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5. New Business 04/16/2013
Village of Mount Prospect Community Development Department MEMORANDUM 1 li TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: MARCH 29, 2013 SUBJECT: PZ -29- 1211703 E. KENSINGTON RD / CONDITIONAL USE (FINAL PUD FOR SENIOR HOUSING) AND VARIATIONS (BDLG. HEIGHT & PARKING LOT SETBACKS) / THE ALDEN FOUNDATION The Petitioner is seeking Final Planned Unit Development approval to develop an independent senior housing facility on the Subject Property. The proposed development will provide ninety two (92) dwelling units, including a unit for an on -site building caretaker. Seventy (70) units will be one - bedroom and twenty two (22) will be two - bedroom units. Additionally, the building will include ancillary uses on the 1st floor of the building, such as a community room, library, and computer room to support the senior housing units. Per the Petitioner's application, a generator will be installed on the outside of the building that will back up the elevators, emergency lighting, communications, fire alarm system and two furnaces that operate the first floor community room in case of power outage. The Planning & Zoning Commission conducted a public hearing to review the requests on Thursday, March 28, 2013, and by a vote of 4 -0, recommended approval of the following: 1) A Conditional Use for a Final Planned Unit Development consisting of senior housing; 2) A Variation to increase the maximum permitted building height from thirty five (35) feet to thirty six and one half (36.5) feet; 3) A Variation to reduce the required parking lot setback from ten (10) feet to six (6) feet along the west property line; and 4) A Variation to reduce the required parking lot setback from ten (10) feet to zero (0) feet along the south property line, subject to the conditions listed in the Staff Report. Details of the proceedings and items discussed during the Planning and Zoning Commission hearing are included in the attached minutes. Please forward this memorandum and attachments to the Village Board for their review and consideration at their April 16, 2013 meeting. Staff will be present to answer any questions related to this matter. - William J. dooney, Jr., ICP % %Vfl\,blhcdS\PLAMPIarmmg&.7oni.g C0MMT&Z 20121MEI McmosT7..29.12 1703 E. Ken9ingtoa Rd(CU -Final PitD & VpPS),dg MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -29 -12 PROPERTY ADDRESS: PETITIONER: PUBLICATION DATE: PIN NUMBER: REQUESTS: MEMBERS PRESENT: MEMBERS ABSENT: STAFF MEMBER PRESENT INTERESTED PARTIES: Hearing Date: March 28, 2015 1703 E. Kensington Road The Alden Foundation March 13, 2013 0 100 -028 -0000 1) Conditional Use for a Final Planned Unit Development consisting of senior housing; 2) Variation to increase the maximum permitted building height from '15 to '16.5 feet; 3) Variation to decrease the required parking lot setback from 10 to 6 feet along the west property line; and 4) Variation to decrease the required parking lot setback from 10 to 0 feet along the south property line. Richard Rogers (Chair) Tom Fitzgerald William Beattie Keith Youngquist Joseph Donnelly Leo Floros Jacqueline Hinaber Sharon Otteman Consuelo Andrade, Senior Planner Beth Denies, Robert Kim Chairman Richard Rogers called the meeting to order at 8:10 p.m. Mr. Beattie made a motion to approve the minutes of the January 24, 2013 meeting; Mr. Youngquist seconded the motion. Commissioner Youngquist and Chairman Rogers approved the minutes and Commissioners Fitzgerald and Beattie abstained from voting. Chairman Rogers asked Ms. Andrade if the tNyo approvals N-, enough; and Ms. Andrade said she didn't believe that it N-, The minutes Nyould be placed on the next Planning and Zoning Commission Meeting agenda for further consideration. Chairman Rogers introduced Case PZ- 29 -12, 1703 E. Kensington Road, The Alden Foundation. Ms. Andrade stated the Petitioner for case number PZ -29 -12 N-, seeking approval of a Conditional Use for a Final Planned Unit Development consisting of senior housing and Variations to 1) increase the building height and 2) reduce the required parking lot setbacks for the property located at 1703 E. Kensington Road. Ms. Andrade stated the Subject Property is located on the south side of Kensington Road, just east of the Wolf and Kensington Road intersection. She stated the Subject Property is currently vacant land and zoned R -4 Multi - Family Residence District. Richard Rogers, Chair PZ -29 -12 Planning & Zoning Commission Meeting March 28th, 2013 Page 1 of 5 Ms. Andrade stated the Petitioner plans to develop an independent senior housing facility. The building Nvill measure three stories at each end and Nvill provide ninety two (92) dwelling units, including a unit for an on -site building caretaker. Seventy (70) units Nvill be one - bedroom and twenty two (22) Nvill be N,-o- bedroom units. Additionally, the building Nvill include ancillary uses on the 1st floor of the building, such as a community room, library, and computer room to support the senior housing units. Ms. Andrade said the Petitioner's site plan indicated the development Nvill be served by N,-o full access drives from Kensington Road. The first access drive currently exists and is located on the Walgreen's lot. The second access drive Nvill be constructed at the east end of the site and Nvill be aligned Nvith Heritage Drive to the north. Ms. Andrade stated that the Petitioner indicated a generator will be installed on the outside of the building that Nvill back up the elevators, emergency lighting, communications, fire alarm system and N,-o furnaces that operate the first floor community room in case of poNver outage. Ms. Andrade explained the proposed development Nvill comply Nvith the R4 Multi - Family Residence District's building setback requirements, Nvith the exception of the building height and parking lot setbacks. The proposed three -story building Nvill measure thirty six and one half (36.5) feet in height, Nvhich Nvill exceed the maximum 35' permitted building height. The proposed parking lot setbacks along the Nvest and south property lines Nvill also not meet the code requirement. Variations to reduce the required parking lot setbacks from ten (10) feet to six (6) feet along the Nvest property line and from ten (10) feet to zero (0) along the south property line are required. Ms. Andrade shoNved a table Nvhich portrayed the parking requirements for the development. Ms. Andrade stated the Petitioner's proposal Nvill require seventy five (75) parking spaces and provides ninety eight (98) parking spaces, Nvhich Nvould exceed the minimum number of parking spaces required by twenty three (23). Ms. Andrade said the elevation plans indicate the building Nvould be primarily constructed out of brick, cement board siding, and stone accents. The design consisted of expansive Nvindows on each floor of the building and on each elevation. The Nvest and east Nvings Nvould include a pitched asphalt shingle roof system, Nvhich Nvill be compatible Nvith the single family residents to the North. Ms. Andrade said the Petitioner also submitted landscape and photometric plans. Ms. Andrade shoNved that the plans do not meet Village Code and the landscape and photometric plans Nvill be required to be revised to comply Nvith all of the Code requirements. Ms. Andrade confirmed the standards for a Variation are listed in Section 14.203 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Variation. Ms. Andrade summarized the findings as: • A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property. • Lack of desire to increase financial gain; and • Protection of the public Nvelfare, other property*, and neighborhood character Ms. Andrade stated the Petitioner is seeking Variations to the building height and parking setback requirements. The proposed three - story* building includes a pitched roof and requires a Variation to increase the building height from thirty* five (35) feet to thirty* six and one half (36.5) feet. Ms. Andrade stated that the Petitioner explained that designing a building Nvith a loNver roof or Nvith a flat roof Nvould have been inferior from an architectural standpoint. The slight increase in the height requirement of one and a half (1.5) feet provides a more attractive building for the community*. Richard Rogers, Chair PZ -29 -12 Planning & Zoning Commission Meeting March 28th, 2013 Page 2 of 5 Ms. Andrade explained that the staff Nvas supportive of the Variation request to increase the building height as the building Nvould not