions listed in the staff report. UPON ROLL CALL: AYES: Beattie, Foggy, Roberts, Youngquist, Rogers NAYS: Floros Motion was approved 5 -1. The Village Board's decision is final for this case. After hearing one case, Mr. Floros made a motion, seconded by Mr. Foggy to adjourn at 10:37 p.m. The motion was approved by a voice vote and the meeting was adjourned. Ryan Kast, Community Development Administrative Assistant Richard Rogers, Chair PZ -03 -1 1 Planning & Zoning Commission Meeting March 24, 2011 Page 7 of 7 Village of Mount Prospect Community Development Department CASE SUMMARY — PZ -03 -11 Mot= Prospect LOCATION: 580 Slawin Court PETITIONER: Camelot Therapeutic Schools, LLC OWNER: First Industrial L. P. PARCEL #: 03 -35- 104 - 055 -0000, 03 -35 -104- 053 -0000 LOT SIZE: 2.08 acres ZONING: Il Limited Industrial LAND USE: Vacant Office & Warehouse Building REQUEST: Conditional Use Approval for a Vocational School LOCATION MAP Village of Mount Prospect Community Development Department MEMORANDUM I T�� FROM: DATE: HEARING DATE: SUBJECT: BACKGROUND MOUNT PROSPECT PLANNING & ZONING COMMISSION RICHARD ROGERS, CHAIRPERSON CONSUELO ANDRADE, DEVELOPMENT REVIEW PLANNER MARCH 14, 2011 MARCH 24, 2011 T PZ -03 -11 1 CONDITIONAL USE (VOCATIONAL SCHOOL) 1580 SLAWIN COURT 1 CAMELOT THERAPEUTIC SCHOOLS, LLC A public hearing has been scheduled for the March 24 2011 Planning & Zoning Commission meeting to review the application by Camelot Therapeutic Schools (the "Petitioner ") regarding the property located at 580 Slawin Court (the "Subject Property"). The Petitioner is seeking Conditional Use approval to operate a vocational school in the 11 Limited Industrial District. The P &Z hearing was properly noticed in the March 9, 2011 edition of the Journal Topics Newspaper. In addition, Staff has provided written notice to property owners within 250 -feet and posted a Public Hearing sign on the Subject Property, PROPERTY DESCRIPTION The Subject Property is located in the end of the Slawin Court cul -de -sac, and includes a vacant office /warehouse building with related improvements. The Subject Property is zoned 11 Limited Industrial and is adjacent to the Il District on all sides. SUMMARY OF PROPOSAL The Petitioner proposes to remodel the existing one -story structure to accommodate a therapeutic school. The therapeutic school would occupy the entire 30,163 square foot building. Per the Petitioner's attached application, the therapeutic school will provide special education to students aged six to twenty one, focusing primarily on the education of children with Autism Spectrum Disorders. The school will consist of an academic and vocational program. The academic program will include a comprehensive curriculum in traditional areas of study customized to each student's individual need. The vocational program will occupy 63% of the building and will focus on vocational and life skills that will start in a classroom setting and transition to workshops. Vocational schools require Conditional Use approval in the I1 Limited Industrial District. The vocational school would operate Monday through Friday from 8 am to 4 pm. Class sizes will vary from 8 -10 students at one time. Per the Petitioner, the maximum number of students will not exceed ten (10) per classroom as regulated by the State. The proposed number of staff would be fifty (50) initially. However, the Petitioner anticipates a maximum of one hundred and forty (140) students and one hundred (100) staff members when fully operational. PZ -03 -11 Planning & Zoning Commission Meeting March 24, 2011 Page 3 The attached floor plan indicates the school will include fourteen (14) classrooms, sixteen (16) offices, a computer room, library, nurse room, kitchen, cafeteria, multi- purpose room, art room, music room, and workshops. Most of the programming will occur indoors due to the development level of the students. Outdoor activities will primarily consist of walks through the area's natural paths. Interior modifications will be necessary in order to achieve the proposed floor plan. A building permit and a complete code analysis, including but not limited to egress, height, area, use, and fire rating analysis will be required. The Petitioner will be required to submit specifically an egress plan for the entire building and documentation indicating the occupant's evacuation capabilities, where it notes the number of staff to students. A fire sprinkler system and a fire alarm system will be required for the school. Additionally, a business license will be required prior to the opening of the vocational school at the Subject Property. While these are issues to be addressed at a later stage, these requirements are included as part of the Staff Report in an effort to ensure the Petitioner is aware of the requirements and submits the necessary documentation. The Petitioner does not anticipate making changes to the exterior of the building or parking area. GENERAL ZONING COMPLIANCE The Village Code requires parking based on the land uses. In this case, the parking regulations for a vocational use are difficult to apply as the proposed use is unique; the students will not drive to the school — they will only be bused. Therefore, the Petitioner's parking needs do not necessarily correspond to the Village's parking regulations. The vocational school will initially employ fifty (50) staff members and eventually up to a maximum of one hundred employees. The Village Code requires two parking spaces for every three employees. In addition, the school intends to have three (3) school vehicles. The proposed use will require sixty seven (67) parking spaces for staff and three (3) spaces for the school's vehicles. Therefore, seventy (70) total parking spaces will be required. Per the Petitioner's plat of survey, the Subject Property currently provides seventy three (73) parking spaces, including one accessible parking space. The existing parking spaces currently exceed the minimum required number of parking spaces by three (3) spaces. However, the number of existing accessible parking spaces does not comply with current code. Per Village Code, a minimum of three (3) accessible parking spaces shall be provided for a parking lot with fifty one (5 1) to seventy five (75) parking spaces. The parking lot will be required to be restriped to provide a minimum of three (3) accessible parking spaces and comply with the overall parking requirement based on the number of staff and school vehicles. The following table is a summary of the Village Code parking requirements for a vocational school and the required parking for the Petitioner's proposal. It shows that the site will meet the parking requirements as required per the Zoning Ordinance. The site cannot accommodate student parking, but in this case, student parking is not needed as students will only be bused to the school. ills e Re a �2��. Vocational school: 100 staff members 2 spaces per 3 employees 67 140 students 1 space per maximum number of students as determined 0 hy the Director of Community Devela meat.* (* As proposed no students will drive to the school) School Vehicles 3 vans 3 Total Required Parking Spaces 70 Total Spaces Provided 73 PZ -03 -11 Planning & Zoning Commission Meeting March 24, 2011 Page 4 CONDITIONAL USE STANDARDS The standards for Conditional Uses are listed in Section 14.2031.