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HomeMy WebLinkAbout5. Old Business 02/21/2012Village of Mount Prospect Community Development Department MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JANUARY 27, 2012 SUBJECT: PZ -31 -11 1701 E. PROSPECT AVE.1 AMENDMENT TO PLANNED UNIT DEVELOPMENT & VARIATIONS (DENSITY & LOT COVERAGE)1 CONSTANTINE FOURLAS - PETITIONER The Petitioner previously received Conditional Use approval for a Planned Unit Development (PUD) consisting of a twelve (12) unit townhome development. The residential development was not constructed and the Petitioner now seeks to amend the original PUD from twelve (12) townhomes to twenty four (24) condominium units. The number of buildings, elevations, and site layout has not changed from the originally approved plan. However, an amendment to the original PUD and variations to density and overall lot coverage are now required in order to allow the revised proposal. A maximum of fourteen (14) dwelling units are permitted on the Subject Property. The Petitioner's revised proposal includes a density of twenty six (26) units per acre (24 units /0.92 acres), which exceeds the maximum density permitted within the R4 District. Therefore, the Petitioner seeks a variation to increase the density from the permitted fourteen (14) to twenty four (24) dwelling units. The Petitioner's proposal complies with the required fifty three (53) parking spaces, including five (5) guest parking spaces. However, a variation to lot coverage is required. The increase to lot coverage is due to the new guest parking spaces provided, which were not part of the original PUD. The Petitioner intends to use pavers for the driveway aprons and guest parking spaces. In addition to the proposed off - street parking spaces, there is currently on- street parking available on the north and south sides of Prospect Avenue (west of Edward Street). The Planning & Zoning Commission conducted a public hearing to review the requests on Thursday, January 26, 2012, and by a vote of 6 -0, recommended approval of the following motions: 1} Amendment to the Planned Unit Development being the subject of Ordinance No. 5642 to allow the construction of twenty four (24) condominium units; 2) Variation to increase the density from the permitted fourteen (14) to twenty four (24) dwelling units; and 3) Variation to allow a fifty four percent (54 %) lot coverage, subject to the installation of permeable pavers as per the pavement exhibit prepared by HKM Architects + Planners, Inc., dated December 13, 2011, and the conditions of approval listed in the staff report for the property located at 701 E. Prospect Avenue. Details of the proceedings and items discussed during the Planning and Zoning Commission hearing are included in the attached minutes. PZ -31 -11 January 27, 2012 Please forward this memorandum and attachments to the Village Board for their review and consideration at their February 7, 2012 meeting. Staff will be present to answer any questions related to this matter. William J. Cooney, J , AICP MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -31 -11 Hearing Date: January 26, 2012 PROPERTY ADDRESS: 701 E. Prospect Avenue PETITIONER: 701 E. Prospect Avenue, L.L.C. —Constantine Fourlas PUBLICATION DATE: January 11, 2012 PIN NUMBER: 08 -12 -428 -004 -0000 REQUESTS: 1) Amend the Planned Unit Development (PUD) from twelve (12) townhomes to twenty -four (24) condominium units 2) Variation to increase density 3) Variation to increase lot coverage MEMBERS PRESENT: Richard Rogers, Chair William Beattie Joseph Donnelly Keith Youngquist Leo Floros Jacqueline Hinaber, Alternate MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Consuelo Andrade, Development Review Planner Brian Simmons, Deputy Director of Community Development INTERESTED PARTIES: Constantine Fourlas, John Klimick, Mark Siviero, Carolee Esposito, Nancy Vincent, Bradley Lenz, Nicholas Marino, Tim Loucopoulos Chairman Rogers called the meeting to order at 7:31 p.m. Mr. Donnelly made a motion, seconded by Mr. Youngquist to approve the minutes of the December 8, 2011 Planning & Zoning Commission meeting; the minutes were approved 4 -0 with Mr. Floros abstaining. Mr. Beattie arrived at 7:39 p.m. After hearing two (2) previous cases, Chairman Rogers introduced Case PZ- 31 -11, 701 E. Prospect Avenue at 8:02 p.m. Ms. Andrade stated that the Petitioner for PZ -31 -11 was seeking to amend the Planned Unit Development from twelve (12) townhomes to twenty -four (24) condominium units and Variations to increase density and lot coverage for the property located at 701 E. Prospect Avenue. The Subject Property is located at the intersection of Prospect Ave. and Edward Street, and currently is vacant. Ms. Andrade said the Petitioner previously received Conditional Use approval for a PIanned Unit Development consisting of a twelve (12) unit townhome development and a density of thirteen (13) dwelling units per acre. The residential development was not constructed and the Petitioner was seeking to amend the original PUD from twelve (12) townhomes to twenty -four (24) condominium units. An amendment to the original PUD and Variations to density and overall lot coverage are now required in order to allow the revised proposal Ms. Andrade showed a comparison of the original and revised site plans indicating that the only difference is five (5) guest parking spaces were added as part of the revised PUD proposal. The number of buildings and site layout would remain the same. As in the original PUD, the development would consist of three (3) principal buildings: one (1) building would front Prospect Avenue, another Edward Street, and the third building would front the existing alley. Richard Rogers, Chair PZ -31 -11 Planning & Zoning Commission Meeting January 26, 2012 Page 1 of 6 Ms. Andrade said the proposed building elevations match the original PUD's elevations. Each building would be constructed primarily out of brick and include a stone base and decorative trimming. The overall average height of the buildings would be thirty-six (36) feet and four (4) inches, which received zoning relief as part of the original PUD. Ms. Andrade showed a drawing that illustrated the proposed development looking south from Prospect Avenue. Ms. Andrade referenced the following table: Ms. Andrade said the table compared the Petitioner's revised Planned Unit Development with the Village Code requirements and the original PUD. The proposed buildings would comply with the setback Variations approved as part of the original PUD. With the addition of the five (5) guest parking spaces, the overall lot coverage increases to fifty -four (54) percent which requires Variation approval. Additionally, a Variation is needed to allow a density of twenty -four (24) dwelling units per acre when the Village Code allows a maximum of fourteen (14) dwelling units at the Subject Property, Ms. Andrade stated the Village's parking requirement for multi - family residential is two (2) parking spaces per dwelling unit and one (1) guest parking space for every ten (10) required parking spaces. Therefore, the Petitioner's proposal for twenty -four (24) dwelling units would require a total of fifty -three (53) parking spaces, including five (5) guest parking spaces. The site plan indicated the development would comply with the required fifty -three (53) parking spaces. However, a Variation to lot coverage is required. In addition to the proposed off - street parking spaces, there is currently on- street parking available on the north and south sides of Prospect Avenue. Ms. Andrade said the standards for Conditional Uses are listed in' Section 14.203 of the Village Zoning Ordinance and include specific findings that must be made in order to approve a Conditional Use. A summary of the standards include: The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; Adequate provision of utilities, drainage, and design of access and egress to minimize congestion on Village streets; and Ms. Andrade stated Staff found that the request to amend the PUD is consistent with the original PUD approval and the Village Comprehensive Plan. The layout, bulk, and elevations match the original approval. The proposed access point has not changed from that of the original PUD either. The Petitioner still intended to eliminate the two (2) existing curb cuts off of Edward Street to provide one principal access drive into the development thus minimizing traffic congestion on Edward Street. The proposed land use as multi - family is a permitted use in the underlying zoning district and is consistent with the Comprehensive Plan. Richard Rogers, Chair PZ -31 -11 Planning & Zoning Commission Meeting January 26, 2012 Page 2 of 6 R4 District Minimum Requirements Original PUD _ LZoning Relief Granted Amendment to PUD Setbacks: Front Edward St. 30' 20' No change Exterior Side Yard (Prospect Ave.) 20' 12' No change Interior Side Yard Alle 10' 8' No change Rear 25' 15' No change Building Height 35' 36 No change Lot Coverage 50% 51.6% 53.69 Ms. Andrade said the table compared the Petitioner's revised Planned Unit Development with the Village Code requirements and the original PUD. The proposed buildings would comply with the setback Variations approved as part of the original PUD. With the addition of the five (5) guest parking spaces, the overall lot coverage increases to fifty -four (54) percent which requires Variation approval. Additionally, a Variation is needed to allow a density of twenty -four (24) dwelling units per acre when the Village Code allows a maximum of fourteen (14) dwelling units at the Subject Property, Ms. Andrade stated the Village's parking requirement for multi - family residential is two (2) parking spaces per dwelling unit and one (1) guest parking space for every ten (10) required parking spaces. Therefore, the Petitioner's proposal for twenty -four (24) dwelling units would require a total of fifty -three (53) parking spaces, including five (5) guest parking spaces. The site plan indicated the development would comply with the required fifty -three (53) parking spaces. However, a Variation to lot coverage is required. In addition to the proposed off - street parking spaces, there is currently on- street parking available on the north and south sides of Prospect Avenue. Ms. Andrade said the standards for Conditional Uses are listed in' Section 14.203 of the Village Zoning Ordinance and include specific findings that must be made in