be detrimental to the public Nvelfare or injurious to other property or improvements in the neighborhood. Ms. Andrade repeated that the proposed building has been designed to be compatible Nvith the surrounding properties. Ms. Andrade said the Petitioner also requested Variations to reduce the required parking lot setbacks. The Petitioner stated in the application that the shape of the site is long and narrow. Ms. Andrade explained the proposed development Nvas designed to accommodate the required fire lane and to preserve needed parking. There is a detention pond located at the east end of the project site, which limited the project site to the Nvest end. Ms. Andrade explained the staff Nvas supportive of the parking lot Variation requests as they Nvill not be detrimental to the public Nvelfare or injurious to other property. She also stated the fire lane Nvill have minimal use only during times of emergency and Nvill not be regularly utilized by vehicles thereby lessening the effects of this variation request. Ms. Andrade stated the standards for approving a Planned Unit Development are listed in Section 14.504 of the Village Zoning Ordinance. The section contains specific findings that must be made in order to approve a Planned Unit Development. These standards relate to the folloNving: • The proposed development complies Nvith the regulations of the district or districts in which it is to be located; • The principal use in the proposed planned unit development is consistent Nvith the recommendations of the comprehensive plan of the village for the area containing the subject site; • The proposed planned unit development is in the public interest and is consistent Nvith the purposes of this zoning ordinance. • That the streets have been designed to avoid inconvenient or unsafe access to the planned unit development and for the surrounding neighborhood; and that the development does not create an excessive burden on public parks, recreation areas, schools, and other public facilities which serve or are proposed to serve the planned unit development. Ms. Andrade explained the proposed senior housing PUD Nvas compatible Nvith the underlying R -4 Multi - Family Residence Zoning District and Nvas consistent Nvith the Village's Comprehensive Land Use Map. The Village Comprehensive Plan designated the property as Multi - Family Residential Use. This designation is appropriate for a multi -unit residential development, such as the proposed senior housing development. The senior housing development is compatible Nvith the surrounding area and Nvill provide housing for seniors, which the community has expressed a need for. The need for affordable senior housing Nvas a long established goal of the Village. Per the Petitioner, the proposed senior housing development Nvill consist of rents that Nvill be affordable to seniors at 30 %, 50% and 60% of the Chicago area median income. Ms. Andrade stated that staff found the request for a Conditional Use for a Final Planned Unit Development consisting of senior housing and Variation requests to the building height and parking lot setbacks met the standards for the requests as listed in the Zoning Code and that granting such requests Nvould be in the best interest of the Village. Ms. Andrade stated that based on these findings Staff recommended that Planning & Zoning Commission recommend approval of the folloNving motions: "To adopt staff findings in the staff report as the findings of the Planning and Zoning Commission and recommend approval of A. A Conditional Use for a Final Planned Unit Development consisting of senior housing; B. A Variation to increase the maximum permitted building height from thirtv five (35) feet to thirty six and one half (36.5) feet; Richard Rogers, Chair PZ -29 -12 Planning & Zoning Commission Meeting March 28th, 2013 Page 3 of 5 C. A Variation to reduce the required parking lot setback from ten (10) feet to six (6) feet along the Nvest property line; and D. A Variation to reduce the required parking lot setback from ten (10) feet to zero (0) feet along the south property line, subject to the conditions listed in the Staff Report" Ms. Andrade stated The Village Board's decision is final for this case. Chairman Rogers asked if the plan Nvas the same as the plan they approved approximately ten (10) Nears ago. Ms. Andrade stated the plan Nvas essentially the same as a preliminary site plan that Nvas approved in 2011. There Nvas general discussion regarding the setback variations on the south end of the project. Mr. Beattie asked about the building height calculations and inquired if it Nvas calculated differently because of the pitched roof design. There Nvas general discussion about how the building height Nvas calculated. Chairman Rogers asked if there Nvere any more questions for the Staff, seeing none the Chairman opened up the floor to the Petitioner. Chairman Rogers swore in Beth Denies, Executive Director for The Alden Foundation, 4200 W. Peterson Avenue, Chicago, Illinois. Ms. Denies stated that they have been Nvorking on this project for about N,-o and half (2.5) Nears and received preliminary PUD approval from the Village Board in March 2011; which Nvas extended a Near ago. Ms. Denies Nvent on to sav that they are very close to starting construction. She stated that the Senior Housing Development Nvill consist of ninety two (92) apartments and is restricted to seniors who are 62 and older. Ms. Denies stated that the rent Nvould range from $328.00 to $877.00 and that those amounts Nvere based on different income levels. She clarified that the development Nvas independent housing and supportive services Nvould not be provided Nvithin the building. HoNvever, she also stated that the development would have a property manager who Nvould organize events for the residents. Chairman Rogers asked if the project Nvas government supported. Ms. Denies confirmed that it Nvas. There Nvas general discussion about the financing for the project. Ms. Denies shoNved a rendering of the building elevation and explained that there Nvould be two (2) three (3) story Nvings and a center single story Nving, which Nvill house the common areas. Ms. Denies stated that the building is approximately 96,500 square feet and it is 60% brick masonry and the remaining part is made up of cement siding. She also stated that the building Nvill be a certified Energy Star Building and as an Enterprise Green Communities Building. Ms. Denies explained the various common area amenities the building Nvill offer. She stated the only change that has been made since the preliminary plans Nvere approved Nvas the addition of a backup generator on the property per the request of the Village planners. Ms. Denies talked about the location of the generator and explained how the backup generator Nvould be used. Ms. Denies stated that there Nvill be an emergency evacuation plan that Nvould be set in place for the residents. Ms. Denies stated the Alden Foundation Nvas presently Nvorking toNvards closing on the financing for the project and to do that they needed the permits for the construction. She informed the Commission that they have submitted the plans to the Village for permit approval. She also noted that the plans submitted included the requested changes Ms. Andrade pointed out in her report. Ms. Denies stated that they hope to close and begin construction in mid May. If they stay on schedule they plan to open the building in August 2014. Richard Rogers, Chair PZ -29 -12 Planning & Zoning Commission Meeting March 28th, 2013 Page 4 of 5 Ms. Demes explained that without any advertising there are sixteen (I6) seniors on a waiting list, six (6) of them are either from, or have family in Mount Prospect. Chairman Rogers thanked Ms. Andrade and the Petitioner for the detailed reviews and responses. Commissioner Youngquist asked if there were any assigned parking spaces. Ms. Demes responded there was not. 