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. The following list is a summary of these findings: • The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; • The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; • There is adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets; and • The proposed Conditional Use is in compliance with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. Staff reviewed the Petitioner's proposal and did not object to the use or find that it would have adverse impact on the adjacent tenants or properties. Village Board approved a similar use back in 2007 for the property located 625 Slawin Court (PZ- 25-07). Similar methodology to calculate the required parking and impact of the proposed use on neighboring properties was utilized to approve this previous case. Staff is not aware of any issues with the operation of that use in the area. The Village Code allows transferring a Conditional Use permit to another similar user. The Petitioner's proposed vocational school is unique as it will provide special programs focusing primarily on the education of children with Autism Spectrum Disorders. Since the Petitioner's request for a vocational school is unique, it should be noted that the Conditional Use permit would only be transferable to the exact same type of vocational school that would be operated in the exact same manner where students would be bused to the facility. The parking lot would have to be expanded if it was determined there was a'parking shortage. RECOMMENDATION The proposed vocational school meets the Conditional Use standards contained in Section 14.203.P.8 of the Zoning Ordinance, subject to the school being operated as noted in the Petitioner's application. Staff recommends that the Planning & Zoning Commission approve the following motion: "To approve a Conditional Use to operate a vocational school at 580 Slawin, Case No. PZ -03 -11 subject to the following conditions: 1. The site shall be developed in general conformance with the floor plans dated January 24, 2011; 2. The school shall be operated in general conformance with the times and programs listed in the application; 3. The Petitioner shall provide additional parking if it is determined that there is a parking . shortage; e Petitionef s III al 1 su mi an egress plan PLIMIQU and fire codes for this type of use; 5. The Petitioner obtains a business license; and 6. The site shall be developed in accordance with all Village and State Codes and regulations." PZ -03 -11 Planning & Zoning Commission Meeting March 24, 2011 The Village Board's decision is final for this case. I concur: William J. Cdoney, AICP, Di ector of Community Development !Q KTLANkP[anning B Zoning COI. M?&Z 201 [SSt ff Repo Z4)7.11 SW) Slawin Court {CU•V=0o" whaai},dmx Page 5 (:aVAftFOOT Zy! Development Review Planner Village of Mount Prospect Community Development Department 50 South Emerson St. ' Mount Prospect, IL 60056 4207 HWY 290 E I DRIPPING SPRINGS I TEXAS 1 78620 I T: (512) 858.9900 RE: Conditional Use Zoning Application for 580 Slawin Court Dear Mrs. Andrade, Please find enclosed five copies of the completed zoning request application packet for Camelot Therapeutic Schools, LLC (Camelot). Camelot has chosen the City of Mount Prospect as its location of choice to grow its educational program, currently located in Des Plaines, due to the peaceful surroundings that the Kensington Center offers as well as the myriad of local businesses and professional services that would best serve both our students and employees. Camelot Therapeutic Schools, LLC, is a nationally renowned education company that focuses on special education for students aged 3 to 22. Through 16 programs located in 5 states, Camelot serves a wide student base covering such presenting issues as Autism Spectrum Disorders, social and emotional disorders, and other disciplinary issues. The program Camelot proposes to operate in Mount Prospect is one of 5 specialty programs focusing primarily on the education of children with Autism Spectrum Disorders (it is currently estimated that one in every 91 children is diagnosed with Autism). The program will serve children ranging in age from 6 to 21 years and focus significantly on life skills training and vocational activities in addition to Camelot's comprehensive academic curriculum. The building Camelot has chosen in Mount Prospect, located at 580 Slawin Court, is considered ideal due to its location at the end of a cul -de -sac as well as the abundance of natural vegetation. As a result of the lower developmental level of the students, most all of our programming occurs indoors. Outside activities would consist mainly of walks through the center's many nature trails. As seen in the attached preliminary floor plan, over 81% of the building has been specified for vocational and life skills use through a dedicated sheltered workshop, a large vocational training area to cover a vast array of activities from minor maintenance duties to general building skills, a training kitchen and cafeteria, a student run library, a computer lab, and classrooms dedicated to support students aged 18 -21 as they transition into the working world. None of the students drive themselves; parking would only be utilized by employees. While our current employee count is 50, we do not expect to exceed 100 employees when fully operational; thus, the 79 parking spaces that are currently allotted to the building more than exceed our needs when the city's two- thirds rule is applied. In short, after an interior remodel, we believe the property is an ideal fit for our program. It is Camelot's belief that its educational program fits well within the allowed conditional use of a vocational facility. We are hopeful you will agree and that the city's review of our attached zoning request application will result in your approval. Sincerel , Grayson Harcourt AVP, Camelot Therapeutic Schools, LLC VILLAGE OF MOUNT PROSPECT COMMUNITY DEVELOPMENT DEPARTMENT – fla ming Division S0 S. INmcrsan meet Mount Prospom, lUingisfQQSb -Phbne $:47.8 TAX. 847.$1$.5399 ZON ING nQVR ' (s): Cond tffoiW WO- r 10 0 *? fl �onir[g,Ar�a�•3�1rt�e�dmrez�: Firom 'ro__„__ 7`fi�AefseirdlrierYl: f�o�i(s� .n .,.,.. Camelot D Schools LLC ...Camelot is e buil&g and real pmpga ted at 58 Slawin Court_ arnelot pmposps ta.operate a.thera eutic... a school at said location which �n�tus{, e�rt?�pect t;aep��r &#�'�Qr�tn� 1 �►an.� :$1$.��2$ 50 SbdTh gmerwa Shtbk W&W Pmvm ffnots Zon ng Request, Application a �Aoa idwh o.. Camelot lb Wk. 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In consideration of the iQformadon cofitfaitied +n tEtii petition a_ Vie![ as al'i sappr�ri,ng dtaenroentai tn, it i &rregnested that approval be ; given to this requmst> T44z app #cant is iiie of l3ei .: ar,a t i¢ci�ed ; ,r p eSeni t e of l ie 'w — nor groPeo The petgione�r an4 the . owner of the gr rtt emplo� ?iii f 9Slbunt Pro }a t @nit t4ti ,a er�Y' ,eCr#a[s§ [sn ~:tA ti et q0� th8 prtape dursng e hours u.isvO insp.e to fth srit reasonabl ri r td. accurate to Pr m Name 7> a{.0fi�cobvist�of prop, awned . atcriak submitted. inassociafign .wrath this wp}icaion are true :and Date 1 17-951 1 11 [ hereby cl: sigtiate the:.ap lie, - t,Q act as m ?t fin tae pnrprose nt ang 1?e zo i�zg r quest s : <rles ibe l in .thus pi.i ti rt aria# t}re associated supPQrEr" �a�a;' . Property + "er lie ( 4gtiittue irry hfvunifresp�t Depammezzi f t ep tit pbofte 947,8193 5tY �0 . EMW Stte4 : MA#Mt 1 FAN &VIAS w+ s�.t duritpraspv t brg 4. TDP ZZ47J92 6%4 5ummary of Actions Reauested Camelot Therapeutic Schools, LLC, (Camelot) has entered into a long term lease agreement, pending the results of this zoning application, with First Industrial, L.P., for the building and real property located at 580 Slawin