order to approve a Conditional Use. A summary of the standards include: The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; Adequate provision of utilities, drainage, and design of access and egress to minimize congestion on Village streets; and Ms. Andrade stated Staff found that the request to amend the PUD is consistent with the original PUD approval and the Village Comprehensive Plan. The layout, bulk, and elevations match the original approval. The proposed access point has not changed from that of the original PUD either. The Petitioner still intended to eliminate the two (2) existing curb cuts off of Edward Street to provide one principal access drive into the development thus minimizing traffic congestion on Edward Street. The proposed land use as multi - family is a permitted use in the underlying zoning district and is consistent with the Comprehensive Plan. Richard Rogers, Chair PZ -31 -11 Planning & Zoning Commission Meeting January 26, 2012 Page 2 of 6 Ms. Andrade said the standards for a Variation are listed in Section 14.203 of the Village Zoning Ordinance and include seven (7) specific findings that must be made in order to approve a Variation. A summary of 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 stated that the Petitioner was seeking a Variation to increase the density from the allowable fourteen (14) to twenty -four (24) dwelling units. Per the Petitioner, the twenty -four (24) unit multi- family development would allow the project to be financed under the present economic housing market conditions. Staff was supportive of this Variation request as the proposed density would be consistent with the density found in the surrounding multi - family developments along Prospect Avenue. Developments adjacent to the west of the Subject Property include densities of twenty -eight (28), twenty -nine (29), and thirty-one (3 1) units per acre. Additionally, the proposed two and one half (2.5) story buildings would blend in with the neighborhood character as the surrounding apartment buildings along Prospect Avenue measure two to three stories tall. Ms. Andrade said the Petitioner sought a Variation to allow fifty -four (54) percent lot coverage. The increase to lot coverage is due to the new guest parking spaces provided, which were not part of the original PUD. Per the Petitioner, pavers with a 0.80 runoff coefficient would be used for the driveway aprons and guest parking spaces. The Petitioner determined the runoff coefficient based on the Village of Winnetka's treatment of brick pavers. The Village of Winnetka considers only eighty (80) percent of an area covered with brick as impermeable surface. Staff was not supportive of the Petitioner's Variation request to lot coverage as the Village of Mount Prospect considers brick pavers as impervious. The Village of Mount Prospect's definition of impervious surface includes pavers. Ms. Andrade stated due to the presence of available on street parking on Prospect Avenue located adjacent to the development, Staff would be supportive of a Variation to reduce the required parking for the development from fifty -three (53) spaces to forty -eight (48) by eliminating the proposed five (5) guest spaces in lieu of the lot coverage variation. Guests of the development would be permitted to use the on- street parking per the Village parking regulations established along Prospect Avenue. Ms. Andrade said Staff recommended that the Planning & Zoning approve an amendment to the Planned Unit Development allowing twenty -four (24) condominium units along with a Variation to increase the density as listed in the Staff Report. Staff also recommended that the Planning &Zoning Commission deny the Variation to increase the lot coverage also noted in the Staff Report. The Village Board's decision is final for this case. Chairman Rogers confirmed with Staff that the Petitioner has updated the plan from a two -story townhome unit to two (2) one -story condominium units. He asked if the second story unit would be supported by only one staircase /exit. Mr. Simmons stated that the Fire Department reviewed the proposed project and was comfortable with the one (1) staircase. He also said that the staircase would have to be sprinkled as well. Chairman Rogers stated his concern with increasing the density from fourteen (14) to twenty four (24) units. He asked Staff to clarify the parking situation and the motions. Mr. Simmons clarified that Staff would be supportive of a Variation to decrease parking by removing the five (5) additional parking spaces in lieu of the lot coverage Variation the Petitioner has requested. Richard Rogers, Chair PZ -31 -11 Planning & Zoning Commission Meeting January 26, 2012 Page 3 of 6 Mr. Floros asked if the commuter parking on the north side of Prospect Avenue extended to where the Subject Property is located. Mr. Simmons stated no, it was just hourly parking in the immediate area of the Subject Property. Ms. Hinaber commended Staff for providing an alternative to the lot coverage Variation. She did not believe Eve (5) guest spaces were sufficient for twenty -four (24) units. She stated guests of those living in the proposed condominiums would be parking on the surrounding streets. Ms. Hinaber said Prospect Avenue was not very difficult to park on during the weekends. There was additional discussion regarding the density and parking. Chairman Rogers swore in the Petitioner /Co -Owner of the Subject Property, Constantine Fourlas, 2300 W. Diversey Avenue, Chicago, Illinois. Mr. Fourlas stated that the additional five (5) parking spaces were added based on feedback from the neighbors who had parking concerns when the PUD was originally approved in 2007. He said that they tried to address the lot coverage issue with the proposed permeable pavers. Mr. Fourlas discussed that each condominium unit would have its own garage and storage unit. He explained how many of the existing condominium owners in the area utilize their garages as storage; not as a place to park. Mr. Simmons confirmed that the proposed development met the Village's parking requirements from a minimum parking standpoint. The proposed development requires two (2) parking spaces per unit (parking space in the garage and a space on the parking pad). Mr. Simmons stated the proposal with the five (5) guest spaces met the Code's requirements. Chairman Rogers questioned whether or not the five (5) additional spaces were required. Mr. Simmons said the Code requires one (1) guest space per every ten (10) spaces that is required. He stated that in order for the Petitioner to conform to the required number of parking spaces, additional lot coverage was needed. Staff was in favor of a parking Variation to eliminate the five (5) additional parking spaces to utilize the on -street parking. Thus, the lot coverage Variation would not be needed. Mr. Fourlas discussed how the real estate market has changed since the original PUD was approved. He stated there is more of a need for smaller two (2) bedroom units as compared to large townhomes. Mr. Fourlas said that everything is the same as the original PUD, with the exception of the townhomes that are now condominiums and there are five (5) proposed guest parking spaces. There was general discussion on the marketability of the condominium units. Mr. Floros asked what the price point would be for the proposed condominium units. The units will have (2) bedrooms, one (1) bath, approximately 1,000 square feet and would be sold between $175,000 and $200,000. Ms. Hinaber asked about the proposed bonus room on the ground floor. Mr. Fourlas stated that the bonus room could be sub - divided as additional storage for the two (2) property owners. There is no plumbing and electrical in the bonus room. Chairman Rogers swore in John Klimick, 706 E. Shabonce Trail, Mount Prospect, Illinois. Mr. Klimick stated that his townhome is part of the Shabonee Townhome Association that is directly south of the Subject Property, Mr. Klimick had concerns regarding the density and additional traffic within the alleyway. He said the parking is already an issue in the area. Mr. Klimick also mentioned concerns and beliefs that condominiums would attract more renters than owners. Chairman Rogers swore in Mark Siviero, 716 E. Shabonee Trail, Mount Prospect, Illinois. Mr. Siviero discussed the placement of five (5) parking spaces on the street for the Subject Property. He felt that his townhome association deserved additional parking since they only have one (1) parking space in the garage. He believed that if the proposal remained as townhomes it would raise the values of the surrounding properties. Chairman Rogers explained to Mr. Siviero that if the five (5) guest spaces for the proposed development were moved to the street, they would have to abide by the Village's overnight parking ban. Ms. Hinaber clarified by moving the guest Richard Rogers, Chair PZ -31 -11 PIanning & Zoning Commission Meeting January 26, 2012 Page 4 of 6 spaces off of the Subject Property to the public street would not be striped only for the new condominiums. Ali residents and guests can park on Village streets during the day up until the overnight parking ban. There was additional discussion regarding the street parking and guest spaces for the proposed development. Chairman Rogers swore in Carolee Esposito, 712 E. Shabonee Trail, Mount Prospect, Illinois. Ms. Esposito had concerns with the Iot coverage. She wanted to know where the water would go if the lot coverage Variation was granted. Chairman Rogers stated this was why Staff presented the option of removing the guest spaces from the proposal to keep the lot coverage from increasing. Mr. Floros asked if there was a flooding problem in the area. Ms. Esposito stated that there has not been a problem so far. There was additional discussion regarding parking on Prospect Avenue. Mr. Simmons confirmed that there was two (2) hour parking restrictions along Prospect Avenue where the Subject Property lies. He said cars do park along Prospect Avenue, but Staff never saw the street fully occupied with parked cars during its review. Mr. Simmons said after 6 p.m., there are no hourly parking restrictions until the overnight ban goes in effect. Chairman Rogers swore in Nancy Vincent, 507 S. Edward Street, Mount Prospect, Illinois. Ms. Vincent stated that her property is located approximately five (5) houses south of the Subject Property. She said the design of the proposal would fit well within