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 and brought the discussion back to the board. Mr. Beattie made a motion to approve: A. A Conditional Use for the Final Plan approval of a Planned Unit Development consisting of senior housing; B. A Variation to increase the maximum permitted building height from 35 feet to 36.5 feet; C. A Variation to reduce the required parking lot setback from 10 feet to 6 feet along the west property line; and D. A Variation to reduce the required parking lot setback from IO feet to 0 feet along the south property line, subject to the conditions listed in the Staff Report. Mr. Youngquist seconded the motion. UPON ROLL CALL: AYES: Fitzgerald, Beattie, Youngquist, Chairman Rogers NAYS: None Motion was approved 4 -0. The Village Board's decision is final for this case. Mr. Beattie made a motion, seconded by Mr. Youngquist to adjourn at 8:32 p.m. The motion was approved by a voice vote and the meeting was adjourned, Jen Moder, Community De opment Administrative Assistant Richard Rogers, Chair Planning & Zoning Commission Meeting March 28th, 2013 PZ -29 -12 Page 5 of 5 Village of Mount Prospect Community Development Department CASE SUMMARY -- PZ -29 -12 LOCATION: 1703 E. Kensington Road PETITIONER: The Alden Foundation OWNER: Thomas Lichter PARCEL #: 03 -36 -100- 028 -0000 LOT SIZE: 6.6 acres ZONING: R -4 Multi- Family Residence Nfwnt Presperct LAND USE: Vacant REQUESTS: 1) Conditional Use for a Final Planned Unit Development consisting of senior housing; 2) Variation to increase the maximum permitted building height franc 35 to 36.5 feet; 3) Variation to decrease the required parking lot setback from IO to feet along the west property line; and 4) Variation to decrease the required parking lot setback from 10 too feet along the south property line. LOCATION 11'1AP Village of Mount Prospect a10tintrm5 Community Development Department MEMORANDUM TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION RICHARD ROGERS, CHAIRPERSON FROM: CONSUELO ANDRADE, SENIOR PLANNER DATE: MARCH 4, 2013 HEARING DATE: MARCH 28, 2013 SUBJECT: PZ- 29 -12/ CONDITIONAL USE AND VARIATIONS / 1703 E. KENSINGTON RD ! THE ALDEN FOUNDATION BACKGROUND A public hearing has been scheduled for the March 28, 2013 Planning & Zoning Commission meeting to review the application by The Alden Foundation (the "Petitioner ") regarding the property located at 1703 E. Kensington Road (the "Subject Property"). The Petitioner is seeking a Conditional Use for a Final Planned Unit Development for senior housing and Variations to increase the building height and reduce the required parking lot setback along the west and south property lines. The P &Z hearing was properly noticed in the March 13, 2013 edition of the Journal and 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 on the south side of Kensington Road, just east of the Wolf and Kensington Road intersection. The Subject Property is currently vacant land and zoned R-4 Multi- Family Residence District. It is bordered by the B -3 Community Shopping District and R -1 Single Family Residence District to the north, B -3 Community Shopping District to the west, Des Plaines to the south, and unincorporated Cook County to the east_ SUMMARY OF PROPOSAL The Petitioner is seeking Conditional Use approval for a Final Planned Unit Development (PUD) to develop an independent senior housing facility on the Subject Property. The proposed development will provide ninety two (92) dwelling units, including a unit for an on -site building caretaker. Seventy (70) units will be one - bedroom and twenty two (22) will be two- bedroom units. Additionally, the building will include ancillary uses on the I st floor of the building, such as a community room, library, and computer room to support the senior housing units- Per the Petitioner's application, a generator will be installed on the outside of the building that will back up the elevators, emergency lighting, communications, fire alarm system and two furnaces that operate the first floor community room in case of power outage. The Petitioner will be required to provide specifications of the generator at time of building permit submittal. Site Plan — The proposed development will consist of a three -story building on a single lot of record. The building's footprint will measure 36,000 square feet. The development will be served by two full access drives from Kensington Road. The first access drive currently exists and is located on the Walgreen's lot_ The second access drive will be constructed at the east end of the Subject Property and will be aligned with Heritage Drive to PZ -29 -12 Planning & Zoning Commission Meeting March 28, 2013 Page 3 the north. Kensington Road is under the jurisdiction of the Illinois Department of Transportation (IDOT). Work within the Kensington right -of -way will require approval from IDOT. Bulk Requirements - The Petitioner's site plan indicates the proposed development will comply with the R4 Multi - Family Residence District's minimum building setback requirements and overall lot coverage. However, the development will not comply with the maximum building height permitted and the minimum parking lot setback requirements. The R4 District allows a maximum building height of thirty five (35) feet. The proposed three -story building would measure thirty six and one half (36.5) feet in height. The Petitioner is seeking Variation approval to increase the maximum permitted building height from thirty five (35) feet to thirty six and one half (36.5) feet. The Petitioner is seeking Variations to reduce the required parking lot setbacks from ten (10) feet to six (6) feet along the west property line and from ten (10) feet to zero (0) along the south property line. The following table compares the proposed development to the Village Code's requirements: Code Requirements Proposed Building Setbacks: Front Min. 30' 65' Side Min. 10' West = 30' East= 520' Rear Min. 25' 30' Building Height Max. 35' 36.5' Lot Coverage Max. 50% 36% Parking Lot Setbacks: Front Min. 10' 10' Side Min. 10' West= 6' East = 402' Rear Min. 10' South = 0' Building Elevations - The attached building elevation drawings illustrate the three story building will be primarily constructed out of brick, cement board siding, and stone accents. The design consists of expansive windows on each floor of the building and on each elevation. The west and east wings of the building will include a pitched asphalt shingle roof system. Pa__ rki g — Based on Sec. 14.2224 of the Zoning Code, the proposed senior housing development will require seventy five (75) parking spaces. The site plan indicates the proposed development will provide ninety eight (98) parking spaces, including five (5) accessible parking spaces. The parking provided will exceed the number of required parking spaces by twenty three (23) parking spaces. The following table compares the proposed parking spaces to the Village's parking requirements: Senior Housing — Unit Types # of Dwelling Units Parking Requirement Number of Required Parking Spaces ' One Bedroom 70 3 /4 spaces per Dwelling Unit 53 Two Bedroom 22 1 space per Dwelling Unit 22 Total Parking Spaces Required = 75 Parking Provided = 98 Surplus 23 PZ -29 -12 Planning & Zoning Commission Meeting March 28, 20I3 Page 4 Landscaping - The attached landscape plan illustrates the proposed plantings for the development. As shown, the landscape plan does not comply with all Village Code landscape requirements, and will be required to be revised to comply with Village Code, including: • Providing one shade tree in each interior parking lot island; • Providing at a minimum the required 17 evergreen trees; and • Correcting the tree and shrub calculations to accurately match the plantlist. The landscape plan also indicates a gazebo. Per Section 14.306 of the Village Code, gazebos are permitted provided they do not exceed 200 sq.ft. in area, provide a minimum 3:12 roof pitch, and do not exceed ten (10) feet in height. The Petitioner will be required to submit a revised landscape plan and a detail drawing for the gazebo that comply with Village Code requirements at time of the building permit submittal. Lighting - The Petitioner submitted a photometric plan that indicates seven (7) parking lot light poles will be installed as part of the development. The illumination levels for the development meet Village Code requirements. However, the photometric plan notes a 10% tilt and a thirty (30) foot height for the parking light poles. Neither fixture cut sheets for the exterior light fixtures nor a parking lot light pole detail were provided. The Village Code requires exterior light fixtures to be full cutoff, include flat lens, and angled 90 °. The maximum height permitted for light poles is thirty (30) feet including the pole, pole support, fixture, and related equipment. The Petitioner will be required to submit fixture cut - sheets for all exterior- light fixtures and a detail drawing for the parking lot light poles to ensure compliance with the Iight requirements. The Petitioner is not seeking relief from the Village's lighting regulations and will be required to comply with Sections 14.314 and 14.2219 