Court. Camelot proposes to use the entire building, consisting of 30,225 square feet, for a therapeutic day school to provide education to children with exceptional needs. Camelot's educational programming consists of two major areas: academics and vocational /life skills. Academics: CameIot's academic programming consists of a comprehensive curriculum customized to each child's individual need. Traditional areas of studies, such as math, science, etc., are tailored to each child based on their individual education plan while also aligning with Illinois state standards. Vocational/Life Skills: Camelot's vocational and life skills programming consists of a multi- leveled approach aimed at meeting each student at their individual social and vocational skill level. The programming begins within the classroom focusing on subjects such as the interview and application process as well as the identification of specific skills. From the classroom, the program continues into specially designed areas which include the sheltered workshop, vocational workshop, computer lab, and student run library. To name a few specific activities, students will learn how to prep, cook, and serve food in the cafeteria and attached kitchen, as well as take part in our cleaning, maintenance, and recycling crews. Lastly, as an integral part of the program, Camelot will reach out to the Mt. Prospect community to foster relationships with local businesses where students can apply their knowledge in a real -world setting. As seen within the enclosed preliminary floor plan, the vocational areas of the building comprise over 63% of the building. When adding in the transitional areas, the total square footage dedicated to our vocational and life skills program comprises over 81% of the building. It is for this reason that Camelot believes its use fits well within the conditional use of vocational programming as is allowed under current zoning regulations. i I i s f l s l I I A GRAPM SCAEB a<V Tr,m� I i 17 wKamwe m +taco xsw[xc w,tc wn son cax wu�n. +xwva (� o�av Tr 1 �w mcC rrTCCmE entE Wtll I5 mar a ,1E >tie y 1Q9PE1lT! (nur P.,m w oa °F b ias m I "�"s °rlao - ecw seoou arsE Woos wt ,aus uo nob wsiim r 31 9LRP2xf1 M[VaF Or u0111T PR95ifltf r«iw Ig MI 4xa 1aY511en[j AKA ila 1db,t IEW4TgNS 1TF 1 -, 94 1'2R aGa1T T 29111 sccn9us s,.zle. nauaE ,.r raz9ralA i �3 s9tt� wlc,e ii/,ia9 � arsoa.lu� zaav k5 sai tap IaeeyAe¢ m snr I w 19TIRanM G11ER��IWIM9G11 ]YEVTY IBt G9C // laldl[ M9. 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AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR THE _PROPERTY LOCATED AT 580 SLAWIN COURT, MOUNT PROSPECT, ILLINOIS WHEREAS, Camelot Therapeutic Schools, LLC ("Petitioner), has filed a petition for a Conditional Use for property located at 580 Slawin Court ( "Property') and legally described as; Lot 302 -D in Kensington Center- Resubdivision Twenty, in part of the Northeast Quarter of Section 35, Township 42 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois, per plat thereof recorded December 15, 1986 as document number 86600187. Property Index Number: 03 -35- 104 - 053 -0000, 03 -35- 104 -055; and WHEREAS, the Petitioner seeks a Conditional Use Permit to operate a Vocational School; and WHEREAS, a Public Hearing was held on the request for a Conditional Use permit, designated as PZ- 03 -11, before the Planning and Zoning Commission of the Village of Mount Prospect on the 24 day of March, 2011, pursuant to due and proper notice thereof having been published in the Mount Prospect Journal & Topics on the 9 th day of March, 2011; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the President and Board of Trustees in support of the request being the subject of PZ- 03 -11; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the same meets the standards of the Village and that the granting of the proposed Conditional Use permit would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That the recitals set forth hereinabove are incorporated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect do hereby grant a Conditional Use permit to allow the operation of a vocational school at 580 Slawin Court as shown on the Plat of Survey, a copy of which is attached and made a part of as Exhibit "A." SECTION THREE Approval of the Conditional Use permit is subject to compliance with the following conditions: 1. The site shall be developed in general conformance with the floor plans dated January 24, 2011; 2. The school shall be operated in general conformance with the times and programs listed in the application; 3. The Petitioner shall provide additional parking if it is determined that there is a parking shortage; Page 2/2 PZ -03 -11580 Slawin Court 4. The Petitioner shall submit an egress plan to ensure compliance with all applicable building and fire codes for this type of use; 5. The Petitioner obtains a business license; and 6. The site shall be developed in accordance with all Village and State Codes and regulations; SECTION FOUR This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this 6 th day of April, 2011. Irvana K. talks Mayor ATTEST: M. Lisa Angell Village Clerk Village of Mount Prospect mm" PMqX Community Development Department MEMORANDUM ' TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: MARCH 25, 2011 SUBJECT: PZ -04 -11 1212 E. RAND ROAD 1 CONDITIONAL USE (ANIMAL HOSPITAL)! RAJINDER KUMAR The Petitioner currently operates an animal hospital in Des Plaines, and would like to expand his business to Mount Prospect. The Petitioner proposes to purchase the Subject Property and remodel the existing structure to accommodate an animal hospital. Animal hospitals require Conditional Use approval in the B3 Community Shopping District. The animal hospital would operate Monday through Friday from 8 am to 7pm and Saturdays from gam to 2pm. The Petitioner anticipates a total of five (5) employees. The animal hospital would specialize in the treatment of dogs and cats and would perform standard procedures. The hospital would not board animals or have any outdoor kennels. Minor sick animals would stay overnight only if necessary and serious cases will be referred to twenty -four hour emergency facilities. The Planning & Zoning Commission conducted a public hearing to review the request on Thursday, March 24, 2011, and by a vote of 6 -0, recommended approval of a Conditional Use for a vocational school at 212 E. Rand Road, Case No. PZ- 04 -11, subject to the conditions listed in the Staff Report. Details of the proceedings and items discussed during the Planning and Zoning Commission hearing are included in the attached minutes. Please forward this memorandum and attachments to the Village Board for their review and consideration at their April 6, 2011 meeting. Staff will be present to answer any questions related to this matter. " �� William J. Cooney, Jr., Al (,P 11Vf1Wh1hcd$TLA"=ft &Toning COM W&Z 201 [1,W Mcmo TZ44 -11 212 E Rand Rd(Cll -Ammal Hospilall).d C MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -04 -11 PROPERTY ADDRESS: PETITIONER: PUBLICATION DATE: PIN NUMBER: REQUEST: MEMBERS PRESENT: MEMBER ABSENT: STAFF MEMBERS PRESENT: INTERESTED PARTY: Hearing Date: March 24, 2011 212 E. Rand Road Dr. Rajinder Kumar (Contract Purchaser) March 9, 2011 03 -34 -200- 013 -0000 Conditional Use approval for an animal hospital Richard Rogers, Chair William Beattie Leo Floros Theo Foggy Ronald Roberts Keith Youngquist Joseph Donnelly Consuelo Andrade, Development Review Planner Brian Simmons, Deputy Director of Community Development Joe McCarthy Chairman Richard Rogers