the neighborhood, but she did have concerns with density. Ms. Vincent also asked for clarification on where guests would be asked to park. Chairman Rogers stated wherever the closest street space is to the Subject Property/unit. Ms. Vincent wanted to know if there was a perceived parking issue, would the units be tougher to sell. She also questioned the traffic flow for the Subject Property and wanted to know if there was an entrance off of Prospect Avenue. Chairman Rogers said that the residents for the proposed development would enter off of the alley to the south of the property. There was additional discussion regarding the bonus room for the ground units of the proposed development. Chairman Rogers swore in Bradley Lenz, 718 E. Shabonee Trail, Mount Prospect, Illinois. Mr. Lenz had concerns with the additional density, traffic, and the size of the alleyway. He stated that parking can be tight at times. He wanted to know if there was a study completed how the proposed condominiums would have on the values of the surrounding adjacent properties. Chairman Rogers stated according to the plans submitted, the alleyway is twenty (20) feet. He understood that it may be tight, but it does allow for two (2) way traffic. Chairman Rogers swore in Nicholas Marino, 5800 Dempster Street, Morton Grove, Illinois, Mr. Marino stated that he owns four (4) townhomes that are rentals on Shabonee Trail. He believed the design and elements of the proposed development fit in with the surrounding properties. Mr. Marino discussed his real estate background and believed that if the townhomes were built as proposed in 2007, they would still be sitting vacant. He said the townhomes he rents has one (1) garage space and he has not heard any complaints regarding parking on the street. Mr. Marino believed the alleyway is adequate for the proposed development. Chairman Rogers swore in Tim Loucopoulos, 2300 W. Diversey, Chicago, Illinois. Mr. Loucopoulos is a Co- Owner of the Subject Property and said the commercial building that once stood at 701 E. Prospect Avenue was approximately in the sixty -five (65) to sixty -six (66) percent range for lot coverage. Chairman Rogers asked if there was a preference for the location of the additional guest parking spaces. Mr. Loucopoulos said there were no issues with on- street parking on the Prospect Avenue or Edward Street side of the Subject Property. He stated the parking spaces were placed on the property with the pavers so there would be fewer objections. There was additional discussion regarding the brick permeable pavers. Mr. Floros asked if there was financing in place for the proposed project. Mr. Loucopoulos stated that there is preliminary financing in place. There was discussion on there being a current market for the type of housing that is being proposed. Richard Rogers, Chair PZ -31 -11 Planning & Zoning Commission Meeting January 26, 2012 Page 5 of 6 Chairman Rogers asked if there was consideration to put pavers in the driveways and parking spaces. Mr. Loucopoulos said the architect calculated only eighty (80) percent of the areas covered with pavers as impermeable to bring the lot coverage to the 51.6% as originally proposed. However, the Village Code does not define brick pavers as a permeable surface. Chairman Rogers believed the Petitioner would be under the fifty (50) percent Iot coverage if permeable pavers were used throughout the proposed development even though the Code does not give the Petitioner credit for the lot coverage. Mr. Loucopoulos said the Village's Engineering Division did not have enough time to review. There was additional discussion regarding the marketability of the overnight parking. Mr. Loucopoulos did not believe a potential buyer would pay more for a unit knowing there were five (5) overnight guest spaces. There was discussion regarding alternative pervious surfaces. Ms. Vincent felt better about the parking situation in the neighborhood knowing that many of the townhomes in the area only have one (1) parking spot. She discussed the limited visibility on Prospect Avenue due to the plantings that were recently placed in the median. Chairman Rogers said that median was not under their jurisdiction, but Staff would report to the proper department. Mr. Klimick stated that he was still concerned with the amount of traffic in the alley. He said he would feel better if there was another entrance for the proposed development off of either Prospect Avenue or Edward Street. Chairman Rogers closed the public portion of the case at 9:16 p.m. and brought the discussion back to the board. There was general discussion regarding the motions and conditions. Mr. Donnelly made a motion, seconded by Mr. Beattie to approve a Variation to allow a fifty -four percent (54 %) lot coverage, subject to the installation of permeable pavers as per the pavement exhibit prepared by HKM Architects + Planners, Inc, dated December 13, 2011, and the conditions of approval listed in the Staff Report for the property located at 701 E. Prospect Avenue. UPON ROLL CALL: AYES: Beattie, Donnelly, Floros, Hinaber, Youngquist, Rogers NAYS: None The motion was approved 6 -0. Mr. Donnelly made a motion, seconded by Mr. Donnelly to approve an Amendment to the Planned Unit Development being the subject of Ordinance No. 5642 to allow the construction of twenty -four (24) condominium units and a Variation to increase the density from the permitted fourteen (14) to twenty -four (24) dwelling units. UPON ROLL CALL: AYES: Beattie, Donnelly, Floros, Hinaber, Youngquist, Rogers NAYS: None The motions were approved 6 -0. The Village Board's Decision is final for this case Chairman Rogers asked if there were any citizens in the audience waiting to be heard. Hearing none, Mr. Donnelly made a motion, seconded by Ms. Hinaber to adjourn at 9:21 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 -31 -11 Planning & Zoning Commission Meeting January 26, 2012 Page 6 of 6 A Village of Mount Prospect Community Development Department CASE SUMMARY PZ -31 -11 LOCA'T'ION: 701 E. Prospect Avenue PETITIONER: 701 E. Prospect Avenue, L.L.C. - Constantine Fourlas OWNER: Same as Petitioner PARCEL #: 08 -12- 428 - 004 -0000 LOT SIZE: .92 acres (40,486 sq.ft.) ZONING: R4 Multi - Family Residence LAND USE: Vacant . REQUEST: 1) Amend the Planned Unit Development from twelve (12) townhomes to twenty four (24) condominium units 2) Variation to increase density 3) Variation to increase lot coverage LOCATION MAP Village of Mount Prospect Community Development Department MEMORANDUM TO: FROM: DATE: HEARING DATE: SUBJECT: BACKGROUND MOUNT PROSPECT PLANNING & ZONING COMMISSION RICHARD ROGERS, CHAIRPERSON CONSUELO ANDRADE, DEVELOPMENT REVIEW PLANNER JANUARY 6, 2012 JANUARY 26, 2012 rr PZ- 31- 111701 E. PROSPECT AVE /AMEND PLANNED UNIT DEVELOPMENT & VARIATIONS A public hearing has been scheduled for the January 26, 2012 Planning & Zoning Commission meeting to review the application by Constantine Fourlas (the "Petitioner "), regarding the property located at 701 E. Prospect Avenue (the "Subject Property"). The Petitioner is seeking to amend the Planned Unit Development from twelve (12) townhornes to twenty four (24) condominium units and Variations to increase density and lot coverage. The P &Z Commission hearing was properly noticed in the January 11, 2012 edition of the Journal Topics Newspaper. In addition, Staff has completed the required written notice to property owners within 250 -feet and posted Public Hearing signs on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located at the intersection of Prospect Ave. and Edward Street, and currently is vacant. The Subject Property is zoned R4 Multi- Family Residence and is bordered by the R1 Single Family District to the east, R3 Low Density Residential to the south, and R4 Multi - family to the west. The Union Pacific Northwest rail road tracks are across Prospect Avenue, north of the Subject Property. SUMMARY OF REVISED PROPOSAL The Petitioner previously received Conditional Use approval for a Planned Unit Development (PUD) consisting of a twelve (12) unit townhome development. The residential development was not constructed and the Petitioner now seeks to amend the original PUD from twelve (12) townhomes to twenty four (24) condominium units. The number of buildings, elevations, and site layout has not changed from the originally approved plan. However, an amendment to the original PUD and Variations to density and overall lot coverage are now required in order to allow the revised proposal. GENERAL ZONING COMPLIANCE PUD Proposal —As in the original PUD, the development would consist of three principal buildings: one building would front Prospect Avenue, another Edward Street, and the third building would front the existing alley. Instead of the buildings consisting of townhomes, each building would now consist of two - flats. The building fronting Prospect Avenue would include five two -flats (ten (10) dwelling units). The building fronting Edward Street would include four two -flats (eight (8) dwelling units). Finally, the building fronting the alley would PZ -31 -11 Planning & Zoning Commission Meeting January 26, 2012 Page 3 include three two -flats (six (6). dwelling units). Overall, the development would consist of twenty four (24) dwelling units. Each two -flat would have a separate entrance, two -car garage, and a two -car driveway. Densi - The R4 Multi- Family Residence District allows a maximum density of sixteen (16) dwelling units per acre for multi - family developments. Since the Subject Property measures .92 acres, a maximum of fourteen (14) dwelling units are permitted. The Petitioner's revised proposal includes a density of twenty. six (26) units per acre (24 units /0.92 acres), which exceeds the maximum density permitted within the R4 District. Therefore, the Petitioner seeks a Variation to increase the density from the permitted fourteen (14) to twenty four (24) dwelling units. Site Plan — The attached site plan matches the original PUD, with the exception of five (5) new parking spaces provided for guests. With the addition of guest parking spaces the overall lot coverage increases to fifty four percent (54 %) which requires Variation approval. ,Access to the development will be from the existing alley off of Edward Street. A twenty two (22) foot wide drive aisle would provide access to the garage and guest parking spaces. A Variation for the twenty two (22) foot wide drive aisle was approved as