of the Zoning Code. Signa ,ge - The Petitioner's drawings indicate a freestanding sign along Kensington Road. The proposed sign will be subject to compliance with the Village Sign Code's regulations and will require a sign permit. ADDITIONAL STAFF COMMENTS Building Division — A complete building code analysis, including but not limited to egress, height, area, use, and fire rating analysis, will be required for the proposed development. Fire Department — An egress plan, fire sprinkler system, fire alarm system in accordance with NFPA, standpipe system, fire pump, and additional fire hydrants will be required for the proposed development. The driveways accessing the site will be required to have curbs that allow for fire department access from all directions or that can be driven over. Lastly, the fire hydrants as shown will require water flow calculations to be submitted to verify the new proposed water main sizes can meet the required fire flow required. Upsizing of the water mains may be required. Engineering Division The landscape plan indicates the removal of several trees from the Kensington Road right of way, and the planting of several others. The landscape plan will be required to be revised to not show any landscaping to be performed in the public right of way except for sodding any areas disturbed during construction. Instead, a fee $4,200 will be collected for the planting of 14 trees in the parkway. These trees will be selected by the Village, and planted by the Village's contractor. Since the Village has a franchise agreement with Republic Services, Republic Services will be required to be used for the collection and disposal of all construction and demolition material. Therefore, the plans will be required to indicate Republic Services for the collection and disposal of all construction and demolition material. These requirements are included as part of the Staff Report in an effort to ensure the Petitioner is aware of the requirements and submits the necessary documentation at time of building, permit submittal. PZ -29 -12 Planning & Zoning Commission Meeting March 28, 2013 GENERAL ZONING COMPLIANCE Page 5 The petitioner is requesting approval of a Final Planned Unit Development for senior housing within the R-4, Multi- Family Residence District. As such, the standards for Planned Unit Developments will supersede the underlying zoning requirements. Per Section 14.504 of the Village Code, maximum density of a PUD including. senior housing may not exceed forty eight (48) units per acre. The proposed ninety two (92) units on 6.36 acre site will result in a density of fourteen (14) units per acres. The proposed development will meet the R-4 District's bulk requirements, with the exception of the building height and parking lot setbacks. COMPREHENSIVE PLAN DESIGNATION AND ZONING The Village Comprehensive Plan designates the property as Multi - Family Residential Use. This land use designation is appropriate for a multi -unit residential development that is typically three stories or higher and is consistent with the Subject Property's current R -4 Multi - Family Residence Zoning District. The proposed PUD consisting of senior housing is consistent with this designation and is appropriate for the area. VARIATION STANDARDS The standards for a Variation are listed in Section 14.203.C.9 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Variation. The following list is a summary of these findings: • Would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; * Lack of desire to increase financial gain; and • Protection of the public welfare, other property, and neighborhood character. The Petitioner is seeking a Variation to the building height and parking setback requirements. The proposed three - story building includes a pitched roof and requires a Variation to increase the building height from thirty five (35) feet to thirty six and one half (36.5) feet. Per the Petitioner, designing a building with a lower roof or with a flat roof would have been inferior from an architectural standpoint. The slight increase in the height requirement of one and a half (1.5) feet provides a more attractive building for the community. Staff is supportive of the Variation request to increase the building height as the building would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. In addition, the proposed building has been designed to be compatible with the surrounding properties. The Petitioner also seeks a Variation to reduce the required parking lot setback from ten (10) feet to six (6) feet along the west property line and from ten (10) feet to zero (0) feet along the south property line in order to provide the required fire lane. The fire lane will be located along the west property line and wrap around to the south property line. The Petitioner states in the attached application that the shape of the site is long and narrow. The proposed development was designed to accommodate the required fire lane and to preserve needed parking. There is a detention pond located at the east end of the project site, which limited the project site to the west end - The Petitioner further notes that the two yards in question abut the Walgreens driveway to the west and the Northwest Water Commission's driveway to the south. Staff is supportive of the parking lot Variation requests as they will not be detrimental to the public welfare or injurious to other property. The fire lane will have minimal use only during times of emergency and will not be regularly utilized by vehicles thereby lessening the effects of this variation request on adjacent properties. PZ -29 -12 Planning & Zoning Commission Meeting March 28, 2013 PLANNED UNIT DEVELOPMENT STANDARDS Page6 The standards for approving a Planned Unit Development are listed in Section 14.504 of the Village Zoni% Ordinance. The section contains specific findings that must be made in order to approve a Planned Unit Development. These standards relate to: • The proposed development complies with the regulations of the district or districts in which it is to be located; • The principal use in the proposed planned unit development is consistent with the recommendations of the comprehensive plan of the village for the area containing the subject site; • The proposed planned unit development is in the public interest and is consistent with the purposes of this zoning ordinance. • That the streets have been designed to avoid inconvenient or unsafe access to the planned unit development and for the surrounding neighborhood; and that the development does not create an excessive burden on public parks, recreation areas, schools, and other public facilities which serve or are proposed to serve the planned unit development. The proposed senior housing PUD will be compatible with the underlying R -4 Multi - Family Residence Zoning District and will be consistent with the Village's Comprehensive Land Use Map. As mentioned earlier, the Village Comprehensive Plan designates the property as Multi- Family Residential Use. This designation is appropriate. for a multi -unit residential development, such as the proposed senior housing development. The senior housing development will be compatible with the surrounding area and will provide housing for seniion, which the community has expressed a need for. The need for affordable senior housing is a long established goal of the Village. The Village's Consolidated Plan lists Affordable Housing as a top priority. Per the Petitioner, the proposed senior housing development will consist of rents that will be affordable to seniors at 30 %, 50% and 60% of the Chicago area median income. RECOMMENDATION Staff finds that the request for a Conditional Use for a Final Planned Unit Development consisting of senior housing and Variation requests to the building height and parking lot setbacks meet the standards for these requests as listed in the Zoning Code and that grating such requests would be in the best interest of the Village. Based on these findings, Staff recommends that the Planning & Zoning Commission recommend approval of the following motions: "To adopt staff findings in the staff report as the findings of the Planning and Zoning Commission and recommend approval of: A. A Conditional Use for a Final Planned Unit Development consisting of senior housing; B. A Variation to increase the maximum permitted building height from thirty five (35) feet to thirty six and orc half (36.5) feet; C. A Variation to reduce the required parking lot setback from ten (10) feet to six (6) feet along the west property line; and D. A Variation to reduce the required parking lot setback from ten (10) feet to zero (0) feet along the south property line, subject to compliance with the following conditions: I. Development of the site in general conformance with the site plan prepared by Alden Design Group, Inc., dated December 11, 2012; 2. Development of the three -story building in general conformance with the building elevations prepared by Alden Design Group, Inc., dated December 11, 2012; PZ -29 -12 Planning & Zoning Commission Meeting March 28, 2013 page 7 3. Development of the site in general conformance with the landscape plan prepared by IRG Ives/Ryan Group, Inc., dated January 15. 