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5. New Business 08/06/2013
Village of Mount Prospect Community Development Department CASE SUMMARY –PZ-10-13 LOCATION: 100 N. Pine St. PETITIONER: Randy Murphy OWNER: Randy Murphy PARCEL #: 03-34-321-017-0000 LOT SIZE: 0.18acres (8,100square feet) ZONING: RASingle Family Residence LAND USE: Single Family Residential REQUEST: Variation (Rear Yard Setbackfor Patio) LOCATION MAP 100 N. Pine St. Village of Mount Prospect Community Development Department MEMORANDUM TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION JOSEPH DONNELLY, CHAIRPERSON FROM: ANTONIA LALAGOS,PLANNING INTERN DATE: JULY 8, 2013 HEARING DATE: JULY 25, 2013 SUBJECT: PZ-10-13/100 N. PINE ST./VARIATION (REAR YARD SETBACK) BACKGROUND A public hearing hasbeen scheduled for the July 25, 2013Planning & Zoning Commission meeting to review the application by Randy Murphy(the “Petitioner”) regarding the property located at 100 N. Pine St.(the “Subject Property”). The Petitioner is seeking a Variation to encroach twelve feet(12’)intothe requiredrearyard. The P&Z hearing was properly noticed in the July 10, 2013edition 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 has anatypical wedge shape. The Subject Property is boundedby Russel Street to the west, Henry Street to the south, and Pine Street to the east. The property presently contains a single-family residence with related improvements. The house, including front entrance, faces Pine Street. The home’s orientation is consistent with the other homes on Pine Street. Based on how the property was developed, the yardsalong Pine Street, Henry Street, and Russel are considered the front yard, exterior side yard, and rear yard respectively. The interior side yard runsalong the north property line. The Subject Property is zoned RASingle Family Residence and is bordered on all sides by the RA district. SUMMARY OF PROPOSAL The Subject Property currently consists of a concrete patio in the rear of the home. Although not illustrated on the Plat of Survey, the existing concrete patio is covered by a continuous roof that connects the principle structure and the garage. The Petitioner would like to construct a new patio in the rear yard.Per the attached exhibit, thepatio would be located along the west side of the house and would be setback approximately eightfeet(8’) from the rear property line. The Zoning Code permitspatios to encroach into rear yards provided it meets a minimum setback of fifteen feet (15’). As proposed, thenew patiowould encroachsevenfeet (7’)into the requiredfifteen foot (15’)rearyardsetback.Therefore, thePetitioner is seeking a Variation to allow an eight-foot (8’)rear yard patiosetback along the rear property line. Per Villagebuilding permitrecords, the home was constructed in 1956 (permit #5186). At that time, the Zoning Ordinance did not include exterior side yard setback requirements.The building setback requirements included a minimum thirty foot (30’) front yard setback, a minimum fifteen foot (15’) rear yard setback, and a minimum side PZ-10-13 Planning & Zoning Commission Meeting July 25, 2013Page 2 yard setback on each side of the building having a width of not less than ten percent (10%) of the lot width. The Zoning Ordinance was amended in 1979 (Ordinance No. 2960) to include exterior side yard setbacks. GENERAL ZONING COMPLIANCE The SubjectProperty currently does not complywith the Village’s zoning regulations.Theprincipal structure encroaches into therequiredrear yard.The houseis setback approximately six feet(6’)from the west property linewhen the Zoning Code requires a minimum of twenty-fivefeet(25’). Additionally, the existing concrete patio does not comply with the required interior side yard setback.As shown on thePlat of Survey, the existing patio is setback less than one foot (1’)away from the north property line, when the Zoning Coderequires a minimum five foot (5’) setback. These structures and improvements arelegal nonconformities and areallowed to remain;however, the proposed patio in the rearyard is new construction and is required to meet current Village Code requirements. The following table compares the Petitioner’s proposal to the RASingle Family ResidenceDistrict’s bulk requirements.The italicized text denotes items that require zoning relief from the Village Code’s bulk regulations. RASingle Family District ExistingProposed Requirements Setbacks: Front(east)Min. 30’30.11’ (building)No Change Exterior Side (south) Min. 20’ 52’ (building)No Change Interior Side (north)Min. 5’ 5.80’ (building)No Change .15’ (patio)No Change Rear (west)Min. 25’(buiding)6’ (building)No Change Min. 15’ (patio)20’ (patio)8’(patio) Lot Coverage50% Max.31.6%33.7% VARIATION STANDARDS The standardsfor a Variation are listed in Section 14.203.C.9 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Variation. The following list is a summary of these findings: A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; Lack of desire to increase financial gain; and Protection of the public welfare, other property, and neighborhood character. Per the Petitioner, they would like to construct the new patio in order to have patio space that is exposed to sunlight. The Petitioner states that the patio area would be away from the public sidewalk, against the house, and therefore will not be a danger toother people or property. The Petitioner observes that theproperty is a “pie shape”, which is uncommon and that the neighboring properties are mostly rectangular. The Subject Propertyis a corner lot with three street frontages. While this condition does existon other residential properties within Mount Prospect, this type of lot configuration is relatively uniqueto this parcel. PZ-10-13 Planning & Zoning Commission Meeting July 25, 2013Page 2 However, the need for an uncovered patio does not constitute a physical hardship unique to this property to support a Variation. Although the proposed patio would be located along the rear of the home, it would face the front yards of the neighbors across the Russel Street. The proposed eight foot (8’) setback is significantly greater than other encroachments allowed within the codeand would not be consistent with these provisions. The Petitioner has the option to construct a new patio that would meet the required setbacks. A new patio measuring approximately six hundred square feet (600 sq.ft.)would be permitted to be constructed without Variation approval. The patio would be setback thirty feet (30’) from the front property line (east), twenty feet (20’) from the exterior side property line (south) and fifteen feet (15’) from the rear property line (west). However, this scenario places the majority of the patio area south of the home versus to the west. The Petitioner decided to proceed with the Variation requestto allow the patio as shown on his site plan. Village Staff received comments from two residents in the neighborhood. An email received was in support of the Petitioner’s request stating that the big patio would allow the Petitioner to host better parties and activities. The second resident raised concerns with the Petitioner’s request, specifically the visibility of the patio from Pine Street. RECOMMENDATION The Variation requestforan eight-foot (8’) rear yard setback for a patio does not meet the standards for a Variation contained in Section 14.203.C.9 of the Zoning Ordinancefor the reasonspreviously noted.Based on deny staff’sanalysis, Staff recommends that the P&Z the following motion: "Toapprove a Variation to allow an eight-foot (8’) rearyard setbackfor a patioalong the westlot line, as shown in the attached drawings for the residence at 100 N. Pine St.,Case No. PZ-10-13." As the amount of the Variation exceeds 25% of the Zoning Ordinance requirement, the Village Board's decision is final for this case. I concur: William J. Cooney, AICP Director of Community Development /itH:\PLAN\Planning & Zoning COMM\P&Z 2013\Staff Reports\PZ-10-13 100 Pine St (VAR-Rear Yard Setback).docx 0 E IVY LANE rE� r M- PROSPECT ILLINOIS 60056 1 700 624 V r l FLAT SUR -8- -0595 or 014 '. i0.18 26.03 JOHN M. HENRIKSEN = DATE JULY 19, 1990 OF LOT 10 TN BLOCK it TN HILLCREST, BEING A SUBDIVISION OF THE NORTHEAST 1/4 OF THE BRICK SOU'T'HWEST 1/4 (EXCEPT THE NORTH 2 -7/8 ACRES THEREOF) OF SECTION 34, TOWNSHIP 42 NORTH o RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND THE NORTH 23.5 ACRES OF THE r •10 r v SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 (EXCEPT THE WEST 295.1 FEET OF THE SOUTH 295.1 Fti C P , FEET LYING NORTH OF THE SOUTH 543 FEET OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SAID x 0 SECTION 34), IN COOK COUNTY, ILLINOIS. ct. N z - is -,. I STORY a o w 0•. Illinois Registered W U Z z W W p x x D oo- x U F 0 N W O W OO 0 2 t '` � YW V -BUILDING LINES ,IF ANY SHOWN HEREON ARE BUILDING RESIDENCE m a W 0 �.. tiF . a •:. that the plat hereon LINES SHORN ON THE RECORDED SUBDIVISION PLAT, c° ti \1 F. U old ; 129.36 0 ' a o .. . 0: W w m U) - 5 . 80 �.�: : � �pNAEL 21.39 '. i0.18 26.03 rF` = DATE JULY 19, 1990 c '. o ° O STATE OF BRICK o ` 'S' • � <LINO \ � ' Q om/ Ya•suR�Q� GARAGE N r •10 r v o Fti C P , w ct. - is -,. I STORY a 41 0•. Illinois Registered oa.. BRICK • '` � that I have surveyed -BUILDING LINES ,IF ANY SHOWN HEREON ARE BUILDING RESIDENCE tiF . a •:. that the plat hereon LINES SHORN ON THE RECORDED SUBDIVISION PLAT, NO. 100 drawn 1s a correct representation of said survey. .' .. S 1.03 1.0 and hundredths and 0.72 ,CONCRETE are correct at a temperat re of B' Fahrenheit. *PLEASE CHECK LEGAL DESCRIPTION WITH DEED. *COMPARE ALL POINTS BEFORE BUILDING AND REPORT DRIVE � - � o - 26.74 •0[MENSIOHS ARE NOT TO BE ASSUMED FROM SCALING. 3? _ ILLINOIS REGIS ERED LAND SURVEYOR 12668 s i se in 0 ' a o .. . 0: W w m U) �pNAEL ORDER NUMBER 90151 W. HENRY STREET DATE JULY 19, 1990 STATE OF SCALE I INCH = 15 FEET ` 'S' • � <LINO \ � ' Q om/ Ya•suR�Q� STATE OF ILLINOIS , ORDERED BY TUTTLE, VEDRAL AND COLLINS, P.C. COUNTY OF COOK I,JOHN MICHAEL HENRIKSEN,an Illinois Registered Land Surveyor, do hereby certify that I have surveyed -BUILDING LINES ,IF ANY SHOWN HEREON ARE BUILDING the above described property and that the plat hereon LINES SHORN ON THE RECORDED SUBDIVISION PLAT, drawn 1s a correct representation of said survey. CONSULT LOCAL AUTHORITIES FOR BUILDING LINES DimensIons are shown 1n feet and hundredths and ESTABLISHED BY LOCAL ORDINANCES. are correct at a temperat re of B' Fahrenheit. *PLEASE CHECK LEGAL DESCRIPTION WITH DEED. *COMPARE ALL POINTS BEFORE BUILDING AND REPORT ANY DISCREPANCY IMMEDIATELY, •0[MENSIOHS ARE NOT TO BE ASSUMED FROM SCALING. - _ ILLINOIS REGIS ERED LAND SURVEYOR 12668 ORDINANCE NO. AN ORDINANCE GRANTING A VARIATION (REAR YARD SETBACK) FOR PROPERTY LOCATED AT 100 NORTH PINE STREET MOUNT PROSPECT, ILLINOIS WHEREAS, Randy Murphy (Petitioner), has filed a petition for a Variation to allow an eight- rear yard setback for a patio for property located at 100 North Pine Street (Property) and legally described as: Lot 10 in Block 11 in Hillcrest, being a Subdivision of the Northeast ¼ of the Southwest ¼ (except the North 2-7-7-8 Acres thereof) of Section 34, Township 42 North Range 11, East of The Third Principal Meridian, and the North 23.5 Acres of the Southeast ¼ of the Southwest ¼ (except the West 295.1 feet of the South 295.1 feet lying North of the South 543 feet of the East ½ of the Southwest ¼ of said Section 34) in Cook County, Illinois; Third Principal Meridian, in Cook County, Illinois. Property Index Number 03-34-321-017-0000; and WHEREAS, the Petitioner seeks a Variation to decrease the required rear yard setback from fifteen feet (1eight feet (8) to allow for a patio along the west rear property line as shown on ; and WHEREAS, a Public Hearing was held on the request for a Variation being the subject of PZ-10-13 th before the Planning and Zoning Commission of the Village of Mount Prospect on the25 day of July, 2013, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics th on the 10 day of July, 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-07-13; 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 request meets the standards of the Village and that the granting of the Variation to reduce the side yard setback from fifteen feet (1eight feet (8patio along the west rear yard property line would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth hereinabove are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect do hereby grant approval of a Variation to reduce the rear yard setback from fifteen feet (1eight feet (8 to allow t line for the property located at 100 North Pine Street subject to the following conditions: 1) 2) Page 2/2 PZ-10-13 100 Pine Street SECTION THREE: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED AND APPROVED this day of August, 2013 ______________________________________ Arlene A. Juracek Mayor ATTEST: __________________________________ M. Lisa Angell Village Clerk H:\CLKO\WIN\ORDINANCE2\VAR-PZ-10-13100northpine.doc FLAT of 5 U RV E Y 0 JOHN M. HENRIKSEN - OF LOT 10 IN BLOCK 11 IN HILLCREST, BEING A SUBDIVISION OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 (F.Y.CF,P`1'`fHE NORTH 2 -7/B ACRES THEREOF) OF SECTION 34, TOWNSHIP 92 NORTH RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND THE NORTH 23.5 ACRES OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 (EXCEPT THE WEST 295.1 FEET OF THE SOUTH 295 -1 FEET LYING NORTH OF THE SOUTH 543 FEET OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 34), IN COOK COUNTY, ILLINOIS. 0 P.I.N. 03 -34- 321 - 017 -0000 W V x Z W D ~ _ W 4 W = O O K X X. LL yZll� m D 0 O Z y O UW00 to V N W W W O W W= O m O V p z o w xw a z Ow 1 v V U d O u w J 1 /Q �F1 N I r ` �Fti O c °s 1P4Y S I �[`ti+ ,n Z a 2 )01511 19, 1990 I = 15 FEET VEDRAL AND COLLINS. P.C. W. HENRY STREET INY,SHOWN HEREON ARE BUILDING" +fir a- RECORDED SUBDIVISION PLAT. )RITIES FOR BUILDING LINES IL ORDINANCES. - STATE OF ILLINOIS COUNTY OF COOK I,,IOHN MICHAEL HENRIKSEN,an Illinois Regi Land Surveyor, do hereby certify that I have s the above described property and that the plat drawn is a correct representation of said sury Dimensions are shown in feet and hundredt aro --art at a tamnaratnra of AR' f• ranha t Village of Mount Prospect Community Development Department In Ad Eli :y. Wineluv M(x int. Prospect 1 1� TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JULY 26, 2013 SUBJECT: PZ -12 -13 / 208 N. OWEN ST. / VARIATION (INTERIOR SIDE YARD SETBACK) The Petitioner would like to construct an addition that would connect the existing home to the detached garage. The proposed one -story addition would consist of indoor access ramp and a sunroom. Once the principal structure is connected to the garage, the garage is no longer considered an accessory structure; it is part of the principal structure. The existing detached garage does not meet the principal structure setback. The accessory structure is set back two (2) feet six and one -half (6.5) inches, when the Village Code requires a minimum of five (5) feet. Therefore, the Petitioner is seeking a Variation for it to remain in its existing location. The Planning & Zoning Commission conducted a public hearing to review the request on Thursday, July 25, 2013, and by a vote of 6 -0, recommended approval of the Variation request to decrease the required side yard setback from five (5) feet to two (2) feet six and one -half (6.5) inches for the residence located at 208 N. Owen Street, subject to the condition of approval 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 August 6, 2013 meeting. Staff will be present to answer any questions related to this matter. William J. Cooney, Jr., t ICP Jane A. Fojtik S91HiUcrestCourt Hoffman Estates, IL 60169 July 30,2Ul3 Mr. Bill Cooney Director of Community Development 5O South Emerson Street Mount Prospect, |L 60056 Re: PZ-12-13 / 208 N. Owen St. / Variation (Side Setback) Dear Mr. Cooney: My husband and I are planning to attend the August 6, 2013 Village Board meeting. I am requesting that the Village Board waive the second reading and take final action at the August 6 m meeting. Sincerely, Jane A. Foj1ik MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -12 -13 PROPERTY ADDRESS: PETITIONER: PUBLICATION DATE: PIN NUMBER: REQUEST(S): MEMBERS PRESENT: MEMBERS ABSENT: STAFF MEMBERS PRESENT: Hearing Date: July 25, 2013 208 N. Owen Street Jane Fojtik July 10` 2013 03 -34- 422 - 016 -0000 Variation to Interior Side Yard Setback Joseph Donnelly, Chair Tom Fitzgerald William Beattie Jacqueline Hinaber Leo Floros Sharon Otteman Keith Youngquist Brian Simmons, Deputy Director of Community Development INTERESTED PARTIES: Jane Fojtik Chairman Donnelly called the meeting to order at 7:30 p.m. Commissioner Beattie made a motion, seconded by Commissioner Hinaber to approve the minutes of the June 27, 2013 Planning and Zoning Commission Meeting; the minutes were approved 6 -0. After hearing two (2) previous cases, Chairman Donnelly introduced the Case PZ- 12 -13, 208 N. Owen Street and explained this case is Village Board final. Mr. Simmons explained the Petitioner is proposing an addition to the home in order to increase the livable space for the property. Mr. Simmons further explains the side yard setback is required for an existing garage which is on the property. Mr. Simmons stated the Petitioner is proposing to construct a one -story frame addition to the back portion of the single family structure which would attach to the detached garage, making it into one structure. As a result of attaching to the existing detached garage the zoning setback for a primary structure comes into "play" which is a five (5) foot required setback along the south property line. Mr. Simmons explained the existing garage setback of two - and -half (2.5) feet is considered a non- conforming setback; however, by attaching it to the primary structure the entire structure needs to conform to the underlying zoning requirements and provide a five (5) foot setback. Mr. Simmons stated the Petitioner is requesting the proposed addition to attach the garage because it provides a handicapped accessible route into the house; as one of the Petitioner's is in a wheelchair. This will provide access into the primary structure without having to go up steps. Mr. Simmons showed illustrated plans of the proposed elevations for the Subject Property. He stated that the proposed addition would not be visible from the street, but will be from the other property lines. Mr. Simmons shared the following table which compares the Petitioner's proposal to the RA Single Family Residence District's bulk requirements. Mr. Simmons explained connecting the detached garage to the primary structure will require a variation for the side yard setback for the structure along the south property line of two- and -half (2.5) feet. All other requirements for lot coverage and setbacks are code compliant. Mr. Simmons further explained the Variation Standards needed in order to support variations. Mr. Simmons stated the following Standards: • A hardship due to the physical surroundings, shaper or topographical conditions of a specific property not generally applicable to other propertied in the same zoning district and not created by any person presently having an interest in the property; • Lack of desire to increase financial gain; and • Protection of the public welfare, other property, and neighborhood character. Mr. Simmons stated that Staff has reviewed previous requests for building additions or Variations to address handicap accessibility. Per legal counsel, the Village can consider Variations based off an ADA compliancy provided the Petitioner provides justification as to why the Variation is necessary and accessibility cannot reasonably be provided under the current code provisions. Mr. Simmons stated, in this case, Staff believes that other conditions could be met with the proposed project that would still provide handicap accessibility from the garage to the house that would not require attaching it to the primary structure and thereby eliminating the need for a Variation. Therefore, the Variation request is created solely by the Petitioner's proposed use and expansion plan. Mr. Simmons explained that Staff recommends the Planning and Zoning Commission deny the motion to approve the Variation to permit a two (2) feet six and one -half (6.5) inch interior side yard setback. Mr. Simmons stated this case is Village Board final. Chairman Donnelly asked if the garage where to get damaged and need to be replaced, would the homeowners need to rebuild it five (5) feet off the property line. RA Single Family District Mi nimum Requirements Existing Proposed SETBACKS: Fron _ 30' �...... 