called the meeting to order at 7:33 p.m. Mr. Floros made a motion to approve the minutes of the February 24, 2011 meeting; Mr. Foggy seconded the motion. The minutes were approved 3 -0 with Mr. Roberts, Mr. Foggy, and Mr. Youngquist abstaining. After hearing 4 previous cases, Chairman Rogers introduced Case PZ- 04 -11, 212 E. Rand Road, Conditional Use for an animal hospital at 10:26 p.m. Ms. Andrade said the Petitioner for PZ -04 -11 was requesting a Conditional Use to operate an animal hospital at the property located at 212 E. Rand Road. Ms. Andrade stated the subject property is located on the north side of Rand Road and presently includes a retail building with related improvements. The property is zoned B -3 Community Shopping District and is adjacent to the B -3 district on all four sides. Ms. Andrade said per the Plat of Survey, the subject property does not comply with current Village requirements in regards to the parking lot setbacks, landscaping, and lot coverage. There are some gravel areas along the side and rear of the building. In addition, the front parking lot does not comply with the required 10 foot setback from the property line. There was very little to no landscaping in the parking lot area. The issues are non - conforming. Ms. Andrade said the Petitioner proposed to remodel the building for an animal hospital. The subject property is currently a light fixture retail store. The Petitioner specializes in the treatment of dogs and cats and would perform standard procedures that include vaccinations, sprays, neuters, and declaws. The hours of operation would be Monday through Friday from 8 a.m. to 7 p.m. and Saturdays from 9 a.m. to 2 p.m. Per the zoning code, a Conditional Use is required for an animal hospital within the B -3 zoning district. Ms. Andrade stated the Petitioner's site plan referenced the minor improvements to the site. The Petitioner proposed to remove the existing gravel located on the side and rear of the building and seed the areas for green space. In addition, the Petitioner would restripe the parking lot located in the front of the subject property. Staff Richard Rogers, Chair PZ -04 -11 Planning & Zoning Commission Meeting March 24, 2011 Page 1 of 3 has reviewed the proposed site plan and recommended that the property be brought up to compliance as close as possible in regards to the landscaping in the parking lot area and also redesigning the parking stalls to improve circulation within the parking lot. Ms. Andrade said the Petitioner would be required to revise the site plan to address some of Staff's review comments. Ms. Andrade stated the proposed site plan indicated a waiting area, 3 exam rooms, office spaces, a surgery room, an x -ray room, a grooming room, and a cat and dog room. Animals would rest and recover after surgery in the cat and dog room. The proposed animal hospital would not board any animals or have any outdoor kennels. The basement as proposed would only be utilized as storage. Ms. Andrade said other departments have reviewed the Petitioner's proposal and have commented that proposal must comply with all fire and building codes. The property would have to be replatted to create a single -lot of record. As previously mentioned, the front parking lot would need to be redesigned to improve circulation and the Petitioner would have to incorporate landscaping. Ms. Andrade said the standards for Conditional Uses are listed in the Zoning Ordinance and include specific findings that must be made in order to approve a Conditional Use. The findings 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; • There is adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets; and • The request is in compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. Ms. Andrade stated Staff reviewed the Petitioner's application and it would have minimal impact on the neighborhood as Rand Road is presently a commercial corridor. Based on the analysis, Staff recommended that the Planning and Zoning Commission approve the motion with conditions presented in the Staff Report. Chairman Rogers confirmed that there were 3 exam rooms that required 3 parking spaces per exam room. There would be a minimum of 9 spaces required. He stated that some of the other areas inside the building could be easily turned into exam rooms in the future. Chairman Rogers wanted to know how the Village would ensure that the Petitioner would only be utilizing only 3 exam rooms. Ms. Andrade stated Staff's understanding was that the dog and cat rooms would not be used as exam rooms. She said a condition could be placed to limit the amount of exam rooms to 3 unless the Petitioner could accommodate for additional parking. Mr. Simmons said if any additional exam rooms were added, it would be considered an intensification of their Conditional Use that would require an amendment to the approval. Mr. Simmons stated the number of exam rooms could be enforced through routine annual inspections performed by the Village. Chairman Rogers asked if Staff went over the landscape requirements with the Petitioner. Ms. Andrade stated that the Petitioner has been made aware that there would be some requirements in regards to landscaping. Staff recommended that the landscape requirements be listed as conditions of approval. Mr. Beattie asked if the 84% lot coverage was because of the gravel. Ms. Andrade said that was correct. Chairman Rogers swore in Joe McCarthy, 1220 Bristol, Westchester, Illinois. Mr. McCarthy stated that he was working and helping Dr. Kumar through the development process. He said that he was in agreement with the front landscaping requirements and agreed to revise the landscaping plan between the public hearing and Village Board meeting. Richard Rogers, Chair PZ -04 -1 I Planning & Zoning Commission Meeting March 24, 201 t Page 2 of 3 Mr. McCarthy wanted to address some comments listed in the Staff report in regards to storm water drainage, storm water structure, fire protection sprinklers, and fire alarms. He said the building is an existing use and the Petitioner would not be changing the footprint or outside of the building. Mr. McCarthy stated that he previously met with Staff to discuss some of these issues. He has also spoken with Engineering, the Building Department, and Fire Prevention Bureau to clarify their comments. Mr. McCarthy wanted the record to reflect that the outstanding issues with the subject departments are still being worked on at the time of the hearing. He wanted to ensure the recommendations placed by the various departments govern over the recommendation listed in Staffs report. Chairman Rogers stated that since the Petitioner was not changing anything outside the building, the main concern was the parking lot, the gravel area, and the landscaping. He said the Petitioner would have to work with the Village's Building Code for inside the building for the interior requirements based on the amount of remodeling. Mr. McCarthy stated he had no problem with this; he just wanted to make sure the Staff report reflect certain conclusions that have already been reached. There was additional discussion regarding the outside requirements. Chairman Rogers confirmed that the subject property was an existing non - conforming use. He also confirmed that there would not be an outside kennel. Mr. McCarthy stated animals would only be retained incidentally for treatment. Chairman Rogers asked if there was anyone else in the audience to address this case. Hearing none, he closed the public portion of the case at 10:35 p.m. and brought the discussion