2013, but revised to comply with Code; 4. Development of the site in general conformance with the photometric plan prepared by Intech Consulting, Inc., dated December 11, 2012, but revised to comply with Code; 5. Submittal of fixture cut - sheets for exterior lights that comply with Village Code; 6. Kensington Road is under the jurisdiction of the Illinois Department of Transportation; work within the right -of -way will require approval from this agency; 7. Submittal of final civil engineering drawings for review and approval by the Village. The engineering drawings shall include all site work including utilities, storm water detention, and associated improvements; 8. Development of the site in accordance with all applicable Village Codes and requirements, including, but not limited to, detention requirements, Fire Prevention Code regulations, lighting regulations, Sign Code regulations; and building regulations; and 9. A building permit, in accordance with the current regulations and requirements of the Village of Mount Prospect, must be issued within one (1) year from the date of adoption of the enabling ordinance by the Village Board which authorized the development proposal. The development approvals granted herein, without need for further action by any Village board, commission or official, shall become null and void if no building permit is issued within the one (1) year requirement and improvements completed within a period of eighteen (18) months. The Village Board's decision is final for this case. I concur: William J. 6oney, AICP, Director of Community Development %%Vf1Wh EhedTNLANV1a .g & Znaing CO~P&Z 2II I2L4[aR Rep Wt TZ-29 -12 1703 E. Kensington Rd (CU-Pina1 PLO. VAR- Wdg. Height, Parking W Stbadu) d— D i N p AD \W ALDEN DESIGN GROUP, INC. MT. PROSPECT HORIZON 1703 KENSINGTON RD. MT. PROSPECT, IL - R c H 1 r e c r s 4200 W. Peterson Ave. Ph,ll 77328 &1548 — Ch-go, IL 00040 Fax 77328 6 1502 F o oo i� �m j --- o � 0 x L fli i n� o� a x 0 0 w �y n � ^o o� x 0 0 m� my o� 0 , c. z T T - 14 s 1V T. PROSPECT ]EEO HORIZON D AD ALDEN DESIGN GROUP, INC. p - R c H 1 r e c r s 1703 KENSINGTON RD. MT. PROSPECT, IL W 4200 W Pete on Ave Ph,ll 77328 &1548 Ch-go, IL 00040 Fax 77328 6 1502 F J� 11 1 Hill . . �I �z I NIA — 41 o ®R 7 T1 0=. 0� 0: Il i� n. On= III D == D ! IL v D 0 � LY a � "© T � I a I s 1V T. PROSPECT ]EEO HORIZON D AD ALDEN DESIGN GROUP, INC. p - A R C H 1 T E C T S 1703 KENSINGTON RD. MT. PROSPECT, IL 4200 W. Peterson Ave. Phone: 77328 6 1548 Ch-go, IL 00040 Fax 77328 6 1502 F WOLF RD. ..a 9 ig�vo Fiv��;iN Ptf O 8 R � 40� ff R R ^n2 A C 4 ^ �D � R � § fTl� H 5- 0 a �. _ <�aoAaPa c>✓ � c m n m ; 11- o= ID; m D D W W W 0 r - n W N 4 > O ,, p o�p zO Z "3 n� �m G7 ID (n D N am_ < m� v D I � A = D A c d r 3 m m c � / T 1 n S J m m O) 0) c) r _ 0) I W C ' 86 + Z_ v 0) � (n 71 s D AD ALDEN DESIGN GROUP, INC. m D W p O 1703 KENSINGTON RD. MT. PROSPECT, IL — A R C H 1 T E C T s 4200 W. Peterson Ave. Phone: 77328 &1548 — Ch-go, IL 00040 Fax 77328 6 1502 F m C) m 0) °E 0 n i C D b n � i n n 0 6 K � n c 7 n K c C - 7 r 'o o. � wD rn o oD zzx 0 0 zz� Z Z 1 � � 1v' V II I II I HERITAGE DR, Tu D C) r m o Is Im S a, D 3 N n v I � / I / T 1 n S Q d��2d d s D AD ALDEN DESIGN GROUP, INC. MT. PROSPECT HORIZON p 1703 KENSINGTON RD. MT. PROSPECT, IL — A R C H 1 T E C T s 4200 W. Peterson Ave. Phone: 77328 &1548 — Ch-go, IL 00040 Fax 77328 6 1502 F N o ®R = o U< n a <U° _ <F a u u _ _ ._....__._..._.. - - - - - - - �� o- + - - - - - - - - - m -0 > � o U< > a 0 �.: V a �_. FO NE I W - � r co = ox "J i U O o p O AD \WALDEN DESIGN GROUP, INC. Tm PROSPECT HORIZON 1703 KENSINGTON RD. MT. PROSPECT, IL - R c H 1 r e c r s 4200 W. 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AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A FINAL PLANNED UNIT DEVELOPMENT & VARIATIONS FOR PROPERTY LOCATED AT 1703 EAST KENSINGTON ROAD WHEREAS, The Alden Foundation (), has filed a petition for a Conditional Use for a Final Planned Unit Development (PUD) and Variations for property located at 1703 East ) and legally described as; Lot 1 in Charles Subdivision of part of the Northwest ¼ of Section 36, Township 42 North, Range 11, East of the Third Principal Meridian, according to the Plat thereof recorded March 10, 1999 as document 99230400 in Cook County, Illinois Property Index Number: 03-36-100-028-0000; and WHEREAS, the Petitioner seeks a Conditional Use Permit for a Final Planned Unit Development for seniors consisting of a three-story building with ninety two (92) independent living units; and WHEREAS, the Petitioner seeks Variations to (1) increase the maximum permitted building ; (2) reduce the required parking lot setback fro(3) reduce to zero (0) along the south property line; and WHEREAS, a Public Hearing was held on the request for a Conditional Use permit, designated as PZ-29-12, before the Planning and Zoning Commission of the Village of Mount Prospect on th the 28 day of March, 2013, pursuant to due and proper notice thereof having been published th in the Mount Prospect Journal & Topics on the 13 day of March, 2013; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the President and Board of Trustees in support of the request being the subject of PZ-29-12; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the same meets the standards of the Village and that the granting of the proposed Conditional Use permit would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That the recitals set forth hereinabove are incorporated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect grant a Conditional Use permit for a Final Planned Unit Development for a 92 unit independent living development for seniors at property located at 1703 Kensington Road as shown on the Site Plan, a copy of which is attached and made a part of as Exhibit SECTION THREE: The President and Board of Trustees of the Village of Mount Prospect grant variations to (1) increase the maximum permitted building height from thirty five feet (35) to thirty six and one half feet (36.5; (2) reduce the r and (3) reduce the required parking lot setback from following conditions: Page 2/2 PZ-29-12 1703 Kensington Road 1. Development of the site in general conformance with the site plan prepared by Alden Design Group, Inc., dated December 11, 2012 2. Development of the three-story building in general conformance with the building elevations prepared by Alden Design Group, Inc., dated December 11, 2012; 3. Development of the site in general conformance with the landscape plan prepared by IRG Ives/Ryan Group, Inc., dated January 15, 2013, but revised to comply with Code; 4. Development of the site in general conformance with the photometric plan prepared by Intech Consulting, Inc., dated December 11, 2012, but revised to comply with Code; 5. Submittal of fixture cut-sheets for exterior lights that comply with Village Code; 6. Kensington Road is under the jurisdiction of the Illinois Department of Transportation; work within the right-of-way will require approval from this agency; 7. Submittal of final civil engineering drawings for review and approval by the Village. The engineering drawings shall include all site work including utilities, storm water detention, and associated improvements; 8. Development of the site in accordance with all applicable Village Codes and requirements, including, but not limited to, detention requirements, Fire Prevention Code regulations, lighting regulations, Sign Code regulations; and building regulations; and 9. A building permit, in accordance with the current regulations and requirements of the Village of Mount Prospect, must be issued within one (1) year from the date of adoption of the enabling ordinance by the Village Board which authorized the development proposal. The development approvals granted herein, without need for further action by any Village board, commission or