31.3' No Change Interior Side _.(N) ................ .............._._����.._..�..�_ ._. 5' 9.87' No Change Interio Side m(S)mmmmm Rear Accessory Structure .. 5' 25 5' 13.09' 47.54' ___..________ 2.55' 2. _______ .. m NoChange N / A* LOT COVERAGE _ 50% Maximum 35% 38 %0 Mr. Simmons explained connecting the detached garage to the primary structure will require a variation for the side yard setback for the structure along the south property line of two- and -half (2.5) feet. All other requirements for lot coverage and setbacks are code compliant. Mr. Simmons further explained the Variation Standards needed in order to support variations. Mr. Simmons stated the following Standards: • A hardship due to the physical surroundings, shaper or topographical conditions of a specific property not generally applicable to other propertied in the same zoning district and not created by any person presently having an interest in the property; • Lack of desire to increase financial gain; and • Protection of the public welfare, other property, and neighborhood character. Mr. Simmons stated that Staff has reviewed previous requests for building additions or Variations to address handicap accessibility. Per legal counsel, the Village can consider Variations based off an ADA compliancy provided the Petitioner provides justification as to why the Variation is necessary and accessibility cannot reasonably be provided under the current code provisions. Mr. Simmons stated, in this case, Staff believes that other conditions could be met with the proposed project that would still provide handicap accessibility from the garage to the house that would not require attaching it to the primary structure and thereby eliminating the need for a Variation. Therefore, the Variation request is created solely by the Petitioner's proposed use and expansion plan. Mr. Simmons explained that Staff recommends the Planning and Zoning Commission deny the motion to approve the Variation to permit a two (2) feet six and one -half (6.5) inch interior side yard setback. Mr. Simmons stated this case is Village Board final. Chairman Donnelly asked if the garage where to get damaged and need to be replaced, would the homeowners need to rebuild it five (5) feet off the property line. Mr. Simmons replied stating since the structure is currently non - conforming the garage would have to be rebuilt five (5) feet from the property line if it were to get damaged or destroyed. Commissioner Fitzgerald asked what would be the smallest change to the plan that would not require the Variance. Mr. Simmons stated according to the Building Codes there would need to be a three (3) foot separation between structures to prevent fire spreading from one structure to the next. If the structures had this separation between them it would be permitted and the existing non - conforming garage could remain in its present location. Commissioner Beattie asked the Staff what alternatives they would suggest to the Petitioner which didn't involve the addition but would still provide handicap access to the house. Mr. Simmons stated that an accessible route from the two structures could be constructed that didn't require steps or the need to connect the two structures. Chairman Donnelly asked the board if there were any more questions for the Staff; seeing none, he called the Petitioner to the stand. Chairman Donnelly swore in the Petitioner, Jane Fotjik 591 Hillcrest Court Hoffman Estates. Mrs. Fojtik explained that she purchased the house at 208 N. Owen Street because it is a one story home which is a necessary characteristic because her husband has Parkinson's disease. Mrs. Fojtik explained how difficult it is to get her husband to and from the house to the garage, and that the addition would provide shelter from the elements and create a safer and more accessible route for both her and her husband. Chairman Donnelly asked the Petitioner if she understood that she could knock down the existing garage and rebuild it two (2) feet over and wouldn't need to request the variance. Mrs. Fojtik said she was aware of that option but the price of the project would increase significantly and she hoped the proposed alternative would work since the garage already exists. Commissioner Beattie clarified that the ramp would still be located inside the home if the two (2) structures didn't attach. He also stated that there would only be a three to four (3 -4) foot uncovered section if they decided to use the Staff's recommendation of not connecting the structures. Mrs. Fojtik stated she understood that option as well, but she is still concerned about having to maneuver outside during the winter months. Chairman Donnelly asked Staff if the variance is granted could the board limit it to the existing structure. Mr. Simmons stated that if the variation is supported Staff would recommend placing a condition that would limit the variance to the existing encroachment. The board informed the Petitioner about the conditions that could be set forth if the variance was granted. Chairman Donnelly asked the board if there were any further questions for the Petitioner; seeing none he asked if any other individuals would like to discuss the matter to please step forward. Chairman Donnelly swore in Celeste Magers, 206 N. Owen Street Mount Prospect, Illinois 60056, Mrs. Magers explained she had no issue with the proposed plans to build the addition; however, she stated she was concerned if the variation wasn't limited to this certain project; she further explained that if it was limited to this project she had no objections. Commissioner Donnelly asked if there were any further comments before he closed the public section of the hearing. Hearing none he brought the discussion back to the board and requested a motion to approve a variation to permit two (2) feet six and one -half inch interior side yard setback only to the existing detached garage's length of twenty-two (22) feet for the residence located at 208 North Owen Street. Commissioner Hinaber made a motion which was seconded by Commissioner Beattie to approve a variation to the interior side yard setback at 208 N. Owen Street. UPON ROLL CALL: AYES: Fitzgerald, Beattie, Hinaber, Floros, Otteman, Donnelly NAYS: None The motion was approved 6 -0. This case is Village Board final. After hearing three (3) additional cases, Commissioner Beattie made a motion seconded by Commissioner Otteman to adjourn the meeting at 9:40 p.m. The motion was approved by a voice vote and the meeting was adjourned. J nn Moder, Community Development A n inistrative Assistant Village of Mount Prospect MMIMP P Community Development Department \tv CASE SUMMARY — PZ -12 -13 LOCATION: 208 N. ON -ven Street PETITIONER: Jane Fojtilc OWNER: Same as Petitioner PARCEL #: 03 -34- 422 - 016 -0000 LOT SIZE: 0.2 acres (8,749 square feet) ZONING: RA — Single Family Residential LAND USE: Single Family Residential REQUEST: Variation to Side Yard Setback LOCATION MAP Village of Mount Prospect MM'Mn P Community Development Department IN MEMORANDUM TO: FROM: DATE: HEARING DATE: SUBJECT: BACKGROUND MOUNT PROSPECT PLANNING & ZONING COMMISSION JOSEPH DONNELLY, CHAIRPERSON NELLIE BECKNER, LONG RANGE PLANNER JULY 11, 2013 JULY 25, 2013 PZ -12 -13 / 208 N. OWEN ST/ VARIATION TO SIDE YARD SETBACK A public hearing has been scheduled for the July 25, 2013 Planning & Zoning Commission meeting to review the application by Jane Fojtlk (the "Petitioner ") regarding the property located at 208 N. Owen Street (the "Subject Property "). The Petitioner is seeking a Variation to encroach approximately two (2) feet five (5) inches into the required interior side yard. The P &Z hearing was properly noticed in the July 10, 2013 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 on the Nvest side of N. Owen Street, south of Isabella Street, north of Thayer Street. The property currently contains a single - family residence with related improvements. The Subject Property is zoned RA Single Family Residential and is bordered by the RA district on all sides. SUMMARY OF PROPOSAL The attached exhibits illustrate the existing conditions of the Subject Property, which include the Petitioner's proposal to construct an addition that would connect the existing home to the detached garage. The proposed one - story, eleven (11) foot by thirty four (34) foot addition consists of indoor ramp access from the home to the garage and a sunroom. Once the principal structure is connected to the garage, the garage is no longer considered an accessory structure; it is part of the principal structure. The existing detached garage does not meet the principal structure setback; therefore, the Petitioner is seeking a Variation for it to remain in its existing location. GENERAL ZONING COMPLIANCE The Subject Property does not comply with the Village's zoning regulations. The existing accessory structure (detached garage) does not meet the required accessory structure setback provided in the ordinance for lots over fifty -five (55) feet in width. The accessory structure is set back two (2) feet six and one -half (6.5) inches, when the Village Code requires a minimum of five (5) feet. In the RA zoning district, the interior side yard setback for principal structures is also five (5) feet. The following table compares the Petitioner's proposal to the RA Single Family Residence District's bulk requirements. The italicized text denotes the item that requires zoning relief from the Village Code. PZ -12 -13 Planning & Zoning Commission Meeting July 25, 2013 Page 3 * Note: The addition connects the principal structure to the accessory structure (garage). Once the two structures are connected, the garage becomes part of the principal structure and is no longer considered accessory. 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: A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; • Lack of desire to increase financial gain; and • Protection of the public welfare, other property, and neighborhood character. The Petitioner states in the attached application that there are medical reasons for the need to live in a "no step" home, and the proposed addition will allow weather resistant wheelchair access to the garage. The setback of the existing garage will not change, but it is the "reclassification of the garage from an accessory building" that is triggering the need for the Variation. The Petitioner states that the garage was built by a previous owner. Staff has processed other Variations for additions to address handicap accessibility. Per legal counsel, the Village must make reasonable accommodations in light of an applicant's disability when granting zoning Variations. HoNvever, the Petitioner must demonstrate how not granting the Variation request will reduce or prohibit the Petitioner's use of the home. There are possible modifications that could be made to the home, other than the proposed plan, that provides access without stairs. A plan that maintains separation between the principal structure and the detached garage could eliminate the need for a Variation; there is also an option of removing the detached garage and constructing the addition to meet the side yard setback requirement. Therefore, the Variation request is created solely by the Petitioner's proposed use and expansion plan. RECOMMENDATION The Variation request for a 2.55 foot side yard setback does not meet the standards for a Variation contained in Section 14.203.C.9 of the Zoning Ordinance. Based on this analysis, Staff recommends that the P &Z deny the following motion: "To approve: 1. A Variation request to decrease the required side yard setback from five (5) feet to two (2) feet six and one -half (6.5) inches for the residence located at 208 N. ONven Street, Case No. PZ- 12 -13." RA Single Family District Minimum Requirements Existing Proposed SETBACKS: Front 30 31.3' No Change Interior Side (N ) 5' 9.87' No Change Interior Side (S ) 5' 13.09' 2.55' Rear 25' 47.54' No Change Accessory Structure 5' 2.55' N /A* LOT COVERAGE 50% Maximum 35% 38% * Note: The addition connects the principal structure to the accessory structure (garage). Once the two structures are connected, the garage becomes part of the principal structure and is no longer considered accessory. 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: A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; • Lack of desire to increase financial gain; and • Protection of the public welfare, other property, and neighborhood character. The Petitioner states in the attached application that there are medical reasons for the need to live in a "no step" home, and the proposed addition will allow weather resistant wheelchair access to the garage. The setback of the existing garage will not change, but it is the "reclassification of the garage from an accessory building" that is triggering the need for the Variation. The Petitioner states that the garage was built by a previous owner. Staff has processed other Variations for additions to address handicap accessibility. Per legal counsel, the Village must make reasonable accommodations in light of an applicant's disability when granting zoning Variations. HoNvever, the Petitioner must demonstrate how not granting the Variation request will reduce or prohibit the Petitioner's use of the home. There are possible modifications that could be made to the home, other than the proposed plan, that provides access without stairs. A plan that maintains separation between the principal structure and the detached garage could eliminate the need for a Variation; there is also an option of removing the detached garage and constructing the addition to meet the side yard setback requirement. Therefore, the Variation request is created solely by the Petitioner's proposed use and expansion plan. RECOMMENDATION The Variation request for a 2.55 foot side yard setback does not meet the standards for a Variation contained in Section 14.203.C.9 of the Zoning Ordinance. Based on this analysis, Staff recommends that the P &Z deny the following motion: "To approve: 1. A Variation request to decrease the required side yard setback from five (5) feet to two (2) feet six and one -half (6.5) inches for the residence located at 208 N. ONven Street, Case No. PZ- 12 -13." PZ -12 -13 Planning & Zoning Commission Meeting July 25, 2013 Page 4 Should the Planning and Zoning Commission support the Variation request, Staff recommends the folloNving condition of approval: 1. The Variation to permit a two (2) feet six and one -half (6.5) inch interior side yard setback shall apply only to the existing detached garage's length of twenty -two (22) feet three and one -third (33) inches. Any future additions, or reconstruction of the existing garage, shall comply Nvith the setback requirements of the underlying zoning district. The Village Board's decision is final for this case. I concur: William J. Cooney, AICP Director of Community Development Ffl ,vhlhcO PL AN'S'lanning & Zoning CO1\IDfS' &Z 2013 Staff Reports'S'Z -12 -13 208 N Oitien St (FAR- Setbacks) docx 0 VILLAGE OF MOUNT PROSPECT Pro COMMUNITY DEVELOPMENT DEPARTMENT - Planning Division 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847.818.5329 Zoning Request Application a {g z 0 N Summary of Requested Action(s): z a h, Q 4- IV vt Ce, ! 