back to the board. Mr. Roberts made a motion, seconded by Mr. Beattie to approve a Conditional Use permit to operate an animal hospital at 212 E. Rand Road, Case No. PZ -04 -1 i subject to the conditions placed in the Staff Report. Mr. Youngquist stated the 7 conditions placed in the Staff report did not address fire alarm, sprinklers, or the other issues raised by Mr. McCarthy. UPON ROLL CALL: AYES: Beattie, Floros, Foggy, Roberts, Youngquist, Rogers NAYS: None Motion was approved 6 -0. The Village Board's decision is final for this case. Mr. FIoros made a motion, seconded by Mr. Foggy to adjourn at 10:37 p.m. The motion was approved by a voice vote and the meeting was adjourned. Ryan Kast, Community Development Administrative Assistant Richard Rogers, Chair PZ -04 -11 Planning & Zoning Commission Meeting March 24, 2011 Page 3 of 3 Village of Mount Prospect Community Development Department CASE SUMMARY — PZ -04 -11 LOCATION: 212 E. Rand Road PETITIONER: Dr. Raj inder Kumar (Contract Purchaser) OWNERS: James and Karleen Vivirito PARCEL #S: 03- 34- 200 - 013 -0000 LOT SIZE: 0.66 acres (29,041 sq. ft) ZONING: B3 Community Shopping District LAND USE: Lighting Store REQUEST: Conditional Use approval for an animal hospital LOCATION MAP Village of Mount Prospect Momm"xP Community Development Department MEMORANDUM TO: FROM: DATE: HEARING DATE: SUBJECT: BACKGROUND MOUNT PROSPECT PLANNING & ZONING COMMISSION RICHARD ROGERS, CHAIRPERSON CONSUELO ANDRADE, DEVELOPMENT REVIEW PLANNER MARCH 15, 2011 MARCH 24, 2011 PZ -04 -11 I CONDITIONAL USE (ANIMAL HOSPITAL) 1 212 E. RAND ROAD / DR. RA.IINDER KUMAR A public hearing has been scheduled for the March 24, 2011 Planning & Zoning Commission meeting to review the application by Dr. Rajinder Kumar (the "Petitioner ") regarding the property located at 212 E. Rand Road (the "Subject Property"). The Petitioner is seeking Conditional Use approval to operate an animal hospital in the B3 Community Shopping District. The P &Z hearing was properly noticed in the March 9, 2011 edition of the Journal Topics Newspaper. In addition, Staff has provided written notice to property owners within 250 -feet and posted a Public Hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located on the north side of Rand Road, and includes a retail building with related improvements. The Subject Property is zoned B3 Community Shopping District and is adjacent to the B3 Community Shopping District on all sides. SUMMARY OF PROPOSAL The Petitioner currently operates an animal hospital in Des Plaines, and would like to expand his business to Mount Prospect. The Petitioner proposes to purchase the Subject Property and remodel the existing structure to accommodate an animal hospital. The Village's Zoning Ordinance lists Animal Hospitals in the B3 District as a Conditional Use, which requires review by the Planning & Zoning Commission and approval by the Village Board. The animal hospital would operate Monday through Friday from S am to 7pm and Saturdays from 9am to 2pm. The Petitioner anticipates a total of five (5) employees. The animal hospital would specialize in the treatment of dogs and cats and would perform the following procedures: • Vaccinations • Sprays, Neuters, and Declaws • Soft tissue surgeries • Treatment of sick animals • X -Rays & EKG's PZ -04 -11 Planning & Zoning Commission Meeting March 24, 2011 Page 3 Per the Petitioner's application, minor sick animals would stay overnight only if necessary. Serious cases will be referred to twenty -four hour emergency facilities. Site Plan Per the Plat of Survey, the Subject Property consists of a one story building with an asphalt parking lot located to the front. There is also gravel along the side of the building and in the rear yard. The Petitioner's site plan indicates the existing parking lot in the front will be restriped and the gravel areas will be improved by removing the gravel and seeding the area. The Subject Property does not comply with current Village Code requirements. The parking lot does not comply with the required ten foot (10') setbacks and landscape islands are not provided. The overall lot coverage is approximately 84 %, which exceeds the maxim 75% permitted lot coverage in the B3 District. The existing building complies with the required building setbacks. The Petitioner will be required to improve the parking lot by providing landscape islands, slightly redesigning the parking spaces, and restriping to better facilitate vehicular circulation within the site. A revised site plan shall be submitted for staff review and approval as part of the building permit. Parking Sec. 14.2224.1 of the Village Code lists parking regulations, which are based on the proposed use. In this case, the Petitioner is required to provide three (3) parking spaces per exam room. The proposed animal hospital will require a total of six (b) parking spaces. The proposed site plan indicates ten (10) parking spaces will be provided, which will comply with the required parking spaces. Building Elevations As shown on the attached elevations, the Petitioner proposes to slightly modify the rear elevation by eliminating an overhead door and blocking the opening to match exiting concrete block and paint color. The front and side building elevations will remain as is. The Petitioner proposes to install a new handicapped ramp and rail along the east building elevation. Floor plan The attached floor plans show the proposed animal hospital will consist of a waiting area, three (3) exam rooms, office spaces, surgery room, x -ray room, grooming room, and a cat and dog rooms. Animals would rest and recover after surgery in the cat room and dog rooms. The proposed animal hospital would not board animals or have any outdoor kennels. The basement will be used for storage only. Landscaping The Petitioner does not propose any landscape improvements other than removing the existing gravel and seeding the area. The Petitioner will be required to improve the front parking lot with landscaping along the front and side yards. A landscape plan illustrating the proposed landscape improvements will be required. Sim There is currently one freestanding sign along the front property line. The Petitioner's application does not indicate any change in signage. Signage for the new business shall be provided and will require separate sign permits and compliance with the Village's Sign Code. Comments from other departments Other departments reviewed the proposal and did not object to the request. However, they did note the proposed use will have to comply with Code requirements that are triggered with the change of use. The change of use from retail to an animal hospital will likely trigger the need to obtain a permit from the Metropolitan Water PZ -04 -1 I Planning & Zoning Commission Meeting March 24, 2011 Page 4 Reclamation District of greater Chicago. If required, the permit must be obtained before the animal hospital is opened. The Fire Department notes that a fire sprinkler and fire alarm system will be required for the proposed use. The Petitioner will be required to submit an egress plan for the entire building. Interior modifications will be necessary in order to achieve the proposed floor plan. A building permit and a complete code analysis, including but not limited to egress, accessibility, area, use, and fire rating analysis will be required. A business license will be required prior to the opening of the animal hospital at the Subject Property. While these are issues to be addressed at a later stage, these requirements are included as part