part of the original PUD. As shown, the driveway accessing the site will be required to provide a ten (10) foot turning radii and include curbs that allow for fire department access from all directions. In addition, the relocation of existing utility poles may be required. In order to comply with the Fire Department's requirements, the Petitioner shall ensure that a twenty (20) foot wide access road (alley) is provided. The proposed site plan indicates that the buildings would comply with the setback Variations approved as part of the original PUD. The buildings would be setback twelve (12) feet from the Prospect Avenue property line, twenty (20) feet from the Edward Street property line, fifteen (15) feet from the .west property line, and eight (8) feet from the south (alley) property line. The following table compares R4 District's bulk requirements with the proposed development. The site plan also indicates that a five (5) foot tall fence would be installed along the west lot line. The proposed five (5) foot height complies with the Village Code's maximum fence height allowed between two residential properties. Building Design — The attached building elevations match the original PUD. Each building would be constructed primarily out of brick and include a stone base and decorative trimming. As designed the end units would include a turret. The overall average height of the buildings is 36'4 ", which received zoning relief as part of the original PUD. The floor plans indicate each two -flat would consist of two garage parking spaces, storage space, and a bonus room on the ground floor. The second and third floors would consist of two- bedroom condominium units on each floor. Parking - The Village Code requires two (2) parking spaces per dwelling unit and one (1) guest parking space for every ten (10) required parking spaces. The Petitioner's proposal for twenty four (24) dwelling units would require a total of fifty three (53) parking spaces, including five (5) guest parking spaces. The site plan indicates R4 District Minimum Requirements Original PUD (Zoning Relief Granted Amendment to PUD Setbacks: Front (Edward St. ) 30' 20' No change Exterior Side Yard Pros cct Ave. 20' 12' No change Interior Side Yard Alle 10' 8' No change Rear 25' 15' No change Building Height 35' 36 No than e Lot Coverage 50% 51.6% 53.6% The site plan also indicates that a five (5) foot tall fence would be installed along the west lot line. The proposed five (5) foot height complies with the Village Code's maximum fence height allowed between two residential properties. Building Design — The attached building elevations match the original PUD. Each building would be constructed primarily out of brick and include a stone base and decorative trimming. As designed the end units would include a turret. The overall average height of the buildings is 36'4 ", which received zoning relief as part of the original PUD. The floor plans indicate each two -flat would consist of two garage parking spaces, storage space, and a bonus room on the ground floor. The second and third floors would consist of two- bedroom condominium units on each floor. Parking - The Village Code requires two (2) parking spaces per dwelling unit and one (1) guest parking space for every ten (10) required parking spaces. The Petitioner's proposal for twenty four (24) dwelling units would require a total of fifty three (53) parking spaces, including five (5) guest parking spaces. The site plan indicates PZ -31 -11 Planning & Zoning Commission Meeting January, 26, 2012 Page 4 the development would comply with the required fifty three (53) parking spaces. However, a Variation to lot coverage. is required. In addition to the proposed off-street parking spaces, there is currently on- street parking available on the north and south sides of Prospect Avenue (west of Edward Street). As shown, the guest parking spaces do not comply with the required parking lot setback. The guest parking spaces are setback approximately five to six (5 -6) feet from the west property line when the Village Code requires a minimum of ten (10) feet. If approved, the guest parking spaces will be required to be setback a minimum of ten (10) feet. Landscaping - The Petitioner's elevation and perspective drawings indicate foundation plantings would be provided. However, a landscape plan specifying the quantity and landscape materials for the overall development was not submitted. A detailed landscape plan that complies with Village Code will be required at time of building permit. Li htin - The Petitioner's site plan indicates wall mounted lights will be installed. The Petitioner did not submit fixture cut sheets or a photometric plan, which will be required at time of building permit and shall comply with Village Code lighting requirements. COMPREHENSIVE PLAN DESIGNATION AND ZONING The Village Comprehensive Plan designates the Subject Property as Multi - family Residential. The property is located along a collector street and it is adjacent to an apartment complex, townhomes, and single family residences. PLANNED UNIT DEVELOPMENT STANDARDS The Petitioner's request is considered a major change to the original PUD approval. In order for the Village to consider the Petitioner's request to amend the original PUD to allow twenty four (24) condominium units, the request is required to comply with the Village Code's PUD standards. The following list is a summary of these findings: 1. Except as modified by and approved in the final development plan, the proposed development complies with the regulations of the district or districts in which it is to be located. 2. The principal use in the proposed Planned Unit Development is consistent with the recommendations of the Comprehensive Plan of the Village for the area containing the subject site. 3. That the proposed Planned Unit Development is in the public interest and is consistent with the purposes of this zoning ordinance. 4. That the streets have been designed to avoid: a. Inconvenient or unsafe access to the planned unit development; h. Traffic congestion in the streets which adjoin the planned unit development; c. An excessive burden on public parks, recreation areas, schools, and other public facilities which serve or are proposed to serve the Planned Unit Development. Staff found that the request is consistent with the original PUD approval and the Village Comprehensive Plan. The layout, bulk, and elevations match the original approval. The proposed access point has not changed from that of the original PUD either. The Petitioner still intends to eliminate the two existing curb cuts off of Edward Street to provide one principal access drive into the development thus minimizing traffic congestion on Edward Street. The proposed land use as multi - family is a permitted use in the underlying zoning district and is consistent with the Comprehensive Plan. PZ -31 -11 Planning & Zoning Commission Meeting January 26, 2012 VARIATION STANDARDS Page 5 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 findings: • A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; • 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. The Petitioner is seeking a Variation to increase the density from the allowable fourteen (14) to twenty four (24) dwelling units. Per the Petitioner, the twenty four (24) unit multi - family development would allow the project to be underwritten under the present economic housing market conditions, which is desirous of smaller efficient' housing Iayouts. Staff is supportive of this Variation request as the proposed density would be consistent with the density found in the surrounding multi - family developments along Prospect Avenue. Staff reviewed the density of existing multi- family developments within the R4 Multi - Family Residential District Iocated to the west of the Subject Property, and found that the proposed density of twenty four (24) dwelling units would be in keeping with existing density. The development to the west (Timberiane Apartments) of the Subject Property includes a density of twenty eight (28) units per acre (72 units/2.56 acres). Moving west along Prospect Avenue, Prospect Garden Condos includes a density of thirty one (3 1) units per acre (40 units/1.30 acres). Finally, Bast Prospect Apartments includes a density of twenty nine (29) units per acre (24.81 acres). Additionally, the proposed two and one half -story buildings will blend in with the neighborhood character as the surrounding apartment buildings along Prospect Avenue are two to three stories tall. The proposed development would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. The Petitioner also seeks a Variation to allow a fifty-four percent (54 %) lot coverage. The increase to lot coverage is due to the new guest parking spaces provided, which were not part of the original PUD. The attached plans indicate pavers would be used for the twelve (12) driveway aprons and five (5) guest parking spaces. Per the Petitioner, the pavers would have a .80 runoff coefficient, which was based on the Village of Winnetka's treatment of brick pavers. The Village of Winnetka considers only eighty percent (80 %) of an area covered with brick as impermeable surface. Staff is not supportive of the Petitioner's Variation request to lot coverage as the Village of Mount Prospect considers brick pavers as impervious. The Village of Mount Prospect defines impervious surface as "a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by storm water. Such surfaces include hard pavements, such as concrete, asphalt, brick, slate, gravel and boulders; wood decks and structures." Due to the presence of available on street parking on Prospect Avenue adjacent to the development, staff would be supportive of a variation to reduce the required parking for the development from fifty -three (53) spaces to fourty -eight (48) by eliminating the proposed five (5) guest spaces in lieu of the lot coverage variation. Guests of the development would be permitted to use the on- street parking per the Village parking regulations established along this roadway. RECOMMENDATION The requests to amend the original PUD approval to allow the construction of twenty four (24) condominium units and Variations to density and lot coverage meet the standards for these requests as listed in the Zoning Code. Based on Staff's review of the lot coverage request, Staff recommends that the P &Z deny the following motion: PZ -31 -11 Planning & Zoning Commission