0 r I B w C X . S I a r-a e v He�na�Z, w "� �P ;y -P -`o side v z 3e k o� 1 e so ul -4 Si o� -I e e rop et4l fir Px`s f� re�iG�Pdt CaP. Mount rrospect liepartment of community Development 50 South Emerson Street, Mount Prospect Illinois www.mountprospect.org 1 Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 Name Te hone ( ay) et_ h-e- P , k Sa - gK ! C ep' z Corporation Tele hone (evening) F 1 SaZ `! ! CCew) U Street Address Fax p a o / 1 �i��C'fe5�" Four — r 4 City HoFFina. -fit State Zip Code 6 a f Email JS k A T 15 Interest in Property Q W h t^ Mount rrospect liepartment of community Development 50 South Emerson Street, Mount Prospect Illinois www.mountprospect.org 1 Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 • • A w w� ow z 0 U d Proposed Land Use (as listed in the zoning code's land use table) Re3ide i /id! Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Standards for the Zoning Request Approval (attach additional sheets if necessary) Z—On,�,q -)�o Q 11 ©w c�X,`S-fi Q YcC t'PYn�+ se4 a ©h Jae au-f -� rp Qr Y` P h i7 ec4� vi -� o -f` ka C' +' + i°P P C Hours of Operation Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 2 TDD 847.392.6064 Pro perty owner same as applicant 04 Name Telephone (day) O Total Building Sq. Ft. Sq. Ft. Devoted to Proposed -A E, Corporation Telephone (evening) Setbacks: F p Street Address Fax O� a City State Zip Code Email A w w� ow z 0 U d Proposed Land Use (as listed in the zoning code's land use table) Re3ide i /id! Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Standards for the Zoning Request Approval (attach additional sheets if necessary) Z—On,�,q -)�o Q 11 ©w c�X,`S-fi Q YcC t'PYn�+ se4 a ©h Jae au-f -� rp Qr Y` P h i7 ec4� vi -� o -f` ka C' +' + i°P P C Hours of Operation Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 2 TDD 847.392.6064 Address(es) (Street Number, Street) 0 08 IV, Oweh s-h -ee4 Lot Are q.Ft) 3 Zoning District Total Building Sq. Ft. Sq. Ft. Devoted to Proposed -A 15x 41 Use 14 Setbacks: F Front 3 -�� Rear. 7, s _. Side. -.. - Side - - Building Height 16 Lot Coverage ( %) Standard Parki Spaces Accessib a Parking Spaces /1, /V / ;q N �A w Adjacent Land Uses: North South kes de ge East P, estLQPhc West )Ze s ,'ef'og Ce Property Index Number(s): j o _a -- 2 attach additional sheets if necessary) Legal Description (attach additional sheets if necessary) 1 .C7T '6 c V_ 8 N Btu S A d 'V i SiO C)T /- ctP- / Ia A !v " O� ! 4 NO V4 ��02 0 -fie Sou4�Pas4 zs `ta k i, m2 QC Cor�.1z 40 -fir(¢ a-4 - AX erc&o7� re' f mr � 0 - F44 e � f' i Coo 4 - Ce> n- A w w� ow z 0 U d Proposed Land Use (as listed in the zoning code's land use table) Re3ide i /id! Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Standards for the Zoning Request Approval (attach additional sheets if necessary) Z—On,�,q -)�o Q 11 ©w c�X,`S-fi Q YcC t'PYn�+ se4 a ©h Jae au-f -� rp Qr Y` P h i7 ec4� vi -� o -f` ka C' +' + i°P P C Hours of Operation Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 2 TDD 847.392.6064 • • Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois www.mountprospect.org Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 Address(es) (Street Number, Street) w ao A. 0 O Lot Area (Sq.ft) Zonin District K- Total Building Sq. Ft, Sq. Ft. Devotgd to Proposed use / v1 Setbacks: �O a Front 30-P. Rear Y1 Side 9.5 -F. Side 9.S7 -F4, p " Building Height Lot Coverage ( %) Standard Par ing Spaces Accessible Parking Spaces 16-p. � -- al. &/o NN I Developer Name t Telephone (day) Address I J Fax Email Attorney Name Telephone (day) Address Fax Email O Surveyor Name Land- & t v'U 0 Ik ge r U iCP =k Telephone (day) f,?y 9ql 77 66 J H Address eL x Fax 7 47 Email � c Engineer Name Telephone (day) Address A a Fax x� U Email Architect Name "5;s .4 rck �zCh e [� G' Telephone (day) 7 S 7_ / G Address 105'5 C - F ,eii 1-id T e e o Fax a 7y /o &" v e, -:r-4 (? d 9 rvca " Email , _2C'P85iS GL) - CA [¢_)_ 9;w ail, comet Landscape Architect Name Telephone (day) Address A r A Fax Email Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois www.mountprospect.org Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 9 0 Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Community Development Department's Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and completeness at the time of submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agent's permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirm that all information provided herein and in all materials submitted in association with this application are true and accurate to the best of my knowledge. Applicant Date 6 0? S a2 013 (signa Print Narne ... F K e, If applicant is not property owner: I hereby designate the applicant to act as my agent for the purpose of seeking the zoning request(s) described in this application and the associated supporting material. Property Owne Date (signature) Print Name Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 4 TDD 847.392.6064 J ) Vj O PREPARED BY: Codilis & Associates, P.C. Tammy A. Geiss, Esq. 15WO30 N. Frontage Rd. Burr Ridge, IL 60527 MAIL TAX BILL TO: llanee F - D� ab `' N � W MAIL RECORDED DEED TO: Maurice Birt 3710 Commericial Ave Suite #3 Northbrook, IL 60062 SPECIAL WARRANTY DEED Y 4 9 10 Doc;il: 1 301 81 8073 Fes: $40.00 Karen A. Yarbrough RHSP Fee:$10.00 Cook County Recorder of Deeds Date: 01118!201311:42 AM Pg: 1 of 2 fist VEUAGE d UNIT PROSPECT ; ESTk rRAlJ.SFER TRX 1 !. X s�' COOK . ILLINORS: TOTAL: 03 -015 - M012o1212r116o1 E l j THE GRANTOR, Federal National Mortgage Association, of PO Box 650043 Dallas, TX 75265 -, a corporation organized and existing under the laws of United States of America, for and in consideration of Ten Dollars ($I0.00) and other good and valuable considerations, in hand paid, GRANTS, CONVEYS AND SELLS to THE GRANTEE(S) lane Fcjtik, of 591 Hillcrest Court Hoffman Estates, IL 60169 -, all interest in the following described real estate situated in the County of Cook, State of Illinois, to wit: LOT 6 IN BLOCK 8 IN BLUETTS SUBDIVISION OF PART OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERD7IAN, ACCORDING TO THE PLAT THEREOF REGISTERED IN THE OFFICE OF THE REGISTRAR OF COOK COUNTY, ILLINOIS, AS DOCUMENT 1464233 IN COOK COUNTY, ILLINOIS. PERMANENT INDEX NUMBER: 03 -34 -422 -016 -0000 PROPERTY ADDRESS: 208 N_ Owen Street, Mount Prospect, IL 60056 GRANTOR, for itself and its successors and assigns, hereby covenants and represents that it Ims not done, or suffered to be done, anything whereby the premises hereby conveyed is, or may be, in any manner encumbered or charged, except as recited herein, and that it will warrant and defend the premises against all persons lawfully claiming by, through or under grantor, subject to: general real estate taxes not yet due or payable, any special assessments not yet due or payable; building, building line and use or occupancy restrictions, conditions and covenants of record; zoning laws and ordinances, easements for public utilities; drainage ditches, feeders and drain tile, pipe or other conduit and all other matters-of record affecting the property. 1W14/I<012 $8.50 $171.00 $256.50 ,781 TTOSASY— Attorneys' I',i)4 2.,....i 1 :r, I S. Wadc cr Dr., S - 111- 2 { C {[ h i ca g o r7 ,11, 6 -4 � iL���.sear4_]I 1_ /�ti��t1f it 1l .ill I Special Warranty Deed: Page i of 2 / j - 0 Special Warranty Deed - Continued Dated this DECA 5 2012 By: STATE OF Illinois ) SS. COUNTY OF Dupage ) A " I, the unders' A MI S Public in and for said County, in the State aforesaid, do hereby certify that ��ii�0 I Attomey in Fact for Federal National Mortgage Association, personally known to me to be the same person(s) whose name(s) is/are subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he/she/they signed, sealed and delivered the said instrument, as his/her /their free and voluntary act, for the uses arld purposes therein set forth. Given under my hand and notarial seal, this DEC 0 5 201 Z Notary Public, My commission okpires: .J Exempt under the p visions of _ Section 4, of the Real Late Transfer Act Agent. ATG FORM 4079 ® ATG (REV. ) Date Prepared by ATG Resource' {. OF ,S�i T NICHOLS LLNOTAR� P!} ,g�lC_ l4;l ilSS] Iq A7E 0,� ILLI �0l5 ` kl> fR�g;p?Ji8115 Special Warranty peed: Page 2 of 2 FOR USE K ALL STATES , e wa I W MILIVIERS I AM . 2012 First Installmo Property Tax Bi $ 3 9078.70 m#m «_ ■ ,mm ¥_e ce Tax Year (Payable InY Tow p By ■�1/13 (■ time) 03 -34- 422 - 018 -0000 285 38020 2012 (2013) WHEELING (� d/ \� \/ f\ \ / \ ru { � 2 %�] 3j r o:g Wj ƒ \ ƒ% m , , \ \ƒ "0 e � ƒ W CH n COAS E A g § \/ /} \�/ ° 2/7 ƒ % #± 2§\ @:1 ¢ J�n�9� k ƒ $ ID /�� oag C9 CHA/ CoA County Treasurer coeutrmgercom 312.4 .5100 R¥q ENOURa S8NOWEN S UT m2R7IL 60056-25 • Affidavit of Ownership COUNTY OF COOK ) STATE OF ILLINOIS ) I, r j Q h e- F0 A' � _ . , under oath, state that I am 1� the sole ) an ) owner of the property an authorized officer of the } commonly described as ? //' OwC t 1 ou , I f (Pco j , :�--Z and that such property is owned by J Qh e -P as of this date. Signature Subscribed and sworn to before me this day of oz,'-'c ,20 . OFFICIAL SEAL N€IL 8 MKO WARY AMX - STATE OF ILLUM . My COWSSt0N E*M.061MG Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 11 TDD 847.392.6064 si o JE � L HLE 101 �> 0 m Z8 0 cn Ell Z LEL m o 0 p EM D I a EM a � 0 H M m� D G 6^ £ 9� y2: yam �7 � $ m . HI; v� $i�' H HO a g 8 a as Ma °_asss gas iA 33 Og In 2 ® osl �� 06� �� 's - 06 G's. V �gg �� s g q m F K D fi Am E L � g& Mij. ggg �Li� FG qp O'r \ F m ® D 40 T� ©P a; 9 = O _ Eg F 8 �9 p g M�� , " RsB 4 = axe RI O a_ gg °� sa Jul moo 0 N III = 'T T ® m 3 -4' 0 ° ® / = — — � �o 0 . —v., ye 6!p m HI PAN ON s ' 99�6 lip X > ° � � 8 ; � �� A m c m v = m o =$ v, m m lip Rl HE cn x S £ $ £ r I n � s p .z y e I aq �m 'q m a BZ §9�� ° v+ O ° 's � k §k § zc2mm F= La o�¥ kmAN §ca A 00 m$ § §� o H �z c� >4 %�k§2 o § §§ f z 2 j ] § G) 5 § z �© ze 0m k� 2; 2 mz e§ m m n §§■ F @ mo \m zC k§ q k/ §■ I z §§ X 2§ m0 3 a� ¥; )\ �! I); (() �nK § §g 7 n (m - FT -- dm o m STREET • ! ! 1 ` � ■ ■§ ! ■ || | . | | I gg.11 1 GI z | § { , ■ CA || | ! siouillj '1:)@dSOJd 'IN mcco-11 N .- l -11 -01-11 LOLL M(L10) XOJ OOZZ .. ,., 4d C) LL. >- m la;DJIS UDMO 'N 80Z Z9DOQ t �M -44-Pd I-As A *19 Lu LU 0 > :Ssa-jppv al!s 13 ul 103 pun outimms Pual pp qD .—Cil -wo 1 NOISIADd V) a. (n U) SUO!S!Aa 6ulmej(3 ZT :a4eG I oz = „T :;-I-S 'ACE) :Ag p.p.q:) dc[ :Au ...,cl ZT :pa4aldwo0 >poM play E E 8 E X J gq E E o rp 2 1 '39a .00,LS .-d qz 1< 0 Ei 0 C) 1R. >m tEx C) w W Z 0 �, 3 z w 0 , o Le 60 ft \ ��, I ft I Z �\ O � 1 0 Z () OE OL -W < 00 I � z w 0 LL. ,Z O 0 0 C z 0:! ki 5z w I C) 0 tn \��\ 9 6'9 966 In =, f) 0 L l w w :r o 6) ! 1 �Zo L, , , z 0 �- (D � C14 �D 'n C) W on >: z I x . co N� 0 z 0 00 0 0 VA to * 4� v v Aimin .!Iq-d G R f, yea .00'L5 M.LO.LL.GON & yy E - E S . 4 @ L E U < oox ORDINANCE NO. AN ORDINANCE GRANTING A VARIATION (INTERIOR SIDE YARD SETBACK) FOR PROPERTY LOCATED AT 208 NORTH OWEN STREET MOUNT PROSPECT, ILLINOIS WHEREAS, Jane Fojtik (Petitioner), has filed a petition for a Variation to reduce the side yard two (2) feet - six and one-half inches ( for property located at 208 North Owen Street (Property) and legally described as: Lot 6 in block 8 in 34, Township 42 North, Range 11, East of the Third Principal Meridian, according to the Plat thereof Registered in the Office of the Registrar of Cook County, Illinois as Document 1464233 in Cook County, Illinois. Property Index Number 03-34-422-016-0000; and WHEREAS, the Petitioner seeks a Variation to decrease the required side yard setback from five (2) feet - six and one-half inches (to allow for the existing accessory structure (garage) site plan exhibit attached as ; and WHEREAS, a Public Hearing was held on the request for a Variation being the subject of PZ-12-13 th before the Planning and Zoning Commission of the Village of Mount Prospect on the25 day of July, 2013, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics th on the 10 day of July, 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-12-13; 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 request meets the standards of the Village and that the granting of the Variation to reduce the side yard setback two (2) feet six and one-half inches ( to allow for the garage located in the interior side yard would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth hereinabove are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect do hereby grant approval of a Variation to reduce the side yard setback from (2) feet - six and one-half inches (to allow for the garage located in the interior side yard setback to the existing detached garage-three and one-third inches (3.3) for the property located at 208 North Owen Street. Any future additions or reconstruction of the existing garage shall comply with the setback requirements of the underlying zoning district. SECTION THREE: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. Page 2/2 PZ-12-13 208 N. Owen 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 August, 2013 ______________________________________ Arlene A. Juracek Mayor ATTEST: __________________________________ M. Lisa Angell Village Clerk H:\CLKO\WIN\ORDINANCE2\VAR-PZ-12-13208northowenstreetaug2013.doc �m i v mcoo SOL�m fJrm� C Z rn 0 ��om g� D°�0 0 O n m - n m 5° 9 0 ` 1;Hi cq �TO =g,z ° O� i Z � -- -- 0< mZ O° ° °z I �.oz._ -f - -- T 0 0 i 4 Z i v ` 4 m0 f m o � i 8 0 M m z z� - n ° m 5 I . Y N I x 3 i C N Z mZ ! X0 mO MT zca m I. 13.08' l m:d --1 i � - - 1II II <° m1X I II w9 D 9-� yy Z 2 t Z n 4 n m I I pm 0 I OWEN STREET F g I Village of Mount Prospect Community Development Department MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JULY 26, 2013 SUBJECT: PZ -13 -13 / THE COLONY APTS. / VARIATION (STRUCTURE WITHIN EASEMENT) The Petitioner would like to replace an existing freestanding sign located along Oakton Street. The existing freestanding sign encroaches into a twenty (20) foot wide Metropolitan Water Reclamation District of Greater Chicago (MWRD) easement. Per the Petitioner's site plan, the new sign would also be located within the easement. The Zoning Ordinance prohibits structures from being placed on any dedicated easement. Therefore, the Petitioner is seeking a Variation to place the new freestanding sign within the dedicated easement. The Planning & Zoning Commission conducted a public hearing to review the request on Thursday, July 25, 2013, and by a vote of 6 -0, recommended approval of a Variation request to allow the placement of accessory structure (freestanding sign) within a dedicated twenty foot (20') wide Metropolitan Sanitary District of Greater Chicago easement located along Oakton Street for the property located at 2318 -2398 Cannon Drive, 2328 -2396 Colony Drive, 2244 -2286 Delaware Drive, 301 -507 Enterprise Drive, 561 -567 Franklin Drive, and 2215 -2391 Lexington Drive, subject to the conditions of approval 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 August 6, 2013 meeting. Staff will be present to answer any questions related to this matter. �� William J, Cooney, Jr.„ pCP \\Vfl\vh l hcd$\PL.AWhnnin9&Z..1iu9 COMW &Z 2013WE1 M— s\PZ -13 -13475 Entcgirisc DE.. (VAR - Slmaul —kl in Ew—.,pd -. July 29, 2013 Mr. Bill Cooney Director of Community Development Village of Mount Prospect 50 South Emerson Street Mount Prospect, IL 60056 RE: PZ-13-13- /'The Colony Apts. / Variation (Structure Within Easement) On behalf of our client, Home Properties / The Colony Apartments, we would like to request that the second reading regarding the above referenced variation request be waived by the Village Board, and final action be taken at the August6 Village Board meeting. a freestanding sign to be placed in the easement at The Colony Apartments, and will happily comply. 1020 W. Fullerton Avenue, Suite B Addison, IL 60101 P: 630.543.7088 F: 630.543.7188 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -13 -13 Hearing Date: July 25, 2013 PROPERTY ADDRESS: 2318 -2398 Cannon Drive, 2328 -2396 Colony Drive, 2244- 2286 Delaware Drive, 301 -507 Enterprise Drive, 561 -567 Franklin Drive, 2215 -2391 Lexington Drive PETITIONER: Chicagoland Signs, Corp. PUBLICATION DATE: July 10, 2013 PIN NUMBER: 08 -23- 402 - 004 -0000, 08 -23- 402 - 005 -0000, 08 -23- 402 - 006 -0000, 08 -23- 402 - 013 -0000 REQUEST(S): Variation to place sign within dedicated easement MEMBERS PRESENT: Joseph Donnelly, Chair Tom Fitzgerald William Beattie Jacqueline Hinaber Leo Floros Sharon Otteman MEMBERS ABSENT: Keith Youngquist STAFF MEMBERS PRESENT: Brian Simmons, Deputy Director of Community Development INTERESTED PARTIES: Chicagoland Signs, Corp. Chairman Donnelly called the meeting to order at 7:30 p.m. Commissioner Beattie made a motion, seconded by Commissioner Hinaber to approve the minutes of the June 27, 2013 Planning and Zoning Commission Meeting; the minutes were approved 6 -0. After hearing four (4) previous cases Chairman Donnelly introduced Case PZ- 13 -13, 475 Enterprise Drive and explained this case is Village Board final. Mr. Simmons stated the Petitioner is proposing a new ground sign for the Colony Apartment complex which is located northwest of the intersection of Elmhurst and Oakton. Mr. Simmons explained that the new freestanding sign would be located along the Oakton Street frontage on the south side of the property. He also stated that a twenty foot (20') Metropolitan Water Reclamation District easement exists along the Petitioner's property. Mr. Simmons stated that the existing ground sign is already located within the easement and they are requesting to replace it with a new monument sign. He also explained the code prohibits any accessory structure including signs within an easement; therefore, a Variation is needed in order to replace the sign in its existing location. Joseph Donnelly, Chair PZ -13 -13 Planning and Zoning Commission Meeting July 25, 2013 Mr. Simmons stated the proposed sign will be setback five feet (5') from the property line which complies with the code. The proposal is for a new modern sign at this location which would look like natural stone but will be made of lighter building materials to insure there isn't any damage to the existing utilities that go through this location. Mr. Simmons explained the sign would have two footings that would limit the amount of concrete foundation on the site. Mr. Simmons showed the table below which explains the Village's sign requirements. ... Sign Sign Code Regulations Proposed Area__......