of the Staff Report in an effort to ensure the Petitioner is aware of the requirements and submits the necessary documentation. CONDITIONAL USE STANDARDS The standards for Conditional Uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. The following list is a summary of these findings: • The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; • The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; • There is adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets; and • The request is in compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. Staff reviewed the Petitioner's application and determined that the animal hospital would have minimal impact on the neighborhood. The Subject Property is located within a commercial area and not immediately adjacent to residential uses. The Petitioner's proposed use as an animal hospital will be compatible with the commercial uses on Rand Road. RECOMMENDATION The proposed animal hospital meets the Conditional Use standards contained in Section 14.2031.8 of the Zoning Ordinance, subject to the animal hospital being operated as noted in the Staff Memo and the Petitioner's application. Staff recommends that the Planning & Zoning Commission approve the following motion: "To approve a Conditional Use permit to operate an animal hospital at 212 E. Rand Road, Case No. PZ -04 -11 subject to the following conditions: 1. The site shall be developed in general conformance with the site plan prepared by DM & S Architects, dated February 10, 2011, but revised to comply with Code; 2. The site shall be developed in general conformance with the floor plans prepared by DM & S Architects, dated February 10, 2011, but revised to comply with Code; PZ -04 -11 Planning & Zoning Commission Meeting March 24, 2011 Page 5 3. Submittal of a landscape plan illustrating the proposed landscape improvements; 4. The animal hospital shall be operated in general conformance with the uses and in the manner listed in the Staff Memo; 5. The Petitioner shall provide additional parking if it is determined that there is a parking shortage; b. Prior to obtaining a Certificate of Occupancy, the Petitioner shall prepare a Plat of Consolidation that creates a one -lot subdivision for the Subject Property; 7. The site shall be developed in accordance with all Village and State Codes and regulations." The Village Board's decision is final for this case. I concur: William J. Cooney, AICP Director of Community Develop ent JJ=H:1P1ANTIanning &Zonfag C0N04W&Z20flXStaf1•Rep0m\F X14 -H 212E. Rand Rd. {(:U•wnimal HOSpi t).dw. f VILLAGE OF MOUNT PROSPECT Pro COMMUNITY DEVELOPMENT DEPARTMENT — Planning Division 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847.818.5329 Zoning Request Application W a V z z 0 N ❑ Variation from See. [] Text Amendment: Section(s) ZONING REQUEST (s): )] Conditional Use for AN j 0Q1 ❑ Zoning Map Amendment: From (Of�tdy ❑ Other: to Z F Name Telephone (day) Corporation Telephone evening) Z • d Str 1 ` Address /J�D 1 `�i D Fax Z d C a City Lk State Zip Code Email U Inter st in Property e ,TIMMIL r, wycu LJVPdELEI1V11L VR uur= lniTy Levelopment 50 South Emerson Street, Mount Prospect Illinois www.mountprospect.org Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 sr TT/FA�l II ATV 11L' nG`nl iL'G�mL'T1 A!' Tl XT_ Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 2 TDD 847.392.6064 ❑ Pro a owner same as applicant i A z d zo Name �a� P�3 V) Ye.tb Telephone (day) o Corporation Telephone (evening) R Sicr 47re-A- -L - rq-r Sq. Ft. Devoted to Proposed JNd 4 p Li a Street Address Fax Useb O City State Zi Code Email �o c fw I oto Sr U d Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 2 TDD 847.392.6064 Proposed Use (as listed in the zoning district) f Ito 0 'T Describe in Detail the Buildings and Activities Proposed and How the Proposed.Use Meets the Standards for the Zoning Request Approval (attach additional sheets if necessary) F t7 L wi + R Sicr 47re-A- -L - rq-r Sq. Ft. Devoted to Proposed JNd 4 p Li a L6 r24 A Useb O �z Setbacks: �o O Front U d Side o Side b H b � Hours of Operation VRI Q" 9—Q! Lot Coverage ( %) Standard Parking Spaces Accessible Parking Spaces Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 2 TDD 847.392.6064 Address(es) Street Number, Street) Lot Area (Sq.Ft) Zoning Ristrict Total Building Sq. Ft. Sq. Ft. Devoted to Proposed p Li Useb O Setbacks: O Front Rear Side o Side b H b � Building Height Lot Coverage ( %) Standard Parking Spaces Accessible Parking Spaces I l I t 1 k Adjacent Land Uses: z North South East West ' S OP 0 0 Pro a Number s p mr Index { ): b � -- � � -- O D -- U I (attach additional sheets if necessary) 'onal Le al Description attach add' sheets if eets necess Cal _I aF ?��[� ��T !yo Flip a F ?trA� PA-k7 „ T 00 w P tia 30 piy04.I__I1, .T b F 7P+ I R-o - pklfj tC I- ft) 1 8tl. f �hogR7 d o_ - ff? off' �t� �j AA b R 1� ����XL 'i -r MoRT�j Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 2 TDD 847.392.6064 Mount Prospect Department of Community Development Phone 847.818.5328 50 South. Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 3 TDD 847.392.6064 Address(es) (Street Number, Street) D R�� Z Lot Area (Sq.ft) qq, 4 Zoning Di ct Total Building Sq. Ft. Sq. Ft. Devoted to Proposed A d oC d v�Ct� Use d ©`a C Setbacks: a O Front �S40 Rear � O Side � C3 Side + O p " Building Height f% Lot Coverage ( %) Standard Parking Spaces Accessible Parking Spaces i 1 [a Developer Name Telephone (day) Address Fax Email Attorney Name r" Telephone (day) �"1_ a — 1 3 �� •y 1, Address P—O" SLV ax 60 Email 7 . r- Surveyor z Name t4 1A Telephone (day) O 1 Address Fax c O � Email wo a; q c Engineer Name Telephone (day) O ° Address Fax :4 A d i Email Architect Name ��++ Telephone (day) �j30 ,�–�b j r 4 C CH Address list [ Fax Email Landscape Architect Name i M Telephone (day) Address Fax Email Mount Prospect Department of Community Development Phone 847.818.5328 50 South. Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 3 TDD 847.392.6064 Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Community Development Department's PIanning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and completeness at the time of submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agent's permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirm t II information provided herein and in all materials submitted in association with this application are true and accurate to pp�� Applicant Date ljC t gnature) If applicant is not property owner: I hereby designate the applicant to act as my aver the purpose of seeking the zoning request(s) described in this application and the associated supporting maygrial. ��/ Property Owner " Date Z Print Name L _ V M • \ Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 4 TDD 847.392.6064 To Whom It May Concern: I am Raj inder Kumar and have been practicing veterinary medicine in the United States since 1996. Before opening my own practice, I had practiced in Wisconsin and Indiana for six and a half years. I opened Des Plaines Family Pet Clinic in September of 2003. Since opening my own practice, I have more than 3,000 clients. My practice continues to grow steadily. My clients come from all over the Northwest Suburbs. I am looking to expand my practice in order to better meet the needs of my clients. In order to achieve this goal 212 East Rand Road would be the ideal place for my expansion plan. Since this location is not that far from my current practice this move will not affect my clients that much. My place of business will serve to treat not only sick animals but also