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HomeMy WebLinkAbout5. New Business 09/04/2012Village of Mount Prospect Community Development Department MEMORANDUM 1 ?A TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: AUGUST 29, 2012 SUBJECT: PZ -19 -12 1 1921 -3125 S. BUSSE ROAD I ARC DISPOSAL COMPANY, INC. I ZONING TEXT AND MAP AMENDMENTS The Petitioner and the Village recently entered into an Annexation Agreement regarding the subject property on June 19, 2012. Per the agreement, a new 1-3 Solid Waste Hauling District within the Mount Prospect Zoning Code would be created which would allow as a permitted use the Petitioner's current use of the subject property. The proposed text and map amendments are intended to create the 1 -3 District and apply the new regulations to the subject property upon its annexation into the Village. No improvements are proposed to the subject property at this time. The Planning & Zoning Commission conducted a public hearing to review the requests on Thursday, July 26, 2012, and by a vote of 5 -0, recommended approval of the following motions: 1) A Text Amendment to create the 1 -3 Waste Handling District and related regulations as outlined in the Staff Report for case PZ- 19 -12; and 2) A Map Amendment to rezone the Subject Property from R -X Single Family to 1 -3 Waste Handling. ". Details of the proceedings and items discussed during the Planning and Zoning Commission hearing are included in the attached minutes. In addition to the text and map amendments referenced above, the Petitioner is requesting approval of their petition to annex into the Village, a Plat of Annexation and Plat of Vacation. The Plat of Vacation would vacate Kenneth Drive and refer 100% of the vacated land to the Petitioner. Please forward this memorandum and - attachments to the Village Board for their review and consideration at their September 4, 2012 meeting. Staff will be present to answer any questions related to this matter. William I Cooney, AICP }}V175vhlhodSlPLAti4Plalming& Zoning C0MW &Z2012V"-JMemoslPZ- 19- 121921- 3[25&Buse Rd_AAC(ZOning Text &Map Ammdm )082912.da MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION VILLAGE OF MT. PROSPECT CASE NO. PZ -19 -12 Hearing Date: July 26, 2012 PROPERTY ADDRESSES: 1921, 2069, 2101, 2105 and 3125 S. Busse Road PETITIONER: ARC Disposal Company, Inc. and E &P Investment Corporation PUBLICATION DATE: July 11, 2012 PIN NUMBERS: 08 -23- 101 -055 -0000, 08 -23-101- 020 -0000, 08 -23- 1.00 - 006 -0000, 08 -23- 300- 007 -0000, and 08 -23- 101 -062 -0000 REQUEST: 1) Text Amendment — Create an I -3 Solid Waste Handling District 2) Map Amendment — Rezone from RX Single Family to I -3 Solid Waste Handling MEMBERS PRESENT: Richard Rogers, Chair William Beattie Tom Fitzgerald Leo Floros Jacqueline Hinaber MEMBERS ABSENT: Joseph Donnelly Keith Youngquist STAFF MEMBERS PRESENT: Consuelo Andrade, Senior Planner Brian Simmons, Deputy Director of Community Development INTERESTED PARTIES: Nancy Comida, Phyllis Rose Chairman Rogers called the meeting to order at 7:31 p.m. Mr. Floros made a motion, seconded by Ms. Hinaber to approve the minutes of the June 28, 2012 Planning & Zoning Commission meeting; the minutes were approved 5- 0. After hearing one (1) previous case, Chairman Rogers introduced Case PZ- 19 -12, 1921 -3125 S. Busse Road at 7:43 p.m. The Subject Case is Village Board Final. Ms. Andrade said the Petitioner for PZ -19 -12 was seeking zoning text and map amendments for the property located at 1921 -3125 S. Busse Road. Ms. Andrade stated the Subject Property is made up of five (5) parcels located on the east side of Busse Road in unincorporated Cook County and currently consists of a waste hauling transfer facility with related improvements. Ms. Andrade said the Petitioner and the Village recently entered into an Annexation Agreement regarding the Subject Property on June 19, 2012. Per the agreement, the parties agreed to hold the necessary public hearings in order to create a new I -3 Solid Waste Hauling District within the Mount Prospect Zoning Code which would allow as a permitted use the .Petitioner's current use of the Subject Property. The proposed text and map amendments are intended to create the I -3 District and apply the new regulations to the Subject Property upon its annexation into the Village. No improvements are proposed to the Subject Property at this time. Ms. Andrade stated the Petitioner proposed to create a new zoning district with provisions for waste handling uses under Section 14.21A of the Zoning Ordinance. The new section would include bulk regulations such as a Richard Rogers, Chaim PZ -19 -12 Planning & Zoning Commission. Meeting July 26, 2012 Page 1 of 6 i minimum parcel size of twelve (12) contiguous acres; a maximum building height of fifty (50) feet, a maximum lot coverage of 100 percent, and zero (0) building setbacks. In addition to the proposed bulk regulations, the new district would include provisions similar to those found in the I -1 Limited Industrial Zoning District, such as performance standards. Ms. Andrade said in addition to the new zoning district, Section 14.313E of the Village Zoning Code would be amended to include the proposed 1 -3 District in the wireless service facilities table. Section 14.601B would be amended to include the "1-3 Waste Handling" to the list of zoning districts. Section 14.604 would be amended by adding the words "and I - -3 " before "zoning districts" at the end of the paragraph. Ms. Andrade stated the Land Use Table # 2 in Section 14.604 would also be amended to include the new zoning district and list waste handling and recycling centers as a permitted use in the new zoning district. Section 14.2224, which are the Off Street Parking Requirements would be amended to include Waste Handling and Recycling land use under the industrial use category and a parking requirement of one (1) space per 1,500 square feet of gross floor area. Ms. Andrade said the Map Amendment would be to rezone the five (5) parcels to the new I -3 Zoning district upon annexation. Ms. Andrade stated the standards for Map Amendments are listed in Section 14.203.D.8.B of the Village Zoning Ordinance. The standards include: • The general applicability of the amendment to the community, rather than an individual parcel; • Consistency of the amendment with objectives of the Zoning Code and Comprehensive Plan; • Consistency of the amendment with Village policy as established by previous rulings Ms. Andrade said as proposed, the Text Amendments would create a new zoning district intended to regulate waste handling and recycling land uses. Currently, the I -1 Industrial District allows recycling collection centers as Conditional Uses, but otherwise the code is silent towards these land use types. Creating the 1 -3 district would provide regulations where the proposed uses would be permissible. The proposed amendment would only be applicable to the Subject Property and not towards the rest of the Village at large. Ms. Andrade stated the amendments would not create nonconformities on the property as the existing site conditions would adhere to the proposed regulations. Additionally, the proposed Text Amendments are consistent with the objectives of the Zoning Code and Comprehensive Plan. The Subject Property is surrounded by other industrial type land uses making it a compatible land use under the proposed zoning district. Therefore, the proposed amendment met the Zoning Code Standards for Text Amendments. Ms. Andrade said the Village Comprehensive Plan designates the property as general industrial. This land use designation is appropriate for uses with a strong dependence on transportation facilities and may include uses such as heavy manufacturing, truck terminals, construction equipment and material storage. The proposed waste handling facility would be consistent with the Comprehensive Plan's designation and the proposed I -3 zoning designation. Ms. Andrade stated the standards for Map Amendments are listed in Section 14.203.D.8.A of the Village Zoning Ordinance. The Planning and Zoning Commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following matters: • The compatibility with existing uses and zoning classifications of property within the general area of the property in question; The compatibility of the surrounding property with the permitted uses listed in the proposed zoning classification; Richard Rogers, Chair PZ -19 -12 Planning & Zoning Commission Meeting July 26, 2012 Page 2 of 6 i • The suitability of the property in question to the uses permitted under the existing and. proposed zoning classifications; and Ms. Andrade said the Subject Property is adjacent to existing industrial land uses on its north, east and south and multi - family residential uses across Busse Road to the west. The existing waste handling facility would be in keeping with the existing industrial land uses and the Village's Comprehensive Plan. The proposal met the standards for a Map Amendment because it is compatible with existing properties within the general area of the Subject Property. Ms. Andrade stated the proposed Text and Map amendments met the appropriate standards as contained in Section 14.203.D.8 of the Zoning Ordinance. Based on these findings, Staff recommended that the Planning and Zoning Commission approve the motion listed in the Staff Report. Mr. Beattie asked if the regulations for the new district were created to suit the existing operation. Ms. Andrade stated the provisions are part of the annexation agreement as approved by the Village Board. The provisions are based on the existing uses of the property as is. The new zoning designation would allow the continuation of the existing uses. Chairman Rogers asked if the regulations for the new I -3 District are the same or different than the regulations for the county. Ms. Andrade stated that she was not familiar with the county's regulations for the Subject Property. The Village compared the I -3 Zoning District to the Village's 1 -1 Zoning District. Mr. Simmons said compared to the I -1 District, the 1 -3 District lot coverage would be higher than what the Code currently permits. The maximum lot coverage for the I -1 District is seventy -five (75) percent and the proposed I -3 District would be 100 percent. In regards to the set - backs, the regulations for the I -1 District is thirty (30) feet for the front yard and zero (0) feet for the proposed 1 -3 District. Ms. Hinaber asked if the proposal would have any negative impacts to the residential area to the West. Mr. Simmons stated based on the proposal, the request was to create a new zoning district that would govern the existing conditions of the Subject Property. He said the business has been in operation on the Subject Property for over twenty -five (25) years and has not proposed any modifications to the site. Any additional properties that would want to have the new zoning designation would have to go through the zoning process which would include a public hearing. Any building modifications would have to adhere to the zoning district's regulations. Chairman Rogers confirmed with Staff that there was no change in the proposed operation of the Petitioner. There was discussion on how much of the area land was still unincorporated. Mr. Simmons said there was still approximately forty (40) acres of land in the immediate area of the Subject Property on Busse Road that was still unincorporated. Mr. Beattie confirmed with Staff that the regulations were drafted to meet the existing conditions of the Subject Property. If the Subject Property was not annexed into the Village, the Petitioner would continue to operate the business as normal. ARC would not be changing their operations based on the annexation process. Chairman Rogers swore in Kenneth Kubiesa, 340 Butterfield Road, Elmhurst, Illinois. Mr. Kubiesa stated that he is an Attorney representing the Petitioners: ARC Disposal, E &P Investment, and their parent company Republic Services. Mr. Kubiesa stated that the Village approached ARC regarding annexation. He said nothing would change from its current day -to -day operation, it will remain the same. The only thing that will change is that some of the. right -of ways would be vacated per the annexation agreement and become private roads maintained by ARC. Chairman Rogers swore in Nancy Comida, 8012 W. Churchill Avenue, Niles, Illinois. Ms. Comida stated that she owns a six (6) flat building, 1852 Anna Marie Dr which is located across the street from the Subject Property. Richard Rogers, Chair PZ -19 -12 Planning & Zoning Commission Meeting July 26, 2012 Page 3 of 6 She requested that the Planning & Zoning Commission postpone the Subject Case so she could notify all owners that would be affected by the proposal. She stated that there are hundreds of families that live- across Busse Road that would be affected by the Subject Case. Ms. Comida stated that traffic has increased