official, shall become null and void if no building permit is issued within the one (1) year requirement and improvements completed within a period of eighteen (18) months. SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of April, 2013. ______________________________________ Irvana K. Wilks Mayor ATTEST: __________________________________ M. Lisa Angell Village Clerk H:\CLKO\files\WIN\ORDINANC\Con Use PUD-alden1703kensingtonmarch152012.doc Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: FINANCE DIRECTOR DATE: APRIL 10, 2013 SUBJECT: RESERVATION OF PRIVATE ACTIVITY BOND VOLUME CAP PURPOSE: To present for Village Board consideration an ordinance that would reserve the Village's 2013 private activity bond volume cap. BACKGROUND: The Internal Revenue Code allows state and local governments to issue tax - exempt debt for the benefit of certain qualified private development projects. These projects include the acquisition or construction of industrial facilities and apartments for low and moderate - income families. The amount of such private activity debt issued in 2013 cannot exceed the equivalent of $95.00 per resident. The Village's private activity bond volume cap is currently $5,168,285 based on a population of 54,403 (the population count used by the Governor's Office for the volume cap allocation). DISCUSSION: According to state statute, any volume cap not reserved or committed by a municipality by April 30 is automatically transferred to the State of Illinois. If a community does not have any specific projects that would qualify for the tax exempt financing, it can cede, or transfer, the volume cap to another community. It has become common for municipalities to transfer their unused volume cap to other municipalities in exchange for a fee if a demand exists. This has not been the case though for several years. When a fee is provided in exchange for the volume cap, the ultimate beneficiary of the tax - exempt financing is responsible for payment. The amount of the fee paid depends upon the economy and the current interest rate environment. The Village has in the past received between 1 -2% for the sale of its volume cap. 2013 Private Activity Bond Volume Cap April 10, 2013 Page 2 of 2 The Village has a total of $5,168,285 of private activity bond volume cap it must reserve by April 30 or it will be transferred to the State of Illinois. The Village can choose to hold onto the volume cap after it is reserved until a project is identified. The cap may also be carried over for up to three years depending on the type of project being considered. There are currently no local projects at this time placing a request on the Village's volume cap. RECOMMENDATION: It is recommended the Village Board adopt the attached ordinance reserving the Village's private activity bond volume cap for 2013. DAVID O. ERB FINANCE DIRECTOR DOE/ I: \Private Activity Bonds\2013 \Reservation Cover Memo - April 2013.docx ORDINANCE NO. AN ORDINANCE RESERVING VOLUME CAP IN CONNECTION WITH PRIVATE ACTIVITY BOND ISSUES, AND RELATED MATTERS. Passed and approved by the President and Board of Trustees the 16th day of April, 2013. Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 17th day of April, 2013. ORDINANCE No. AN ORDINANCE RESERVING VOLUME CAP IN CONNECTION WITH PRIVATE ACTIVITY BOND ISSUES, AND RELATED MATTERS. WHEREAS, the Village of Mount Prospect, Cook County, Illinois (the "Municipality "), is a municipality and a home rile unit of government under Section 6 of Article VII of the 1970 Constitution of the State of Illinois; and WHEREAS, Section 146 of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the Municipality has volume cap equal to $95.00 per resident of the Municipality in each calendar year, which volume cap may be reserved and allocated to certain tax - exempt private activity bonds; and WHEREAS, the Illinois Private Activity Bond Allocation Act, 30 Illinois Compiled ,Statutes 1998, 345/1 et seq., as supplemented and amended (the "Act "), provides that a home rile unit of government may transfer its allocation of volume cap to any other home rile unit of government, the State of Illinois or any agency thereof or any non -home rile unit of government; and WHEREAS, it is now deemed necessary and desirable by the Municipality to reserve all of its volume cap allocation for calendar year 2013 to be applied toward the issuance of private activity bonds (the `Bonds "), as provided in this Ordinance, or to be transferred, as permitted by this Ordinance; NOW, THEREFORE, Be It Ordained by the President and the Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, as follows: &('TZox 1. That, pursuant to Section 146 of the Code and the Act, the entire volume cap of the Municipality for calendar year 2013 is hereby reserved by the Municipality, which shall issue the Bonds using such volume cap, or shall use or transfer such volume cap, without any further action required on the part of the Municipality, and the adoption of this Ordinance shall be deemed to be an allocation of such volume cap to the issuance of the Bonds or such other bonds; provided, that any such transfer shall be evidenced by a written instrument executed by the Mayor or any other proper officer or employee of the Municipality. &('TZox 2. That the Municipality shall maintain a written record of this Ordinance in its records during the term that the Bonds or any other such bonds to which such volume cap is allocated remain outstanding. &( 3. That the President, the Village Clerk and all other proper officers, officials, agents and employees of the Municipality are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents and certificates as may be necessary to further the purposes and intent of this Ordinance. &('Tiox 4. That the provisions of this Ordinance are hereby declared to be separable, and if any section, phrase or provision of this Ordinance shall for any reason be declared to be invalid, such declaration shall not affect the remainder of the sections, phrases and provisions of this Ordinance. &('Tiox 5. That all ordinances, resolutions or orders, or parts thereof, in conflict herewith are, to the extent of such conflict, hereby superseded; and that this Ordinance shall be in full force and effect upon its adoption and approval. AYES: NAPES: ABSENT: PASSED and APPROVED this 16th day of April, 2013. Irvana K. Wilks Village President ATTEST: [SEAL] M. Lisa Angell Village Cleric Mount Prospect Public Works Department INTEROFFICE MEMORANDUM V6A TO: VILLAGE MANAGER MICHAEL E. JANONIS q-16 FROM: DIRECTOR OF PUBLIC WORKS DATE: APRIL 10, 2013 SUBJ: REVISED AMENDMENT TO CHAPTER 16 OF THE VILLAGE CODE At the December 18, 2012 Village Board meeting, staff presented two (2) proposed amendments to the Village Code. Both of these proposed amendments were a consequence of state and federal regulatory mandates. Specifically, they were stipulated by the Illinois Environmental Protection Agency (IEPA) as part of the National Pollutant Discharge Elimination System (NPDES) permit system for combined sewer overflows. One of these amendments modified an existing provision of Chapter 9. It added a requirement that storm sewers and other sources of clear water inflow be separated from combined sewers in the event a separate storm sewer becomes available. The second amendment modified an existing provision of Chapter 16. It required new buildings constructed in combined sewer areas to include separate and distinct connections for domestic sanitary and storm water. Both of the proposed amendments were approved by the Village Board. However, during discussion, it was noted that the Chapter 16 amendment could be construed as inconsistent with an existing provision of the Village Code (Chapter 21). Consequently, the Village Board directed staff to effect text changes necessary to clarify the amendment. Attached for your consideration, is an appropriately modified Chapter 16 amendment. I would greatly appreciate it if you could present this matter for the Village Board's consideration at the April 16, 2013 meeting. ORDINANCE NO. AN ORDINANCE THE MOUNT PROSPECT VILLAGE CODE 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: Subsection (E) of Section 16.501 Article V entitled Sanitary Chapter 16 of the Mount Prospect Village Code shall be deleted in its entirety and a new Subsection (E) to be and read as follows: 16.501: GENERAL: E. In areas served by combined sewers, all new buildings shall include a separate, distinct, connection solely and expressly for the conveyance of sanitary waste. In addition, in