healthy ones. Our office hours will be Monday to Friday from 8:00 a.m. to 7:00 p.m. and Saturdays from 9:00 to 2:00 p.m. My business will consist of five employees. My specialty is small animals mainly dogs and cats. The following procedures will be done on these animals: • Vaccinations • Spays, Neuters, and declaws • Soft tissue surgeries • Treatment of sick animals • Prescription diets • X -Rays & EKG's We will refer very serious cases to twenty -four hour emergency facilities. We will only keep minor sick animals overnight only if necessary. While utilizing this property, we will abide by the Standards for Conditional Use of the Village of Mount Prospect as follows: • We will follow all of the Village's codes and take the necessary steps to ensure the public's health, safety and general welfare. During this project we will do some site improvements to the property that already exists and it will make this property more appeasing. • Since this property will be used as a business and it is already in a business district, the conditional use of this property will not impede this area. • Since we will be only making improvements inside the already existing property, this will not affect the public utilities, access to roads, and drainage at all. • This property is already being used as a retail business so we won't have to make any to the entrance of this property so the traffic pattern will not be changed. This property is already in the business district so the conditional use will not affect the Village's Comprehensive Plan. • In conclusion, we will take every precaution and effort to abide by the regulations of the Village of Mount Prospect and State of Illinois. J a " � li p a ash a y . uj tl�tl Li d o s +fib Ihel iffE � � LI US 1 j uj uj € � OIL �. �w - LU 's z ` i .r I ;I: �E I f I I MAR.28.2011 15:10 847 -222 -1251 rn cn rn �U r ly Z Ehlke Lar_i.gro Architects, Ltd. #1574 P.003 !Q04 i I Q f m I r P 145V .l' \N A 0 _.1 0 RMN PI I ts� I 6 c a,w rrr m�? m I u 11 15.34' If - MAR.29.2011.15:10 847- 222 -1251 w� - 10,x SS �- 2hlk2 Lonigro Architects, Ltd. #1579 P.004 /004 i m i rn x I 6 I D �A I 13 r M� I I �I (J ( I I ( I I i 2V R�AR YARD %T5AGK ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 212 EAST RAND ROAD, MOUNT PROSPECT, ILLINOIS WHEREAS, Rajinder Kumar ( "Petitioner) has filed a petition for a Conditional Use with respect to property located at 212 E. Rand Road ( "Property') and legally described as; The West 70 feet of the East 140 feet of that part of the Northeast' /4 of the Northeast 1 /4 of Section 34, Township 42 North, Range 11, East of the Third Principal Meridian, lying North of the North Line of Rand Road, (except the North 500 feet thereof) in Cook County, Illinois. Property Index Number: 03 -34- 200 - 013 -0000; and WHEREAS, the Petitioner seeks a Conditional Use permit to operate an animal hospital; and WHEREAS, a Public Hearing was held on the request for a Conditional Use permit, designated as PZ- 04 -11, before the Planning and Zoning Commission of the Village of Mount Prospect on the 24 day of March, 2011, pursuant to due and proper notice thereof having been published in the Mount Prospect Journal & Topics on the 9 th day of March, 2011; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the President and Board of Trustees in support of the request being the subject of PZ- 04 -11; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the same meets the standards of the Village and that the granting of the proposed Conditional Use permit would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That the recitals set forth hereinabove are incorporated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect grant a Conditional Use permit for the operation of an animal hospital at property located at 212 E. Rand Road as shown on the Plat of Survey, a copy of which is attached and made a part of as Exhibit "A." SECTION THREE Approval of the Conditional Use is subject to compliance with the following conditions: 1. The site shall be developed in general conformance with the site plan prepared by DM & S Architects, dated February 10, 2011, but revised to comply with Code; 2. The site shall be developed in general conformance with the floor plans prepared by DM & S Architects, dated February 10, 2011, but revised to comply with Code; 3. Submittal of a landscape plan illustrating the proposed landscape improvements; 4. The animal hospital shall be operated in general conformance with the uses and in the manner listed in the Staff Memo; 5. The Petitioner shall provide additional parking if it is determined that there is a parking shortage; Page 2/2 PZ -04 -11212 E. Rand Road 6. Prior to obtaining a Certificate of Occupancy, the Petitioner shall prepare a Plat of Consolidation that creates a one -lot subdivision for the Subject Property; and 7. The site shall be developed in accordance with all Village and State Codes and regulations. SECTION FOUR This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this 6 th day of April, 2011. Irvana K. talks Mayor ATTEST: M. Lisa Angell Village Clerk KLEIN, THORPE & JENKINS, LTD. Attorneys at Law March 9, 2011 Mr. Michael E. Janonis Village Manager Village of Mount Prospect 50 South Emerson Street Mount Prospect, IL 60056 20 N. Wacker Drive, Ste 1660 15010 S. Ravinia Avenue, Ste 10 Chicago, Illinois 60606 -2903 Orland Park, Illinois 60462 -5353 T 312 984 6400 F 312 984 6444 T 708 349 3888 F 708 349 1506 DD 312 984 6410 dgwalsh @ktjlaw.com www.ktjlaw.com Re: Amendments to Ordinance Nos. 5611 and 5628 Dear Mike: As you may recall, Shell Oil Products had asked the Village of Mount Prospect to adopt an ordinance that would ban the use of groundwater wells within a certain limited area around Shell's facilities located at 1798 S. Elmhurst Road and 927 S. Busse Road, Mount Prospect, Illinois. On January 16, 2007, the Village passed and approved Ordinance No. 5611 which addressed the facility located at 927 S. Busse Road, and on May 1, 2007, the Village Board passed and approved Ordinance No. 5628 which addressed the facility located at 1798 S. Elmhurst. The EPA now has a model ordinance that may be used as an institutional control pursuant to the TACO regulations, and Shell Oil Company is now asking that the Village pass the enclosed ordinances so that Shell can obtain a No Further Remediation Letter from the Illinois Environmental Protection Agency using the TACO regulations with respect to those sites. As such, I would ask that you put this on the next Village Board agenda for consideration. If there should be any questions, please do not hesitate to call me. Very truly yours, Enc. cc: KLE , THORPE AND JENKINS, LTD. & � � Dennis G. Walsh Everette M. Hill, Jr., Village Attorney 265869_1 ORDINANCE NO. AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD WHEREAS, the Village of Mount Prospect is a home rule unit pursuant to the provisions of Article VII, Section 6 of the Constitution of the State of Illinois; and WHEREAS, the Village has authority and power to regulate for the protection of the public health and welfare; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have found that the property legally described below is located in the Village of Mount Prospect and has been used over a period of time for commercial/industrial purposes; and WHEREAS, because of said use, concentrations of certain chemical constituents in the groundwater in the vicinity of the said property may exceed Class I groundwater quality standards for potable resource groundwater as set forth in 35 Illinois Administrative Code 620 or