with trucks in and out of the Subject Property frequently. She believed the annexation would allow the Petitioner to increase its present operation and create health hazards for the residents to the west. Chairman Rogers asked how long Ms. Comida has owned her building. She stated for over.: thirty-two (32) years and there were other owners in attendance who have owned their buildings since they were built in 1977. Chairman Rogers said that the residences have been across the street from the same garbage handling facility for twenty -five (25) years. Ms. Comida stated that additional traffic and noise has been an ongoing problem lately. There was discussion regarding the legal notification process of property owners near the Subject Property. Chairman Rogers confirmed with Staff that everyone within the proper radius was notified. There was additional discussion regarding the annexation and the apartments along Busse Road. Mr. Beattie stated the complaints regarding traffic and noise would not change if the Subject Property was not annexed into the Village. He asked Ms. Comida what benefit it would be to postpone the public hearing or vote against it because ARC would continue its current operations whether or not it is a part of the Village. Mr. 1~loros said that if the Subject Property was annexed into the Village, then the Village would have greater control than it does now. He stated that annexation actually works to the benefit of the property owners in the neighboring multi - family complexes. Chairman Rogers swore in Phyllis Rose, .812 Creek Bend Drive, Vernon Hills, Illinois. Ms. Rose stated that the Village has already accepted ARC into the Village because it created a special zoning district for them. Chairman Rogers said that the I -3 Zoning District was created because the Village does not currently have a garbage transfer facility anywhere else within the Village. Ms. Rose wanted to know if the Petitioner had any plans on building a garbage sorting facility on the Subject Property. She asked Staff if the Petitioner wanted to build a large waste hauling facility on their property, could they do so. Ms. Andrade stated that any future development plans would have to comply with the zoning district's regulations. She said that the Petitioner and Staff have stated that there are no development plans with the Subject Case's zoning request. Mr. Simmons said any new building construction on the Subject Property would be required to conform to the Village's parking requirements. The parking requirements restrict how much land the Petitioner could re- develop in the future. There was additional discussion regarding the parking requirements of one (1) space per .1,500 square feet of a building. Mr. Simmons stated this parking ratio is similar to other districts for industrial type uses. Ms. Rose provided additional concerns regarding expansion on the Subject Property. Chairman Rogers said that the Petitioner could expand even before being annexed under the county's jurisdiction. Ms. Rose stated that thousands of people reside across the street from the Subject Property and would be affected by the proposal. Mr. Ploros asked the Petitioner about what they were Kubiesa stated that there were no additional properties. part of ARC for over twenty -five (25) years. planning on doing with the additional properties. Mr. All properties proposed in the annexation have been a There was additional discussion regarding the addresses of all five (5) parcels that would be part of the annexation. Ms. Andrade stated that the addresses used in the public notices are reflective of current addresses of each individual parcel. The addresses were taken from the Cook County Assessor's website. Ms. Andrade Richard Rogers, Chair PZ -19 -12 Planning & Zoning Commission Meeting July 26, 2012 Page 4 of 6 identified each parcel and address for the Subject Case. Mr. Floros confirmed that the Petitioner was not occupying any additional properties. There was additional discussion regarding what properties were being annexed according to the legal notice. Mr. Simmons stated with the notice that was provided, the line that states "commonly known as" had five (5) addresses listed. Those are the five (5) addresses listed for the Subject Case. Mr. Simmons said the PIN numbers for all parcels were referenced as well. These parcels were the ones identified that would become part of the new zoning district. He stated the owner line on the notice was the mailing addresses for the owners of the Subject Properties; they operate and own all five (5) parcels. There was additional discussion on if there were any other twelve (12) acre parcels in the Village that would allow for the proposed I -3 zoning district. Ms. Comida asked the Commission why the Presidents of all the surrounding associations were not notified. Chairman Rogers and Mr. Simmons stated that the notice requirement is 250 feet surrounding the Subject Properties. Ms. Hinaber asked Staff to explain the 100 percent lot coverage for the proposed I -3 Zoning District. Mr. Simmons said that the lot coverage is any impervious surface area that is on a property. This would include any parking surface area, outdoor storage area, or building footprint. The 100 percent requirement would allow the Petitioner to have the entire lot paved for vehicles, equipment, or have buildings constructed on the Subject Properly. The Petitioner would be allowed to maximize the use of its properties. There was additional discussion regarding building size and lot coverage in relation to lot coverage. Mr. Beattie clarified with Staff that the five (5) Subject Properties are presently owned and occupied by the Petitioners. There was no extra space being proposed to the annexation agreement for ARC to expand. Mx. Beattie stated every address identified in the legal notice is owned and being used by the Petitioners as it is presently. He said if the properties would not be annexed into the Village, he asked if there would be any restrictions on building heights or anything else. Mr. Simmons stated the Subject Property currently has to adhere to Cook County's Zoning regulations and requirements for their zoning district. Mr. Beattie also clarified that the zoning regulations drafted for the proposed I -3 Zoning District would fit the Subject Property as it currently operates and exists today. Chairman Rogers asked the Petitioner if he knew of any plans of expansion or adding additional buildings to the Subject Property. Mr. Kubiesa stated that there were no plans and the facility would continue to operate as is. Ms. Rose stated that she reviewed all of the properties on the Cook County Assessor's website. She said two (2) of the properties are right next to each other are parking lots and was concerned that ARC would expand its operation to this area. There was discussion regarding access to the adjacent industrial properties to the east of the Subject Property. Kenneth Drive would be annexed into the Village and as part of the proposed annexation agreement .would become a private road maintained by the Petitioners. There was additional discussion regarding the southern parcels of the Subject Case (2105 & 3125 S. Busse Road). Ms. Andrade stated based on the aerials there was existing parking and storage on the two (2) properties. Ms. Rose asked what the overall size was of 2105 & 3125. Ms. Andrade said approximately seven (7) acres. Ms. Rose was concerned that the Petitioner would expand in the future on these two (2) properties. Ms. Rose asked Staff if the Petitioners were allowed to construct a garbage sorting facility under the proposed zoning district. Mr. Simmons stated that additional buildings could be constructed on the Subject Property provided that they meet the zoning regulations for the district. Any waste transfer or storage of waste would have to be indoors. Ms. Rose Richard Rogers, Chair PZ -19 -12 Planning & Zoning Commission Meeting July 26, 2012 Page 5 of 6 z asked if the Petitioners could construct a garbage sorting. building. Mr. Simmons said another building could be constructed on the Subject Property. 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 8:34 p.m. and brought the discussion back to the board. Ms. Hinaber made a motion, seconded by Mr. Beattie to recommend approval of: a Text Amendment to create the I -3 Waste Handling District and related regulations as outlined in the. Staff Report for case PZ- 19 -12; and a Map Amendment to rezone the Subject Property from R -X Single Family to I -3 Waste Handling. UPON ROLL CALL: AYES: Beattie, Fitzgerald, Floros, Hinaber, Rogers NAYS: None The motion was approved 5 -0. The Village Board's decision is final for this case. After hearing one (1) additional case, Mr. Floros made a motion, seconded by Ms. Hinaber to adjourn at 9:08 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 -12 Planning & Zoning Commission Meeting July 26, 2012 Page 6 of 6 Village of Mount Prospect`` Community Development Department CASE SUMMARY — PZ -19 -12 LOCATION. 1921, 2069, 2101, 2105, and 3125 S. Busse Road PETITIONER: ARC Disposal Company, Inc. OWNER: ARC. Disposal Company, Inc. & E &P Investment Corporation PARCEL #: 08- 23- 101 - 055 -0000, 08 -23- 101 -020 -0000, 08 -23- 100 - 006 -0000, 08 -23 -300- 007 -0000, and 08 -23- 101 - 062 -0000 LOT SIZE; 14.04 acres (611,943 square feet) ZONING: RX Single Family Residential (upon Annexation) VILLAGE OF LAND USE: Waste Transfer Facility MT. PROSPECT REQUEST: 1) Text Amendment - Create an 1 -3 Solid Waste Handling District 2). Map Amendment - Rezone from RX Single Family to 13 Solid Waste Handling 110104% 1.11KI 5 El Village of Mount Prospect �""`P` ` Community Development Department MEMORANDUM TO: FROM: DATE: MOUNT PROSPECT PLANNING & ZONING CO_ MMISSION RICHARD ROGERS, CHAIRPERSON CONSUELO ANDRADE, SENIOR PLANNER JULY 16, 2012 HEARING DATE: JULY 26, 2012 SUBJECT: PZ-19 -121 1921 -3215 S. BUSSE RD I TEXT AMENDMENT (CREATE I -3 SOLID WASTE HANDLING DISTRICT) AND MAP AMENDMENT (REZONE FROM R -X TO I -3) BACKGROUND A public hearing has been scheduled for the July 26, 2012 Planning & Zoning Commission meeting to review the application by ARC Disposal Company (the "Petitioner ") regarding the properties located 1921, 2069, 2101, 2105, and 3125 S. Busse Road (the "Subject Property"). The Petitioner is seeking a Text Amendment to amend the Village's Zoning Code to create a new 1 -3 Solid Waste Handling Zoning District and to rezone the Subject Property from R -X Single Family Residence to 1 -3 Solid Waste Handling (upon annexation), The P &Z hearing was properly noticed in the July 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 a Public Hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located.to the east of Busse Road in unincorporated Cook County and currently consists of a waste hauling transfer facility with related improvements. The Petitioner and the Village recently entered into an Annexation Agreement regarding the Subject Property on June 19, 2012. Per the agreement, the parties agreed to hold the necessary public hearings in order to create a new I -3 Solid Waste Hauling District within the Mount Prospect Zoning Code which would allow as a permitted use the Petitioner's current use of the Subject Property. The proposed text and map amendments are intended to create the I -3 District and apply the new regulations to the Subject Property upon its annexation into the Village. No improvements are proposed to the Subject Property at this time. PROPOSED TEXT AMENDMENT The Petitioner proposes to create a new zoning district with provisions for waste handling uses under Section 14.21A of the .Zoning Ordinance. The new section would be created and read as follows (new text in italics): 4 f Planning & Zoning Commission Meeting July 26, 2012 Page 3 13 SOLID WASTE HANDLING DISTRICT 14.21AOI: PURPOSE. The purpose. of the 1 -3 Solid Waste Handling District is to provide an area for the management, handling and transfer of solid waste and recycling materials and the storage of equipment associated with such use. 14.21A02: PERMITTED USES: Land Uses shall be permitted in the 1-3 Solid Waste Handling District in accordance with the provisions set forth in 14.604 of this Chapter and 14.A2101 above. 