areas served by combined sewers, all new buildings shall discharge storm water, ground water, or other clear water on the ground consistent with the requirements of subsection 21.223 (B). However, in the event a hardship waiver of this requirement is granted by the Village Engineer consistent with the provisions of subsection 21.223 (B) (4), the introduction of any and all storm water, ground water, or other clear water sources to a combined sewer shall be made via a separate, distinct, connection solely and expressly for the conveyance of storm water, ground water, or other clear water sources. The purpose of this separate connection for clear water discharges is to facilitate the disconnection of clear water sources from the combined sewer should a separate storm sewer become available. Each building connection location shall be documented on the as-built plans and shall indicate the size and depth of the connection. Any connection not in service shall be properly capped and sealed to prevent any clear water inflow into the sewer system. SECTION TWO: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of April, 2013. _________________ Irvana K. Wilks Mayor ATTEST: ______________________ M. Lisa Angell Village Clerk H:\CLKO\WIN\ORDINANCE2\amend chapter16sanitarysewersystemapril162013.DOC 242351_1 1 Exhibit "A" GRANT OF LICENSE The Village of Mount Prospect hereby grants a license to the DOWNTOWN MOUNT PROSPECT MERCHANTS ASSOCIATION (licensee) for the purpose of operating a Car Show on the parking lots located at the Union Pacific Railroad property located both east and west of Main Street /Elmhurst Road, which property is currently leased by the Village of Mount Prospect from the Union Pacific Railroad Company. This License is subject to the following conditions: 1. The term of the License shall be from May 18, 2013 through September 28, 2013. 2. Each vendor selling food at the Car Show shall utilize a food cart licensed by the Village of Mount Prospect Environmental Health Division and in compliance with all health and sanitation regulations of the Village and the State of Illinois. 3. This License shall be revocable at any time by the corporate authorities of the Village of Mount Prospect if the licensee or any vendor is in violation of state or local laws or this Grant of License. 4. Within ten (10) days of the execution of this Grant of License, the licensee shall submit to the Village Manager a pro forma revenue and expense statement setting forth certification fees and estimated revenues, expenses, management fees, if any, and the proposed disposition of potential net revenues. 5. Prior to November 30, 2013, the licensee shall issue a written report to the Village Manager outlining the financial aspects of running the Car Show, problems encountered in the year 2013 season, along with proposed solutions, proposals for improving the Car Show and the outlook for the future of the Car Show. 6. The licensee shall possess a Certificate of Insurance for public liability insurance in an amount of not less that $1,000,000 per occurrence naming both the Village of Mount Prospect and the Union Pacific Railroad Company as additional insured. 7. The licensee /grantee shall not discriminate against any employee, applicant, volunteer, authorized vendor or event participant because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, citizenship status, age, physical or mental handicap unrelated to ability, military status or an unfavorable discharge from military service. Page 2/2 Car Show License 2013 This Grant of License is personal to the DOWNTOWN MOUNT PROSPECT MERCHANTS ASSOCIATION and may not be transferred to any other person or entity. Dated this 16 day of April, 2013. VILLAGE OF MOUNT PROSPECT By: Michael E. Janonis Village Manager APPROVED /ACCEPTED: for the Downtown Mount Prospect Merchants Association EXHIBIT "B" HOLD HARMLESS WHEREAS, DOWNTOWN MOUNT PROSPECT MERCHANTS ASSOCIATION ( "GRANTEE ") has requested permission of the corporate authorities of the Village of Mount Prospect, ( "GRANTOR ") to operate a Car Show within the parking lots located on the Union Pacific Railroad property, located both east and west of Main Street/Elmhurst Road; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect did adopt Resolution No. _ on April 16, 2013, entitled "A Resolution Authorizing Execution of a License to the Downtown Mount Prospect Merchants Association to Conduct the Annual Car Show in the Village ". NOW, THEREFORE, upon the mutual covenants and agreements hereinafter set forth and other good and valuable consideration, the receipt of sufficiency of which are hereby acknowledged, the GRANTOR has granted a Grant of License to GRANTEE to operate a Car Show within the parking lots located on the Union Pacific Railroad property, located on both the east and west sides of Main Street/Elmhurst Road, which license is conveyed, however, subject to the following terms, covenants and conditions: The GRANTOR may at any future time after the date hereof revoke the License referenced herein and without notice to the GRANTEE and without cost to either the GRANTOR or his /her successors or assigns. 2. Upon such revocation of said License by the GRANTOR, and with written notice of said revocation to the GRANTEE, the GRANTEE shall cease operation of said Car Show. 3. GRANTEE shall at all times, and under all circumstances, indemnify, protect, and save harmless the GRANTOR, its grantees, licensees, agents, lessees and invitees, from and against any and all damages, losses, claims, demands, actions, and causes of action whatsoever (including any reasonable costs, expenses, and attorneys' fees which may be incurred in connection therewith) whether or not the claim, demand or other action asserted by meritorious, and which results from or is alleged to arise as a result of the activity being the subject of this Agreement. 4. GRANTOR shall not be liable to GRANTEE, her grantees, licensees, agents, lessees, or invitees for any damages or injuries (including death) to any person thereof except to the extent that injuries or damages are caused by the negligent, willful, or malicious misconduct of GRANTOR. 5. Any notice herein provided to be given shall be deemed properly given if in writing and delivered personally or mailed to the GRANTOR at: 50 South Emerson Street Mount Prospect, Illinois 60056 or to the GRANTEE at: Page 2/2 Car Show Hold Harmless P. O. Box 632 Mount Prospect, Illinois 60056 or to such other person or address as the parties hereto may from time to time designate upon written notice. 6. This Agreement shall insure to the benefit of and be binding upon the parties hereto and their respective successors in interest. IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be executed by their proper officers, thereunto duly authorized and their respective seals to be affixed this 16 day of April, 2013. DOWNTOWN MOUNT PROSPECT MERCHANTS ASSOCIATION By: By: ATTEST: VILLAGE OF MOUNT PROSPECT, a municipal corporation Michael E. Janonis Village Manager M. Lisa Angell Village Clerk HACLKO\WIMRESOLUTIOMcar show resolution2013.doc RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF A GRANT OF LICENSE WITH THE DOWNTOWN MOUNT PROSPECT MERCHANTS ASSOCIATION TO CONDUCT WEEKLY CAR SHOWS WHEREAS, the Village of Mount Prospect supports the summer "Blues Mobile Cruise Night" car shows held in the commuter parking lots; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have determined that the best interests of the Village would be served by entering into a Grant of License between the Village and the Downtown Mount Prospect Merchants Association in order to conduct the annual Car Shows from May 18, 2013 through September 28, 2013. 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 do hereby authorize the execution of a Grant of License to the Downtown Mount Prospect Merchants Association to conduct the Car Show on Union Pacific Railroad property, which property is leased by the Village and under the control of said Village, a copy of the Grant of License is attached hereto and hereby made a part of as Exhibit "A ". 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 16 day of April, 2013, Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H: \CLKO \WIN \RESOLUTION \car show resolution2013.doc Exhibit "A" GRANT OF LICENSE The Village of Mount Prospect hereby grants a license to the MOUNT PROSPECT LIONS CLUB (licensee) for the purpose of operating a Farmers' Market on the parking lots located at the Union Pacific Railroad property located both east and west of Main Street /Elmhurst Road, which property is currently leased by the Village of Mount Prospect from the Union Pacific Railroad Company. This License is subject to the following conditions: The term of the License shall be from June 9 through October 20, 2013. 