_ ........... ....�...........�......__._.�_. Max. 40 sq.ft. 17.58 sq.ft. Height Max. 10' 5.33' .............. �..�. Items of Information Setback Max. 10 Min. 5 9 5 Mr. Simmons summarized the Variation Standards listed in Section 14.203.C.9 of the Village Zoning Ordinance. He stated the following findings: A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; Lack of desire to increase financial gain; and Protection of the public welfare, other property, and neighborhood character. Mr. Simmons stated that based off the approval from MWRD and the Public Works Department, Staff is supportive of the Variation request to place the sigh within the easement subject to the conditions of the Staff s report. Mr. Simmons stated the case was Village Board Final. Chairman Donnelly asked if the board had any further questions for Staff. Hearing none he called the Petitioner to the stand. Chairman Donnelly swore in Pamela Lohman, Chicagoland Signs, 1020 W. Fullerton Avenue, Addison, Illinois. He also swore in Dan Dusenbery, Colony Apartments, 475 Enterprise Drive, Mount Prospect, Illinois. Chairman Donnelly asked Ms. Lohman and Mr. Dusenbery to explain the details of the project. Ms. Lohman stated Home Properties, the owner of the Colony Apartments, are rebranding all of their properties to have enhanced updated signage, in hopes of bringing higher quality residents to the property. Ms. Lohman explained the original plan consisted of replacing the sign with a masonry sign. Since there were concerns with the weight of masonry, the new plan is to use a lighter weight material that won't interfere with the existing utilities, and the sign will also be removable if an issue occurs within the easement. Ms. Lohman also stated the MWRD had approved proposal for the sign to be replaced within the easement. Joseph Donnelly, Chair PZ -13 -13 Planning and Zoning Commission Meeting July 25, 2013 There was general discussion regarding the modernization of the new sign and how it will hopefully attract new tenants. Commissioner Beattie asked the Petitioner if they understood the conditions that Staff had placed on the Variance in order for it to be approved. The Petitioners stated that they understood the conditions and agree with said conditions. Mr. Dusenbery stated that the signs would be lit up at night. Ground -up lights will be installed as well as the sign. Chairman Donnelly asked Staff is they approved of the ground -up lights. Mr. Simmons explained that the lights have to be directed at the sign and not "spill" out around the sign area, but ground lighting would be permitted. The Petitioners stated the lights are currently being used for the existing sign. Chairman Donnelly asked the board if they had any more questions for the Petitioners. Hearing none he opened the public portion of the meeting. Since there were no further comments he closed the hearing and brought it back to the board. Chairman Donnelly requested a motion: "To Approve" A Variation request to allow the placement of a structure (freestanding sign) within a dedicated twenty (20) foot Metropolitan Sanitary District of Greater Chicago easement located along Oakton Street for the property located at 2318 -2398 Cannon Drive, 2328 -2396 Colony Drive, 2244 -2286 Delaware Drive, 301 -507 Enterprise Drive, 561 -567 Franklin Drive, and 2215 -2391 Lexington Drive, subject to the following conditions: a) If any utility work of any kind or nature, whether necessary or discretionary, is done within the easement, the Village or any other utility benefitted by the easement, shall have the absolute right, to move, modify or raze the signs at the sole expense of the property owner. By the placement of a sign in the easement, the property owner agrees to this condition and shall hold the Village, its agents and employees and any other utility company harmless and indemnified against any claim of damage to the signs or the owner's interest in the signs. Any restoration of the signs after such work in the easement shall likewise, be the sole obligation and expense of the property owner. b) The sign (including the foundation, lighting, and excavation required for installation) does not conflict with, damage, or increase the likelihood of a break in the existing water main or other public utilities. c) Installation of a foam design freestanding sign or similar materials as reviewed and approved by the Village. A stone design with the large concrete foundation will not be acceptable within 5' of any public utility. d) Installation of a visible and obvious shutoff outside of the public ROW and easement that would allow the Village to cut power to the sign lights in the event that excavation is necessary near the lights. Joseph Donnelly, Chair PZ -13 -13 Planning and Zoning Commission Meeting July 25, 2013 e) Installation of conduits for the electrical feed for the lights that are straight and perpendicular to the ROW to facilitate their location following installation." Commissioner Beattie made a motion, seconded by Commissioner Fitzgerald to approve the Variation request to place a freestanding sign within the easement at 475 Enterprise Drive. UPON ROLL CALL: AYES: Fitzgerald, Beattie, Hinaber, Floros, Otteman, Donnelly NAYS: NONE The motion was approved 6 -0. This case is Village Board Final. After hearing one (1) additional case, Commissioner Beattie made a motion seconded by Commissioner Otteman to adjourn the meeting at 9:40 p.m. The motion was approved by a voice vote and the meeting was adjourned. td1inistrative Moder, Cap MUnity Development Assistant Joseph Donnelly, Chair PZ -13 -13 Planning and Zoning Commission Meeting July 25, 2013 Village of Mount Prospect`''''' Community Development Department CASE SUMMARY — PZ -13 -13 LOCATION: 2318 -2398 Cannon Drive, 2328 -2396 Colon* Drive, 2244 -2286 Delaware Drive, 301- 507 Enterprise Drive, 561 -567 Franklin Drive, 2215 -2391 Lexington Drive PETITIONER: Chicagoland Signs, Corp. OWNER: Home Properties PARCEL 4s: 08 -23- 402 - 004 -0000, 08 -23- 402 - 005 -0000, 08 -23- 402 - 006 -0000, 08 -23- 402 -013 -0000 LOT SIZE: 23.67 acres (1,031,065 square feet) ZONING: R4 Multi - Familv Residence PUD LAND USE: Multi - Familv Residential REQUEST: Variation to place sign Nvithin dedicated easement LOCATION MAP Village of Mount Prospect`'' "''' Community Development Department MEMORANDUM TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION JOSEPH DONNELLY, CHAIRPERSON FROM: CONSUELO ANDRADE, SENIOR PLANNER DATE: JULY 12, 2013 HEARING DATE: JULY 25, 2013 SUBJECT: PZ -13 -13 / THE COLONY APTS. / VARIATION (SIGN WITHIN EASEMENT) BACKGROUND A public hearing has been scheduled for the JuIv 25, 2013 Planning & Zoning Commission meeting to review the application by Chicagoland Sign Corp. (the "Petitioner ") regarding the property knovm as The Colon* Apartments (the "Subject Property "). The Petitioner is seeking a Variation to place a structure (freestanding sign) Nvithin a dedicated easement along the south property line. The P &Z hearing Nvas properIv noticed in the JuIv 10, 2013 edition of the Journal & Topics Newspaper. In addition staff has completed the required written notice to property owners within 250 -feet and posted a Public Hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located at the Nvest side of Elmhurst Road, north of Oakton Street. The Subject Property is a multi - family residential apartment complex knovm as The Colon*. The Subject Property is zoned R4 Multi - Family Residence PUD and is bordered by the I1 Limited Industrial District and 133 Community Shopping District to the north, the I1 Limited Industrial District and unincorporated Cook County to the Nvest, Des Plaines to the east, and unincorporated Cook County and Des Plaines to the south. The Subject Property currently includes twenty five (25) apartment buildings, a multi -use building, 1,112 parking stalls, and recreational areas. Each apartment building measures three (3) stories tall. The multi -use building measures two (2) stories tall and consists of the leasing office and a community center, including a fitness center, computer room, and gathering space. The outdoor recreational amenities include a swimming pool, tennis courts, sand volleyball courts, a playground, and a basketball court. SUMMARY OF PROPOSAL The Petitioner Nvould like to replace four (4) of their existing freestanding signs. Two of the four signs Nvould be located internallv, north and south of the leasing office /clubhouse building, and two Nvould be located on the perimeter of the property along the Elmhurst and Oakton right -of -N ays. The Subject Property currently is transversed Nvith various easements including a twenty (20) foot Metropolitan Water Reclamation District of Greater Chicago (MWRD) easement along Oakton Street. The existing freestanding sign encroaches into this easement. The Petitioner plans to replace the existing sign Nvith a new freestanding sign in the same location. Therefore, the new sign along Oakton Nvould also be located Nvithin the twenty (20) foot Metropolitan Water Reclamation District of Greater Chicago (MWRD) easement. The Zoning Ordinance prohibits structures from being placed on any dedicated easement. Therefore, the Petitioner is seeking a Variation to place the freestanding sign Nvithin the dedicated easement. PZ -13 -13 Planning & Zoning Commission meeting July 25, 2013 GENERAL ZONING COMPLIANCE Page 3 The proposed freestanding sign along Oakton Nvould identify "The Colon* Apartments" and Nvould identIA- the property management company. The sign Nvould be constructed out of a foam product knoN -,n as expanded polystyrene (EPS) sculpted to resemble real stone, and Nvould be externally lighted via two ground mounted spot lights. A brealcdoN -,n of the proposed freestanding sign is provided below: 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 folloNving list is a summary of these findings: • A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property, • Lack of desire to increase financial gain; and • Protection of the public Nvelfare, other property, and neighborhood character. The Petitioner states in the attached application that placing the freestanding sign outside of the easement Nvould inhibit the marketability of the Subject Property as the sign Nvould not be easily visible from the road. The Petitioner points out that the existing sign is currently Nvithin the dedicated easement. Since the existing sign is in disrepair and outdated, the Petitioner seeks to replace it Nvith the new sign in the same location. The new sign Nvould be an updated design and add to the character of the neighborhood. The Petitioner submitted a letter from the Metropolitan Water Reclamation District of Greater Chicago giving permission to replace the existing freestanding sign Nvith the new sign Nvithin the easement. Staff reviewed the Petitioner's request and is supportive. The new sign Nvould be replacing a sign that is outdated and in disrepair. The new freestanding sign Nvithin the easement Nvould not be detrimental to other properties and Nvould not alter the neighborhood character. In addition, the MWRD found the placement of the sign Nvithin the easement acceptable. The Public Works Department reviewed the Petitioner's proposal to install a foam design sign acceptable instead of the original sign design, which Nvould have consisted of real stone and a large concrete foundation. The original sign design would have been required to be setback a minimum five (5) feet from the existing Nvater main located along Oakton Street. As long as the concrete footers are not placed over the existing Nvater main, the foam sign Nvould be acceptable Nvithin the easement and over the main. Public Works still recommends a two (2) foot separation from the main. The property oN -,ner or management company must keep the contact information current Nvith Public Works regarding who Nvould be responsible for removing the sign in the event the Nvater main needs to be maintained. Also, it must be understood that in the event of an emergency, the Village reserves the right to remove the sign if those responsible cannot respond in a timely manner. Any damage caused to the sign by either the Nvater main break, the repairs, or the removal of the sign Nvill be subject to the property owner Is Sign Code Regulations Proposed Sign Area Max. 40 sq.ft. 17.58 sq.ft. Height Max. 10' 5.33' Items of Information Max. 10 9 Setback Min. 5' 5' 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 folloNving list is a summary of these findings: • A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property, • Lack of desire to increase financial gain; and • Protection of the public Nvelfare, other property, and neighborhood character. The Petitioner states in the attached application that placing the freestanding sign outside of the easement Nvould inhibit the marketability of the Subject Property as the sign Nvould not be easily visible from the road. The Petitioner points out that the existing sign is currently Nvithin the dedicated easement. Since the existing sign is in disrepair and outdated, the Petitioner seeks to replace it Nvith the new sign in the same location. The new sign Nvould be an updated design and add to the character of the neighborhood. The Petitioner submitted a letter from the Metropolitan Water Reclamation District of Greater Chicago giving permission to replace the existing freestanding sign Nvith the new sign Nvithin the easement. Staff reviewed the Petitioner's request and is supportive. The new sign Nvould be replacing a sign that is outdated and in disrepair. The new freestanding sign Nvithin the easement Nvould not be detrimental to other properties and Nvould not alter the neighborhood character. In addition, the MWRD found the placement of the sign Nvithin the easement acceptable. The Public Works Department reviewed the Petitioner's proposal to install a foam design sign acceptable instead of the original sign design, which Nvould have consisted of real stone and a large concrete foundation. The original sign design would have been required to be setback a minimum five (5) feet from the existing Nvater main located along Oakton Street. As long as the concrete footers are not placed over the existing Nvater main, the foam sign Nvould be acceptable Nvithin the easement and over the main. Public Works still recommends a two (2) foot separation from the main. The property oN -,ner or management company must keep the contact information current Nvith Public Works regarding who Nvould be responsible for removing the sign in the event the Nvater main needs to be maintained. Also, it must be understood that in the event of an emergency, the Village reserves the right to remove the sign if those responsible cannot respond in a timely manner. Any damage caused to the sign by either the Nvater main break, the repairs, or the removal of the sign Nvill be subject to the property owner Is PZ -13 -13 Planning & Zoning Commission meeting July 25, 2013 Page 4 expense. Regarding the sign lighting, the Public Works is requiring a visible and obvious shutoff to be installed outside the public ROW and easement that Nvould allow the Village to cut power to the lights in the event that excavation is necessary in near the lights. The conduits for the electrical feed for the lights shall be straight and perpendicular to the ROW to facilitate their location folloNving installation. RECOMMENDATION The Variation request to place the accessory structure Nvithin the easement meets the standards for a Variation contained in Section 14.203.C.9 of the Zoning Ordinance. Based on this analysis, Staff recommends that the Planning and Zoning Commission adopt staff findings in the staff report as the findings of the Planning and Zoning Commission and recommend approval of the folloNving motion: "To approve: 1. A Variation request to allow the placement of a structure (freestanding sign) Nvithin a dedicated twenty (20) foot Metropolitan Sanitary District of Greater Chicago easement located along Oakton Street for the property located at 2318 -2398 Cannon Drive, 2328 -2396 Colony Drive, 2244 -2286 Delaware Drive, 301 -507 Enterprise Drive, 561 -567 Franklin Drive, and 2215 -2391 Lexington Drive, subject to the folloNving conditions: a) If any utility Nvork of any kind or nature, whether necessary or discretionary, is done Nvithin the easement, the Village or any other utility benefitted by the easement, shall have the absolute right, to move, modIA- or raze the signs at the sole expense of the property oN -,ner. By the placement of a sign in the easement, the property ovner agrees to this condition and shall hold the Village, its agents and employees and any other utility company harmless and indemnified against any claim of damage to the signs or the ovmer's interest in the signs. Any restoration of the signs after such Nvork in the easement shall likeNvise, be the sole obligation and expense of the property owner. b) The sign (including the foundation, lighting, and excavation required for installation) does not conflict Nvith, damage, or increase the likelihood of a break in the existing Nvater main or other public utilities. c) Installation of a foam design freestanding sign or similar materials as reviewed and approved by the Village. A stone design Nvith the large concrete foundation Nvill not be acceptable Nvithin 5' of any public utility. d) Installation of a visible and obvious shutoff outside of the public ROW and easement that Nvould allow the Village to cut power to the sign lights in the event that excavation is necessary near the lights. e) Installation of conduits for the electrical feed for the lights that are straight and perpendicular to the ROW to facilitate their location folloNving installation." This case is Village Board final. I concur: William J. Cooney, AICP Director of Community Development /AH PLAN)Phnm CZ—ni ('0AIM)P&-Z 2013 \Staff Rq,.f,PZ -13- 134 -F A(p-eDr (S'— Vanat —).d— Andrade, Consuelo From: Pam Lohman [pam @chicagolandsigns.com] Sent: Monday, July 15, 2013 3:30 PM To: Andrade, Consuelo Subject: Tab 11 - additional page Attachments: Tab 11 - additional plan for Oak Street Sign.pdf Conseulo: Please add the attached page to tab 11 in the variance package for The Colony Apartments. We are requesting variance to place the new sign in the footprint of the existing sign, 5' from the property line, as per the attached plan. The page previously included in the variance package shows an alternate location for the sign, should the commission not allow us to use the existing location. Please let me know if you have any questions. Thank you, Pam Pam Lohman Director Sales & Marketing Chicagoland Signs 1020 W Fullerton Avenue, Suite B Addison, IL 60101 www.ChicaizolandSiLyns.com 630.543.7088 p 630.543.7188f 630.740.3600 c FIND US ON FACEBOOK This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http: / /www.symanteccloud.com PROPOSED SIGN LOCATIONS FOR COLONY APARTMENTS ALONG OAKTON ROAD MOUNT PROSPECT, ILLINOIS SCALE: 1" a 20' r r T/WXL- EP -66330 1 66393 EASEMENT CONDEMNED BY METROPOLITAN SANITARY N DISTRICT OF GREATER CHICAGO CIRCUIT COURT OF COOK TC -66436 COUNTY #75LB644 TC -664D9 �P�2 6(bA 664.6 J ss4r�3 rnvaLL- 66326 - - - - - - - - -- - IZFM— 'THE COLONY SPOT GNT -.665 .. -12'FM COC BLOC NK APTS' �) - , RETAINING PiQ 6x, WAL W— N � j l �i – W 12" ��' 4p5 12" — W �S63.66 � EP -66374 CE • - - - - -- - 8 WI 8 WIRES C STRE INI�Ot?) APPROXIMATE TC-664J3 c G- ROW LINE ----- -- -- - -- - --- 664 - (SHELL PET PIPELINE) T C�.60 5 66YB9 66322 TC-66335 6 T 72 T 66323 66320 FL66297 —T T - - - - -- - - - -663 66292 TC -66324 � OAKTON STREET SITE BENCHMARK: WEST BOLT ON FIRE HYDRANT AT SOUTHWEST CORNER ` OF SOUTH DELAWARE DRIVE AND ENTERPRISE DRIVE. ` ELEVATION = 661.23 4 LAST DAY OF FIELD WORK: MAY 13, 2013. f , 9575 `N. Higgins Road, Suite 700, Rosemont, Illinois 60018 ll e: (847) 696 -4060 Fax: (847) 696 -4065 DATE= 06/25/2013 JOB N0: 7444 FILENAME= 7444 -SIGN PAGE 1 OF 1 ' We; 50 S. Emerson stimet Mount Prospect, Hfinois 60056 Phone 847X183328 FAX 947.918.5329 Sign Request Application Text t: Appeal P. Mount Prospezt Department of Community DavelopnTent Phone 947.818,5328 54 South Emerson Street Mount Pmpect Illinois Fax 847.818.5329 Telephone F ,, Email Phone 847.819.5328 Fax 847.8 1.8.5329 's Architect Name j I Ad dma t S y� y Landscape Arch Fiect Name Ad r QVII 0) i ,,, ,., .. y r r t i t " F U 1 � � Telephone F ,, Email Phone 847.819.5328 Fax 847.8 1.8.5329 Architect Name j I Ad dma i Landscape Arch Fiect Name Ad Telephone F ,, Email Phone 847.819.5328 Fax 847.8 1.8.5329 :.. . ar . .. &»«y.0 moun to SignFoam � am «4:.« ¥r¥ custom painted. See Appendix ± for specs. \ � \ . . . � .. . : . Submission Requirements 1. Completed original Application for Planning Zoning Commission Review (15 copies). 2. Application Fee (see Fee Schedule). 3. Copy of deed. 4. Paid receipt of the most recent tax bill for the property. 5. Executed Ownership Affidavit 6. Plat of survey of the subject property dated within six months of the date of submission (15 copies). 7. One (1) copy of a document indicating proof of ownership or intent to buy 8. One (1) Compact Disc (CD) with all required exhibits (plans, plats, and drawings) submitted in PDF (electronic) format. Each exhibit should be saved as its own file; however, multiple files can be on one disc. � r Important Information for Submission ✓ All required items, including all plans, shall be folded not to exceed 8 1 /2" x 14" in area and shall prominently indicate the following basic information: 1. The development name and/or address; 2. The name of the preparer; and 3. The date of preparation and any subsequent revisions ✓ Any items requiring 15 copies should be collated and secured into complete packets prior to submit al, 1. Application 2. Plat of Survey 3. Site Plan and Drawing(s) 4. Additional Supporting Exhibits Sign Request Fee Schedule 1. Appea ................................................................................................................................................. 250.00 2. Variation ............................................................................................................................................. 200.00 3. Special Use .......................................................................................................................................... 200.00 4 . Text Amendment ........................................................................................................................ I ........ 250.00 Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 Planning & Zoning Commission Procedures The Planning & Zoning Commission review process generally involves a two-phase procedure that first requires staff review of the petition followed by a Planning & Zoning Commission approval. The process for those requests generally can be expected to require four to six (4-6) weeks from the time of initial application to final action by the Planning & Zoning Commission. Procedurally, this process involves the following: Mvvrf - ff! r6f Division and other appropriate Village staff. This meeting would be used to discuss the feasibility of the proposal al obtain a level of familiarity with Village requirements and procedures. This step involves the submittal of the petitioner's original application and fifteen (15) copies of the required documentation, the required application fee, and other required supporting materials listed in this packet. Please Note — The recommendations and technical assistance provided by Village Staff during the course of the review process is purely advisory in nature. The authority to approve or deny a petition for petitions for a Variation or Special Use lies with the Planning & Zoning Commission. The authority to approve or deny a text amendment lies with the Village Board. Mount Prospect Department of Community Development Phone 847.818,5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 Sign Request Review Process Preliminary Meeting with Planning Staff Initial Submission to the Community Development Department's Planning Division Adoption of Ordinance upon Approval Application to Building Department for Permit Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois Phone 847.818.5328 Fax 847.818.5329 is! Standards for Special Use The Planning & Zoning Commission is guided by standards listed in Zoning Code Section 7.720, 7.725, and 7.750. Those standards relate to conditions applicable to the property, for which the Special Use is requested, the owner's motives for requesting the Special Use and potential effects on nearby properties. The standards for Special Use are: 1. The special use will serve the public convenience at the location of the subject sign; or that the establishment, maintenance or operation of the special use will not be detrimental to or endanger the visibility, public safety, comfort • general welfare. 2. The sign(s) will be in harmony and scale with the architecture of the building(s) in this development and with other signs in the neighborhood. 5. The special use shall in all other respects conform to the applicable regulations of the Sign Ordinance except as such regulations may, in such instance, be modified as provided by this Chapter. 6. The plight • the owner is due to unique circumstances and the proposed special use will not merely serve as a convenience to the petitioner, but will alleviate some demonstrable and unusual hardship which will result if the strict letter of the regulations of this Chapter were carried out and which particular hardship or practical difficulty is not generally applicable to other comparable signs or properties FAIYA 4H The terms of the special use so granted shall be specifically set forth in a conclusion or statement which is supported from the findings of fact of the Sign Review Board. The subject property for which the special use has been granted shall not be used in violation of the specific terms and the findings of fact unless such use is allowed by further findings of fact or additional approval, pursuant to additional hearings or appeal therefor. (Ord. 4519, 1-19-1993) Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 8 TDD 847.392.6064 Standards for Variations 77 The Planning & Zoning Commission is guided by standards listed in Sign Code Sections 7.720, 7.725 and 7.750. Those standards relate to conditions applicable to the property, for which the Variation is requested, the owner's motives for requesting the Variation and potential effects on nearby properties. The standards for Variations are: A. The Planning & Zoning Commission shall not recommend or grant a variation unless it shall make findings of fact based upon evidence presented at the hearing in any given case that: The sip in question cannot reasonably identify the establishment if permitted to • used only under the conditions allowed • the regulations of the Sign Ordinance. 2. The plight • the owner is due to unique circumstances and the proposed variation will not merely serve as a convenience to the petitioner, but will alleviate some demonstrable and unusual hardship which will result if the strict letter of the regulations • this Chapter were carried out and which particular hardship • practical difficulty is not generally applicable to other comparable signs or properties. 3. The alleged hardship has not been created by any person presently having a proprietary interest in the subject sign (or property). 4. The proposed variation will not be materially detrimental to the public welfare • injurious to other property or improvements in the neighborhood. The proposed variation will not impair visibility to the adjacent property, increase the danger of traffic problems or endanger the public safety. III I ill 11 Iffli I ill I Rill ill III lll�lllij I I 4 712 7. The proposed variation is in harmony with the spirit and intent of this Chapter. B. The Planning & Zoning Commission may impose such conditions and restrictions upon the subject sign and property, the location, the construction, design and use of the sign benefited by such a variation as may be necessary • appropriate to comply with the foregoing standards and to protect adjacent property and property values, and ensure traffic safety. Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 9 TDD 847.392.6064 R =669.59 1 - J- TfPIPE- 65.3J4 - �® r - TC°658 R- 65926 °STOP° TIPIPE -653J1 �`' - \ 65 9 - 8 A r 6 ® s TC -65829 e a 6 l cl- GOOD r,r e Uj e W 4.1 , E �tS 0 Q �1 ® APPROXIMATE I ROW LINE SITE BENCHMARK: plim WEST BOLT ON FIRE HYDRANT AT SOUTHWEST CORNER OF SOUTH DELAWARE DRIVE AND ENTERPRISE DRIVE. ELEVATION = 661.23 LAST DAY OF FIELD WORK: MAY 13 2013® 9 575 . Higgins Road, Suite 700. Rrsserr orii, illhois 6i"018 Phone (847) 696.4060 Fax: (847) 696-4.065 .. . . . .... VAtJLT ..... .... ,( ori � . . ........ -. ...... . .... ......... ...... . . . . ...... ... y " > ti VI If VAtJLT ..... .... ,( ori � . . ........ -. ...... . .... ......... ...... . . . . ...... ... ti If VAtJLT ..... .... ,( ori � . . ........ -. ...... . .... ......... ...... . . . . ...... ... V SITE BENCHMARK: po ih WEST BOLT ON FIRE HYDRANT AT SOUTHWEST CORNER OF SOUTH DELAWARE DRIVE AND ENTERPRISE DRIVE. ELEVATION = 661.23 Not LAST DAY OF FIELD WORK: MAY 13, 2013. 9575 W, Mg4gins Road, Suiie 700, Rosemoht Hlinoi5,60018 Phone: �8471 696-4060 Fax: (8 � 06/25/� " NO: 7444 IFILENAME- 7444-SIGN nuiM�uNw wmwro,(row jry y ?�+d<, F Gm'wuw �i a 4'kNd asww m f 4 q 7 m " 1 f» v�i4 S ' ," f : : � " �� Y mad Mm limes nIVU�V�f m mfMP�umONi w'nl m "^_ �*r V� � „� �,aw' � .�rv�' „�'��,,,Y•k .� 1r,� �� m� .,„ r ^ '�, ���. „ a� inmaw;^ w; iww m! 3o^ acuwi�ummamaux 'arnwamrwwwwwceno ^w✓mmww o>�m "., t >•^ ° err c, � , Ad4 » , � +p M.� ic h w� 1 N Q5 K � w w �� a ilh` a ari�evamnnmi!ixa�i „mumww �wvkgwimmmrommamwam�r�rcamw mw�wr�uw wwµmlwva�ry - i � "� � yi ,Jn tb w m 2 3 9 mmflA�yt� 111 �V�,wum N s. 1, �^ ,'« � u��WUfjrwl u�w��. nwaru «wiv wow ^wwwmnowunrvmr�rm�+wrcrwmmn ord�uaawuwu�a ��,um� � ,� � A a f FJ VA LVE of w,a twinwx n^noiwwamwmwawi y"'"m'uwn'uwaamwrom y murw,^i w+ m d. pd°'"N �N W n^ u, % $ "'w� n A2 m.�"'' '0 y "' „ " & D 9 wm,.0 a,;,.. '-*"`u 70 D ,a VA,, �.'�A��W�NA rss4yo��u�^mAw�� 268! 12 " aka T o ”. �, smVta^ niiow w.��wmry arm -.«a� mn mrmwm rw, wv w � wmmaw wan�n mw S , i�.1 !m�[w wrw1^ �Wwwm'. w�OUVm�2mw4ww�r+ so wrw. wy�rru^. w .awwmnw^!waw�w�:;�^w� ^mnw�mw+ww mu�wr+�,v. mind �,w xam`:uw,ww,Wf�m« d t€ a W A* 1 0 , ' A T E RNA ,gym N a 70 s 4, 1 1 p "I m ^. ewe m oam w,„nybwwamwi;w. � a EM Wall Main Monuments Oty: 2 108 I Non-Ifluminated routed HDU faces (2-sided) _1_1.1 UT._' this drawing to 630 -543 -7088 Scale-, V= 1/2"' 69" APPENDIX A; Two manufacturer's foam si ii spec. sheets: W e show this one because it sloes a better job of showing the layers of fabrication... ..,and we shave this one because it sloes a better job of showing the intallation method into the ground, Note,p: Cnp ?aildmci lwr vsqrepv, i#C:,.F- (2 ) Y ruvn a�is I.LaT CW'e Lire tb Orle, impact lataiAulm, hard t eraaa Mild, Finkhe14 sus i, p00 ;,, 4 )Y' o d" Schedule iG PVC:: pips V " la4?r6Y4']e dr un $1,} 4J67SB yr of a rtio0:turv, ( 1 Sf'C & iaip-we s,, imelfic V urtat ,a€.ritctuvv mi tilt"!,`, L1kWahLg uistallntion mi d kC'a`fla,red with aivnidii g i') aps anea'ae r"ia t to arta, l4' oncvc¢c footing, as rceltih -cd by local c,,de, p o rsmRxo t A,las'csllw.�iuild Vy� &A @ �G L ) 0 Thio is an original copyright - protected drawinq creatr,d foryou by Chlcagoland Signs, Corp. It ies unlawful, unethical, and totally uncool to chow thio drawiriq 'ro c,ompetan sign companies. 650-54- T iUll CcrMPC)Site Details » t . .. \ \ ƒ all l : - .�� . } \A }(y/ < < . ~- x � ^ / d � , l .. . � \ Monuments Qty: 2 III- "'ll 1111 mounted to SignFoam , monument." Mt. Prospect, IL - 9 1 R mm��Nl APPENDIX A: Two manufacturer's foam sign spec. sheets: We show this one because it does a better job of showing the layers of fabrication ...and we show this one because it does a better job of showing the intallation method into the ground. Nolvs� Cl) COVO M 5;f'UMWC 6 molded sr,xpindoij I As( T, Aromade Lim cure ureduate, inip"la rcsi5tlm, hind Cult finish, Fillished Sawhicu is &^.O 3" ol 4 " , Schedule 4C PVC pipv i, bviulk-d aw o cm I -r of stnscturv, Sa d pipe �% iwaxaQ (I i I uko s1ructury CMI S4C dM'ha� instaflaimi and scaired with expmIding poiynlevic I Csin foarn, Coacrctc foodiiq, as required by local codv, 1"m mum t� pi�,Jly �x� Und 2'-4' into covio"ou, Typical Camposile Details ..,A. ... , . „ p N q a= .e i o i w� r ti M1 J � Y a. C. - wmmY „ „ h Y t" i ir i �✓ � �� i fi . . _ ., r q f Y j .. Y � P Y i 441" t z � iZ r � e, a r f. g a „ . R ' a or Y. „m a T a d u „ v 1 j k t T r I l �r s n. F i r; A y uj av rN r' CNI u .�...o 11 S% ' a a I k ✓v4 *C � v t .I r 55 u t I. r4 u J r,.. k Iz � � � � � "` , 6 � r � i�a,rr nary`✓, < r "' 99 841557Page a of 7 THAT PART OF LOT r • DESCRIBED) TRACT OF r DESCRIBED AS FOLLOWS: • • :, :r •, • • 1p • • THAT PART OF •. ;• • (HEREINAFTER DESCRIBED) TRACT OF r DESCRIBED AS FOLLOW& 99 841557Page 7 of 7 THENCE TURNING AN ANGLE OF 90 DEGREES 49 MINUTES 18 SECONDS i THE RIGHT OF THE PREVIOUSLY DESCRIBED COURSE, A DISTANCE OF 514.053 FEET TO THE POINT OF BEGINNING. ., .. • !, 069647.103073 KPT DOCSD1626491.1 7 8/11/99 2:43 pm 1/ 1 /4 23 - 41 - 11 41- 11 -23H ELK GROVE 8-23 .. GLMHURSTALGONQUIN INDUSTRIAL PAR(: -UNIT No. 2. a SUb,m dIC SGl /4�SCC, 2J- 9111, Re< "b 20, 1048 Dog, 20409121, PLAT OF SUBDIVISION OF THE COLONY, a Sub. of Feb on'kh, S ITSE.1 /45ec 21.'U -I I Rec . . 19. 1 LL 19]4 Doe T2]19R01 'C' KFOLYN PLASTICS, INC. SU11. of lha N. 483 44 ft �[.2W ft of Pnn 1,, W of L.2U azs. N.E. 114 5,[, I.-S- 21.41.11. Rec Jwl 9, 19)4 Doc. 2310>249, 0 .. NORTHWAY INVEn"'Nt SUIT. of Ib9 N. 480 ft of INa G. 88135 W wd edj, CLIJ'ursl RJ. m wiJcacd SE.IM, SE1l4, See ?44111. R. Oa IS, 19]OD- T2902421, S ELMHURSTROAD PLAZA, a Sub, of Ponof dry 4' 20 rtaofthe N.E. IN_S. C, I /45cc. 214111. Rtt,UU 15. 19]] Doc. 29218414. F" VAVRUS SUIT, o uub. 9lpvn of Lur 2 in N9nllwvy hwesl ,Sub.(Sav D) Rec Dee IR, 1980 Ooc. 1J 19465.1. G .. ROGfJtS COfU'ORA "I'I: I'ARX, a SuL of pl. of Ifie N11114 SIDUIStle 29- 1111. Rea Apr.,, 1990 Dac 90190140. "H" C.1.1). D.V, DD Dive ".6 4 2 In Nonhwoy Invest Sub (Svv "O') Rcc. J., 1 2001 Dv, WI 00J 10]1, 02011 CoaR CVw�ry, U.,O. PY Rlgo. Ravervea 99841557 Know all men by these presents that, Chicago Colony Apartments Associates TO HAVE AND TO HOLD, the above'-described property, unto Grantee and Grantee's successors and assigns forever; and Grantor does hereby bind itself and. its successors and assijzns to warrant and forever defend the premises unto Grantee and Grantee's successors and assigns against every persons whomsoever lawfully claiming the same • any part thereof by, through • under Grantor but not otherwise. WITNESS my hand and seal this Z::Ii day odow?L0999. RETURN TO;(?AaU"VZU1 TICOR TITLE INSURANCE ' 203 N. LaSALLE, STE. W 1 CHICAGO, IL 6060,11 RE. 1jQ4-,957-7,5 069647.103073 KPT DOCSD1626491.1 y: Na Lew �s 4 Le" Title: mo_-�A(X�T VL C _S 8/11199 2:43 pm GRANTOR: In the presence of: CHICAGO COLONY APARTMENTS ASSOCIATES By: Chicago Colony Apartments Company, L.P., general partner RETURN TO;(?AaU"VZU1 TICOR TITLE INSURANCE ' 203 N. LaSALLE, STE. W 1 CHICAGO, IL 6060,11 RE. 1jQ4-,957-7,5 069647.103073 KPT DOCSD1626491.1 y: Na Lew �s 4 Le" Title: mo_-�A(X�T VL C _S 8/11199 2:43 pm f 99841557Pa 2 of 7 VILLAGE OFAOUNT PROSPECT REAL ES ATE TRANSFER TAX 1 7 9 4 s Lo . L Li — I C K WUMY REAL ESTATE T"m coo, LU 0 SEP C=3 z .99 CM 0 c� M REVE EISTAMP :ft L Li — I LU zp .99 C=3 CM c� M DEPARTMEW oF RE"jj— :ft 069647.103073 KPT DOCSD1626491.1 8/11199 2:43 pm 9984155 3 of 7 STATE OF Ss COUNTY OF V , , 0 IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this 2—so— day • ( - )t , 1999. .............. • - go'ta PubliO My Commission Expires: 069647.103073 KPT DOCSD\626491.1 8111/99 2:43 pm 9984155 Page 4 of 7 • 1 COMMONWEALTH OF MASSACHUSETTS } } SS COUNTY OF SUFFOLK } ?