14.21A03: REGULATION: A. Minimum Parcel Size. The minimum size of the property on which 1 -3 activities may take place shall be not less than 12 contiguous acres. B. Time of Operat Operations may be conducted in the 1 -3 District twenty four hours a day, seven days a weep C. Building Height. The maximum height of any building in the 13 District shall be fifty (50 ) feet. . D. Distance from Residential District. Outdoor operations and storage may not take place within one hundred fifty (150 ) feet of any residential dwelling unit. E. Parkin. There shall be not less than one parking space for every one thousand five hundred gross square feet of building space. F. Outdoor Equipment Storage. Equipment may be stored outdoors only on paved or gravel surfaces. G. Lot Coverage. Lot coverage may equal one hundred (100 9 1 6) percent of the lot area. H. Building Setbacks. There shall be no setback requirements for the 1 -3 District, L Outdoor Operations. No solid waste may be stored outdoors; no equipment repair activities may be conducted outdoors and no transferring or sorting activities may be conducted outdoors. J. Vibration Limitations. a. Earthborne vibrations from any industrial operation, equipment, or process shall not constitute a nuisance nor exceed the following limits. Vibrations shall be expressed as displacement in inches and shall be measured with a three (3) component measuring system. b. No industrial activity shall be responsible for the transmission of earthborne vibrations across any residence or business zoning district boundary line in excess of the displacement limits established through use of the following formula D = 0.003 If Where: D =The maximum allowable displacement in inches f =The vibration frequency in cycles per second Planning & Zoning Commission Meeting July 26, 2012 Page 4 K Smoke And Particulate Matter. a. General Limitations: In addition to the following performance standards, the emission of smoke or particulate matter in such manner or quantity as to be detrimental to or endanger the public health, safety, .comfort, or welfare is hereby declared to be a public nuisance and shall be unlawful. Particulate matter emissions, in excess of the threshold limit values caused by the wind from open storage areas, yards, roads, etc., within lot lines shall be kept to a minimum by appropriate landscaping, paving, oiling, wetting, and other means. For the purpose of determining the density or equivalent opacity of smoke, the Ringelmann chart as adopted and published by the United States bureau of mines in circular no. 8333 shall be used. b. Permitted Smoke Emission: The emission of smoke from any vent, stack, chimney or combustion process shall not exceed a density or equivalent opacity no greater than Ringelmann no. 1. Smoke in excess of Ringelmann no. 1, but not exceeding Ringelmann no. 2, shall be permitted for not more than three (3) minutes in any sixty. (60) minute period. Smoke not exceeding Ringelmann no. 3 shall be permitted for five (5) minutes during any eight (8) hour period for purposes of fire cleaning only. Smoke in excess of Ringelmann no. 3 is prohibited. L. Fire And Ex losion Hazard Limitations: The following regulations supplement those pertinent requirements contained in the Mount Prospect fire prevention code and all other applicable fire and explosion ordinances: a. . The storage, utilization, or manufacture of material or products ranging from incombustible to moderate burning, as determined for liquids by a closed cup flashpoint of not less than one hundred eighty seven degrees Fahrenheit (187 °F), is permitted subject to compliance with all other performance standards for the industrial districts. b. The storage, utilization, or manufacture of materials or products ranging from free or active burning to intense burning, as determinedfor liquids by a closed cup flashpoint of less than one hundred eighty seven degrees Fahrenheit (187°F) but not less than one hundredfive degrees Fahrenheit (1057), is permitted subject to compliance with all other performance standards for the industrial districts, and provided that materials or products shall be stored, utilized, or produced within completely enclosed buildings or structures having exterior walls of fare resistive construction in accordance with other ordinances of this code. c. The utilization in manufacturing processes of materials which produce flammable or explosive vapors or gases, as determined for liquids by a closed cup flashpoint of less than one hundred five degrees Fahrenheit (I 05Y), shall be permitted in the industrial districts provided.• (1) That the final manufactured product does not itse f have a closed cup flashpoint of less than one hundred eighty seven degrees Fahrenheit (187 °F). (2) That the use and storage of such materials shall be in conformity with standards prescribed by the National Fire Protection Association and with the requirements of other ordinances of this code. (3) That the storage of said materials shall be prohibited above ground. Planning & Zoning Commission Meeting July 26, 2012 Page 5 M. Compliance with Other Standards. All operations shall be conducted in compliance with federal and state standards for such facilities. In addition to the above changes, the following sections of the Zoning Code shall also be amended: 1) Section 14.313E shall be amended to add 1 -3 to the subject table to read as follows (new text italics and bolded}. All other aspects of table to remain as is: 2) Section 14.601B shall be amended to add "1-3 Waste Handling" to the list of zoning districts 3) Section 14,604 shall be amended by adding the words "and I -3 " before "zoning districts" at the end of the paragraph. 4) Land Use Table 2 in Section 14.604 shall be amended by adding the following in alphabetical order (new text italics & bolded). All other aspects of table to remain as. is: Land Use Antenna Standards Height Setbacks Zoning B -4 B -5 B -5C Structure Adjacent To Not Adjacent To Residential Use District Monopole Lattice Guyed Mount Residential Use Front Side Rear Front Interior Exterior Rear 120' 120' 120' 10' NP 100% 100% NP 15' 30' 20' O/R I height height 2) Section 14.601B shall be amended to add "1-3 Waste Handling" to the list of zoning districts 3) Section 14,604 shall be amended by adding the words "and I -3 " before "zoning districts" at the end of the paragraph. 4) Land Use Table 2 in Section 14.604 shall be amended by adding the following in alphabetical order (new text italics & bolded). All other aspects of table to remain as. is: Land Use B -1 B -2 B -3 B -4 B -5 B -5C O/R 1 -1 1-3 Waste Handling and Recycling Centers P 5) Section 14.2224 Off Street Parking Requirements shall be amended as follows (new text italics and bolded). All other aspects of table to remain as is: Use Industrial: Waste Handling and Recycling Parking Requirements 1 space per 1,500 square feet of gross floor area STANDARDS FOR TEXT AMENDMENTS Section 14.203.D.8.b lists the standards for the P &Z to consider for text amendments to the Zoning Code. The standards include: • The general applicability of the amendment to the community, rather than an individual parcel; • Consistency of the amendment with the objectives of the Zoning Code and Comprehensive Plan; • The degree to which the amendment would create non - conformity; • The degree to which the amendment would make the Zoning Code more permissive; and • Consistency of the amendment with Village policy as established by previous rulings. As proposed the amendments would create a new zoning district intended to regulate waste handling and recycling land uses. Currently, the 1 -1 Industrial District allows recycling collection centers as conditional uses but otherwise the code is silent towards these land use types. Creating the 1 7 3 district would provide regulations where the .proposed uses would be permissible. The proposed amendment would only be applicable to the PIanning & Zoning Commission Meeting July 26, 2012 Page 6 Subject Property and not towards the rest of the Village at large. Other properties desiring to provide similar services would need to apply to be rezoned and complete the necessary public hearing process. Therefore, the amendment will permit additional uses currently not permissible by right within the Village, but would be restrictive enough that would not make the Zoning Code significantly more permissive. The amendments would not create nonconformities on the property as the existing site conditions will adhere to the proposed regulations. Additionally, the proposed text amendments are consistent with the objectives of the Zoning Code and Comprehensive Plan because the proposed changes protect and promote the health, safety, comfort, convenience, and general welfare of residents of the Village with minimal impact on the adjacent properties. The Subject Property is surrounded by other industrial type land uses making it a compatible land use under the proposed zoning district. Therefore, the proposed amendment meets the Zoning Code Standards for Text Amendments. COMPREHENSIVE PLAN DESIGNATION AND ZONING The Village Comprehensive Plan designates the property as general industrial. This land use designation is appropriate for uses with a strong dependence on transportation facilities and may include uses such as heavy manufacturing, truck terminals, construction equipment and material storage. The proposed waste handling facility will be consistent with the Comprehensive Plan's designation and the proposed 1 -3 zoning designation. MAP AMENDMENT STANDARDS The standards for Map Amendments are listed in Section 14.203.D.8.a of the Village Zoning Ordinance. When a Map Amendment is proposed, the Planning and Zoning Commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following matters: • The compatibility with existing uses and zoning classifications of property within the general area of the property in question; • The compatibility of the surrounding property with the permitted uses listed in the proposed zoning classification; • The suitability of the property in question to the uses permitted under the existing and proposed zoning classifications; and • Consistency with the trend of development in the general area of the property in question, and the objectives of the current Comprehensive Plan for the Village. The Subject Property is adjacent to existing industrial land uses on its north, east and south and multi - family residential uses across Busse Road to the west. The existing waste handling facility would be in keeping with the existing industrial land uses and the Village's Comprehensive Plan. The proposal meets the standards for a Map Amendment because it is compatible with existing properties within the general area of the Subject Property. RECOMMENDATION The proposed text and map amendments meet the appropriate standards as contained in Section 14.203.D.8 of the Zoning Ordinance. Based on these findings, Staff recommends that the Planning and Zoning Commission annrove the following motion: "To recommend approval of: A. a Text Amendment to create the 1 -3 Waste Handling District and related regulations as outlined in the Staff Report for case PZ- 19 -12; and 4 - _.P7-_1.8=12�_____ —._ _ _.. ._._._......._________._..._.._ _.... Planning & Zoning Commission. Meeting July 26, 2012 Page 7 B. a Map Amendment to rezone the Subject Property from R -X Single Family to I -3 Waste Handling." The Village Board's decision is final for this case. I concur: William J. ooney, AICP Director of Community Development RTLANTIanning & Zoning COMMT &Z 20121Staff ReportsTZ -19 -12 3125 S. Busse Rd (Text and Map Amendment for Arc Annexation).docx ' ggm lip id 1, yj imp 'i My AIM Ph Hill 1 114 "4111, Hill I ql IN Hill" ORDINANCE NO. VILLAGE OF MOUNT PROSPECT COOK COUNTY, ILLINOIS AN ORDINANCE ANNEXING APPROXIMATELY 14.1 ACRES OF PROPERTY LOCATED IN THE GENERAL VICINITY OF BUSSE ROAD AND KENNETH DRIVE COMMONLY KNOWN AS 1921, 2069, 2101 and 3125 S. BUSSE ROAD BE IT ORDAINED by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, as follows: SECTION 1: The President and Board of Trustees find as follows: (a) A petition has been filed with the Village Clerk and presented to the President and Board of Trustees of the Village of Mount Prospect, requesting that the territory described in Section 2 of this Ordinance be annexed to the Village of Mount Prospect, Cook County, Illinois (The Petition). (b) The aforesaid Petition was filed pursuant to 65 ILCS 5/7 -1 -8 (The Illinois Municipal Code) and is in proper form and in accordance with the statutory requirements of 65 ILCS 5/7 -1 -8 (The Illinois Municipal Code); (c) The territory included within the Petition is not within the corporate limits of any municipality, but is contiguous to the Village of Mount Prospect, Cook County, Illinois, a municipality existing under the laws of the State of Illinois; SECTION 2: The territory which is the subject of this Ordinance is legally described on attached Exhibit A . This territory is hereby annexed to the Village of Mount Prospect, Cook County, Illinois, all in conformance with and as shown on a plat and map of annexation of the territory prepared by a registered land surveyor of the State of Illinois, attached and made a part of this Ordinance as Exhibit A. 291500_1 SECTION 3: The following shall be recorded with the Recorder of Deeds of Cook County, Illinois, and the County Clerk of Cook County, Illinois: (a) A copy of this Ordinance certified as correct by the Clerk of the Village of Mount Prospect; and (b) A plat of the land included in this annexation. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. PASSED this day of , 2012, by the Corporate Authorities of the Village of Mount Prospect, on a roll call vote as follows: AYES: NAYS: ABSENT: APPROVED this day of , 2012. Irvana Wilks Mayor ATTEST: M. Lisa Angell Village Clerk 291500_1 LEGEND N WEST vow+ or —1 a. •u� [ONr a ux6ENC. f0�a91 AECaAO R Nw THL ORwm.vm lead .EAwa RI � =�S R4 3 u�i P PLAT OF ANNEXATION TO THE VILLAGE OF MOUNT PROSPECT, ILLINOIS P.Rr a Mc NORMREST O...TER AND ENE —POOREST.... or vcFR* n. ToN — .1 NORM. RANGE n EAST Of ME THIRD MNOP.L WMAN. IN EOOX CU11NTr. R-05. P.I.N. 08 -23 -1 O1 -020 08 -23 -101 -055 08 -23 -101 -062 08 -23- 300 -006 08 -23- 300 -007 acr GRAPHIC SCALE AREA NET PROPERTr �NCluO[5 RO.W 6+5.697 S0. FT Y6 777..7 S0. FT. +.+N9 --s 17.7329 ACRES NOTE eTH R S of �NHE.�NOR� -- —R.I. AFTER RECq IG RENM T0. NECORKR's 60. 32. S . I.NLRE 'A. B.us TO E P 1119 CORP PO BO. 292.6 PHOENIX. A2 8503B-92A6 ARC OSPOSK PO SO. 292.6 PH OENIX. A2 &SON -92.6 GENERAL NOTES T —ARE ILL PDINTS PROR TO ANT CONSTRUCNON AND REPORT ANY OfFEKNCES AT ONEE. 2. FOR BWLMNG RESTRCNONS AND EASEWNTS NOT SNONR NEREON. REFER 10 rOUN ABSTRACT. ME.. TITLE mARANT[[ POUC1 AND LOCK ORD�N.NC[5. 3 DO x01 Sc•LC ANY OmfN50RS fRQI MK PLAT. • T OIL' P S or 1 5 SuPNEY N1TN AN ENBOSSED SEAL SMALL SE OE94NATEO OFTA7AL CERDEEO COPES 5. TNiS PLAT ITS PREPARED FOR AN EXAFOON PIARPO5 5 0— AND DOES NOT EDIT— E —5 STANDARDS FOR BOUNDARv SUBLETS, Engineers 7325 Janes Avenue. SuOe 100 WDDDAOge, IL 60517 ARC DISPOSAL COMPANY V Scientis 630.724.9200 voice 2101 sour. WSW ROAD -_h •,;: "� $UNeyDT9 630.724.0384 1e. MDUNT PROSPECT, ILLINOIS GOOSS e.7ase.22eo PLAT OF ANNEXATION Ni. RO N. 04149 ARC DISPOSAL COMPANY • MT. PROSPECT, ILLINOIS ON NA VP02A weTw 4nnnx DRAELN ar: NLV zR: Au sNe6T RO. y' PLAT OF ANNEXATION TO THE VILLAGE OF MOUNT PROSPECT, ILLINOIS LEGAL DESCRIPTIONS OF RECORD v.R6xl + ME NORM J ACRES Of t PART or ME SCUMREST 1/. OF %CIO. IAN 23. YOY .. NORTH, RANGE II MAY OF ME TRIO PRINCIPAL MENOAN, DE.RREO AS FOlL0N5: ' OIU ENDI OR NG AT THE MTHNLST CORNER SOUM OF SAID 9EST 1/4 Or SECTION 23: HENCE MIN 12.50 CHAINS; THENCE [AST 20 CHAINS TO THE EAST LINE OF THE NEST 1/2 Or THE SW MYI.ST 1/4 OF SECNON 23: THENCE NORTH 12.50 Amy 10 THE NORM LINE OF SAO WARIER SECTION: MENCE MS' 10 ME PLACE Or BEGINNING. (EXCEPT BUS% ROAD). IN COON COUNTY, 6LUAIM (LEGAL DESCRIPTION TAKEN TRW AOMNSIRATWS DEED DOG NO 13262+.125 PROPERTY COMMONLY KNORN AS 63125 S. WS. RD.. PIN, PARCEL 2: THE SOUTH • ACRES Or TIE NORM 7 ACRES OF MAT PART Or TM SOUNNEST 1/4 Or SECTO. 2D TO_SNIP . 1 NORM. RANGE TINE ANGE 11 GIST DI TURD MNn At MERIDIAN BOUNOEO BY TIE IO LONnG DESCRIBED UNE: COINENCUG AT ME NO FINEST CORNER Or SID SOUMNEST 1/1 OF SECTION 23: THENCE SOUTH 12.SDEHAINS: THENCE [AST 20 CHAINS TO ME EAST LINE OF THE NEST 1/2 OF THE SOUTHAEST 1/. Or SCOW 23: THENCE MORM 12.50 CHAINS TO THE n UM Or SAID WARIER SECTXN. THENCE REST M ME RACE Or BEGINNING, (EXCEPT B. SSE ROAD), IN COOK CGUITr, LLMOIS. (LEGAL DESGNPTION TAKEN TRW ADMINISTRATOR'S DEED ED DOC. NO . 03262.4125 D PROPER+r COMRNIY KHOLAN AS 63125 S. BUSSE NO.. PIN. FE- 23- SCD -00>) PARCEL 3 ME REST 1­83 FEET. AS MEASURED ON N[ NOUN AND SOUTH LIES THEREOF, O ME SOUTH 16.68 FEET. AS M[ASUREO W THE EAST AND NEST UNES THEREIN(. Or THE MST I/2 OF TIE NORTHREST 1/4 OF SECTION 2J. TOAMAHP . MINN. RANGE It EAST OF TIE THIRD PmNCKAL, MENOiR, EXCEPTING THEREFROM ALL N PART NE NMETOrORE USED. TAKEN OR OCDICATED FOR PUBLIC ROAOS AM STREET. IN COOX COUNTY. ILLINOIS (LE N BUS. TRUS DIED %C]3 -0o OR1 "21] PNpPERir CWMONLY.- AS O. A. PARCEL 4 ME MST 662.% FEET (EXCEPT MC EAST % FEET THEREOF) OF THE NORM 10 AOR ES Or ME SQUIH 15 ACRES OF ME HE 51 'b or ME MORMNEST Y OF .ETON 23. 'ORISHP .1 -1.. A... 11 EAST Or ME I.R. PlNNGX L KPICUM (EXCEPT THAI I MLREOF DEDICATED FOR KENNEN DIVE PER DOCUMENT RECORDED .PTE TIBER 5. 1969 AS DOCUMENT 10950179 AID EXCEPT MAT PART FALLING Al BUSSE AVENUE). IN COOL COUNTY, ILLINOIS (LEGAL DESCRIPTION TAKEN FROM NARRANIY KO DOC. NO. %171269. PROPERTY COMMONLY INDIAN AS E2 06 9 5 WSU TAD_ PIN. 04-23- 101-062) PARCEL 5. MOS[ PARIS OF ME NORTH 16..73 FEET 0( TIE SOUTH 650.85 FEET (EXCEPT THE NORTH IM92 FEET OF THE K57 261.65 FEET OF THE EASY 734.96 FEET THEREOF) OF 1NE REST HALF Or ME MIT REST WRIER OF SECTION 23. AND ME MYRTN .591 rK OF ME SUM 70.7. FEET (EXCEPT ME EAST 13, SIT FEE' MCIICOF) OF ME MST 1/2 OF THE MRTHNESI QUARTER OF .CDON 23. ALL m TOPHYRUP . NORTH, RANGE 11 EAST OF ME THRED PRINCIPAL MERIDIAN, IN CORK COUNTY, IUn015 OESCRISED AS FOLONS CWMEMmG IT O WE PUT ON ME ST U OF NE SAID SECTOR 23. SAO39 FEET NORM OF ME SOUTH LIE Or ME WRNMST QUARTER BY SAID SECTI. I]. "T SAID. FOR A POINT OF MIm GNO: THENCE M SD ENCE EAST PARALLEL ME LIKE OF SAID NOR ST QUARTER A DISTANCE OF 150.0 FE I; HENCE NORM .LLEL RN TIE MST UK OF SAID SECTION 23, A DISTANCE 1250 FEET. MERGE WEST PARALLEL III ME SAO SOON LINE OF SAW WRTI1NE57 WARIER OF SAID SECTION 23 A DISTANCE OF 25410 FEET HERE OF LESS TO A POINT ON TIE NEST UNE OF SAID SECTOR 23. THENCE SOUTH A DISTANCE OF 125.0 KEI, MORE 04 LESS t0 THE PORT OF MCIwNG (EXCEPT MAT PART TAKEN AM USED FOR BUS% 'O.D) (LEGAL DESCIPTON TAKEN FROM TRUSTEES DEED DOE. x0. 92211655 mOPE(TY COMMONLY KNOKN AS 61921 5. BUSSE ILO.. PIN 06 -23- 101-020) KENNETH pmVE. AT PARE Or KENNETH DRIVE. S MOCATED By DOC. M 20950179 M THE REST HAL! or THE NORMxESi WARIER OF SECTION 23 TORMSUKP 41 MORN, RANGE 11 EAST D Sr ME FOL D: TURD IM NxAL MCMDIAN. m CONK CWnT. c a DE ams. SCIBEO As CONUCNCING AT NE SWMREST CORNER OF SID xO MST WARIER: THENCE NORM 59 DEGREES % MINUTES 4S .CORDS EAST ALONG THE SCUM LINE O' SHED ORMNEST QUARTER. SOOT 1.1 TO ME FAST LIE OF SCUN SUM IN THENCE FE MM OR OECR[E5 DS TES 12 SECONDS VEST ALONG SAW EAST LIE, 31.66 ET TO A UNE 33.00 FEET MIN OF, ANO PARALLEL NN, MIN UNE a THE HERN to .GMs or ME _M M +5 ACRES O SAID REST HALF OF ME MORMxEST A( TER OF .".. 11 TOR A -1 OF BEG HIM: THENCE COR11N AN. HORN W DEGREES OJ NOTES 12 SECO205 NEST. 66.01 FEET TO A UNE 1100 FEET Nd1M or No PRK e9 DEGREES % IEL NTn, SAO SOUTH LIMB Or ME NORM 10 ACRES: THENCE NOUN 6MBKS • %CONS EASY - THE LAST DEERNED EL LINE. 10BS.59 FEET: THENCE EASTERLY, MUM PARALL RLI AM RESTIALl ALONG A CURVE COMCANE TO ME MST, HAVING A RADIUS DE ... FEET HALING . CHORD SEARING SOUTH OR DEGREES 53 MINUTES 12 %COWS EAST, FOR AN ARC LENGTH OF 307.16 FEET; HENCE SWN S9 DEGREES %..VIES b SECONDS REST ALONG SAID SOUTH PARALLEL UNE. ION 61 FEET TO ME POINT or BEGNNNO SAID PARCEL OF LAW HEREIN DESCRIBED CONTAINS 62,550 SQUARE FEET, .LION EQUALS 1.5951 ACRES. MORE DR LE55 TOGET x $114111 GSF EL No.o OF FULL Nom RINT OF MAY OF ME RAEOIFEL1 OVERALL METES AND BOUNDS LEGAL DESCRIPTION BEING ANNEXED PARCELS I THRGNm A AND KENNETH OR Tp AT PART OF K ME WITTMST WARIER AID MUNNEST WARIER Or %CIMI 2J. xNSHA R NORTH. RAMDE N EAST Or ME TNIRO PRmOPAL NERDIAN, Ix COON. COUNTY DESCRIBED AS FOLONS: BEGINNING AT THE INTERSECTION OF ME REST LINE Or SAID SOU HAEST WARIER AND ME SOUTH UNE OF ME B 7 ACRES THEREOF; THENCE MIN 89 DEGREES OF ME .CF. ALONG THENCE THENCE IAM OF LESS. ALL IN CON CG1NT1, IUNOS, PARCEL 5 THA PART OF ME NORMNCST WRIER Of CNON 23. TOANSMP A R.M. RANCE U EAST Or U1E TWO F RNCR'AL MERIDIAN, M CON. COUN11 DESCRIBED AS COMN R- AT THE SWMAEST WASTE. DE S10 SECTION: THENCE MORN DD DEGIRKS W MINUTES 12 %CORDS NEST, 5.039 FEET 10 MC POUT Of MORNING. AGE ... E9 DEGREES % MNMT[S 45 %COMBS NEST Soot FEET 10 1 REST NOR OF NAY UK OF SOUTH BUSSE FEW. THEM EE NORM OD DEGREES 0o AA ­X5 2 %CORDS MST. 175TH FEET. THEM NORTH W MIKES % "MKS IS .COMBOS CAST, WDA FEET TO SAID E: THENCE MAN 89 DEGREES % MIIEi .6 %COWS EAST. 25000 FEET; THENCE SOUTH DO DEGREES OR MINUTES 12 % CORDS EAST, 125.OD FEET. THENCE MIN S9 DECREES 06 MINUTES 45 .COWS NEST. MIND FEEL; TO ME RACE OF MGBMH.G CONTAIN.. O.M6 AGES. MOTE OR LESS: ALL M COW COMM ILLIDIS. OWNER'S CERTIFICATE STATE OF 1 55 CWniv Or ) NIS IS 10 GERM MAT ARE 01SPOSAL COMPANI INC AND ILLIEFS CORPORATION, PO BOX ]9246 PROERX, At 65035 -9216 IS ME DINNER OF PAR RECORD OF INNER HEBEBI CWEN15 2i 3 OTHE ANNEXATION R OF SAID PARCELS TO NLL GE OF MOUNT PROSPECT, COG] COUNTY, ILLINOIS. "0 NOTARY CERTIFICATE STATE or ) s5 COUNTY of I, A x0141 PU &IC m AM IN SAID COUH IV, IN TIE SIAIE XIOnESAO. DO HEREBY CMII1Y MAT HiRWALLr RBORN TO ME t0 BE ME SwF PERSONS. veMA NAMES ARE IH "12"N'EO TO THE FGMQMMm RSTRUMENT, APPEAR ED BEFORE E TINS DAY PERSON AND ACKn01LE A DGEU i THEY SIGNED AND DELILERED I ME SAID ANS7NUMENT AS NEXT OW MEE AND 10LUHTARY ACTS. FOR THE USES AND GIME UMBER Mr AND AND 107 20__ -- Q ENV VU9LIC - - - - -- urcolNSSIW EXPIRES ____ OWNER'S CERTIFICATE STATE OF ) COUNTY OF TINS R TO CCRTRI N17 E 6 P X.NESIYEMY CORPORATION. AN ILLINOIS CORPM.IDN, PO BOX MN6 II E". .I MOO -12.6, IS ME DAMR N RECORD OF PARCEL 5 HEREON DEEIMO AHED NAT AS SUCH Om4R HEREBY CONSENTS TOOL E ANNEXATION OF SAO PARCELS TO ME NLLAGE Of MOUNT DATED AT -- DAY OF 20_ NOTARY CERTIFICATE STATE Or 55 COUNTY OF ) N O MY PUBLIC I AND FOR SAID CWNtY -w ixf STATE ArONE,A 00 HEREBY CERTIFY MAT I` TH( siuE P.-% v.1. s AnE SUBSCRIBED To APPEAR NE FOREGOING INSTRUMENT, ED BEFORE ME IRS I PERSON .MB NONLEDMD N.I THEY BONED D MLV[RED THE SAW ISTRIMNT AS THEIR 0GR FREE AND XWUNTARI ACTS, FOR ME USES AND PURPOSES THEREIN %T FORM. OVEN ORDER MY AND AND NOTARIAL SEAL IRS __ DAY or Io__. CORPORATE AUTHORITY CERTIFICATE STATE Or XUNOS ) SS 1- 0r COON ) APPROVED BY PRESIDENT AND BOARD TRUSTEES OF THE IXUAGE Or M NONNT PROSPECT, COON COUNTY. aLO1s. S ___ DAY I0___ BY (NUAGE ATTEST - (.LlADE OUMN)_ -____ SURVEYOR CERTIFICATE 9I.TE OF INOAN. ) ) SS oWN+Y or LANE ) 1. NNOMY A. STRICKLIND. AN ALMOTS PROFESSIONAL LAND SIIRKNOR DO HEREBY CERTIT MAT ME RNEXATWN PLAT DRAN6. HEREON VIALS PREPARED .T AND UNDER M1 MENIAL PARTS THEREOF GLEN UNDER M1 HAW AM SEAL IRS DAY OF . A.O.. MIT. E EDra: ARC DISPOSAL COMPANY 2101 soL1TH BUSSE ROAD MOUNT PROSPECT, ILUNGIS 50056 567.7542250 MY o0Mw5SWN EXPIRES _--_- 3; A� ywN`� *i q YMM MOM'J. STRIDILLAW, A' 6u - WXS PROFESSIONAL LAM SURLENO+ NO. 35 -]437 LICENSE EXPIRES O. -,c,. b, 2012. xx RwFXRN xo. OATB OR CONNEN v Y 1 COMPARES OF LUNGS. LID. PROFESSIONAL DESIGN FAM NO, IRS DESIGN MM NUMBER MARES APRIL 30, 2013 15.000502 • Engineers SclenUSls V SLA -yare ..,.. 7325 Janes Avenue, Suite 100 WDOerloge, IL 60517 630.724.9200 - 630.724.03841. V3CO.COT E EDra: ARC DISPOSAL COMPANY 2101 soL1TH BUSSE ROAD MOUNT PROSPECT, ILUNGIS 50056 567.7542250 R It PLAT OF ANNEXATION M4.nw 00149 cxw w: VP02A No wrt xx RwFXRN xo. OATB OR CONNEN o6sGRrnln DE A 5 ARC DISPOSAL COMPANY • MT. PROSPECT, ILLINOIS OMFTIO GONPISTCO: pRAMm W: MV 1 UE _YT TRY. NORM COMREIBO CHECKEDM US SCALE: MAYOR Irvana K Wilks TRUSTEES Paul Wm. Hoefert Arlene A juracek A. John Kom John J. Mahmak Steven S. Polit Michael A. Zadel Village of Mount Prospect 50 South Emerson Street; Mount Prospect, Illinois 60056 August 16, 2012 VIA CERTIFIED MAIL VILLAGE MANAGER Michael E. janonis VILLAGE CLERIC M. Lisa Angell Phone: 8471392 -000 Fax 847/392 -M TDD. 847/392.6064 WWW.Wotattp g TO: Elk Grove Rural Fire Protection District Trustees Ms. Joyce Robinson 1415 East Algonquin Road Arlington Heights, IL 60005 Mr. Rudy Faulhaber 1415 East Algonquin Road Arlington Heights, IL 60005 Ms. Linda Napientek 1415 East Algonquin Road Arlington Heights, IL 60005 Mr. George Taylor 1415 East Algonquin Road Arlington Heights, IL 60005 Ms. Patricia Tabaka 1415 East Algonquin Road Arlington Heights, IL 60005 Ms. Phyllis Senase 1415 East Algonquin Road Arlington Heights, IL 60005 RE: Notice of Proposed Annexation of Territory within the Elk Grove Rural Fire Protection District to the Village of Mount Prospect Pursuant to the Illinois Municipal Code (Illinois Compiled Statutes, Chapter 65, Section 5/7 -1 -1, et seq.), YOU ARE HEREBY NOTIFIED THAT on September 4, 2012, at their regular Board Meeting, the Village President and Board of Trustees of the Village of Mount Prospect will meet, pursuant to the Illinois Compiled Statutes, Chapter 65, Section 5/7 -1 -10, to consider the annexation of its territory, which is described and depicted in Exhibit A, attached hereto and incorporated herein. This Meeting shall commence at 7:00 p.m. and will be held in the Board Room, on the third floor of the Village Hall, 50 South Emerson Street, Mount Prospect, Illinois 60056. Very truly yours, Enclosure/ M. Lisa Angel' Village Clerk Village of Mount Prospect H: \CLKO \WIN \arc annexation\Annexation District Notices 2012 S Busse (ARC)august162012.doc MAYOR Irvana K. Wilks TRUSTEES Paul Wm Hoefert Arlene A juracek A Jahn Korn John J. Mahmak Steven S. Polit Michael A Zadel Village of Mount Prospect 50 South Emerson Street; Mount Prospect, Illinois 60056 August 16, 2012 VILLAGE MANAGER MIicbael E. janomis VILLAGE CLERK M Lisa Angell Phone. 