Meeting January 26, 2012 A. A Variation to allow a fifty four percent (54 %) lot coverage. Page 6 Based on Staff's review of the Amendment to the PUD and density, Staff recommends that the P &Z• the following motions: "To approve: B. An amendment to the Planned Unit Development being the subject of Ordinance No. 5642 to allow the construction of twenty four (24) condominium units; C. A Variation to increase the density from the permitted fourteen (14) to twenty four (24) dwelling-units, subject to compliance with the following conditions: 1. Development of the site in general conformance with the site plan prepared by HKM Architects + Planners, Inc., dated December 13, 2011; 2. Development of the units in general conformance with the floor plans prepared by HKM Architects + Planners, Inc., dated December 13, 2011; 3. Development of the building elevations in general conformance with the elevations by prepared by HKM Architects + Planners, Inc., dated December 13, 2011; 4. Submittal of a landscape plan that complies with Village Code; 5. Submittal of a photometric plan that complies with Village Code; 6. Prior to obtaining the first Certificate of Occupancy, the Petitioner must submit homeowner's association documents for Staff review and approval that include text stating on- street overnight parking is prohibited; and 7. The Petitioner shall construct all units according to all Village Codes and regulations, including, but not limited to: the installation of automatic fire sprinklers, fire hydrants and roads must be located and constructed according to Development and Fire Code standards." The Village Board's decision is final for this case. I concur: William J. Co ney, AICP Director of Community D elopment HRLANTIanning &Zoning C0M W&ZgalELSraEfReponS%17,l1.1S 701 E.Prospect Ave(AW-APUP. VARs),doc �- VILLAGE OF MOUNT PROSPECT Prosp 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 _ r7 Interest in Property Owner 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 www.mountprospect.org 2 TDD 847.392.6064 LX] Emertyowner same as a licant i Name Telephone (day) L C Lot Area (Sq.Ft) Zoning District C C Corporation Telephone 40,486 R -4 PUD (evening) Use 28,464 Setbacks: Z Front p c Street Address Fax aa�a. 20'(@ Edward St.) 15' (@ Adjacent Property) 12' (@ Prospect Ave.) City State Zip Code 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 2 TDD 847.392.6064 Address(es) (Street Number, Street) . 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) 701 E. Prospect (currently vacant, data based on current PUD) See attached sheet. o� Lot Area (Sq.Ft) Zoning District Total Building Sq. Ft. Sq. Ft. Devoted to Proposed 40,486 R -4 PUD 28,464 Use 28,464 Setbacks: Z Front Rear Side Side 20'(@ Edward St.) 15' (@ Adjacent Property) 12' (@ Prospect Ave.) 8' (@ Alley) H Building Height Lot Coverage ( %) Standard Parking Spaces Accessible Parking Spaces 36'4" 51.6 53 Not applicable Adjacent Land Uses: Z North . South East West B5 R3 R1 R4 Gn Property Index Number(s): 0 8 -- 1 2 -- 4 2 8 -- 0 0 4 - 0 0 0 0 (attach additional sheets if necessary) o W Legal Description (attach additional sheets if necessary) See attached sheet. 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 Iisted in the zoning district) R -4 PUD 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) A See attached sheet. o� Z �o U Q Hours of Operation Residential use. 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 w Address(es) (Street Number, Street) 701 E. Prospect Avenue p A Lot Area (Sq.ft) 40,486 Zoning District R -4 PUD Total Building Sq. Ft. 28,464 Sq. Ft. Devoted to Proposed Use 28,464 Setbacks: z Front ~" 20' (@ Edward St.) Rear 15' (@ Adjacent Property) Side 12' (@ Prospect Ave.) Side 8'(@ Alley) 0, Building Height 36 Lot Coverage ( %) 51.5 Standard Parking Spaces 67 Accessible Parking Spaces Not Applicable Z O � Developer Name Structures Construction LLC Address 43 South Vail Avenue Arlington Heights, IL 60005 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 a 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 affn7n that all informa ' provided herein and in all materials submitted in association with this application are true and accurate to the best of my edge. fJ Applicant Date 12/15/11 Print N6me Constantine Fourlas If applicant is not property owner: I hereby designate the applicant t ct my agent for the purpose of seeking the zoning request(s) described in this application and the associated supporting mate lal. Property Owner Date 12/15/11 Print Name Constantine Fourlas 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 Zoning Request Application (attached additional sheet) — 12115111 Legal Description LOT 8 IN GLEICH'S INDUSTRIAL PARK, BEING A SUBDIVISION OF PART OF THE WEST OF THE NORTHEAST' /4 AND PART OF THE WEST %z OF THE SOUTHEAST' /4 OF SECTIONI2, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO PLAT THEREOF REGISTERED IN THE OFFICE OF THE REGISTRAR OF TITLES OF COOK COUNTY, ILLINOIS, ON AUGUST 6, 1957, AS DOCUMENT 1752354. TOTAL NET AREA: 40,486.9 SQ. FT. COMMONLY KNOWN AS: 701 PROSPECT AVENUE, MOUNT PROSPECT, ILLINOIS Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Standards for Variations and Conditional Use Approval. Each building shall be two and a half stories in height and composed of two flat condominiums that from the exterior are indistinguishable from the original approved PUD (Ordinance No. 5642 817/2007). Of the three buildings, the one along Prospect Avenue shall contain five two flats, the building along Edward Street shall contain four two flats, and the building along the alley shall contain three two flats. In total among the three buildings there will be 24 condominiums. The total square footage has remained the same, 28,464. The proposed three buildings and activities shall be residential in nature. As per the Standards for Conditional Use Approval, this application complies as follows: 1. The establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare; 2. The conditional use will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes to be permitted, and will enhance property values within the neighborhood; 3. The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district; 4. As per the submittal and original PUD, adequate public utilities, access roads, drainage and for necessary facilities will be provided; 5. The elimination of two curb cuts and addition of private road ensures that adequate measures have been taken to provide ingress and egress to minimize traffic congestion on public streets; 6. As per the Village's comprehensive plan the conditional use complies by a. Creating substantial common open space; b. Preservation of topographic and geographic features; c. New multi- family along major streets, and/or adjoining existing multi - family development; d. Includes distinctive landscaping and open space system as integral part of design; e. Medium density should be located near major activity centers as the development is within walking distance of the Village center; f. The development will reflect quality of design & construction; 4' 7. In all other respects the conditional use conforms to applicable regulations. As per the Standards for Variations, this application complies as follows: 1. The particular physical surroundings, shape, or topographical conditions of the specific property do not cause a specific hardship; 2. Due to the specific row home design, the condition upon which the application is based is unique to the property and not generally applicable to other property within the same zoning classification; 3. The purpose of the variation is not based primarily upon a desire to increase financial gain but to enable the project to be underwritten under the present economic housing market conditions, desirous of smaller more efficient housing layouts; 4. The hardship has not been created by an person presently having an interest in the property; 5. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood; 6. The granting of the variation will not alter the essential character of the neighborhood as it will remain of a high residential quality consistent with the neighborhood; 7. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets (private interior street will absorb traffic), or increase the danger of fire, or impair natural drainage or create drainage problems on adjacent properties, or endanger public safety, or diminish or impair property values within the neighborhood. oil 1 1 A ll 9 a n9 _ 90 z� y gA ° z d 4 s 40 g� o IM �z n *� 0 N 3� v : � Ill iii� • y� rF i ill 11 l SS i ANA{ � .� matt `�, q�ea �e ��ao0o0 •sit 11 l3 �� �� � R R kk RRRRkk�R iR CRR Rk RRR RRRRt+RR�d �R M A I R I F a,� s Ik' Ik STRUC ses cor4 Auc noN — M a n h a rd MOUPrr PROSPECT, ILLINOIS CONSULTING LTD . ...w TOPOGRAPHIC SURVEY w"w.a- U] N O c 0 r 6 ? W N j Z > 2 -� 0 m D �r m m c mm j M c m C �n m > m n F 0 m Z m c z 0 0 0 mm m 0 0 I Z CO 0M C O Z -0 "i m O CD C `D m � _ m E� a 00 wS3 O O m v m m C C!a 0 z 0 mu c 0 C) 0 cn m u rn 0 C m If fit l it M 0 �tj fA rr C (D co n O 3 .�r r n O C v m r�r� gg xt 3�S�C v a c I >� R � - 2 0 o Z i i G O f � I f a a a a s. I f yCD -- - -- -- C. U7 m ' a S. EDWARD S7. e 1 . 1 2 y N �i 4 1 a U �� y co O ...... . . ... % x % M N j m M `. a � �p 7 gil l ¢er I R I � � �� � �4 4 21 � 2. g 3 P FF °� N R � � °a C: 0 c� gg g a U �� y co O ...... . . ... CO O N 0 O 7 N C a O r r n o `° CD c o =r a _ _ a r r CO) m 0 0 y rr C O r r n O 0 rF Q. O r rt O a if 4 ■ A 0 0 P m � K S A m . Z G y T �m 1 N c c m m n O c 0 r r n O C � 7 p C. CD O � r � R 0 =�o z � m �oQ K g 2 1 c C !D 0 O 7 O r r c� O O w 0 O 3 N of 4 R b_ gig STS fo p Structures Construction January 11, 2012 Consuelo Andrade Development Review Planner Village of Mount Prospect 50 S. Emerson Mt. Prospect, IL 60056 Re: Paver Background Information — 701 Prospect Ave., Proposed Revisions to PUD Dear Ms. Andrade: We request you disseminate the following attached information to the Commissioner's and Trustees to consider as part of their evaluation in regard to the "Pervious Pavement Exhibit' as part of the original submission package as prepared by HKM Architects and Planners, Inc and submitted to you on December 15, 2011. 1. Letter from HKM with their rationale behind the use of a 0.80 runoff coefficient. 2. Email from Brian Norkus, Assistant Director of Community Development at Village of Winnetka, citing language from the Village of Winnetka's zoning ordinance which dictates that pavers be counted at 80% of total area in regard to lot coverage. 