�> ; OR - a3® you -04 b g - ,R 3 l Ioa - 00 s 069647.103073 KPT DOCSD \626491.1 8/11/99 2:43 pm . . .. . . .. welmolaw PIN's for The Colony,, Mount Prospect JI X211 No IN gn"o, . . .. . . .. welmolaw PIN's for The Colony,, Mount Prospect JI 9 ------ m -------- u ............. 22* ................... T—1 — OCO. W uj E .�} U � � p ti z'v C u .G G.p C O { � 1 gs �CLIP 't o Ln Z z .6 6 00 L. 22 L4 c ' 14 9 ------ m -------- u ............. 22* ................... T—1 — OCO. W uj -014 ARBOYRD o s C.I..y D, Pn, SP ` R R� O co C-- D, Pr;l St L"dAgfon DrPrivsf Is :: Cook County Treasurer's Office - Chicago, Illinois:: Cook County Property Tax and Payment Information nnIed c;(,)p7 s (if t:i'ii, mfonnation may not be used as a tax bill. P ayrn n[s: must he suhrv* ite7d with ofpnaai tax b!II, Property Index Number (PIN): 08 -23- 402 -004 -0000 The balance due, including any penalty, is as of. 312112013 Payments processed are posted through: 312012013 2012 Tax Year Information .- ie.r;ytai, in 2013 Tax Year: 2012 Tax Type: Current Tax Volume: 050 PCL: 3 -15 Property Location 475 W ENTERPRISE DR MOUNT PROSPECT, IL 60056 -5807 To update contact the Cook County Assessor's Office at 312.443.7550. Mailing Information HOME PROPERTIES COLONY 850 CLINTON SO ROCHESTER, NY 14604 -1730 To update your mailing information click here To request a duplicate tax bill click here Exemption Information Exemptions do not become effective until the 2nd installment. To check if you received exemptions on previous tax years, click here Tax Payment Information Installment Tax Amount Billed 1 at $228,055.05 Balance Due: Tax Due Date Last Payment Received Date Received 03/01/2013 $228,055.05 02/26/13 Print 4 Return to PIN Summary The Cook County Clerk's office can help you with redemption and delinquent inquiries on prior year's taxes. You may reach the Clerk at: Main Number: 312.603.5656 You may find frequently asked questions and additional information at the Clerk's Office's Web site: htto://www.cookcountyclerk.com Page 1 of 1 http: / /www.cookcountytreasurer. com/ paymentresults .aspx ?paymenttype= current 3/21/2013 : Cook County Treasurer's Office - Chicago, Illinois :: Cook County Property Tax and Payment Information Pri led crapies of this ftift.xrn ation may not f)e used @ Pax hill. Payments must be submitted with original tax bill, Property Index Number (PIN): 08- 23.402- 005 -0000 The balance due, including any penalty, is as of. 312112013 Payments processed are posted through: 312012013 2012 Tax Year Information - Payabie in 2013 Tax Year: 2012 Tax Type: Current Tax Volume: 050 PCL:3 -15 Property Location 475 W ENTERPRISE DR MOUNT PROSPECT, IL 60056 -5807 To update contact the Cook County Assessor's Office at 312.443.7550. Mailing Information HOME PROPERTIES COLONY 850 CLINTON SO ROCHESTER, NY 14604 -1730 To update your mailing information click here To request a duplicate tax bill click here Exemption Information Exemptions do not become effective until the 2nd installment. To check if you received exemptions on previous tax years, click here Tax Payment Information Installment Tax Amount Billed 1 st $193,022.08 Balance Due: Tax Due Date Last Payment Received Date Received 03/01/2013 $193,022.08 02/26/13 p Print + Return to PIN Summary The Cook County Clerk's office can help you with redemption and delinquent inquiries on prior year's taxes. You may reach the Clerk at: Main Number: 312.603.5656 You may find frequently asked questions and additional information at the Clerk's Office's Web site: http://www.cookcountyclerk.com Page 1 of 1 http: / /www.cookcountytreasurer. com/ paymentresults .aspx ?paymenttype= current 3/21/2013 :: Cook County Treasurer's Office - Chicago, Illinois :: Cook County Property Tax and Payment Information Printed copies of this it rnay not be used as a'tax bill. PR4wrlenix,;t must be submitted with original tax bill, Property Index Number (PIN): 08 -23 -402- 006 -0000 The balance due, including any penalty, is as of. 312112013 Payments processed are posted through: 312012013 2012 Tax Year hIfOrrrtation - Payable in 2013 Tax Year: 2012 Tax Type: Current Tax Volume: 050 PCL: 3 -97 Property Location 475 W ENTERPRISE DR MOUNT PROSPECT, IL 60056 -5807 To update contact the Cook County Assessor's Office at 312.443.7550. Mailing Information HOME PROPERTIES COLONY 850 CLINTON SQ ROCHESTER, NY 1 46 04 -1 730 To update your mailing information click here To request a duplicate tax bill click here Exemption Information Exemptions do not become effective until the 2nd installment. To check if you received exemptions on previous tax years, click here Tax Payment Information Installment Tax Amount Billed 1st $25,526.92 Balance Due: $0.00 Tax Due Date Last Payment Received Date Received 03/01/2013 $25,526.92 02/26/13 ;a Print 4• Return to PIN Summary The Cook County Clerk's office can help you with redemption and delinquent inquiries on prior year's taxes. You may reach the Clerk at: Main Number: 312.603.5656 You may find frequently asked questions and additional information at the Clerk's Office's Web site' http://www.cookcountyclerk.com Page 1 of 1 http: / /www.cookcountytreasurer. com/ paymentresults .aspx ?paymenttype= current 3/21/2013 Cook County Treasurer's Office - Chicago, Illinois:: Cook County Property Tax and Payment Information F Nraed copir s of this information rntay not !be used a , ;;a tax bill . "ayrnemis muss be submitted with mipinal tax bill, Property Index Number (PIN): 08 -23 -402- 013 -0000 The balance due, including any penalty, is as of.' 312112013 Payments processed are posted through: 312012013 2012 Tax, Year Information - PayaNe In 201 Tax Year: 2012 Tax Type: Current Tax Volume: 050 PCL: 3 -15 Property Location 2364 OAKTON ST MOUNT PROSPECT, IL 60056 -0000 To update contact the Cook County Assessor's Office at 312.443.7550. Mailing Information HOME PROPERTIES COLONY 850 CLINTON SO ROCHESTER, NY 14604-1730 To update your mailing information click here To request a duplicate tax bill click here Exemption Information Exemptions do not become effective until the 2nd installment. To check if you received exemptions on previous tax years, click here Tax Payment Information Installment Tax Amount Billed 1st $114,015.89 Balance Due: Tax Due Date Last Payment Received Date Received 03/01/2013 $114,015.89 02/26/13 i Print 4• Return to PIN Summary The Cook County Clerk's office can help you with redemption and delinquent inquiries on prior year's taxes. You may reach the Clerk at: Main Number: 312.603.5656 You may find frequently asked questions and additional information at the Clerk's Office's Web site: http://www.cookcountyclerk.com Page 1 of 1 http: / /www.cookcountytreasurer. com /paymentresults .aspx ?paymenttype = current 3/21/2013 Affidavit of Ownership .. . . ....... .. STATE OF ILLINOIS under oath, state that I am the sole an owner of the property an authorized &f&.ef of the My, = Signature Subscribed and sworn to before A /I MPD- me this C; _ day of P_&W 20 13. OFFICIAL SEAL CHRISTINE JANKUSKY Notary public -State of Illinois My Co scion Expires Aug 11, 2015 Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 11 TDD 847.392.6064 and that sugh property is owned b T�AL c�� Qro Q ri es C� C� r'�s ;31,. n. Addison, IL 60101 P 630. F: 630.543.7188 cif iXl r I ' 6 i 1` i I I PI ' i; W The Colony Apartments Mount P r o spect, I i , X, 1 ` =1 f urther b s. m the ik not be P ,n y visi motorists i .t residents, or guests of the residents. 2. The p light n)% u., I t mstan i o variatio not merel i I,',� '.i i.l pe !,i wil a ll e viate demonstrable and unusual har dship i ll result if the of the l' X A of this Cha pter r hardship t ail. l difficul n ot general appl(cI other comparable signs or h,s"P,s"r't('W + a "V .s1 a 0 g ins,' 4 3. T he alleged hardship ha not b een crea by a ny person presently a y interest in the subject sign (or property). hardship does not exist in this circumstance. The var requested onl to c omply w ith V illage cod a nd has not ee c reate d by any person n ea ng p inte in the su bject s ig ns or the property. ,h The proposed ;," a XI will not be materiall detrimental to the public welfar i njuriou s ,I o ther p or improvements in the neighborho W T s 1 i 5. The proposed variation I impair visibility t the ad p ro p e r t y, ti da fi- problems or e public of y i,= IT I NPtla ",3 l�III I IRWIN I I' 'I FOWN � , , Ma 11 L' MINE` "WW" The removal of the existing signs and installation of newly designed signs in the same locations will require a variance with respect to the current code prohibiting any structure to be placed in an easement. The Colony was approved for and construction started in the 1970s, and as the Village of Mt Prospect has updated/revised the sign regulations since that time, we request a variance to place new signs - with a similar footprint - in the existing locations. e propose signs W1 cement foundation. This will allow the signs to be removed in case of an underground emergency directly under the signs. M= Pam Lohman M82MOMMMURM Property Address: 1 — 71S L) C- 0 01-421100 Penalty Fee (ff applicable) ........... 01-421500 mwl PAO Real Estate Index No. (PIN): 79-262000 TOTALFEES ........................................... El S' Installer Address: 11 Projecting- ❑ a) Directional Siga Installer TelePhone: o Mansard: Electrics] Contractor c) Gasoline Price Sign E.C. Address: Sign Permit Deposit. .................... 01 – 25.0 - 0 Sign Permit Balance .................... 01-421100 Penalty Fee (ff applicable) ........... 01-421500 Electrical Permit ........................ 01-421200 Nuisance Bond ......................... 79-262000 TOTALFEES ........................................... Inspection Services Planm'ng ILLUMINATED SIGNS SIGN CLASSIFICATION (. Number of Lamps/Neon Tubes: Wattage: (Check Only One) D - 4 . L,,C L' Freestanding; Amperage* Awning F1 Walk El Other: 11 Projecting- ❑ a) Directional b) Directory Mansard: E] c) Gasoline Price Sign d) Logo e) Menu Board 0 Multifaced Canopy: Appropriate Column) g) Outdoor Advertisin h) Sidewalk i) Temp -rac bo ILLUMINATED SIGNS Is New Electrical Service Required? Yes [] No Number of Lamps/Neon Tubes: Wattage: No. of Transformers: Voltage: Electrical Circuits: Amperage* For submission requirements please see reverse side. STR.UCTURAL CHARACTERISTICS (Fill in One Appropriate Column) V bo v as 0 U aJ 0 P. RECORD MEASUREMENTS IN TENTHS (Feet) (Example: 4.2 Feet) Height Width Area (Sq. Ft-) Signable Area (Sq. Ft.) N.A. NA. Overall Height (from finished grade) Clearance Projection N.A. N.A. # Items of Info. # Tenant Panels N.A. N.A. NA. NA. NA Distance to Bldg. N.A. N.A. N.A. NA. N.A. Setback from P/L Distance to 0 ther Sign NAINA". N.A. N 1 Distance to Res. P/L Max Height On wall -J— N.A. feetI 100 I sal c , e a r t h n - eters , 30 a m fA a = � ~ lmr Non-illuminated routed HDU faces (2-sided) Wood trim pieces er Sign Panel VIUALGE OF MO= PROSPECr COAD&UNFlYDEVELOPAffiNT P Numbez._ Date Issued_ Tkase Pnnt or Tjpe) M-011 M-H IIPMIINIIVWXJ.M�� Penalty Fee (if applicable) ............ 01421500 Electrical Permit ........................ 01-421200 Nuisance Bond ......................... 79-262000 TOTALFEES, ..................................... **a Inspection Services Planning I Ct a- E '%Iar'a e, Is this a replacement sign? Yes No SIGN CLASSIFICATION (Cheek 00y One) Freestanding. 0 Awning- Walh C] Other. Projecting- El a) Directional b) Director Mansard; 0 c) Gasoline Price Si d) L e) Mcnu Board Canopy: 0 g ) Outdoor Advertisin 0 Moldlaced h) Sid Temporary ILLUMINATED SIGNS Is New Electrical Service Required? Yes [I No Number of Lonps/Neon Tubes, Wattage: ...... No. of Transformers: Voltage: Electrical Circuits: Amperage: For submission requftements please I see reverse side. RECORD MEASUREMENTS IN TENTHS (Feet) (Example: 4.2 Feet) Area (Sq. Ft-) Signable Area (Sq- Ft-) Overall Height (from finished grade) razzaM, N troperty Address: 1- 1 Yr Sign Permit ............ I .................. 01-421100 Sign Permit Deposit ..... : ................ 0142UOO 25.00 Sign Pemit Balince ................... 01-421100 - P Fee (ff applicable) ........ I ... 01-421500 Electrical Permit ........................ 01-421200 Nuisance Bond .... . ................... 79-262000 TOTAL .......................... ............. Inspection Services Planning -ARMIM19k MW Is New Electrical Service Requiredi? Yes 0 No 53 Number of Lznps/Neon Tubes: 'Wattage- No. of Transformers: voltage- Electrical Circuits: Amperage: For submission requirements please. see reverse side. SIGN CLASSIFICATION (Check Only One) Freestanding- Awning: 13 Walk Other. 0 Projecting. 0 a) Directional b) Director Mans arch C] q) Gasoline Price Sign d) Logo e) Menu Board 0 Muldfaced Can op,T- 0 S ) Outdoor Advertisin h) Sidewalk Setback from P/L 1� Temporary -ARMIM19k MW Is New Electrical Service Requiredi? Yes 0 No 53 Number of Lznps/Neon Tubes: 'Wattage- No. of Transformers: voltage- Electrical Circuits: Amperage: For submission requirements please. see reverse side. STRUCTURAL STICS Setback from P/L I . . . . . . . . . . . . . . . . . RECORD MEASUREMENTS IN TENTHS (Feet) (Example.- 4.2 Feet) Overall Height (from finished grade) Setback from P/L .��� ; � ® ... m \z T4? L7�'. «�) Q c* Q'S nume Scale: V= 1 i2" M r i N TOOTOITIMNOTW ,a This Is an original copyright- protected drawing Bated f-"" by Chlcagoland 510ns Corp. It Is awfu I, unethical, and toCally uncool to Show this drawing to competing sign co,-npanies. 630-543 -7088 � 2„ A CO , DR TNrrYDEVELOPMENT Budd&gDMsion (DO NOT FILL IN SHADED AREA) Permit Number_ Date Issued- M��. Planning Sign ermit jkppfication 07/06 Projecting: Telephone No. a) ]Directional b) Dirccwry S* Ins r Signa e Voltage- c) Gasoline Price Sign d) Logo Property Owner Signature Telephone No. PEA MOTES C0AEAEN`M ff ,Nlulffaced 7�777:= [3 g ) Outdoor Advertising ---- Sign Permit .............................. 01-421100 - Sig Perndt Deposit .... ................ 01421100 25.00, Sign Pe Balance ......... ° .. 01-421100 Penalty Fee (K applicable) ............ 0 14 2 1500 Electrical Peraidt : ....................... 01-421200 Nuisance Bond ........................ 79-262000 .TOTALFEES ...... .................................... Planning Sign ermit jkppfication 07/06 Projecting: Lj a) ]Directional b) Dirccwry Mansard- Voltage- c) Gasoline Price Sign d) Logo (Fin in One e) Menu Board ff ,Nlulffaced Canopy: [3 g ) Outdoor Advertising h) Sidewalk App�opriste Column) 11 Temporary ILLUMINATED SIGNS Is New Electrical Service Required? yes 0 No Number of Lamps/Neon Tubes: Wattage: No. of Transformers: Voltage- Electrical Circuits: Amperage: For I su b m i s sion requirements please see reverse side. S CHAR&CTFRyqTTrq (Fin in One App�opriste Column) RECORD MEASUREMENTS IN TENTHS (Feet) (Example: 4.2 Feet) Height Overall Height (from finished grade) stance to Other Sign earth feet' 100 mietersi 30 A ` �\ S15 --rb �—Aj Main • S1 M 4LAI ,'GC'N,' I This [a an -iol-I oopyNdrawing ,ht-p,,tootod �o _sated _�4 for Y by Chlo.6ol-d Sign Ga,P. It is unla wful, unethical, and totally oo Ito s h ow this dr,.m, to competing .,,n —p-i- 630-543-7088 U, C 1 Intl Scale: V= 1/2" Non-illuminated routed HDU faces (2-sided) Wood trim pieces 41", W 69" R Vice President Spaceco, Inc. t575 W. Higgins Road, Suite 700 Rosemont, Illinois 60018 Re: Request by Spaceco, Inc., on behalf of its client Home Properties/The Colo-" 1 , Apartment Complex for the District's Approval to Replace the existing sout entrance sign located within the District's easement located at the northwes] comer of Elmhurst Road (Route 83) and Oakton Street in Mount Prospect, Illinois; File,No. 13 NE 006. a District facilities including manholes are to be protected. Attached is Sheet t I of Upper� Des Plaines Intercepting Sewer 20C ( 69-307-2S), which depicts the District intercepting sewer in the subject easement; The replacement sign must not restrict access • manholes, control structures, drop sha* or any other critical infrastructure serving the segment of Upper Des Plaines Intercepting Sewer20C; Counwim IM111 If you have any questions regarding this matter, you may contact Nathaniel P. English, Senior Legal Assistant, at (312) 7516563. Sincerely, Susan T. Morakalis Head Assistant Attorney 61� = bl"M \ �� > /` � a ƒ � § ®� ® �/! - � \ �� p H E I \ \\ \\ - M ,' R I - 1020 W. Fullerton Avenue, Suite B Addison, IL 60 101 P: 630.543.7088 F: 630.543.7188 LK��&Llji I and'. jgpf ME Mount Prospect, IL RMM= 1 Zoning Request Application 2 Legal Description and ALTA 3 Deed 4 PIN'S and Map of Parcels with PIN's 5 Receipt of Paid Taxes 6 Ownership Affidavit 7 Response to Variation Standard 8 Original Pennit Application 9 Waiver of Easement from MWRD 10 Site Map 11 Recent Topographical Surveys 12 Pictures of Existing Entrance Signs 13 Scale Rendering of Proposed Entrance Signs 14 Pictures of Existing Office ID Signs 15 Scale Rendering of Proposed Office ID Signs 1020 W. Fullerton Avenue, Suite B Addison, IF 60101 P: 630.543.7088 F: 630.543.7188 'hkila Wo1andSi&p2Li, www.ch 'nie Colony Apartments Mount Prospect, IL Chicagoland Sigis Cor.p. is acting as the agent for Home Properties, the owner and manager of The ColonyApartmtints located at the Northwest corner of Elmhurst Road and Oaklon Street. The Colony Apartments currently has two entrance monument signs, located at the SE comer of Elmhurst Road and Enterprise Eh-ive, and the SE comer of Oakton and Cannon Drive. Additionally, there are, two Leasing Office identification signs on the property, one each at the front and back entrances of 475 W. Enterprise Drive. We request a permit to install, new signs in. the footprints of the four (4) existing signs, requiring a variance to place the in easements on the property. The proposed signs would be made of product Imo as EP S, a foam product, sculpted to resemble real stone, hard-coated, F,ind custom painted,. The one-piece foam monument is installed by sliding it over concrete anchored galvanized 9 aluminum posts mounted 42'. below grade. In the case of emergency work needed below grade, the sign could potentially be care lifted off the galvanized posts and replaced when. underground