847/392 -M Fwc 847/392.6@2 TDD. 847/392 -6064 WWMX ouatp nackorg TO: Elk Grove Rural Fire Protection District Trustees Ms. Joyce Robinson 1415 East Algonquin Road Arlington Heights, IL 60005 Mr. Rudy Faulhaber 1415 East Algonquin Road Arlington Heights, IL 60005 Ms. Linda Napientek 1415 East Algonquin Road Arlington Heights, IL 60005 Mr. George Taylor 1415 East Algonquin Road Arlington Heights, IL 60005 Ms. Patricia Tabaka 1415 East Algonquin Road Arlington Heights, IL 60005 Ms. Phyllis Senese 1415 East Algonquin Road Arlington Heights, IL 60005 RE: Notice of Proposed Annexation of Territory within the Elk Grove Rural Fire Protection District to the Village of Mount Prospect Pursuant to the Illinois Municipal Code (Illinois Compiled Statutes, Chapter 65, Section 5/7 -1 -1, at seq.), YOU ARE HEREBY NOTIFIED THAT on September 4, 2012, at their regular Board Meeting, the Village President and Board of Trustees of the Village of Mount Prospect will meet, pursuant to the Illinois Compiled Statutes, Chapter 65, Section 517-1 -10, to consider the annexation of its territory, which is described and depicted in Exhibit A, attached hereto and incorporated herein. This Meeting shall commence at 7:00 p.m. and will be held in the Board Room, on the third floor of the Village Hall, 50 South Emerson Street, Mount Prospect, Illinois 60056. Very truly yours, M. isa Angell Village Clerk Enc. MAYOR Ivan K. Wilks TRUSTEES Paul Wm. Hoebert Arlene A juracek A John Kom John J. Ivkhmak Steven S. Polit Michael A Zadel VILLAGE MANAGER Miftel E. janonis VILLAGE CLERK M. Lisa Angell Phones 847092-000 Fax 847/392 -6022 TDD. 647/392.6064 WWW-Noractwosne Qm Village of Mount Prospect 50 South Ennersm Street, Mount Prospect, Illinois 60056 August 16, 2012 VIA CERTIFIED MAIL TO: Elk Grove Township Board of Trustees, Elk Grove Township Supervisor, Elk Grove Township Highway Commissioner, and Elk Grove Township Clerk Mr. George K. Busse - Trustee 2400 South Arlington Heights Road Arlington Heights, Illinois 60005 Ms. Andrea Koshaba - Trustee 2400 South Arlington Heights Road Arlington Heights, Illinois 60005 Mr. Greg O'Brien - Trustee 2400 South Arlington Heights Road Arlington Heights, Illinois 60005 Ms, Nanci L. Vanderweel - Supervisor 2400 South Arlington Heights Road Arlington Heights, Illinois 60005 Mr. Michael H. Sweeney - Clerk 2400 South Arlington Heights Road Arlington Heights, Illinois 60005 Ms. Suellen Satem - Trustee 2400 South Arlington Heights Road Arlington Heights, Illinois 60005 Mr. Charles Serchuk - Highway Commissioner 2400 South Arlington Heights Road Arlington Heights, Illinois 60005 RE: Notice of Proposed Annexation of Territory within Elk Grove Township to the Village of Mount Prospect Pursuant to the Illinois Municipal Code (Illinois Compiled Statutes, Chapter 65, Section 5/7 -1 -1, et seq.), YOU ARE HEREBY NOTIFIED THAT on September 4, 2012, at their regular Board Meeting, the Village President and Board of Trustees of the Village of Mount Prospect will meet, pursuant to the Illinois Compiled Statutes, Chapter 65, Section 5/7 -1 -10, to consider the annexation of its territory, which is described and depicted in Exhibit A, attached hereto and incorporated herein. This Meeting shall commence at 7:00 p.m. and will be held in the Board Room, on the third floor of the Village Hall, 50 South Emerson Street, Mount Prospect, Illinois 60056. r . Lira Angell Village Clerk Village of Mount Prospect Enclosure/ H: \CLKO \WIN \arc annexation\Annexation District Notices 2012 S Busse (ARC) 5_25_12.doc ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 14 ENTITLED "ZONING" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Anew Article XXIAI entitled 1-3 Solid Waste Handling District" to Chapter 14 entitled "Zoning" of the Mount Prospect Village Code shall be added to be and read as follows: ARTICLE XXIA 1 -3 SOLID WASTE HANDLING DISTRICT 14.21A01 Purpose 14.21 A02 Permitted Uses 14.21A03 Regulations 14.21A01: PURPOSE: The purpose of the 1 -3 Solid Waste Handling District is to provide an area for the management, handling and transfer of solid waste and recycling materials and the storage of equipment associated with such use. 14.21A02: PERMITTED USES: Land Uses shall be permitted in the 1 -3 Solid Waste Handling District in accordance with the provisions set forth in 14 -604 of this Chapter and 14.21A01 above. 14.21A03: REGULATION: A. Minimum Parcel Size. The minimum size of the property on which 1 -3 activities may take place shall be not less than 12 contiguous acres. B. Time of Operation. Operations may be conducted in the 1 -3 District twenty -four hours a day, seven days a week. 286942_1 C. Building Height. The maximum height of any building in the 1 -3 District shall be fifty (50') feet. D. Distance from Residential District. Outdoor operations and storage may not take place within one hundred fifty (150') feet of any residential dwelling unit. E. Parking. There shall be not less than one parking space for every one thousand five hundred net square feet of building space. F. Outdoor Equipment Storage. Equipment may be stored outdoors only on paved or gravel surfaces. G. Lot Coverage. Lot coverage may equal one hundred (100 %) percent of the lot area. H. Building Setbacks. There shall be no setback requirements for the 1 -3 District. Outdoor Operations. No solid waste may be stored outdoors; no equipment repair activities may be conducted outdoors and no transferring or sorting activities may be conducted outdoors. J. Vibration Limitations. a. Earthborne vibrations from any industrial operation, equipment, or process shall not constitute a nuisance nor exceed the following limits. Vibrations shall be expressed as displacement in inches and shall be measured with a three (3) component measuring system. b. No industrial activity shall be responsible for the transmission of earthborne vibrations across any residence or business zoning district boundary line in excess of the displacement limits established through use of the following formula: D= Fa 003 f D =The maximum allowable displacement in inches f =The vibration frequency in cycles per second K. Smoke And Particulate Matter: 286942_1 2 a. General Limitations: In addition to the following performance standards, the emission of smoke or particulate matter in such manner or quantity as to be detrimental to or endanger the public health, safety, comfort, or welfare is hereby declared to be a public nuisance and shall be unlawful. Particulate matter emissions, in excess of the threshold limit values caused by the wind from open storage areas, yards, roads, etc., within lot lines shall be kept to a minimum by appropriate landscaping, paving, oiling, wetting, and other means. For the purpose of determining the density or equivalent opacity of smoke, the Ringelmann chart as adopted and published by the United States bureau of mines in circular no. 8333 shall be used. b. Permitted Smoke Emission: The emission of smoke from any vent, stack, chimney or combustion process shall not exceed a density or equivalent opacity no greater than Ringelmann no. 1. Smoke in excess of Ringelmann no. 1, but not exceeding Ringelmann no. 2, shall be permitted for not more than three (3) minutes in any sixty (60) minute period. Smoke not exceeding Ringelmann no. 3 shall be permitted for five (5) minutes during any eight (8) hour period for purposes of fire cleaning only. Smoke in excess of Ringelmann no. 3 is prohibited. L. Fire And Explosion Hazard Limitations The following regulations supplement those pertinent requirements contained in the Mount Prospect fire prevention code and all other applicable fire and explosion ordinances: a. The storage, utilization, or manufacture of material or products ranging from incombustible to moderate burning, as determined for liquids by a closed cup flashpoint of not less than one hundred eighty seven degrees Fahrenheit (187 °F), is permitted subject to compliance with all other performance standards for the industrial districts. b. The storage, utilization, or manufacture of materials or products ranging from free or active burning to intense burning, as determined for liquids by a closed cup flashpoint of less than one hundred eighty seven degrees Fahrenheit (187 °F) but not less than one hundred five degrees Fahrenheit (105 °F), is permitted subject to compliance with all other performance standards for the industrial districts, and provided that materials or products shall be stored, utilized, or produced within completely enclosed buildings or 286942_1 structures having exterior walls of fire resistive construction in accordance with other ordinances of this code. C. The utilization in manufacturing processes of materials which produce flammable or explosive vapors or gases, as determined for liquids by a closed cup flashpoint of less than one hundred five degrees Fahrenheit (105 0 F), shall be permitted in the industrial districts provided: (1) That the final manufactured product does not itself have a closed cup flashpoint of less than one hundred eighty seven degrees Fahrenheit (187 °F). (2) That the use and storage of such materials shall be in conformity with standards prescribed by the National Fire Protection Association and with the requirements of other ordinances of this code. (3) That the storage of said materials shall be prohibited aboveground. M. Compliance with Other Standards. All operations shall be conducted in compliance with federal and state standards for such facilities. SECTION 2: Paragraph E to Section 14.313 entitled "Regulations for Personal Wireless Telecommunications Facilities" of Article III "General Regulations" of Chapter 14 entitled "Zoning" of the Village of Mount Prospect Village Code shall be amended by adding the 1 -3 to the existing table as follows: 286942_1 Antenna Standards Height Setbacks Adjacent To Not Adjacent To Residential Use Residential Use Zoning Structure District Monopole Lattice Guyed Mound Front Side Rear Front Interior Exterior Rear 1-1,1-3, 120' 120' 120' 10' NP 100 100 NP 15' 30' 20' O/R o o ht. o o ht. 286942_1 SECTION 3: Paragraph B to Section 14.601 entitled "Districts" of Article VI "Zoning Districts" of Chapter 14 entitled "Zoning" of the Village of Mount Prospect Village Code shall be amended by adding 1-3 Waste Handling" to the list of zoning districts. SECTION 4: The first paragraph of Section 14.604 entitled "Land Use Tables" of Article VI "Zoning Districts" of Chapter 14 entitled "Zoning" of the Village of Mount Prospect Village Code shall be amended by adding the words "and 1 -3" before "zoning districts" at the end of the paragraph. SECTION 5: The Land Use Table 2 in Section 14.604 entitled "Land Use Tables" of Article VI "Zoning Districts" of Chapter 14 entitled "Zoning" of the Village of Mount Prospect Village Code shall be amended by adding the following to the table in alphabetical order: LAND USE TABLE 2 COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS Land Use 1 B -1 B -2 B -3 I B -4 I B -5 __ I B -5C O/R I -1 I -3 - F aste nters CeHandli ng and Recycling SECTION 6: Section 14.2224 entitled "Off Street Parking Requirements" of Article XXII "Off Street Parking and Loading" of Chapter 14 entitled "Zoning" of the Village of Mount Prospect Village Code shall be amended by adding the following under the "Industrial' Section in alphabetical order: Use Industrial: Parking Requirements 286942_1 Waste Handling and Recycling 1 space per 1,500 sq. ft. of gross floor area SECTION 7: 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 ATTEST: day of , 2012 Irvana K. Wilks, Village President M. Lisa Angell, Village Clerk 286942_1 6 ORDINANCE NO. AN ORDINANCE AMENDING THE VILLAGE OF MOUNT PROSPECT ZONING MAP The President and Board of Trustees of the Village of Mount Prospect have created a new zoning district known as the 1 -3 Waste Handling District. All necessary notices and public hearings have been held for the purpose of creating the new district and amending the Official Zoning Map of the Village of Mount Prospect in order to accommodate the new 1 -3 District. THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, as follows: 1. The Official Zoning Map of the Village of Mount Prospect, as amended, is hereby further amended by the addition of the territory legally described and generally shown on Exhibit "A" and its designation as 1 -3 Solid Waste Handling District. 2. This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. PASSED this day of of Mount Prospect, on a roll call vote as follows: AYES: NAYS: ABSENT: 2012, by the Corporate Authorities of the Village APPROVED this day of 1 2012. Irvana Wilks Mayor ATTEST: M. Lisa Angell Village Clerk 292774_1 LEGEND �' {'rir•0"i41'i <anK 1au0[ wn • FAa1[RR NA[9•.VR[rto EvSTwp� MRAUN: w RESt AC LGG H S Ic wAYN 1 1 wwr s IRWi1a Da+v v.f Pr ARN a T.xawc• D. ml K� wxw M.TEp D.rUV IRmI .R.Yas MM �un N n RI Ok °z d R4 $3 §§ P 4 RS SI E� PLAT OF ANNEXATION TO THE VILLAGE OF MOUNT PROSPECT, ILLINOIS PAT OF THE NOR"VEST QUARTER AND THE $OIITNNEST WARTER OF SECTION E3. TGMSHP I NORM. RANGE II EAST Or THE 1Nao PRNOPY wmaw N. M COON COUNTY. ­as. P.I.N. 08 -23 -101 -020 08- 23 -i01 -055 08 -23- 101 -062 08 -23 -300 -006 08- 23- 300 -007 q 3 GRAPHIC SCALE I. . BO• AREA "ET MOPERTV MA M4UOES N.O. w 615.657 M. FT 772.447 50. FT. 1.1b9 AUES 17 11 AOIES NOTE KITH RN ISPUi 0r ANNEILAWN, -- "ECd1o[D AFTER RECORDING RETUM TO: RECORDER'S 001 3E. SEND FURYE T.R BILLS r0 E P INV mp PO 90 E1EN PNOEMR AE 6SN6- 0 ARM IN DEME. AE BUSS -92" GENERAL NOTES I. CONFARE ALL POINTS PRIOR TO ANr COxS1RUCTMN AND REPOin AN wFERENCES AT ONa. 7. FOR SURONG RESTRCOONS AND EASEMENTS NOT SNOWN NEREON. REFER TO YOUN .