3. Article from Stormwater Magazine, written by Bruce Ferguson, August 31, 2009 titled "Porous Pavements Q&A ", 4 pages total, http: l/ www. stormh2o .com /SW /Articles/7630.aspx Sincerely, Timothy Loucopoulos Member — 701 E. Prospect LLC 2300 West Diversey, Chicago Illinois 60647 P (773) 598 -8698 j F (773) 598 -4780 ARCHITECTS + PLANNERS, INC. ARCHITECTURE LAND PLANNING LANDSCAPE ARCHITECTURE INFERIOR ARCHITECTURE Memorandum To: Tim Loucopoulos Structures Construction From: Mark Kurensky Date: 1 -06 -2012 Subject: Pavers The use of permeable pavers can provide many benefits to site development, including reducing stormwater runoff. A runoff coefficient (C value) is used to measure the percentage of water that runs off different surface types. There is no national standard we are aware of that qualifies a C value for permeable pavers. According to the City of Chicago* the following are typical runoff coefficients: Pavement -- asphalt 0.95 Pavement — concrete s Pavement — brick 0.85 ARCHITECTS + PLANNERS, INC. ARCHITECTURE LAND PLANNING LANDSCAPE ARCHITECTURE INFERIOR ARCHITECTURE Memorandum To: Tim Loucopoulos Structures Construction From: Mark Kurensky Date: 1 -06 -2012 Subject: Pavers The use of permeable pavers can provide many benefits to site development, including reducing stormwater runoff. A runoff coefficient (C value) is used to measure the percentage of water that runs off different surface types. There is no national standard we are aware of that qualifies a C value for permeable pavers. According to the City of Chicago* the following are typical runoff coefficients: Pavement -- asphalt 0.95 Pavement — concrete 0.95 Pavement — brick 0.85 Pavement — gravel 0.75 Pavement — porous unit pavers 0.50 Turf — average slope (1 -3 %) 0.20 Turf — hilly slope (3 -10 %) 0.25 * City of Chicago — Chicago Green Home Program According to a national paving manufacturer,(Uniiock) permeable pavers have 0.00 runoff coefficient, until the permeable base reaches saturation. At this point in the rain event, the runoff would be limited by the existing soils under the base. As such, this would be the same as lawn elsewhere on the site. We believe the 0.80 runoff coefficient proposed is a very conservative approach to defining a C value for permeable pavers. 43 SOUTH VAL AVENUE ARIJNGFGN HEIGHTS, IlLINOIS6DDD5 P 32.92DD F 947.392 52 M, Porous Pavements Q &A J Articles J Stormwater September 2009 http:// www. stormh2o .com/SW /Articles/7630.aspx ?format =2 Porous Pavements Q &A Answers from the man who wrote the book on the subject Monday, August $1, 2009 By Bruce Ferguson Comments As the use of porous pavements grows, designers and agencies all over North America are teaming for the first time this new approach to stormwater management. People like me have been asked to speak to them hundreds of times in the last five years, in workshops, webinars, consulting sessions, and agency testimonies and reviews. The questions that are raised from all the diverse groups have a lot in common. Since 2005, 1 have saved 230 files of porous pavement questions conveyed in e- mails, telephone calls, and conference question -and- answer sessions. This article summarizes the questions that I have received most commonly over the years. My answers to them are based on 12 years of research and experience in the field, including surveying research reports, interviews with national experts, and firsthand observations in the field. There is a huge amount of knowledge about porous pavements now, and it is continuing to grow rapidly. The questions reported here are what people most frequently say they need to know. R$S Share Save Print Email Create a Link to this Article You may also be interested in... • Does Your Vegetation Establishment Practice Pollute Surface Waters with Nutrients? • CH2M Hilll Wins Project of Year Award • Staten Island Bluebelt Program: A Natural Solution to Environmental Problems • Private Facility Inspection and Maintenance: "Deluxe with Bacon" or "Maintenance Lite "? • Use of Innovative Tools to Increase Nitrogen -Use Efficiency and Protect Environmental Quality for Temperate and Tropical Regions • Pollutant Loading Analysis, for Stormwater Retrofitting in Melbourne Beach, Florida Q: Is there a recognized measure, or index, of permeability for paving materials? A: Pervious concrete and permeable pavers that are properly designed, installed, and maintained have surface infiltration rates of 140+ in /hr. An example of research suggesting this is "Study on the Surface Infiltration Rate of Permeable Pavements," accessible through the North Carolina State University Web site listed at the end of this article. Q: What is the runoff coefficient? A: Almost the only runoff coefficient that has ever been measured on properly built porous pavements is zero: There is no runoff, because the surface permeability is so high. But surface runoff coefficient does not take into account the limited capacity of the pavement's base reservoir: In a long, intense storm, the base could become saturated and overflow, either across the surface or through a perforated drainage pipe if one is provided. At that point, the pavement would in effect be generating runoff. So it would be prudent to use some positive number —not zero for the runoff coefficient. An example would be to set the runoff coefficient equal to that of the local jurisdiction's " predevelopment" condition, which might be forest, meadow, or grass. To assign a coefficient larger than predevelopment would be arbitrary. A predevelopment grass surface generates some runoff during large storms, so it provides a valid analogy for porous pavement hydrology. Q: How much credit should be given for the pavement as a "pervious" surface? A: Correctly designed, installed, and maintained pervious pavements have surface infiltration rates higher than that of almost any natural soil, and several times greater than the maximum possible rainfall intensity anywhere in the country —in other words, greater than anything that is already called "pervious." So a surface of this type must be f 1 of 6 1/4/2012 2:59 PM Porous Pavements Q &A I Articles I Stormwater http://www.stormh given complete credit for "100% perviousness," as would a meadow or forest. Giving it any credit less than 10Q% pervious would fly in the face of scientific evidence. Q: What is involved in maintaining the pavement: "right"? A: if you are in a municipality where sand or cinders are spread on the roads for winter traction, then vacuuming will be necessary at least once per year: in the spring, following snowmeit. The key word is vacuuming, with or without simultaneous washing, to lift material out and restore the open, permeable pores. Any washing or sweeping without simultaneous vacuuming would just drive sediment farther down into the pores. In areas where there is no.sanding or other routine source of sediment, no special maintenance is needed except when something happens such as construction vehicles tracking sediment onto the surface; then the sediment can be removed by vacuuming Q: Flow long will the system last before it becomes a "non- permeable" surface? A: Just make sure that your pavement is selected, designed, installed, and maintained correctly. If you are duly careful with all these steps, then the installation should be permeable indefinitely. Q. Pretreatment using a filter strip or vegetated Swale is required, right? A: Absolutely not: Don't do that! Any upstream soil, even soil that is grassed or mulched, can erode and generate pavement - clogging sediment sometime. Adding a grass strip or forebay would just add more erodible upstream soil. Wherever earth drains down toward a pavement edge, a swale should be added to divert runoff and sediment away from the pavement. It is okay to drain impervious roofs or pavements directly onto a porous pavement, because those surfaces don't produce sediment the way soil does. Q: Should porous pavement be avoided where trees are present? Should overhanging trees be removed? A: The only thing overhanging trees do to porous pavements is deposit their annual drop of organic debris. The debris decomposes to a minute fraction of the volume it started with. Vacuuming might be called for after a number of years, to reopen the pavement's pores. Trees are immensely helpful for water resource management, counteracting the urban heat island, shading urban open spaces, and absorbing carbon, and they should not be discouraged. Q: What is recommended when you have a large chemical spill or hazardous material spill? A: The same as if a spill occurred anywhere else in your city: Immediate and complete cleanup is the legal responsibility of the industry that spilled it, at their expense. No pavement or drainage anywhere is designed for this contingency, outside of the grounds of the industry that produces the chemicals. Q: What are the risks associated with hydrocarbon (oil) contamination? A: Letting oil into a porous pavement's voids is the whole idea in water - quality improvement. In the pavement, naturally occurring microorganisms 2 of 6 1/4/2012 2:54 PM Photo: Bruce K. Ferguson Permeable pavers in Minnesota correctly installed with highly permeable single -sized aggregate in the joints Porous Pavements Q &A I Articles I Stormwater http://www.stormh2o.conVSWIArticies/7630.aspx'?format- biodegrade hydrocarbons before they migrate to the bottom of the pavement. The constituents go off as carbon dioxide and water vapor, and very little else; the hydrocarbons cease to exist as water - quality pollutants. An example of the research suggesting this, accessible on several Web archives, is C. Pratt's 1999 paper, "Mineral Oil Bio- Degradation Within a Permeable Pavement: tong Term Observations." Q: What's the use of porous pavement on a clay soil, or where there is a shallow water table, and water cannot be absorbed into or treated in thesoil? Is a subdrain necessary to ensure good performance? Can a porous pavement work here? A: On clay soils, permeable pavements do not make the 100 -year stone disappear; a perforated drainage pipe is ordinarily required to discharge excess water. But most of the water - quality benefit of any permeable pavement occurs within the pavement structure, without regard to the underlying soil; the soil is only a redundant "backup" system. Porous pavements on clay soils do: • Reduce runoff coefficient and impervious cover • Detain peak flows • Treat water quality • Recharge aquifers