Tier 1 residential remediation objectives as set forth in 35 Illinois Administrative Code 742; and WHEREAS, the Village of Mount Prospect desires to limit potential threats to human health from groundwater contamination while facilitating the redevelopment and productive use of the properties that are or may be impacted with the said chemical constituents; NOW, THEREFORE, Be It Ordained by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, as follows: SECTION 1: Use of Groundwater as a Potable Water Supply Prohibited. Except for uses or methods in existence before the effective date of this Ordinance, the use or attempt to use as a potable water supply groundwater from within 500 feet of the boundaries of the property legally described below by the installation or drilling of wells or by any other method is hereby prohibited, including points of withdrawal by the Village of Mount Prospect: THE WEST 150 FEET, AS MEASURED ALONG THE NORTH AND SOUTH LINES, OF LOT 9 IN BUSSE COUNTRY ESTATES BEING A SUBDIVISION OF THE WEST 25 ACRES OF THAT PART OF THE WEST HALF OF THE NORTH WEST QUARTER OF SECTION 14 TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF SEEGERS ROAD, IN COOK COUNTY, ILLINOIS, EXCEPTING THEREFROM THAT PART TAKEN BY THE STATE OF ILLINOIS FOR THE USE OF THE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS IN A DEED DATED JULY 31, 1969 AND REGISTERED AUGUST 20, 1969 AS DOCUMENT LR 2467767 CONVEYING THAT PART DESCRIBED AS FOLLOWS: Manage #186051 v3 BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 9 A DISTANCE OF 25 FEET TO A POINT; THENCE SOUTHEASTERLY ALONG A STRAIGHT LINE A DISTANCE OF 38.59 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 9, DISTANT 25 FEET SOUTHEAST OF THE SOUTHWEST CORNER THEREOF, THENCE NORTHWESTERLY ALONG SAID SOUTHERLY LINE OF LOT 9 A DISTANCE OF 25 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS PIN: 08 -14 -106 -014 Commonly Known as: 927 S. Busse Hwy., Mt. Prospect, IL SECTION 2: Penalties. Any person violating the provisions of this Ordinance shall be subject to a fine of up to $750.00 for each violation. SECTION 3: Definitions. "Person" is any individual, partnership, co- partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, or any other legal entity, or their legal representatives, agents, or assigns. "Potable water" is any water used for human or domestic consumption including, but not limited to, water used for drinking, bathing, swimming, washing dishes, or preparing foods. SECTION 4: Repealer. All ordinances or parts of ordinances in conflict with this Ordinance are herein repealed insofar as they are in conflict with this Ordinance. SECTION 5: Severability. If any provision of this Ordinance or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the Ordinance as a whole or of any portion not adjudged invalid. SECTION 6: Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the newspaper as required by law. Ayes: Nays: iManage:186051_3 2 " • t Absent: Passed and Approved this day of 9 2011. Irvana K. Wilks, Village President Attest: M. Lisa Angell, Village Clerk Nanage:I W651 3 •3 ORDINANCE NO. AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD WHEREAS, the Village of Mount Prospect is a home rule unit pursuant to the provisions of Article VII, Section 6 of the Constitution of the State of Illinois; and WHEREAS, the Village has authority and power to regulate for the protection of the public health and welfare; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have found that the property legally described below is located in the Village of Mount Prospect and has been used over a period of time for commercial/industrial purposes; and WHEREAS, because of said use, concentrations of certain chemical constituents in the groundwater in the vicinity of the said property may exceed Class I groundwater quality standards for potable resource groundwater as set forth in 35 Illinois Administrative Code 620 or Tier 1 residential remediation objectives as set forth in 35 Illinois Administrative Code 742; and WHEREAS, the Village of Mount Prospect desires to limit potential threats to human health from groundwater contamination while facilitating the redevelopment and productive use of the properties that are or may be impacted with the said chemical constituents; NOW, THEREFORE, Be It Ordained by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, as follows: SECTION 1: Use of Groundwater as a Potable Water Supply Prohibited. Except for uses or methods in existence before the effective date of this Ordinance, the use or attempt to use as a potable water supply groundwater from within 500 feet of the boundaries of the property legally described below by the installation or drilling of wells or by any other method is hereby prohibited, including points of withdrawal by the Village of Mount Prospect: That part of Lot 4 in Linneman's Division of the South 3/4 of the East half of the North East quarter and of the West half of the North East quarter of Section 23, Township 41 North, Range 11, East of the Third Principal Meridian and the South 477.78 feet of the West half of the South East quarter of Section 14, Township 41 North, Lange 11, East of the Third Principal Meridian, described as follows: Beginning at the South East corner of said Lot 4, being also the South East corner of the said North East quarter of Section 23, and 9.22 feet North of the center line 186136_3 of Algonquin Road: thence North along the East line of said Lot 4 and the East line of said North East quarter for a distance of 240.78 feet; thence West along a line which is 200 feet (as measured along said East line) North of and parallel with the North line of Algonquin Road, as dedicated by document record in the Recorder's Office of Cook County, Illinois, as No. 11195787, for a distance of 250 feet; thence South parallel with the East line of Lot 4 for a distance of 239.63 feet to a point on the South line of said Lot 4, which point is 39.63 feet South of the North line and 10.37 feet North of the center line of Algonquin Road; thence East along the South line of Lot 4 and the South line of the North East quarter of said Section 23, for a distance of 250 feet to the place of beginning, (excepting from the above described premises that part of Elmhurst Road and Algonquin Road included in said dedication recorded as document 11195787), all in Cook County, Illinois. PIN: 08 -23- 203 - 020 -0000 COMMONLY KNOWN AS: 1798 S. Elmhurst Rd., Mt. Prospect, IL SECTION 2: Penalties. Any person violating the provisions of this Ordinance shall be subject to a fine of up to $750.00 for each violation. SECTION 3: Definitions. "Person" is any individual, partnership, co- partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, or any other legal entity, or their legal representatives, agents, or assigns. "Potable water" is any water used for human or domestic consumption including, but not limited to, water used for drinking, bathing, swimming, washing dishes, or preparing foods. SECTION 4: Repealer. All ordinances or parts of ordinances in conflict with this Ordinance are herein repealed insofar as they are in conflict with this Ordinance. SECTION 5: Severability. If any provision of this Ordinance or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the Ordinance as a whole or of any portion not adjudged invalid. 186136_3 2 SECTION 6: Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the newspaper as required by law. Ayes: Nays: Absent: Passed and Approved this day of , 2011. Irvana K. Wilks, Mayor Attest: M. Lisa Angell, Village Clerk 1861363 3