—ACT. TO.. TIRE - ANANFEE POLLE1 AND LOUT ORDINANCES. 3. w NOT SCALE AN' RMENSIONS FRON DRS PLAT. .. ONLY PARIIS OF THIS SURVEY MM AN EMBOSSED SEAL SHALL BE DCSTp1ATED OfnPk CERTIRED CORES 5. THIS PLAT WAS PREPARED FOR ANNERATIO" PURPOSES ONLY AND ODES .IT WA DAR, TD THE ...as MNNUM STANDARDS FOR BOUNDARv SURLEK. .- PREPAR6OFOR Engineers 7326 Janes Avenue. Sutle 100 x OMC oElwaoN No. art oe6wlwxN PLAT OF ANNEXATION R.I.R w, 00799 1 Saenusls 630.., Op6. IL 80517 ARC DISPOSAL COMPANY +. as n +7 WLU _.EN FS y� 8J0.729.9200vdu x10+SOUT......aOAO ARCOISPOSALCOMPANY- MT. PROSPECT.ILLINOIS H. VPO7A S urvBVen 630.724.0364 19% MOUNT PROSPECT, IL LAOIS eD0s8 ow V3GD.co. N". 7567710 WwOCOMn 'a 9TI+N9 OnAWN 1V. MLP PROl6CTMAWOER: Ale PARM.0. ___ _. PIRRMORICOMYETFO: NN aweRFOSVw 1a 6CJ1F_ I . n 1 M 1 !� ,;,-, .14 ORDINANCE NO. AN ORDINANCE VACATING KENNETH DRIVE MOUNT PROSPECT, ILLINOIS BE IT ORDAINED by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, as follows: SECTION 1: It is hereby determined that the public interest will be served by vacating upon annexation to the Village of Mount Prospect, Kenneth Drive as legally described and shown on the plat attached as Exhibit A and designated "hereby vacated," be and the same is vacated, subject to the conditions listed in Section 2 below. SECTION 2: This Ordinance shall be subject to the following: Owner shall execute an easement, in form reasonably acceptable to Owner (1) allowing access to all parcels who are currently adjacent and have driveway access to the Kenneth Drive right -of -way to the private roadway located in the former Kenneth Drive right -of -way subject to the right of the Owner to seek on -going payment from the owners of such parcels of a pro rata share of the cost of maintenance, repair and replacement of such roadway to the extent permitted by law; (2) reservation of utility easements for any pre- existing public utilities located in Kenneth Drive. SECTION 3: Pursuant to 65 ILCS 5/11 -91 -1, the following parcels shall acquire title to Vacated Kenneth Drive: PIN Nos. 08 -23- 101 - 055 -0000, 08 -23- 101 - 020 -0000, 08- 23- 300 - 006 -0000, 08 -23- 300 - 007 -0000, and 08 -23- 101 - 062 -0000. 291502_1 SECTION 4: Upon receipt of the easement set forth in Section 2 above, the Village Clerk is hereby directed to record a certified copy of this Ordinance, along with the original plat of vacation, with the Cook County Recorder of Deeds. SECTION 5: In the event that the easement provided for in Section 1 above is not executed by the Parties within sixty (60) days of the effective date of this Ordinance or if the Annexation described in Section 1 is not perfected, this Ordinance shall be null and void and of no further effect. SECTION 6: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. PASSED this day of , 2012, by the Corporate Authorities of the Village of Mount Prospect, on a roll call vote as follows: AYES: NAYS: ABSENT: APPROVED this day of , 2012. Irvana Wilks Mayor ATTEST: M. Lisa Angell, Village Clerk 291502_1 2 / PLAT OF VACATION OF KENNETH DRIVE MT. PROSPECT, ILLINOIS PMT If SHE NdITHNEST WARIER K SECTION 21 TONHSHw t NORTH. 'MM It EAST OE THE THIRD PRINCIPAL KRDIM. IN COON COUNTY, BUNGS. GRAPHICSCALE GENERAL NOTES T. COYPMF ALL POINTS PRIOR TO MY CONSTRIKTON AND REPORT My DIFFERENCES AT ONCE. 2. FOR BUAAWG RESTMCTNNS AND EASEMENTS NOT SHOWN HEREON. REFER TO MOOR ABSTRACT, DOW. TTLE GUMMTEE POLICY. AND LOCK ONINMCES. 1 DO NOT SCARE MY DIMENSIONS FROM THIS PLAT. 4. OHLY PRINTS OF THIS SNILEY MTH M EMBOSSED SEAL SHALL BE DESIGNATED ornan LFA-1. COPIES 5. MIS PLAT NAB PREPARED FOR VACATION PURPOSES ONLY AND DOES NOT CONFORM TO THE ILLNGS YINIMW STMDMDS FCI1 BOUNDARY SUNYEYS. =� Engineers 7325 JBRS AVenue, SWIe 100 EM Scientists I WDOdddge, IL 80517 ARC DISPOSAL COMPANY 630.724.921 vOiDe 2101 SOUTH BUSSE ROAD SUNBYOrs 630.724.0384 f0X MOUN7PROSPECT,ILLIN01860055 v3co.com M7. 768.22110 NOTE wol MS P MNEXAIIW. RECORDED SIWLTMEOUB -1 MTH TN8 OE THE VACATED LARD IS REVERTING TO THE OWNER OF ADJACENT PARCEL (PIN 06-23 -101 -055) AFTER RECORDING RETITH TO, RECORDER'S BOX 324. SEND FUTURE TAO BILLS 70 : ARC DISPOSAL P.O. BOX 29245 INGENUE, A2 M38 ii1 11 $ Mgr g 3 9 H57 LEGAL DESCRIPTION MAT PART ON ME SEST NAV OF THC NORT NEST QUARTER OF SECTION 2wPDWNSNw AT NORTH, RANCE 1 EAST OF MTHIRD E T PN K NOP [RR AN. COOT COUNTY. MOIS. DESCRIBED AS FOLLOWS I 5 50.01 E MET S 70 T E EAST UNE OF 50 M W Pum p, THE TTHENCENORTH DO DDEMES W BO 1] 1 I SECONDS —1 KONO SNO EAST UNE. IJIA6 FEET TO A UM x.00 FEET SOON Dr. MD PARALLEL NTH, SWTH UNE o THE NDRTH 10 ACRES OF THE SOUTH 1S ACRES OF END BEST HAU' of THE NORIHFEBT QUARTER OF SECTION 33 FOR A POINT OF BEMm",,, IMEHCE CORMUNG AND PAR MIN, SNp SO UTH 1 UPS Of THE 0 0 ACBM U." . !9 "E"". 0 111) DESSUS 03 MANUIES INUTES 8 SECONDS CAST ALONG THE LAST DESCRBED PARALLEL LINE. Y65N FEET: THENCE SE EAST[ALY, SOUINFALY AND BEETERLY AURNI A CURVE CONCAVE TO THE TES T HAVING A ONUS 2 ALONG SID SOUTH PMALLEL UNE. lON.W FEET TD THE POINT OF BEOIRHING. SAID PARCEL OF LAND HEREIN DESCRIBED CONTAINS 87,550 souARE FEET. M104 EQUALS 1.11951 ACRES, MORE OR LEES. AICH'S S I ION PLAT OF VACATION mNW NN 04149 I^ OnnMxW CROSS ACCESS EASEMENT HEREBY GRANTED EC'0. APR 18 1979 L ET = I OVER ALL OF VACATED KENNETH DRIVE DOC. N0. 2492 795 M13; /A. N 89'06'48' E 1 5.59 33' � a gQ 303.3 i34.D7 0, O gg o 0 �s LEGEND 3 O �) J ® RO z I b - IDe9.ea' - 689'06'48 "W 1086.61' A Ep p,0,p \ A - t y 3. N w.RPwtne,c s O \ \\P \y`I P.013 - PIN: 06 -aJ -101 -055 5 WM C EAST p D 01— " ` _ S. NINE W THE NGS -NNEST 1/1 OF SEC 1J -91 -i1 N e9V6'A8' E N]A.BI' wT� Ptt w6A_ez_� - - Q mPoYNO IIRYAmN c rnN or RL aavwrc - - - - n 8996'.8 E t2fi9.99' ]aD' NE OF THE SOUTHNEST 11 OF SEC !] -tU -11 (CIAO] X-I D 0 lw noF cr6TAATE0 wMN IPRFI wANAID DAPN N. LINE OF THE SOUTH I ACRES I GENERAL NOTES T. COYPMF ALL POINTS PRIOR TO MY CONSTRIKTON AND REPORT My DIFFERENCES AT ONCE. 2. FOR BUAAWG RESTMCTNNS AND EASEMENTS NOT SHOWN HEREON. REFER TO MOOR ABSTRACT, DOW. TTLE GUMMTEE POLICY. AND LOCK ONINMCES. 1 DO NOT SCARE MY DIMENSIONS FROM THIS PLAT. 4. OHLY PRINTS OF THIS SNILEY MTH M EMBOSSED SEAL SHALL BE DESIGNATED ornan LFA-1. COPIES 5. MIS PLAT NAB PREPARED FOR VACATION PURPOSES ONLY AND DOES NOT CONFORM TO THE ILLNGS YINIMW STMDMDS FCI1 BOUNDARY SUNYEYS. =� Engineers 7325 JBRS AVenue, SWIe 100 EM Scientists I WDOdddge, IL 80517 ARC DISPOSAL COMPANY 630.724.921 vOiDe 2101 SOUTH BUSSE ROAD SUNBYOrs 630.724.0384 f0X MOUN7PROSPECT,ILLIN01860055 v3co.com M7. 768.22110 NOTE wol MS P MNEXAIIW. RECORDED SIWLTMEOUB -1 MTH TN8 OE THE VACATED LARD IS REVERTING TO THE OWNER OF ADJACENT PARCEL (PIN 06-23 -101 -055) AFTER RECORDING RETITH TO, RECORDER'S BOX 324. SEND FUTURE TAO BILLS 70 : ARC DISPOSAL P.O. BOX 29245 INGENUE, A2 M38 ii1 11 $ Mgr g 3 9 H57 LEGAL DESCRIPTION MAT PART ON ME SEST NAV OF THC NORT NEST QUARTER OF SECTION 2wPDWNSNw AT NORTH, RANCE 1 EAST OF MTHIRD E T PN K NOP [RR AN. COOT COUNTY. MOIS. DESCRIBED AS FOLLOWS COYYENQNO AT ONE SWTHIEST CgINER OF SAD .—NEXT WARTER: THENCE NORTH N 5 50.01 E MET S 70 T E EAST UNE OF 50 M W Pum p, THE TTHENCENORTH DO DDEMES W BO 1] SECONDS —1 KONO SNO EAST UNE. IJIA6 FEET TO A UM x.00 FEET SOON Dr. MD PARALLEL NTH, SWTH UNE o THE NDRTH 10 ACRES OF THE SOUTH 1S ACRES OF END BEST HAU' of THE NORIHFEBT QUARTER OF SECTION 33 FOR A POINT OF BEMm",,, IMEHCE CORMUNG AND PAR MIN, SNp SO UTH 1 UPS Of THE 0 0 ACBM U." . !9 "E"". 0 111) DESSUS 03 MANUIES INUTES 8 SECONDS CAST ALONG THE LAST DESCRBED PARALLEL LINE. Y65N FEET: THENCE SE EAST[ALY, SOUINFALY AND BEETERLY AURNI A CURVE CONCAVE TO THE TES T HAVING A ONUS OF 80.00 FEET BEARING A COO BENG SWAB 00 OEGNEES 5] YQUTES 12 SECONDS EAST, FOR M M ARC LENGTH " ]07.11 FEET: W THENCE WAIT N DEGREES M UINUTE4 46 SECONDS BEST ALONG SID SOUTH PMALLEL UNE. lON.W FEET TD THE POINT OF BEOIRHING. SAID PARCEL OF LAND HEREIN DESCRIBED CONTAINS 87,550 souARE FEET. M104 EQUALS 1.11951 ACRES, MORE OR LEES. PLAT OF VACATION mNW NN 04149 KENE7H DRIVE- MT. PROSPECT. ILLINOIS OnnMxW VP02A 7CONP1EIE0: OTIIMTi DRAWN N: A4P PROUECT YAHA50. ET 'M VICINITY MAP Nor TO SCALE PLAT OF VACATION OF KENNETH DRIVE MT. PROSPECT, ILLINOIS OWNER'S CERTIFICATE STATE or ) ss COUNTY OF ) THIS IS TO CNAFY THAT ARC .—AL CEIPMY. P.O. BON 19119, PNOF]p1 AE ea0]9 R THE MA OF RECORD OF PMgI De- l>•tDI -Oaa AM0.4Np0 MC GTEO SETT- W[CH g3gIBW AND MAT AS SUCH OMFA NERF CONSENTS TO THE GNON W INMNETN ANT'. —AA, OF MOST O ..DEFECT, COON COUNTY. ILLpdi DATED AT 20_ OANER NOTARY CERTIFICATE STATE or ) ss COUNTY O! ) COUNTY. NOTARY PUBLIC IN AND FOR SAID IN ME STATE MEICSNO. DO ME.E.T MMFT MAT PGSCHNIY NNDM M YE TO eE THE SMC PGSONi NN0 LAMES MC MD 0TM'TRWE, BONE EFODEM ME M� Aw INSINwCHT AS M[IR OM lREf MD —.7— ACTS. FOR MC USES AND wRPOxs MGG1 xr rmTH. ]OKx UAMN MY AND AxD xarMML xAL THIS __ DAY or N01MY wBYC MY —.Mo. Elb•IAES UTILITY EASEMENT PROVISIONS A PUBLIC UTUTY EASEMENT IS MONEY FESERKO FAA AND CHANTED 10 THE M LAGE OF MOUNT REDSKCI ('KLAq') AND ITS MANDATE& FOR ALL AREAS TERCEL PLATTED ANO DE94NATED ,H , uc UNUIY EASEYTHT'. TO C4ESIIXICT. pSFAIL, RECMSIMIICE REPNS REYOME REnAq, YECI, MAINTAIN AND EIER.ATE UIUR nAN5YR90N AND ESIRNYMN SKIEYS Alq YXES x, u DG OKR. ACROSS ALONG A=UPON THE SURI OF RAND EA MT. pLTUbN6 MMOUT TAAp1 lU YNNS STMYMIG AuNOFF, SlEe1 xNGS SNRFA xMA3. -s YNXi MLFwCHF G4C1 EgCTAMAI UN[i MD CABLE 1[1f1A9El. ND ENCROAONICHT OF MY LAND [NWOApYEpt SMALL NOT pTERiEp[ E PRDPFp M µx6 Cr EWC UT FAOUM SUDI AS DIDMAtltlIMI BY xEE- NIEAFERWO GARDENS 9pYK AND *A" LANDS —" SAID E E S TM U o5 MESON S T FORM M AMINAW TM M.T TO�WT, MA R Mr. AN UNCUT T AO;dL� M A1N� TM�M Wi141 NSTAMADA, 'UTILITY WAR AM REMOVAL. REPLAgII[NT, YNN1FlEMq AND OPERATOR OF ME uNBEB6ROUx0 nANS A0N AND balMWI9N SHTCHS NAf SUCH rNOLITIES APPURTCHMT TNDIEn. FOLLOFAN6 ANY MO T o BE KRFONMED LIAq FRMCTMxES MM G SAID PLNTS FROM ME SWFAQ RESTEIAlMlx9, pQU N6 M H OBY N OT. pI M d[ FULLOpNE BAgr1LL A SNALL Munt SNAUL B E CONCRETE AINA mIEA CLE NOBIRM O �IOT�j6M. NO-­` EX NESTMAa SMMLL B COMPLETED IN ACCORDANCE MM —At STANDARDS FALL ONN6 MY N°M TO x PERFORYEO Br 111E MLIMTE Ix ME 'NATURE or n EASEMENT RCHiS O AHL OGEE, 111E NLLASE SNKL HAK x0 08UGIMIN WM REYECT 10 SURFACE RESTOMI -. CUNMN Bur NOT UMTEO lq ME M OR 9MYBep1Y: PRDNg0. NOMEKR. MAT 1µE NllAOE 91µL BE OW'AI[D iELOMTN6 YNXRNMq MORN 10 BAOIRL MO OGLING MOSER S FAUZ RfYOK Nl RE [TICESS 0 MS AW 9WR AT LEAK M YNMrtNMq AREA b A GENERALLY CLEAN MD NOMYANLIILE — . CROSS ACCESS EASEMENT PROVISIONS A PGYMGT. NON-ESOUSK CROSS ACgSS EASEMENT FORµ DRESS AND t. SS 6KR� UPON ADS FASEYCH'. MGEBV RES[RKp ;9 AND M QMI[O l0 ALL M P E ARIIC K TOgTIRR ° M MFp eY THE 61CME UM ETaD ANO PL NOLOMO FEET 10 ANY LANDS OR ANY — ON THEREOF YAGTEO ANN TET. STATE OF INDIANA ) 99 c6uNTr E LM[ ) SURVEYOR CERTIFICATE M I ANTHONY A YTACNLAND. AN IWNOS PROF[59ANAL LAND SIRKYDR AO NGEBr CGMY THAT E PLAT OF ANAN DRANN HEREON W a PREPMLD T MO u.. YY D.c.. FROM _CAL MANS AND PLATS ALL ONENSIONS SAGO ML p n[T AND DECIMAL PMn THEREOF. ONN UNDER MY XMD AND SEAL MIS _ OAY OF .slAi �;• sTo-mMJrpNtN AXMCNY RM SI T MwNTM' S PRE2AA a NES O uµ0 SYPRLY W. 3-37 'D ^.n .�Y CoRMA ES OF I LLINOIS L ON NOKYBER FE S TIME. • .y ••••1 V3 COU T OF I, LTD. PROFESSIONAL OE90V FIRM N0. 181000937 THIS DESIST F9Y NUMBER EWES MISS. ]a 2013. CORPORATE AUTHORITY CERTIFICATE STATE OF ILLINOIS ) COUNTY Or 000. 1 SS APPROKO RY T E PRESMENI AN. W. a TwsTE or ME NLLAq 0 MWxI THOS T — COUNTY, LUHA.. MIS Y or- BY (µ PRESIpENT) -- ATTEST (.L." --DER -) — VILLAGE COLLECTOR CERTIFICATE STATE OF IIUNbS ) co— Or FNON i SS I ASY M EY S ENTS DUE AQU- ANY or M 1N - 0.A1� By (NLLAQ CEL[tnM) DATED THIS _— DAY Or — 10_ VILLAG ENGINEER'S CERTIFICATE STATE OF LANES ) cauNTr or wox ) ss APPROKD BY ME MILL EN-111 OF ME —AGE Or MOUNT PROSPECT. COb[ [OYHTY. IWNOIS. THD _ DAY OF — la ..E.: (NLLAq [µWE[µ) Engine.. 