by gradual infiltration of rainwater from small, frequent, year -round storms Q: What is the cost difference between standard and porous pavements in the same situation? A: Pervious concrete costs approximately 20% more than conventional impervious concrete, because of its high cement content and specialized quality control. Permeable pavers cost about the same as pervious concrete. When you use these materials intelligently in a site plan to absorb and treat stormwater, and the municipality gives you credit for their stormwater functions, then the use of porous paving ordinarily reduces total development cost by reducing or eliminating the need for additional stormwater facilities. Q: How does the use of pervious concrete affect the pavement life in cold climates? A: Properly installed pervious concrete is free from freeze -thaw issues as long as the surface concrete layer drains freely down into an open - graded aggregate base, thence rapidly into the soil or a perforated drainage pipe. The material's durability is ensured by adequate strength, which comes from proper installation; further help comes from air entrainment and reinforcement with polymer fibers. Q: Salt used for deicing... does it clog the paving? A: Deicing salt does not clog porous pavements. The whole idea of deicing agents is that they dissolve readily in snow and water, lowering the water's thawing temperature. The dissolved salt flushes through with meltwater and does not accumulate. Ongoing research at the University of New Hampshire suggests that many porous pavements require less salting than impervious pavements, because the thawed meltwater drains so readily away through the pores. Q: Do you use traditional trench backfill material under porous pavement, or do you use open - graded material instead? A: The base material must be open -graded (single- sized) aggregate such as ASTIVI No. 57, so it can store and convey water. Q: Are there standard specs (DOT type) for pervious concrete? A: The American Concrete Institute has adopted Specification 522.1, Pervious Concrete. In addition, the National Ready Mixed Concrete Association has a specialty certification program to help identify qualified pervious concrete installers. it is vital that industry standards such as these be followed— failures have occurred where established standards have been ignored. Q: we need options for cost, appearance, etc. 3 of 6 1/4/2012 2:59 PM Porous Pavements Q &A I Articles J stormwater http: / /www.stormh2o.com/SW /Articles /7630.aspx ?format A: A material that deserves to be used more is permeable pavers, also known as open jointed block or.PICP (permeable interlocking concrete pavement). These are manufactured units with openings in the joints where single -sized aggregate gives the pavement its permeability. Pavers manufactured to ASTM standards (as almost all of them are) are extremely strong and durable units. It is rather easy to install them correctly --just stick to the long - established guidelines of the Interlocking Concrete Pavement Institute. This is not the same construction as bricks on sand! Firmly specify that only single -sized aggregate must be used for the base, setting bed, and joint fill. Q: For what parts of the country are porous pavement available, in terms of freeze-thaw, etc.? What site conditions, such as soil type, limit its use? A: Properly selected, designed, constructed, and maintained porous pavements work wherever they are located. Improperly selected, designed, constructed, and maintained ones do not. Q: How widespread is this usage? How much (and how rapidly) is it changing? What is the future for widespread adoption? A: Porous pavements are still a small proportion of all the paving being done in the world, but they are growing at an exponential rate. Developers and suppliers are ready to install these new materials; their motivation is to meet today's environmental requirements in economical ways. The potential future application of porous paving is vast. Q: What can my municipality do to encourage the use of porous pavements? A: Make sure your municipality is not an unnecessary impediment. When a developer proposes porous paving, give it credit for what it can do to satisfy your stormwater requirements: It reduces impervious cover; lowers the runoff coefficient; and absorbs, detains, and treats stormwater. Q: Where might I find research reports? I need data. A: Watch Web sites such as the following for broad new information, links to detailed sources, and continuing updates: • Concrete Pavement Technology Center: www.cptechcenter.org (search for "pervious') • Interlocking Concrete Pavement Institute: www.icpi.orq • PCA Southeast: www_secement.org /pervious concrete.htm • Pervious Concrete: www.perviouspavement.org • North Carolina State University: www.bae.ncsu.edu£nfo /permeable - pavement • University of New Hampshire: www.unh.edu /erg /cstev • Many additional Web sites run by proprietary suppliers Author's BiorBruce Ferguson is the Franklin Professor of Landscape Architecture at the University of Georgia and a member of Stormwater's editorial board. He is the author of the 2005 book Porous Pavements. 4 of 6 1/4/2012 2:59 PM Photo: Bruce K. Ferguson Avital step In correctly installing pervious concrete Is covering It quicklywith plastic sheets and keeping it covered for seven days. m Lin 'N' M) U) rn n Y es sg CD C d O C n Z r T C/) N C a G� V J ' Q / n �/ v ~ I J f n c� I '! NIP gap Q CL 0 ro Q LO rrb 0 a rb Q 4 C C r r �1 n n / 0 r Vl ~ m C/ ) CD =) rn o r in o V q T D i1 Z p M v p tJ7 C13 G') 9 m m �a - Na S V) � m 6 r rn m a Z G? Ln a Q 3 � n ~ o G1 rn � C Z CM n L/3 Andrade, Consuelo From: Janet Cook Sent: Thursday, January 26, 2012 2:12 PM To: Andrade, Consuelo Subject: Case PZ- 31 -11, aka 701 East Prospect Avenue LLC Planning and Zoning Commission 50 S Emerson Street Mount Prospect IL 60056 RE: Case # PZ -31 -11 Dear Members of the Planning and Zoning Commission: Regarding your recent Notice of Hearing for the above -named case, I recommend denial of the Petitioner's request to a their planned unit development from 12 townhomes to 24 condominium units. Zoning Ordinances are designed to protect the community and should not be lightly set aside for the developer's benefit, allowing the developer to increase its profit margins by overbuilding the site. It would not be in the best interest of the community to allow the developer to overbuild the subject site, as the area immediately surrounding the subject site is already very densely populated. The subject site is located within the "block" bounded by Prospect Avenue, William Street, Sha -bonee Trail, and Edward Street, which currently houses a very large apartment complex, seven 4 -unit townhome buildings, and two smaller apartment buildings. The "alley" that opens /terminates between William and Edward streets already handles heavy traffic from the existing apartment buildings and townhomes. Allowing the Petitioner relief from the Zoning Ordinances for its proposed project would ultimately result in increased noise and congestion for the neighbors. Thank you, Janet Cook 500 S Louis, Mt Prospect IL 60056 This email has been scanned by the Symantec Email Sccurity.cloud service. For more information please visit http: / /www.symanteccloud.com ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 5642 RELATIVE TO A CONDITIONAL USE PERMIT (PLANNED UNIT DEVELOPMENT) AND GRANTING VARIATIONS FOR PROPERTY LOCATED AT 701 EAST PROSPECT AVENUE WHEREAS, Constantine Fourlas ( "Petitioner'), has filed a petition to amend the Planned Unit Development being the subject of Ordinance 5642, approved August 7, 2007 for a Conditional Use permit in the nature of a Planned Unit Development and Variations with respect to property located at 701 East Prospect Avenue ( "Subject Property ") and legally described as follows: Lot 8 in Gleich's Industrial Park, being a subdivision of part of the West 1 /2 of the Northeast' /4 and part of the West ' /z of the South East % of Section 12, Township 41 North, Range 11 East of the Third Principal Meridian, according to Plat thereof registered in the office of the Registrar of Titles of Cook County, Illinois on August 6, 1957 as Document T1752354. Property Index Number: 08 -12- 428 - 004 -0000; and WHEREAS, the Petitioner seeks an amendment to the Planned Unit Development being the subject of Ordinance 5642 to allow the construction of twenty -four (24) condominium units and Variations to: (1) increase the density from the permitted fourteen (14) to twenty -four dwelling units and (2) allow a fifty -four per cent (54 %) lot coverage; and WHEREAS, a Public Hearing was held on the request to amend the Conditional Use permit and to grant Variations being the subject of PZ -31 -11 before the Planning and Zoning Commission of the Village of Mount Prospect on the 26 day of January, 2012, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 11 day of January, 2012; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the President and Board of Trustees of the Village of Mount Prospect in support of the request being the subject of PZ- 31 -11; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the requests herein and have determined that the same meets standards of the Village and that the granting of the proposed amendment to the 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 The recitals set forth hereinabove are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO The President and Board of Trustees of the Village of Mount Prospect do hereby grant an amendment to the Planned Unit Development being the subject of Ordinance 5642 to allow the construction of twenty -four (24) condominium units and Variations: (1) to increase the density from the permitted fourteen (14) to twenty -four (24) dwelling units and (2) to allow a fifty -four percent (54 %) lot coverage, as shown in the petitioner's site plan prepared by HKM Architects and Planners, Inc., dated December 13, 2011 and made a part of this Ordinance as Exhibit "A ". SECTION THREE: Approval of the Conditional Use in the nature of the amended Planned Unit Development and Variations are subject to compliance with the following conditions: Page 2/2 PZ -31 -11 1. Development of the site in general conformance with the site plan prepared by HKM Architects + Planners, Inc., dated December 13, 2011; and 2. Development of the units in general conformance with the floor plans prepared by HKM Architects + Planners, Inc. dated December 13, 2011; and 3. Development of the building elevations in general conformance with the elevations prepared by HKM Architects + Planners, Inc., dated June 25, 2007; and 4. Submittal of a landscape plan that complies with Village Code; and 5. Submittal of a photometric plan that complies with Village Code; and 6. Prior to obtaining the first Certificate of Occupancy, the Petitioner must submit homeowner's association documents for Staff review and approval that include text stating on- street overnight parking is prohibited; and 7. The Petitioner shall construct all units according to all Village Codes and regulations, including, but not limited to: the installation of automatic fire sprinklers, fire hydrants and roads must be located and constructed according to Development and Fire Code standards; and 8. Installation of permeable pavers as per the pavement exhibit prepared by HKM Architects + Planners, Inc., dated December 13, 2011. SECTION THREE The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FOUR This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of February, 2012. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H: \CLKO \files \WIN \ORDINANC\amendPUDC USE, VAR- 701eastprospectaveuejfeb2012 .doc R fi o 1S akivma3 'S d N' CO) cr �I I E ll, F 1 A /f a 7 � - o N W F 2 N S J J ' y C V L N C O U w a� L L v/ I co � I I I s 1.0 $It A RIn it N « II a x x x Q Nrr �O f N 7 7 o 1S akivma3 'S d N' CO) cr �I I E ll, F 1 A /f a 7 � - o N W F 2 N S J J ' y C V L N C O U w a� L L v/ MAYOR 1A outit PrAoNspect VILLAGE MANAGER lrvana K. Wilks Michael E. Janonis TRUSTEES VILLAGE CLERK Paul Wm. I loefert M. Lisa Angell Arlene A. Juracek A. John Korn Phone: 847/392 -6000 John J. MaWszak Fax: 847 /392 -6022 Steven S. Polit TDD: 847 /392 -6064 Michael A. Ladel www. noun fl) roSneck.ore Village of Mount Prospect 50 South Emerson Street, Mount Prospect, Illinois 60056 TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: VILLAGE CLERK'S OFFICE DATE: FEBRUARY 17, 2012 SUBJECT: DESIGNATION OF PERMITTED INTERSECTIONS FOR CHARITABLE SOLICITATIONS AND OTHER RELATED CODE MODIFICATIONS BACKGROUND At the February 7, 2012 Village Board meeting staff presented recommendations to amend Chapters 18 and 23 and Appendix A of the Village Code regarding Street Solicitation on Streets and Highways. As part of the discussion several members from local charitable organizations commented on the proposed revisions. While there appeared to be general support for the revisions intended to enhance participant safety, the representatives indicated the elimination of the high volume traffic intersections would significantly impact their fundraising efforts. In consideration of the charitable organization's request to maintain their highest revenue generating intersections the Village Board directed staff to re- evaluate those intersections as permitted solicitation intersections. DISCUSSION At the request of the Village Board staff re- evaluated the list of intersections removed from the list of permitted intersections. While the high traffic volume and complexity of these locations are still considered high risk public safety intersections, staff reinserted the following locations to the permitted intersection list. However, as these intersections are considered "cautionary" solicitation locations, staff recommends appropriate re- assessment of these or any other permitted solicitation intersection presenting safety concerns as warranted. Elmhurst Road (Rte 83) & Rand Road Main Street (Rte 83) & Kensington Road Rand Road & Kensington Road Central Road & Northwest Highway Rand Road & Mount Prospect Road Central Road & Mount Prospect Road Rand Road & Central Road Mount Prospect Road & Northwest Highway Appropriate staff will be available to answer questions and facilitate discussion. Alexander Bertolucci Administrative Intern H: \CLKO \WIN \Alex Projects \Memos \Tag Days \amendchapter23solicit02162012 (2).doc ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 18 AND 23, AND APPENDIX A OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS, REGARDING SOLICITATION ON STREETS AND HIGHWAYS WHEREAS, Section 11 -1006 of the Illinois Vehicle Code (the "Code "), 625 ILCS 5/11 -1006, prohibits a person from standing on a highway for the purpose of soliciting rides, employment or business from the occupant of any vehicle, and from soliciting contributions from the occupant of any vehicle, except within a municipality which expressly permits the soliciting of contributions by municipal ordinance; and WHEREAS, pursuant to the Code and its home rile powers, the Village of Mount Prospect adopted Section 18.1006, "Pedestrians Soliciting Rides or Business ", of Article 10, Pedestrian's Rights and Duties, of Chapter 18, Traffic, of the Mount Prospect Village Code (the "Village Code "), to prohibit such solicitation of rides, employment or business, and Article XV, Solicitation on Streets and Highways, of Chapter 23, Offenses and Miscellaneous Regulations, to permit certain solicitation of contributions; and WHEREAS, the President and Members of the Village Board have considered the safety of the solicitors and motorists, the orderly flow of traffic, and interference with the operation of official traffic control devices, and determined that Article XV of the Village Code shall be amended to, among other things, permit such activity only at certain intersections within the Village, and Section 18.1006 of the Village Code should be amended to clarify the prohibition of soliciting for employment, business or contributions. NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS: SECTION 1: Subsection B of Section 18.1006, "Pedestrians Soliciting Rides Or Business ", of Article X, Pedestrian Rights and Duties, of Chapter 18, Traffic, of the Village Code shall be amended by deleting the phrase "outside a business or residence district ", to be and read as follows: B. Except as may be provided otherwise in the Municipal Code of the Village of Mount Prospect, eti s id e „ b ess r-e dis +r +, no person shall stand on or in the proximity of a roadway for the purpose of soliciting employment, business or contributions from the occupant of any vehicle. SECTION 2: Section 23.1501, "Street Intersections Where Solicitation Permitted ", of Article XV, Solicitation on Streets and Highways, of Chapter 23, Offenses and Miscellaneous Regulations, of the Village Code shall be amended by deleting the text in its entirety and replacing it with the following: 23.1501: STREET INTERSECTIONS WHERE SOLICITATION PERMITTED: Solicitation of contributions by €ef charitable organizations, as hereinafter defined, shall be allowed upon the streets and highways within this village only at the following sweet intersections � a ftill Snap 280354_1 1 Euclid Avenue and Wolf Road yLfl�a S6rG°o Whl 8 ") T�oa d TU�'0 T�oa d rt Kensington Road & Wolf Road Central Road & Prospect Avenue Toad & Norflm(G° q qu mal Main Street (Rte 83) & Central Road TU�'0 Toad & Nloll ab pro <q)ccr Toad Toad & Nlolua pro q)s °rA I�oad S. Main Street (Rte 83) and Northwest Highway S. Main Street (Rte 83) and Prospect Avenue Emerson Street and Northwest Highway NlollW tiro q)ccr T�oadrte:NouVgm al Golf Road and Busse Road Dempster Street and Busse Road Algonquin Road and Busse Road SECTION 3: Section 23. 1502, "Organizations Qualifying for Street Solicitation ", of Article XV, Solicitation on Streets and Highways, of Chapter 23, Offenses and Miscellaneous Regulations, of the Village Code shall be amended as follows: A. Delete the introductory paragraph and replace it with the following: No organization eha-: able a* gar pr-a& aFgatqiz4iatq or- a *her- „ shall conduct solicitation activities on or within any of the above designated meet intersections within the Village, unless such organization is: B. Insert the phrase "and in an amount not less than that set forth in Appendix A, Division I of this Code" in Subsection F, to be and read as follows: F. Able to furnish a valid certificate of liability insurance with an insurer approved by the Village and in an amount not less than that set forth in Appendix A, Division I of this Code naming the Village as an additional insured with respect to such solicitation activities; SECTION 3: Section 23. 1503, "Permit Required ", of Article XV, Solicitation on Streets and Highways, of Chapter 23, Offenses and Miscellaneous Regulations, of the Village Code shall be deleted in its entirety and replaced with the following: A. An organization eligible to conduct solicitation activities shall apply for a street intersection permit for such solicitation from the village cleric. The village cleric shall review the application for compliance with the eligibility requirements set forth in section 23.1502 of this article. B. No permit shall be issued unless all requirements are met. C. Not more than one permit shall be issued to any organization within any calendar year D. No permit may be issued for more than three (3) consecutive calendar days. E. Permits shall only be issued for solicitation activities to be conducted during Daylight Savings. SECTION 4: Section 23.1504, "Application ", of Article XV, Solicitation on Streets and Highways, of Chapter 23, Offenses and Miscellaneous Regulations, of the Village Code shall be amended as follows: 280354_1 2 A. Delete the phrase "ten (10)" in the introductory paragraph and replace it with the phrase "thirty (30) ", to be and read as follows: A written application, verified under oath, for a permit to conduct solicitation activities in any of the streets designated in this article shall be filed with the village clerk at least thirt y (30 days prior to the date such activities are to commence. Such application shall contain the following information: B. Delete the word "organization" in Subsection C, to be and read as follows: C. A statement of the statewide fundraising activity of which the local a solicitation effort is a part. SECTION 5: Appendix A, Division 1, "Bonds, Salaries, Insurance and Miscellaneous ", of the Village Code, shall be amended by inserting the following, numerically, under Chapter 23, Offenses and Miscellaneous Regulations: Section 23. 1502, Organizations Qualifying for Street Solicitation C. Insurance —not less than one million dollars ( "$1,000,000) per loss SECTION 6: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: _ NAYS: _ ABSENT: PASSED and APPROVED this day of , 2012. Irvana K. Wilks, Village President ATTEST: Lisa Angell, Village Clerk 280354_1 3