or is completed, Not included in this submittal. package are the land=kpe plans. Home Properties will provide these plans conditional to the approval of the sign placement perrilits. ) postpon of this part of the submittal is requested. if vou should have any questions regarding the above. please dori 't hesitaie tc� eg. 5i"alles & Marketiru.'l ORDINANCE NO. AN ORDINANCE GRANTING A VARIATION TO ALLOW THE PLACEMENT OF AN ACCESSORY STRUCTURE (FREESTANDING SIGN) WITHIN A DISTRICT OF GREATER CHICAGO (MWRDGR) EASEMENT FOR PROPERTY LOCATED AT 475 ENTERPRISE DRIVE WHEREAS, Chicagoland Signs Corp. (Petitioner) has filed a petition to replace an existing Reclamation District of Greater Chicago (MWRDGR) easement with a new freestanding sign for property located at 475 Enterprise DriveProperty, legally described as follows: That part of Lot 1 of The Colony, being a subdivision of part of the Southeast Quarter of the Southeast Quarter of Section 23, Township 41 North, Range 11 East of the Third Principal Meridian taken as a tract and more particularly described as follows: Commencing at the Southeast corner of the Southeast Quarter of aforesaid Section 23; thence North 00 degrees 37 minutes 35 seconds East along the east line of said Southeast Quarter 50.00 feet: thence South 90 degrees 00 minutes 00 seconds West and parallel to the south line of said Southeast Quarter 417.75 feet (417.73 Deed) to the point of beginning: thence continuing South 90 degrees 00 minutes 00 seconds West, 909.78 feet (909.70 feet Deed) to the west line of the East Half of said Southeast Quarter of Section 23: thence North 00 degrees 42 minutes 05 seconds East along said west line of 1,286.23 feet (1285.94 feet Deed) to the north line of the South Half of said Southeast Quarter: thence North 89 degrees 56 minutes 44 seconds East along north said line 394.55 feet; thence South 00 degrees 38 minutes 30 seconds West 480.00 feet: thence North 89 degrees 56 minutes 44 seconds East, 381.35 feet to the west right of way line of Elmhurst Road: thence South 00 degrees 37 minutes 35 seconds West along said west line, 293.29 (293.232 feet Deed): thence South 90 degrees 00 minutes 00 seconds West 366.13 feet (361.13 feet Deed): thence South 00 degrees 48 minutes 26 minutes West, 514.15 feet (514.053 feet Deed) to the point of beginning, said parcel containing 23.6710 Acres, all in Cook County, Illinois; and PIN(s): 08-23-402-004-0000 08-23-402-055-0000 08-23-402-006-0000 08-23-402-013-0000 WHEREAS, the Petitioner seeks to replace an existing freestanding sign located within a dedicated t Metropolitan Water Reclamation District of Greater Chicago (MWRDGR) easement with a new freestanding sign, in accordance with the drawing attached as Exhibit A; and WHEREAS, a Public Hearing was held on the request for a Variation being the subject of PZ- th 13-13 before the Planning and Zoning Commission of the Village of Mount Prospect on the25 day of July, 2013, pursuant to proper legal notice having been published in the Mount Prospect th Journal & Topics on the 10 day of July, 2013; and PZ-13-13, 475 Enterprise Drive Page 2/2 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-13-13; 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 request meets the standards of the Village and that the granting of the Variation (structure within easement) to a allow the placement of a structure (new freestanding sign Metropolitan Water Reclamation District of Greater Chicago (MWRDGR) easement located along Oakton Street for property located at 475 Enterprise Drive 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 are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect do hereby grant approval of a Variation to Chicagoland Sign Corp. to a allow the placement of a accessory structure (freestanding signMetropolitan Water Reclamation District of Greater Chicago (MWRDGR) easement located along Oakton Street for property located at 475 Enterprise Drive subject to the following conditions: a) If any utility work of any kind or nature, whether necessary or discretionary, is done within the easement, the Village or any other utility benefitted by the easement, shall have the absolute right, to move, modify or raze the signs at the sole expense of the property owner. By the placement of a sign in the easement, the property owner agrees to this condition and shall hold the Village, its agents and employees and any other utility company harmless and indemnified against any claim of damage to the signs or easement shall likewise, be the sole obligation and expense of the property owner. b) The sign (including the foundation, lighting, and excavation required for installation) does not conflict with, damage, or increase the likelihood of a break in the existing water main or other public utilities. c) Installation of a foam design freestanding sign or similar materials as reviewed and approved by the Village. A stone design with the large concrete foundation will not be d) Installation of a visible and obvious shutoff outside of the public ROW and easement that would allow the Village to cut power to the sign lights in the event that excavation is necessary near the lights. e) Installation of conduits for the electrical feed for the lights that are straight and PZ-13-13, 475 Enterprise Drive Page 3/3 SECTION THREE: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of August, 2013. ____________________________________ Arlene A. Juracek Mayor ATTEST: _________________________________ M. Lisa Angell Village Clerk H:\CLKO\WIN\ORDINANCE2\Varaccessorystructure475ENTERPRISEDRIVEaugust2013 PROPOSED SIGN LOCATIONS FOR N COLONY APARTMENTS ALONG OAKTON ROAD MOUNT PROSPECT, ILLINOIS SCALE. 1" - 20' WE EASEMENT CONDEMNED BY METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO CIRCUIT COURT OF COOK COUNTY *75LB644 T --------------- --- - - - - -- SP"(TT HT s t 1 8 WIRES APPROXIMATE � ROW LINE TWA - 3 Tea►�tt- T P2'FAI . I2'FM — CGNC BLOCK RETAINING 8 WIRES `' ----- - - - - -- --- -�,q_ -- (SHELL PET PIPELINE) i 66 T 2 T T 663M r 2 y - -663 -663 TC-66324 — —i m OAKTON STREET SITE BENCHMARK: WEST BOLT ON FIRE HYDRANT AT SOUTHWEST CORNER OF SOUTH DELAWARE DRIVE AND ENTERPRISE DRIVE. 4 4, = 661.23 LAST DAY OF FIELD WORK: MAY 13, 2013. .;�C' + � I DATE: 06/25/2013 JOB N0: 7444 FILENAME= 7444 -SIGN PAGE 1 OF 1 l z��OIIXIV A Village of Mount Prospect M, (ff,)fitP "l Community Development Department MEMORANDUM J TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JULY 26, 2013 SUBJECT: PZ -08 -13 / 730 & 740 RAND ROAD / AMENDMENT TO PUD & VARIATIONS (PARKING & LIGHTING) / MENARDS The Planned Unit Development (PUD) for the Subject Property was last amended in 2012 to allow Menards' expansion of the garden center, warehouse, and outdoor yard (Ord. No. 6025). Variations approved as part of the 2012 amendment included a parking Variation to allow 339 parking spaces. Menards has revised the site plan in order to accommodate the required storm water detention. The revised site plan indicates 293 parking spaces would be provided, which requires a new Variation. The Petitioner also seeks Variations to the increase the lighting at the property lines and within the parking lot areas. The Planning & Zoning Commission conducted a public hearing to review the requests on Thursday, July 25, 2013, and by a vote of 6 -0, recommended approval of the following motions: A. An amendment to Ord. #6025 which granted a Conditional Use to amend the Planned Unit Development to allow the expansion of the garden center, warehouse, and outdoor yard. B. A Variation to reduce the required off - street parking to 293 parking spaces. C. A Variation to increase the illumination levels at the property lines from .5 foot - candles up to .7 foot - candles at the north property line, up to 1.2 foot - candles at the west property line, and up to 2.4 foot - candles at the south property line, D. A Variation to increase the parking lot uniformity levels from 3:1 (ave. /min.) and 12:1 (max. /min.) to 9.7:1 (ave. /min.) and 37.7:1 (max. /min.); and E. A Variation request to increase the parking lot maximum average illumination level from 2.4 foot - candles to 2.9 foot - candles. 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 August 6, 2013 meeting. Staff will be present to answer any questions related to this matter. William J, Coney, Jr., Al f P PZ 09 B VM & M Rnnd fRc J(M. n9PUD & VAR,).d— INC. July 29, 2013 Bill Cooney Director of Community Development Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 -3218 Re: PZ -08 -13 Request to Waive 2" Reading Village of Mount Prospect, Illinois Dear Mr. Cooney: Menard, Inc. is requesting the Village Board waive the second reading and take final action for case PZ -08 -13 at the August 6 2013 meeting. If there is any additional information that I can provide, please do not hesitate to contact me. Very truly yours, Menard, ;in,- Real Estate Rcpres jta�ve Menard, Inc. 5101 Menard Drive Eau Claire, WI 54703 Phone: 715- 876 -2984 Fax: 715- 876 -5998 Email: msimonds&menard- inc.com CC: Brian Simmons — Deputy Director — Village of Mount Prospect (via email) Consuelo Andrade — Senior Planner — Village of Mount Prospect (via email) 5101 MENARD DRIVE EAU CLAIRE, WI 54703 -9625 PHONE (715) 876 -5911 FAX (715) 876 -2868 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -08 -13 PROPERTY ADDRESS: PETITIONER: IRIIpIM[M%V to] i 117-11dX PIN NUMBER: Hearing Date: July 25, 2013 730 & 740 E. Rand Road Menard, Inc.- Michael Simonds July 10, 2013 03 -35- 300 - 031 -0000, 03 -35- 300 - 033 -0000, 03-35- 300 -034- 0000, 03 -35- 300 - 036 -0000, 03 -35- 300 - 038 -0000, 03 -35- 300- 032 -0000 REQUEST(S): Amend Ord. #6025 which granted a Conditional Use to amend the Planned Unit Development to allow the expansion of the garden center, warehouse, and outdoor yard & Variations (Parking & Lighting Requirements) MEMBERS PRESENT: MEMBERS ABSENT: Joseph Donnelly, Chair Tom Fitzgerald William Beattie Jacqueline Hinaber Leo Floros Sharon Otteman Keith Youngquist STAFF MEMBERS PRESENT: Brian Simmons, Deputy Director of Community Development INTERESTED PARTIES: Menard, Inc. - Michael Simonds Chairman Donnelly called the meeting to order at 7:30 p.m. Commissioner Beattie made a motion, seconded by Commissioner Hinaber to approve the minutes of the June 27, 2013 Planning and Zoning Commission Meeting; the minutes were approved 6 -0. After hearing four (5) previous cases Chairman Donnelly introduced Case PZ -08 -13 730 & 740 E. Rand Road and explained the case is Village Board final. Mr. Simmons explained the property at 730 & 740 E. Rand Road came before the Planning and Zoning Commission last year to amend the PUD to propose an expansion of the property. As the Petitioner has started the permit process they have discovered additional Variations are needed continue the project. Mr. Simmons stated the existing site conditions consist of the existing Menards property, the Lube Pros site, and the former Aldi building which has recently been demolished. Mr. Simmons explained that the 2012 plan included an expansion of the outdoor garden center and reconfiguration of the lumber yard which are on the south and north sides of the property. He also stated the property received a parking variation to reduce their required onsite parking to 339 spaces. Mr. Simmons stated the Petitioner has realized additional storm water detention is required on the site; therefore, the Petitioner has revised their plan to include more onsite detention. Mr. Simmons explained the Petitioner is requesting to construct two retention ponds on the north side of the property along Harvest Lane and Business Center Drive which will provide adequate storm water detention for the project and the impervious surface as proposed. As part of the revised plan additional parking spaces will need to be eliminated from the site. He stated the parking spaces will decrease to 293 parking spaces from 339 spaces. Mr. Simmons stated the Petitioner provided a parking study stating that similar sized local stores demanded about 200 parking spaces; therefore, Staff believes 293 parking spaces would still be adequate for the proposed location. Mr. Simmons explained the Petitioner also developed a photometric plan in order to light the property. As required by code adequate parking lot lighting and building lighting is required. As proposed the Petitioner is requesting variations to the lighting regulations including increasing the maximum lot line illumination levels along the Rand Road and Harvest Lane frontages, and also the south property line which abuts the Brunswick Zone and adjacent banquet facility. Mr. Simmons stated the Petitioner is also requesting variations to the primary parking lot area regarding the average parking lot lighting for the entire lot and the proposed uniformity levels. He showed the table below comparing the code requirements versus Petitioner's request: Mr. Simmons stated the code provides standards of how Conditional Uses can be supported he summarized the findings as: • The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; • The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; • There is adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets; and • The request is in compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. Mr. Simmons stated Staff finds the request to Amend Ord. 46025, which granted a Conditional Use to amend the Planned Unit Development to allow the expansion of the garden center, warehouse, and outdoor yard satisfies the standards for a Conditional Use. Besides the reduction in parking to Requirement Proposal _.......��.. ��. Parking Spaces .............. 339 293 Lighting _ ... ........ ..........................._.� . 7 foot- candles (north lot line) At Property Lines Max. .5 foot - candles 1.2 foot- candles (west lot line) .._.. ....._�......�..�..�______..�.. � .� Min. average .2 foot - candles 2.4 foot- candles ( sout h lot line) _ w _......W.. �....�..._.......� .3 foot - candles Parki Lot Parking Max. avera 2.4 foot - candles 2.9 foot- candles Parking Lot Max. 3:1 (avg. /min.) 9.7:1 (avg. /min) Un evels t? Max. 12:1 (max. /min.) 377 (max. min.) .:1 / .......................... ... w.... Overall Max. 5 foot - candles 2.3 foot - candles Mr. Simmons stated the code provides standards of how Conditional Uses can be supported he summarized the findings as: • The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; • The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; • There is adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets; and • The request is in compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. Mr. Simmons stated Staff finds the request to Amend Ord. 46025, which granted a Conditional Use to amend the Planned Unit Development to allow the expansion of the garden center, warehouse, and outdoor yard satisfies the standards for a Conditional Use. Besides the reduction in parking to accommodate the storm water detention, there have been no changes to the project since the project received the zoning approvals in 2012. The expansion would be in compliance with the provisions of the Village's Comprehensive Plan. The Village's Comprehensive Plan calls for the subject property to be utilized for Community Commercial land uses which encourages "large -scale big box and mixed use type developments." The proposed Menards retail building is compatible with this land use designation. The expansion project was designed in a manner to contain its operations on the Subject Property and not impede the orderly development of adjacent properties. Access to the storage area will be limited to traffic already on the property and will not provide additional access points from Harvest Lane or Rand Road. Parking lot cross connections are also provided to the parcels containing Lube Pros, Brunswick, and the Frankie's restaurant to provide for sufficient access and egress from the property. Mr. Simmons stated based off Staff's review the proposed project meets the intent of the Conditional Use Standards and therefore recommends support of the proposed amendment. Mr. Simmons addressed the lighting variations next. He stated the Variation Standards found in the code are summarized as followed: • A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; • Lack of desire to increase financial gain; and • Protection of the public welfare, other property, and neighborhood character. Mr. Simmons also stated the Petitioner requires relief from the parking regulations. He stated that Staff asked the Petitioner to provide a site plan that would show how the site could be parked in the future if the outdoor storage area and garden center were eliminated and it was strictly a retail use. He commented that parking spaces could be added back into the property that would meet the code requirements. Therefore, Staff is in support of the parking variation. Mr. Simmons stated the lighting requirements could be modified to meet code. He stated other commercial properties within the Village have been able to meet the Village's lighting requirements; therefore, the Variation requests do not meet the standards for a Variation. There are no unique circumstances at the Subject Property that would not be applicable to other commercial properties. The Staff recommends denial of this request. Mr. Simmons stated that the Village Board decision is final for this case. Chairman Donnelly inquired if staff had looked at underground water detention options as oppose to detention ponds. There was a general discussion. Commissioner Beattie questioned if the size of the stores in the parking survey conducted was comparable to the Mount Prospect store. Mr. Simmons stated that the size of the stores were comparable, if not larger than the Subject Property. There was general discussion regarding the parking requirements. Commissioner Hinaber asked if Menards has had complaints of not enough parking spaces. Mr. Simmons stated that the Petitioner could give more detail; however, the existing site shared parking with the former Aldi building and now Menards would