2. Each vendor operating at the Farmers' Market shall possess a Certificate of Public Liability Insurance in an amount not less than $100,000 per occurrence and shall execute a Hold Harmless Agreement, a copy of which is attached hereto and hereby made a part of as Exhibit "B ". 3, This License shall be revocable at any time by the corporate authorities of the Village of Mount Prospect if the licensee or any vendor is in violation of state or local laws or this Grant of License. 4. The licensee must issue written rules applicable to all vendors and must certify each vendor as qualified prior to the vendor's participation in the Market. The licensee shall ensure all applicable Village food code regulations (Chapter 12 of the Mount Prospect Village Code) are followed and enforced. The licensee shall cooperate fully with duly authorized Village employees for enforcement of Village codes including but not limited to prequalification, spot inspections, etc. 5, Within ten (10) days of the execution of this Grant of License, the licensee shall submit to the Village Manager a pro forma revenue and expense statement setting forth certification fees and estimated revenues, expenses, management fees, if any, and the proposed disposition of potential net revenues. 6. Prior to November 30, 2013, the licensee shall issue a written report to the Village Manager outlining the financial aspects of running the Market, problems encountered in the year 2013 season, along with proposed solutions, proposals for improving the Market and the outlook for the future of the Market. 7.. The licensee shall possess a Certificate of Insurance for public liability insurance in an amount of not less that $1,000,000 per occurrence naming both the Village of Mount Prospect and the Union Pacific Railroad Company as additional insured. Page 2/2 Farmers Market License 2013 8. The licensee /grantee shall not discriminate against any employee, applicant, volunteer, authorized vendor or event participant because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, citizenship status, age, physical or mental handicap unrelated to ability, military status or an unfavorable discharge from military service. This Grant of License is personal to the MOUNT PROSPECT LIONS CLUB and may not be transferred to any other person or entity. Dated this 16th day of April, 2013. VILLAGE OF MOUNT PROSPECT By: Michael E. Janonis Village Manager APPROVED /ACCEPTED: for the Mount Prospect Lions Club Exhibit "B" HOLD HARMLESS WHEREAS, MOUNT PROSPECT LIONS CLUB ( "GRANTEE ") has requested permission of the corporate authorities of the Village of Mount Prospect, ( "GRANTOR ") to operate a Farmer's Market within the parking lots located on the Union Pacific Railroad property, located both east and west of Main Street /Elmhurst Road; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect did adopt Resolution No. on April 16, 2013, entitled "A Resolution Authorizing Execution of a License to the Mount Prospect Lions Club to Conduct the Annual Farmers' Market in the Village ". NOW, THEREFORE, upon the mutual covenants and agreements hereinafter set forth and other good and valuable consideration, the receipt of sufficiency of which are hereby acknowledged, the GRANTOR has granted a Grant of License to GRANTEE to operate a Farmers Market within the parking lots located on the Union Pacific Railroad property, located on both the east and west sides of Main Street /Elmhurst Road, which license is conveyed, however, subject to the following terms, covenants and conditions: The GRANTOR may at any future time after the date hereof revoke the License referenced herein and without notice to the GRANTEE and without cost to either the GRANTOR or his /her successors or assigns. 2. Upon such revocation of said License by the GRANTOR, and with written notice of said revocation to the GRANTEE, the GRANTEE shall cease operation of said Farmers' Market. 3. GRANTEE shall at all times, and under all circumstances, indemnify, protect, and save harmless the GRANTOR, its grantees, licensees, agents, lessees and invitees, from and against any and all damages, losses, claims, demands, actions, and causes of action whatsoever (including any reasonable costs, expenses, and attorneys' fees which may be incurred in connection therewith) whether or not the claim, demand or other action asserted by meritorious, and which results from or is alleged to arise as a result of the activity being the subject of this Agreement. 4. GRANTOR shall not be liable to GRANTEE, her grantees, licensees, agents, lessees, or invitees for any damages or injuries (including death) to any person thereof except to the extent that injuries or damages are caused by the negligent, willful, or malicious misconduct of GRANTOR. Page 2/2 Farmers' Market Hold Harmless 2013 5, Any notice herein provided to be given shall be deemed properly given if in writing and delivered personally or mailed to the GRANTOR at: 50 South Emerson Street Mount Prospect, Illinois 60056 or to the GRANTEE at: P. O. Box 332 Mount Prospect, Illinois 60056 or to such other person or address as the parties hereto may from time to time designate upon written notice. 6. This Agreement shall insure to the benefit of and be binding upon the parties hereto and their respective successors in interest. IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be executed by their proper officers, thereunto duly authorized and their respective seals to be affixed this 16 day of April, 2013. MOUNT PROSPECT LIONS CLUB By: M ATTEST: VILLAGE OF MOUNT PROSPECT, a municipal corporation Michael E. Janonis Village Manager M. Lisa Angell Village Clerk H:\CLKO\Wl N\ RESOLUTION \FarmersMarket,2013.doc RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF A GRANT OF LICENSE WITH THE MOUNT PROSPECT LIONS CLUB T O CONDUCT A FARMERS' MARKET WHEREAS, the Village of Mount Prospect supports the annual Farmers' Market held in the commuter parking lots; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that the best interests of the Village would be served by entering into a Grant of License between the Village and the Mount Prospect Lions Club in order to conduct the annual Farmers' Market from June 9 through October 20, 2013. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS A HOME RULE MUNICIPALITY: SECTION ONE: That the Mayor and Board of Trustees of the Village of Mount Prospect do hereby authorize the execution of a Grant of License to the Mount Prospect Lions Club to conduct the Farmers' Market on Union Pacific Railroad property, which property is leased by the Village and under the control of said Village, a copy of the Grant of License is attached hereto and hereby made a part of as Exhibit „ 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 16 day of April, 2013. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\Wl N \RESOLUTI ON \Fa rmersMarket,2013. doe Mount Prospect Public Works Department INTEROFFICE MEMORANDUM TO: VILLAGE MANAGER MICHAEL E. JANONIS VILLAGE CLERK LISA ANGELL FROM: VILLAGE ENGINEER DATE: APRIL 9, 2013 SUBJECT: SHELL C -STORE (1200 RIVER ROAD Attached please find the Village Board Approval and Acceptance form for the subject project. The public improvements along Euclid Avenue and River Road have been satisfactorily completed and I recommend approval of this project. Please place this in line for consideration at the April 16, 2013 Village Board Meeting. A e Ibecker c: Public Works Director Sean P. Dorsey H:\ Engineering \Development \Reviews \C - Store \Dev 2011-841 Tee Info \Board Acceptance.dou VILLAGE BOARD ACCEPTANCE OF PUBLIC IMPROVEMENT AND /OR PRIVATE IMPROVEMENT APPROVAL PROJECT: LOCATION: DATE: STAFF APPROVAL Shell C -Store 1200 River Road 1.2013 ENGINEERING DRAWINGS APPROVED: PLAT OF SUBDIVISION RECEIVED: PLAT OF SUBDIVISION RECORDED: AS BUILT PLANS REVIEWED AND APPROVED: PUBLIC WORKS APPROVAL: COMMUNITY DEVELOPMENT APPROVAL: FIRE DEPARTMENT APPROVAL: PUBLIC IMPROVEMENTS FOR ACCEPTANCE BY VILLAGE SIDEWALKS 1,746 S.F. PRIVATE IMPROVEMENTS APPROVED This project involved the public improvements along Euclid Avenue and River Road required for the Shell C -Store Development. Site improvements were previously approved. APPROVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, THIS DAY OF 3 2013. Village Clerk