7325 I Janes Avenue, Sub. 100 vAlPAAeorbv xa wre xtw 9DIanUals UJ°°dAdgge IL 80517 ARC DISPOSAL COMPANY 1. an sl µx0 uu.Nxs°M Mo, DROF PLAT OF VACATION vNNNNx D4 149 e3D.724.6200 voice 2101 SOUTH BUSSE ROAD Surveyors 870.724.0364 tax KENETH DRIVE- MT. PROSPECT. ILLINOIS -- VP07A V3SA OUG MOUNT PROSPECT. (WHEAT MR µ7.75421a0 OAArONOCONFunno, AI IMUwISr. .... wnle,- r....,..... ... ...R..... Village of Mount Prospect Community Development Department MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: AUGUST 28, 2012 SUBJECT: EXTENSION OF ORDINANCE # 5642 —A CONDITIONAL USE PERMIT IN THE NATURE OF A PLANNED UNIT DEVELOPMENT AND VARIATIONS FOR A 12- UNIT ROWNHOME PROJECT The Petitioner has requested an extension of the zoning approvals granted by the Village in 2007 to construct a 12 -unit rowhome development at 701 E. Prospect Avenue. The Petitioner has yet to construct the development as the real estate market downturn has made completing the project infeasible at this time. Therefore, the Petitioner is seeking to extend the ordinance for an additional 30 months in hopes that the market improves. Attached is a letter from the Petitioner requesting the extension. Please forward this memorandum and attached letter to the Village Board for their review and consideration at their September 4th meeting. The Village Board would need to approve an amendment to Ordinance #5642 to extend it for another 30 months. Staff will be present at this meeting to answer any questions related to this matter. William J. Cooney, Jr., AI P 701 EA ST PROSPECT AVENUE LLC August 2, 2012 Bill Cooney Community Development Director Village of Mount Prospect 50 S. Emerson St. Mount Prospect, IL 60056 Re: Ordinance No. 5641 & 5642 30 Month Extension Request Mr. Cooney; we are respectfully requesting the Board of Trustees grant us a 30 (thirty) month extension of the existing ordinances (Ordinance No. 5641 and Ordinance No. 5642) amending the official zoning map of the Village of Mount Prospect and conditional use permit and variations for the property located at 701 E. Prospect Avenue passed and approved on August 7, 2007. Due to the economic environment this extension is necessary to allow us time to eventually develop the parcel. If you require anything further information other than this official request please let us know. Sincerely, Timothy Loucopoulos Manager /Member 701 East Prospect Avenue LLC 2300 West Diversey, Chicago Illinois 60647 P (773) 598 -8698 1 F (773) 598 -4780 ORDINANCE NO. 5642 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIATIONS FOR PROPERTY LOCATED AT 707 EAST PROSPECT AVE Passed and approved by the President and Board of Trustees the 7 th day of August, 2007 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 8th day of August, 2007. ORDINANCE NO. 5642 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIATIONS FOR PROPERTY LOCATED AT 701 EAST PROSPECT AVENUE WHEREAS, Structures Development ( "Petitioner'), has filed a petition 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 Industrial Park, being a subdivision of part of the West 1 /2 of the Northeast % and part of the West'/ 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 1752354. Property Index Number: 08 -12- 428 -004 -0000; and WHEREAS, the Petitioner seeks to create a Planned Unit Development providing for the construction of a twelve -(12) unit rowhome development; and WHEREAS, a Public Hearing was held on the request for a Planned Unit Development, Conditional Use permit and Variations being the subject of Case No. PZ -15 -07 before the Planning and Zoning Commission of the Village of Mount Prospect on the 2e day of June, 2007, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 9 "' day of May, 2007; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendation to the President and Board of Trustees of the Village of Mount Prospect in support of the request being the subject of PZ- 15 -07; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the requests herein and have determined that the requests meet the standards of the Village and that the granting of the proposed Conditional Use permit for a Planned Unit Development and Variations to allow the following set- backs; a twenty foot (20') front yard, an eight foot (8') interior side yard, a twelve foot (12') exterior side yard, a fifteen foot (15') rear yard, a twenty -two foot (22') drive aisle width, thirty six foot, four inch (364 ") building height and 51.6% lot coverage as shown on the attached "Exhibit A," 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 That the Conditional Use Permit in the nature of a Planned Unit Development being the subject of this Ordinance is subject to the following conditions: A. Development of the site in general conformance with the site plan prepared by HKM Architects and Planners, revision dated July 19, 2007with the following set -backs and lot coverage: 1. 20' front yard (Edward Street) 2. 8 ' interior side yard (alley) 3. 12' exterior side yard (Prospect Avenue) 4. 15' rear yard Page 212 PZ -15 -07 5. 22' drive aisle width 6. 36'4" building height 7. 51.6% lot coverage B. Development of the units in general conformance with the elevations and floor plans prepared by HKM Architects and Planners, revision dated June 25, 2007; C. Development of the site in general conformance with the landscape plan prepared by HKM Architects and Planners, revision dated June 25, 2007; D. Prior to issuance of a Building Permit, the Petitioner shall submit a lighting plan that complies with the Village's lighting regulations for the lighting within the development; E. 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 over night parking is prohibited; and F. 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. G. The alley and rear drive will be a dedicated 20 -foot Fire Lane. H. The Petitioner shall make a monetary donation of $10,000 specifically earmarked forgeneral park improvements at Lions Park at the completion of the proposed row home development to comply with the Village's Public Benefit requirement." SECTION THREE The President and Board of Trustees of the Village of Mount Prospect do hereby grant approval of a Conditional Use permit and Variations as provided in Sections 14.203.F.7, Sec. 14.203.C.7 and Sec. 14.1304.0 of the Village Code, for a Planned Unit Development for a twelve (12) unit row home development, all as shown on the Site Plan revision dated July 19, 2007 a copy of which is attached hereto and hereby made a part hereof. SECTION FOUR The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FIVE This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Corcoran, Juracek, Korn, Lohrstorfer, Zadel NAYS: None ABSTAIN: Hoefert ABSENT: None PASSED and APPROVED this 7 day of August 2007. IL IL 3�n9� s CIUVMa3 - s c CL �co f a F d c3 7E i Its 3 U J C _O 7 C O U L L v� HIM I 3 c HI TL E �Z "s "a H H H II id CL 0. 1 +1 11 +1 H V' a !_ m b C . - . E ir tm �a s CIUVMa3 - s c CL �co f a F d c3 7E i Its 3 U J C _O 7 C O U L L v� ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 5642 GRANTING A CONDITIONAL USE PERMIT AND VARIATIONS FOR PROPERTY LOCATED AT 701 EAST PROSPECT AVENUE WHEREAS, the President and Board of Trustees of the Village of Mount Prospect, Illinois did adopt Ordinance No. 5642 entitled "An Ordinance Granting a Conditional Use Permit and Variations for the property located at 701 East Prospect Avenue ", at their regular meeting held August 7, 2007; and WHEREAS, Section 14.504.E of the Village Code of Mount Prospect states that the Village Board shall consider the Planned Unit Development subject to revocation if construction falls more than one year behind the schedule filed with the final plan, or exceeds five (5) years; and WHEREAS, the Petitioner has been unable to construct the 12 -unit rowhome project due to the national real estate downturn and has requested that the Village Board approve a 30 -month extension of time to complete construction; and WHEREAS, the President and Board of Trustees find that it is in the best interests of the Village to permit the extension requested by Petitioner. 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 herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: Ordinance No. 5642 is hereby amended to extend the approval date of the Conditional Use Permit and Variations, as adopted by Ordinance No. 5642, from August 7, 2007 to February 7, 2010 such that construction must be completed on or before February 7, 2015. SECTION THREE 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 t " day of September, 2012. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk Mount Prospect Public Works Department �� $/ INTEROFFICE MEMORANDUM TO: VILLAGE MANAGER MICHAEL JANONIS FROM: TRAFFIC ENGINEER DATE: AUGUST 20, 2012 SUBJECT: ALGONQUIN- BUSSE- DEMPSTER TRAFFIC SIGNAL MODERNIZATION PROJECT RESOLUTION FOR THE ILLINOIS DEPARTMENT OF TRANSPORTATION—$20,700.00 Attached is a Resolution authorizing the Mayor to sign an Agreement with the Illinois Department of Transportation (IDOT) whereby the Village agrees to be responsible for the cost of replacing the Emergency Vehicle Preemption (EVP) equipment as part of an upcoming IDOT traffic signal project. IDOT is set to modernize the traffic signals at the intersections of Algonquin Road & Dempster Street, Algonquin Road & Busse Road, and Busse Road & Dempster Street in early 2013. Work will include replacing the aging equipment with new LED traffic and pedestrian signal heads, controllers, battery back -up systems, posts, arms, wiring, and emergency vehicle preemption (EVP) equipment. Only the EVP equipment is Village -owned and, therefore, our responsibility to fund. Adopting this Resolution is required by IDOT as a condition of the Agreement (attached) for the project. The estimated cost to replace the EVP equipment is $20,700.00. Funds for this project will be appropriated in the Proposed 2013 Village Budget. It is Staffs recommendation that the Village Board of Trustees adopt the Resolution. Please include this item on the September 4"' Village Board Meeting Agenda. Matthew P. Lawrie h:\ engineering \traffic\ signals\ idot\ algonquin - busse- dempster \vb_resolution memo.doc Attachments: Resolution & Agreement AGREEMENT THIS AGREEMENT entered into this day of A.D., , by and between the STATE OF ILLINOIS, acting by and through its Department of Transportation, hereinafter called the STATE, and the Village of Mount Prospect, County of Cook, of the State of Illinois, hereinafter called the Village. WITNESSETH WHEREAS, the STATE, in order to facilitate the free flow of traffic and insure safety to the motoring public as part of the hazard elimination and safety program is desirous of improving the existing signalized intersection on IL RTE 62 (Algonquin Rd) at Dempster Street, IL RTE 62 (Algonquin Rd) at Busse Road, and Dempster Street at Busse Road by modernizing the traffic signals, installation of Emergency Vehicle Preemption equipments (EVP) (to be known as STATE Section 2012- 030 -TS State Job No. C -91- 449 -12 Contract No. 60T82), and by performing all work necessary to complete the improvement in accordance with the plans and specifications; and, WHEREAS, the Village is desirous of said improvement in that same will be of immediate benefit to the Village, and permanent in nature; and, WHEREAS, the intersection of IL RTE 62 (Algonquin Rd) at Dempster Street, IL RTE 62 (Algonquin Rd) at Busse Road, and Dempster Street at Busse Road lies with the corporate limits of the Village. NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. The STATE agrees to prepare plans and specifications, receive bids, award the contract, furnish engineering inspection during construction, and cause the improvement to be built in accordance with the plans, specifications, and contract. The STATE also agrees to pay all construction and engineering costs subject to reimbursement by the Village as hereinafter stipulated. 2. The Village agrees to approve the plans and specifications by letter or resolution prior to the STATE advertising for the work to be performed hereunder. 3. It is mutually agreed that the proportional participation for the construction costs and engineering costs of this improvement shall be as follows: FEDERAL STATE VILLAGE FUNDS FUNDS FUNDS Traffic Signals 90% 10% 0% Engineering (15 1 /o) 90% 10% 0% FEDERAL STATE VILLAGE FUNDS FUNDS FUNDS Installation of Emergency Vehicle Preemption Equipments at: - IL RTE 62 (Algonquin Rd) at Dempster Street 0% 0% 100% - IL RTE 62 (Algonquin Rd) at Busse Road 0% 0% 100% - Dempster Street at Busse Road 0% 0% 100% 4. It is mutually agreed that the estimated construction costs and engineering costs of this improvement are divided as follows: FEDERAL STATE VILLAGE INTERSECTION FUNDS FUNDS FUNDS TOTAL Traffic Signals at IL RTE 62 (Algonquin Rd) @: Dempster Street $184,500.00 $20,500.00 $0 $205,000.00 Engineering (15 %) $27,675.00 $3,075.00 $0 $30,750.00 Emergency Vehicle Preemption $0 $0 $6,000.00 $6,000.00 Equipment Installation Engineering (15 %) $0 $0 $900.00 $900.00 Busse Road $256,500.00 $28,500.00 $0 $285,000.00 Engineering (15 %) $38,475.00 $4,275.00 $0 $42,750.00 Emergency Vehicle Preemption $0 $0 $6,000.00 $6,000.00 Equipment Installation Engineering (15 %) $0 $0 $900.00 $900.00 Dempster St @ $279,000.00 $31,000.00 $0 $310,000.00 Busse Road Engineering (15 %) $41,850.00 $4,650.00 $0 $46,500.00 Emergency Vehicle Preemption $0 $0 $6,000.00 $6,000.00 Equipment Installation Engineering (15 %) $0 $0 $900.00 $900.00 Interconnect: $49,500.00 $5,500.00 $0 $55,000.00 Engineering (15 %) $7,425.00 $825.00 $0 $8,250.00 TOTAL $884,925.00 $98,325.00 $20,700.00 $1,003,950.00 5. It is mutually agreed that the Village will reimburse the STATE in an amount equal to the Village's share of the actual cost as determined in accordance with Item #4 above. It is mutually agreed that upon award of the contract for this improvement, the Village will pay to the Department of Transportation of the State of Illinois, in a lump sum from any funds allotted to the Village. An amount equal to 95% of its obligation incurred under this Agreement, and will pay to the said Department the remainder of its obligation (including an non - participating costs for FA projects) in a lump sum, upon completion of the project based final costs. 6. The Village has passed a resolution appropriating sufficient funds pay its share of the cost of this improvement, a copy of which is attached hereto as Exhibit "A" and made a part hereof. 7. The agency performing actual traffic signal maintenance will remain as listed in the Exhibit A of the existing Master Agreement executed between the Village of Mount Prospect and the STATE on February 01, 2011. 8. The Department of Transportation will maintain the signalized intersections above through its electrical maintenance contractor. The financial responsibility for the "EMERGENCY VEHICLE PRE- EMPTION" equipment at the signalized intersection above shall be borne by the Village. 9. If, in the future, the Department of Transportation adopts a roadway or traffic signal improvement including any of the aforementioned intersections requiring modification or reconstruction to the said traffic signal(s), then the Village hereby agrees to be financially responsible for all costs pertaining to the EMERGENCY VEHICLE PRE - EMPTION EQUIPMENT in conjunction with the Department's proposed improvement. 10. Payment by the STATE of any or all of its share of maintenance and energy costs is contingent upon the STATE receiving adequate funds in its annual appropriation. 11. The STATE will be responsible for maintenance of lane line and median line markings. The Village will be responsible for maintenance of crosswalk and stop line markings under their jurisdiction. 12. The Village agrees to exercise its franchise right to cause private utilities to be relocated at no expense to the STATE. 13. This agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. Village of Mount Prospect L Date: ATTEST: Clerk STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION Seal By: Title: Acting Deputy Director of Highways Region One Engineer Date: RESOLUTION NO. A RESOLUTION AUTHORIZING THE VILLAGE OF MOUNT PROSPECT TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ILLINOIS, THROUGH ITS DEPARTMENT OF TRANSPORTATION, TO IMPROVE THE EXISTING SIGNALIZED INTERSECTION ON IL RTE 62 (ALGONQUIN ROAD) AT DEMPSTER STREET, IL RTE 62 (ALGONQUIN ROAD) AT BUSSE ROAD, AND DEMPSTER STREET AT BUSSE ROAD, MOUNT PROSPECT, ILLINOIS WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have deemed that the best interests of the Village may be served by entering into intergovernmental agreements; and WHEREAS, Section 10 entitled Intergovernmental Cooperation of Article VII of the Illinois Constitution empowers municipalities to enter into intergovernmental cooperation agreements; and WHEREAS, as part of the hazard elimination and safety program the State of Illinois is desirous of improving the existing signalized intersection on IL RTE 62 (Algonquin Road) at Dempster Street, IL RTE 62 (Algonquin Road) at Busse Road, and Dempster Street at Busse Road; and WHEREAS, intersection improvements include modernizing the traffic signals, installation of Emergency Vehicle Preemption equipment (EVPO (to be known as STATE Section 2012 - 030 -TS State Job No. C -91- 449 -12 Contract No. 60T82); and WHEREAS, the intersection of IL RTE 62 (Algonquin Road) at Dempster Street, IL RTE 62 (Algonquin Road) at Busse Road, and Dempster Street at Busse Road lies within the corporate limits of the Village of Mount Prospect; and WHEREAS, the Village of Mount Prospect is desirous of said project as the improvements to the existing signalized intersection will be of immediate benefit to the Village, and permanent in nature; and WHEREAS, the State of Illinois agrees to prepare plans and specifications, receive bids, award the contract, furnish engineering inspection during construction and cause the improvement to be built in accordance with the plans, specifications and contract. The State also agrees to pay all construction and engineering costs subject to reimbursement by the Village of Mount Prospect stipulated in the Agreement, attached as Exhibit "A." NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the President and Board of Trustees of the Village of Mount Prospect are hereby authorized to execute the Intergovernmental Agreement for the State of Illinois, through its Department of Transportation, for improvements to the signalized intersection on IL RTE 62 (Algonquin Road) at Dempster Street, IL RTE 62 (Algonquin Road) at Busse Road, and Dempster Street at Busse Road, attached and made a part of this Resolution as Exhibit "A." SECTION TWO: That this Resolution shall be in full force and effective from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of September, 2012. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H: \CLKO \files \WIN \RES \Intergovt Agrmtalgonquinsignalizationsept20l2 .doc Village of Mount Prospect Community Development Department MEMORANDUM mmmPlospea TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: AUGUST 30, 2012 SUBJECT: PZ -15 -12 / NICHOLAS E. PAPPANICHOLAS. / 701 -705 WHEELING ROAD & 601 E. KENSINGTON ROAD / PLAT OF EASEMENT The petitioner seeks approval of a Plat of Easement granting a cross access and parking easement for the Subject Property. The plat was prepared to meet a condition of approval of the Planned Unit Development located at the Subject Property. The Plat of Easement establishes a cross access agreement that ensures shared parking for the unsecured parking spaces and access to all driveways. Staff reviewed the plat and found that it was prepared according to all Village codes and requirements. Please forward this memorandum and attachments to the Village Board for their review and consideration at their September 4, 2012 meeting. Staff will be present to answer any questions related to this matter. William J. Cooney, Jr., AICP HAPLAWL -ring & Zoning COMMIP&Z 2012U M MeuwMZ45 -I2 701 -705 Wheeling Rd & 601 E Kmdngmn Rd.(Plat aFEn n1)083012.dom PLAT OF EASEMENT GRANT OVER A PORTION OF LOT I IN THE ARNAR -STONE SUBDIVISION O THE NORM 644 FEET OF THE NEST 450 OF THE NORTHWEST MARTEN OF SECTION 35. TOMSHIP 42 NORM. RANGE 11 EAST OF THE THIRD PRINCIPAL NERIDIMN. ACCOROINC TO THE PLAT THEREOF. RECORDED OCTOBER 5. 1973 AS OOCWENT 22503547 IN COOK COUNTY. R.L•4OS. GRAPHIC SCALE ABBREVIATIONS onNla� rnro.m r- -7 . P.I.N. 03- 35- 200-070 -1001 •�• _ Iec . uio m.s_ lac In rmnem I.. > . LEGEND In • Nm�i w• ° a°Na: • yr..u. M .Nom No.e s sour¢ - °°'° °"• ° °"iQ LINE LEGEND °N:R .waxl .c r••.I W s ae� uvwn ua w.. rr° .0 . ei •. rroe 1wn •e GRAPHIC SCALE P.I.N. 03- 35- 200-070 -1001 P.I 0}35 - 200-070 -1002 P.I.N. U .N. -35- 200-0704 003 P.] N. 03 -35- 200 -070 -1004 a 4nEa I[� IICIIIi.r 1¢ R�WDrS aD[ .IN r PLAT OF EASEMENT GRANT OVER A PORTION OF LOT 1 IN THE ARNAR -STONE SUBDIVISION OF THE NORTH 6N FEET OF THE WEST 450 OF THE NORTHWEST QUARTER OF SECTION 35. TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF. RECORDED OCTOBER 5, 1973 AS DOCUMENT 22503547 IN COOK COUNTY, ILLINOIS. OWNER'S CERTIFICATE OWNER LOT 1 (ASSOCIATION) fLA° ) m mxn ° I n.nNxl. as m . n � u ro' .re , r NOTARY'S CERTIFICATE OWNER LOT 1 ( ASSOCATION) m pNq w x' °° n ar rsa �� wwr� ®u ® mwu ° �°. ° 1 � 163r '�'�" • MORTGAGEE'S CERTIFICATE OWNER LOT I (ASSOCIATION) mrn ° a I ro asm ® x K ,msors an¢ ° mrn. NOTARY'S CERTIFICATE OWNER LOT I (ASSOCIATION) a.A v ssxa > rnm w N Wl�m.o ° asmxc w.um5 m ...sNO ` w` ,w.r . rA. n ro. N w N m sam nreom Na sn N rRII w sawrsR, .n .. a ®II sro m.aAms °.p °¢. xt ,x,N w ineN IIr rae /4IP_ a, OWNER'S CERTIFICATE OWNER UNIT 1 la M Ai RRC uPlOa, rzR xa[a!a N Iam ue NN1vIIS Noe IIr raw No IRIO, amNNatu Iae mr e[ S.K NOTARY'S CERTIFICATE OWNER UNIT 1 surz ° 1 mwn ° I a .W.r RurEI. • r i : L�srN n r N sr.rz NRSa.N. a rmo, II .v. a,..r N renm,o � .s•wr laa,r R.w MORTGAGEE'S CERTIFICATE OWNER UNIT I a...as) mNn v a 1 NOTARY'S CERTIFICATE OWNER UNIT I mrnv a ) N.m w IasOII Ievr.erN. w.II rvm.NSr.Nar m.[ m II N sxc rP®e .m NL a.mn ra " n r,u a yr mr:r . M � w�war °� v vo m°A°.a.°roa' "snxlar . N - COMPASS G IE oN O : SURVEYING LTD s� xe TareW.snW asTwsrRMmR.TA rueHr MTl rnarau lairwa. �NKWAV. sTE NICIIN�IAi @ASSOCIATES LN rlll :2 rNm M+IIn iAff AWj IlCUfim P.I.N. 03- 35- 200-070 -1001 P.I.N. 03- 35- 200 - 070 -1002 P.I.N. 03-35-20D-070-1003 P.I.N. 03- 35- 200-070 -1004 OWNER'S CERTIFICATE msNw uHT z nv ) rIIa �so�im Rwca r riKiaso .w MA .u.® vm It. . u+m¢s rn mrs na s.III"'u.ol m1i NOTARY'S CERTIFICATE OwER uNn 2 s.o mxn w a.rz rWO.a m ,aa. mn. m.r .Rwc . ro ra Nr Kni mm u o'ow® rM s u i°N V.rwlr .s or MORTGAGEE'S CERTIFICATE m -T 2 iV °.alm) nmRm v r N Immmors ma ° mxn NOTARY'S CERTIFICATE m'N aNT 2 mxnv a > N.kl w Pq tYUn NCI M ra aH �..O n � =3 rK a C .an n .CI u® of a0 �ORAmt° r x ° VM r aK rN rNruxL IIK aIb AP. N_ . at OWNER'S CERTIFICATE OWNER UNITS 3 k 5 suAV ) ICI n° ) AA L taRailRR mM eL w RaaXm IRnlrs tWUn mlxNn. a N PNa R N 40 NSmaN[D aO[o4 NR ref 9a.Pnm � 9a.a1e NOTARY'S CERTIFICATE OWNER UNITS 3 k 5 sums > )a mrn o .... x n x N a.m NPrzsaa m.aw. man m.a wx r aaKA' s i R�LN'�w m "" _ ,.r R+Rq. pK0. v s.N uNrm urNn mrsRi rN .ICI Aasvuu, sma W II IAN* HsaA) MORTGAGEE'S CERTIFICATE OWNER UNITS 3 N 5 snn ° NRm 1 rnwn v a ) No x rRC.rmmas acme v arl.. uxm M oeoAOlr ..NCI ..00. e ro ° N rur ° rASeRar rmRTm aN.s NOTARY'S CERTIFICATE OWNER UNITS 3 Nk 5 mans II I 1 .u)w rer... x.ncxNm.rnws waw ®. mn, r.r IRaa o Nmrxx4.N.II .n®rNS. oo.� m r m II N srm rarsoo w .II .aa camn.a N n. 1O m w.a n ® u � � . �eAa�m.°am' •saar r PLAT OF EASEMENT GRANT oVFR A PORTION OF LOT 1 IN THE ARNAR -STONE SUBDIVISION OF ME NORTH 611 FEET CP THE WEST 150 OF ME P.I.N. 03 -200. 070-1001 NORTHWEST QUARTER Or SECTION 35. TOWNSHIP 12 NORM, RANGE 11 EAST Or THE MIND PRNOPAL MERIDIAN. P.I.N. 03 - j5v00-070 -100? ACCORDING TO ME PLAT THEREOF, RECORDED OCTOBER 5, 1973 AS DDCUNENT 225035/7 IN COOK COUNTY. LUNOIS P.I.N. 03 - 200 - 1003 P.I.N. 03 -35- 200-070 -1004 OWNETUS CERTIFICATE- OWNER UNIT 1 s..WV is eurc ! NOTARY'S CERTIFICATE OWNER UNIT 1 ruW v i a ..rn i n�i :ro.��u.a s.n ueraa e.l.m a.W. w. ...11. I� sw � uwun ae P++! wuO MORTGAGEE'SCERTIFICATE OWNER UNIT 1 s.R a mum > awn e a l ..W • .c t ®o'z src a mum, NOTA RV:S CERTIFICATF, OWNER UNIT 1 sr.N s a.ws ! . .. elw. rwc ..r m.rc ..a suW o.as.a a emn Twer w! ImMI ne InM a Ime'NIr1, W W M[ rOmna Wmr m r m W: nK Lw( Rlamtf NN K v cvw �� m � u n�f rQ ue�gw u9��v..m!� r6mNrn w e uet r wn w euau srr m AL m_ . ur 5 RESULLITION NO. PASSED AND APPROVED ON RECORDED SI \IULTANEOUSLY WITII THIS PLAT CROSS ACCESS AND PARKING EASEMENT PROVISIONS ou mm ri . m� v m �m�iic� mo A >m a mron r.Ww arm!eN, na Iou P�W�ne ms wa�w...r�v ounn Ia"� ° n..m uo ma.w ma .� um .ue.e r.mor rw rssswrN NR IorosAA rota m EWAa NW m west rniac VILLAGE ENGINEER s.ac v aNm � a VILLAGE COLLECTOR s�.n v aum i a na® ) onrw _s_.m_ VILLAGE BOARD OF TRUSTEFS a.N v rums l a mere v m 1 numm Pw•.a � SURVEYOR'S CERTIFICATION s.n v m.R.I nvrNo ne r man a .n:� er . rota. � ws'm�'.. amei w � s rnlm.' s ®n m o r .w SURVEYOR'S U AUTHORIZA'fIUN T RECORD ream. N T RECOR n1ev. m mmm nw nor,. rwv Tsr v wm Hu.m! AnrNm a U.) R COMPASS O F SURVEYING LTD ..� sowers • TrMrmAAnrc r awnnK7lmnAmw! lA3 W! "n nAAdr4c `_m NICIIRPLAS &ASSIK'IATFS ,:n *IrxNa RESOLUTION NO. A RESOLUTION APPROVING A PLAT OF EASEMENT GRANTING A CROSS ACCESS AND PARKING EASEMENT FOR PROPERTY LOCATED AT 701 -705 WHEELING ROAD AND 601 EAST KENSINGTON ROAD MOUNT PROSPECT, ILLINOIS WHEREAS, Nicholas E. Pappanicholas ( "Petitioner") has requested approval of a Plat of Easement Granting a Cross Access and Parking Easement for the property located at 701 -705 Wheeling Road and 601 East Kensington Road, Mount Prospect, Illinois; and WHEREAS, the Plat of Easement establishes a cross access agreement that ensures shared parking for the unsecured parking spaces and access to all driveways; and. WHEREAS, the Plat of Easement was prepared to meet a condition of approval of the Planned Unit Development located at the Subject Property. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Plat of Easement establishes a cross access agreement that ensures shared parking forthe unsecured parking spaces and access to all driveways for property located at 701 -705 Wheeling Road and 601 East Kensington Road attached as Exhibit "A" is hereby approved for appropriate execution and recording. Such Plat and its legal description are incorporated into and made part of this resolution. SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of September, 2012. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H: \CLKO \WIN\ RESOLUTION\ PlatofEasement701- 705wheelingand601 kensingtonsept2012.doc