be the sole retailer in that site. Commissioner Hinaber asked if the Village Mount Prospect has conducted a parking study similar to the one provided by the Petitioner. Mr. Simmons stated that the parking survey is required by the petitioner to act as justification for the request and that the Village doesn't conduct their own survey. Chairman Donnelly called the Petitioner to the stand. He swore in Michael Simonds 5101 Menard Drive, Au Claire Wisconsin. Mr. Simonds stated that the parking study compared the proposed expansion to two other stores similar in size and sales volume. He addressed the staff's comment regarding the underground detention as oppose to the above ground detention. He explained currently all of the detention is underground, and that the cost difference between the two is significant. He also stated that Menards is changing its philosophy and gearing towards above ground water detention ponds. Mr. Simonds addressed the comment regarding the number of parking stalls needed for the employees and customers. He assured the board that 200 parking stalls is more than enough to accommodate roughly 40 -50 employee cars and the customers. He explained the cost benefit for keeping the water detention above ground and losing some parking stalls outweighed the cost of putting in underground water detention. Mr. Simonds stated that if the site were to be sold to another developer for another use other than a home improvement store the lumber storage would be eliminated which would add to the already existing parking stalls. There was general discussion regarding the parking stalls versus more inventory in the store. Chairman Donnelly asked if they would temporarily take additional parking stall away for seasonal sales. Mr. Simonds stated Menards seasonal sales are done internally in the store. Chairman Donnelly asked if there were any further questions regarding the parking request. Hearing none he asked Mr. Simonds to address the lighting aspect of the proposal. Mr. Simonds stated that he feels the proposed photometric plan creates a safe site that is viewable by traffic. He stated the brightest points are located at the highest traffic areas on the site. He stated they consist of code compliant fixtures. There was general discussion regarding the lighting fixtures being used in the project. Mr. Simonds explained the hot spots are located off of Harvest Lane, Rand Road, and the south entrance by the lumber yard. This helps the overall safety of the site. He further explained that the hot spot located in the back south corner are contained by a roof enclosure and a fence which is also heavily landscaped to help prevent light trespass onto adjacent properties. Chairman Donnelly asked if the fixtures could be changed if residents were to complain. Mr. Simonds stated the light would be parallel the ground and be able to be adjusted if needed. Chairman Donnelly asked if there were any other questions for the Petitioner or staff, hearing none he opened the public portion of the meeting. Chairman Donnelly swore in Richard Benson 2020 Autumn Lane. Mr. Benson stated his home is immediately behind the existing wall and is the president of the Harvest Lane Homeowners Association. Mr. Benson stated it is not appropriate to have the wall bordering a residential area. He is concerned about the construction of the additional wall along Harvest Lane. Mr. Besnon inquired about the sidewalk that is along the north side of the property that the majority of the residents use. He stated the proposal suggests to modifying the sidewalk to put in a retention pond. He is concerned that this will eliminate the sidewalk. Mr. Benson stated there are issues with the existing storm water retention system that is built to hold storm water along the property lines along the fence of the property owners. He stated the underground detention system gets clogged from landscaping debris and floods when it rains heavily. Mr. Benson explained the landscaping behind the wall is not maintained and a lot of debris and dying trees remain on the property. He is concerned if the addition of the wall is approved there will be more debris and the issue will be even more out of control. He also discussed the issue of semi - trucks dropping off shipments during the middle of the night is a constant annoyance for the homeowners on Harvest Lane. Chairman Donnelly called the Petitioner to the stand to address the issues. Mr. Simonds stated the sidewalk would remain intact and that he will have a discussion with the store manager in regards to keeping the landscaping clean and maintained. He also mentioned he will talk with the engineer regarding the water detention issue. Mr. Simonds stated he doesn't have control over the semi - trucks waiting in the parking lot. They use third party drivers and have no control as to when a shipment is received. There was general discussion regarding the overflow of storm water and the area located between the wall structure and the neighboring residential area. Mr. Simonds indicated he would need to review the specifics of the storm water system with their project engineer. Commissioner Fitzgerald stated that the Petitioner should have the topics he was going to discuss with his engineer before he goes to the Village Board Meeting, Chairman Donnelly closed the public hearing portion of the meeting and brought it back to the board. Comissioner Beattie made a motion, seconded by Commissioner Fitzgerald: "To adopt Staff's findings in the staff report as the findings of the Planning and Zoning Commission and recommend approval of: A. An amendment to Ord. #6025 which granted a Conditional Use to amend the Planned Unit Development to allow the expansion of the garden center, warehouse, and outdoor yard; and B. A Variation to reduce the required off - street parking to 293 parking spaces, subject to the following conditions: 1. Development of the site in general conformance with the site plan prepared by Menards dated June 20, 2012, revised July 15, 2013. 2. Installation of a safety barrier surrounding the proposed detention basins as required by code. The safety barrier shall match in style and color the fence materials proposed for the west side of the Garden Center area. 3. Installation of landscape materials along the perimeter of each retention pond to effectively screen the ponds all year long and native vegetation tolerable of wet conditions within each pond to assist with water filtration. 4. Submittal of a detailed landscape plan that complies with Article XXII of the Zoning Ordinance which provides landscaping in areas which will be modified as part of the project and replaces any damaged or missing plantings along the east bufferyard area. 5. 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; and 6. Development of the site in accordance with all applicable Village Codes and requirements, including, but not limited to, detention requirements, Fire Prevention Code regulations, landscaping regulations, Sign Code regulations; and Building regulations. 7. Seasonal sales will not be conducted within the parking lot. UPON ROLL CALL: AYES: Fitzgerald, Beattie, Hinaber, Floros, Otteman, Donnelly NAYS: None The motion was approved 6 -0. Commissioner Hinaber made a motion, seconded by Commissioner Fitzgerald to approve the following variation requests: A. A Variation to increase the illumination levels at the property lines from .5 foot - candles up to .7 foot - candles at the north property line, up to 1.2 foot - candles at the west property line, and up to 2.4 foot - candles at the south property line. B. A Variation to increase the parking lot uniformity levels from 3:1 (ave. /min.) and 12:1 (max. /min.) to 9.7:1 (ave. /min.) and 37.7:1 (max. /min.). C. A Variation request to increase the parking lot maximum average illumination level from 2.4 foot - candles to 2.9 foot - candles. UPON ROLL CALL: AYES: Fitzgerald, Beattie, Hinaber, Floros, Otteman, Donnelly NAYS: NONE The motion was approved 6 -0. This case is Village Board Final. After hearing six (6) cases Commissioner Beattie made a motion seconded by Commissioner Otteman to adjourn the meeting at 9:40 p.m. The motion was approved by a voice vote and the meeting was adjourned. Jen m odes, Community Ads, n °trative Assistant Village of Mount Prospect Community Community Development Department CASE SUMMARY — PZ -08 -13 LOCATION: 730 & 740 E. Rand Road PETITIONER: Menard, Inc. — Michael Simonds OWNERS: Menard, Inc. PARCEL #: 03 -35- 300 -031 -0000, 03 -35- 300 -033 -0000, 03 -35- 300 -034 -0000, 03 -35- 300 -036 -0000, 03 -35- 300 -038 -0000, 03 -35- 300 -032 -0000 LOT SIZE: 13.92acres (606,279 sq. ft) ZONING: 133 Community Shopping District Planned Unit Development (PUD) LAND USE: Commercial Buildings REQUESTS: Amend Ord. 46025 which granted a Conditional Use to amend the Planned Unit Development to allow the expansion of the garden center, Nvarehouse, and outdoor yard & Variations (Parking & Lighting Requirements) LOCATION MAP Village of Mount Prospect Community Community Development Department MEMORANDUM TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION JOSEPH P. DONNELLY, CHAIRPERSON FROM: CONSUELO ANDRADE, SENIOR PLANNER DATE: JULY 11, 2013 HEARING DATE: JULY 25, 2013 SUBJECT: PZ -05 -13 / AMEND ORD. 46025 WHICH GRANTED A CONDITIONAL USE TO AMEND THE PLANNED UNIT DEVELOPMENT TO ALLOW EXPANSION & VARIATIONS (PARKING & LIGHTING REQUIREMENTS) / 730 & 740 E. RAND ROAD / MENARD, INC. (APPLICANT) BACKGROUND A public hearing has been scheduled for the July 25, 2013 Planning & Zoning Commission meeting to review the application by Menard, Inc. (the "Petitioner ") regarding the tenant space located at 730 & 740 E. Rand Road (the "Subject Property "). The Petitioner is seeking to amend Ord. 46025, which granted a Conditional Use to amend the Planned Unit Development (PUD) to allow the expansion of the garden center, Nvarehouse, and outdoor yard, and Variations to the parking and lighting requirements. The P &Z hearing Nvas properIv noticed in the JuIv 10, 2013 edition of the Journal Topics Newspaper. In addition, the Petitioner has completed the required v ritten notice to property owners Nvithin 250 -feet and Staff posted a Public Hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located on the east side of Rand Road and includes the existing Menards and Lube Pros commercial buildings Nvith related improvements. The Subject Property is zoned 13-3 PUD and is bordered by the I -1 district to the north, R -1 district to the east, B -4 district to the south, and the R -A and 13-3 districts to the Nvest across Rand Road. SUMMARY OF PROPOSAL The Subject Property originally received PUD and Variation approvals in 1989 (Ord. No. 4142). Over the Nears, the PUD Nvas amended several times. In 1993 the PUD Nvas amended to allow the existing Menards retail store (Ord. No. 4592). The PUD Nvas further amended in 1998 during the construction of the Menards store to allow the installation of a fourteen (14) foot fence -like structure (Ord. No. 4957). The PUD Nvas last amended in 2012 to allow Menards' expansion of the garden center, Nvarehouse, and outdoor yard (Ord. No. 6025). Variations approved as part of the 2012 amendment included parking and overall lot coverage. The parking Variation alloNved a reduction to the required off - street parking from 678 to 339 parking spaces. Since the 2012 zoning approvals, the building formerly occupied by Aldi grocery store Nvas demolished. Aldi relocated to Mount Prospect Plaza. Menards has submitted plans for the expansion, but has not obtained a building permit. Revisions to the plans are required to address code requirements, including storm Nvater PZ -08 -13 Planning & Zoning Commission Meeting July 25, 2013 Page 3 detention. In order to accommodate the required storm Nvater detention, the site plan Nvas revised. The revised site plan indicates 293 parking spaces Nvould be provided, which requires a new Variation. The Petitioner also seeks numerous Variations to the lighting requirements. Per the revised site plan, two retention ponds Nvould be provided along the north property line. The site plan indicates a six (6) foot tall retaining Nvall for the Nvesterly pond and a five (5) foot tall retaining Nvall for the easterly pond. The Petitioner did not submit detail draNvings for the ponds. The retaining ponds Nvill be required to provide ramps for maintenance and emergency access. Additionally, a safety barrier Nvill be required around each pond for safety purposes due to the height of the retaining Nvalls. A drop -off in excess of 30" requires the installation of a safety barrier per code. As part of the permit approval process the Petitioner Nvill be required to submit plans providing this barrier. The barrier should match in style the decorative fence located on the Nvest side of the Garden Center area. Additionally the retaining ponds, including Nvalls, Nvill be subject to review and approval by the Engineering Division. Where feasible, tiered retaining Nvalls should be utilized to reduce the overall height of the structure. The Petitioner Nvill be required to submit detail plans and structural calculations for Village Staff review. The Petitioner also failed to submit calculations for the proposed storm Nvater detention. Therefore, the Engineering Division Nvas unable to determine if the proposed volume is going to be sufficient. The Engineering Division pointed out that there are significant Village and MWRD sanitary seNvers and interceptors in the area. The MWRD has an easement over their facilities, and it is not clear if the pond(s) extends into the easement, or if the MWRD Nvould approve such an encroachment. The Petitioner should be aNvare that there may be problems Nvith the implementation even if the MWRD grant permissions. A sixty six (66) inch combined seNver overflow cuts right across the pond(s) area. It may not be possible to excavate near the pipe. Also, manholes Nvould not be permitted to be installed in the pond back or bottom to avoid maintenance and infiltration problems. While these are issues to be addressed as part of the building permit process, these comments are included as part of the Staff Report in an effort to ensure the Petitioner is aware of the concerns and requirements. The Petitioner Nvill be required to submit any required calculation and draN ings for the storm Nvater detention and retaining Nvalls as part of the building permit review process. The site plan also indicates a proposed generator. The Petitioner Nvill be required to screen the generator as required per Section 14.304.E.2.c of the Village Code. Ground mounted mechanical and utility equipment that is 6' in height or less Neill be required to be screened from view utilizing landscaping, which Nvill grow to the height of the ground based utility. Ground mounted mechanical and utility equipment that is taller than 6' in height Nvill be required to be screened from view Nvith an enclosure that is consistent Nvith the material of the principal structure and appropriate landscape materials to screen the enclosure. Landscaping The site plan provides a conceptual landscape design. As shove, the proposed landscaping Nvill not comply Nvith all the landscape requirements. Providing additional landscape plantings to screen the retention ponds will be required around each pond. Such plantings shall include shade and ornamental trees, evergreens, shrubs, and other live plating materials. In addition, native vegetation, tolerable to Nvet conditions, Nvithin the ponds Neill be required to assist in Nvater filtration. Trees provided shall not consist of fruit or female ginkgo trees, and shall be planted above the high Nvater level line. The Petitioner Neill be required to submit a detailed landscape plan that addresses the comments above and complies Nvith the landscape requirements. Paddu Per the approved parking Variation, the Subject Property is required to provide 339 parking spaces. The revised site plan replaced forty five (45) parking spaces Nvith a detention pond at the north end of the parking lot. As a result, the overall parking count Nvas decreased from 339 to 293. The Petitioner is seeking a Variation to allow 293 parking spaces. PZ -08 -13 Planning & Zoning Commission Meeting July 25, 2013 Page 4 Lot Coverage As per the approved Variation from 2012, the overall lot coverage alloNved is 89.77 %. With the replacement of some parking spaces Nvith detention, the revised site plan indicates the overall lot coverage decreased to 87 %. Lighting The Petitioner submitted a photometric plan that indicates the proposed exterior lighting for the Subject Property. The proposed screening Nvall/fence around the new outdoor storage yard located north of the building Nvill include light fixtures Nvith fifteen (15) degree cutoff angles. This Nvould be consistent Nvith the light fixtures currently located on the existing screening Nvall/fence located on the Subject Property. Per the Village Code, the Director of Community Development may approve cutoff angles greater than ninety degrees (90 °). As long as the lights are within the outdoor storage areas and do not cause glare onto adjacent properties, the proposed fifteen (15) degree cutoff angles Nvill be acceptable. All other light fixtures, including the parking lot light poles, Neill be required to include a ninety (90) degree cutoff angle. Some of the illumination levels proposed Nvould not comply Nvith Village Code requirements. The illumination levels as measured at the property lines Nvould measure up to .1 foot - candles at the east lot line, .7 at the north line, 1.2 at the Nvest lot line, and 2.4 at the south lot line. The Village Code allows up to .5 foot - candles at the lot lines abutting a nonresidential property or right of Nvay. Therefore, the Petitioner is seeking a variation to increase the illumination levels along the north, Nvest, and south property lines. The parking lot's illumination levels Nvould consist of a minimum average of 3 foot - candles and a maximum average of 2.9 foot - candles. The Village Code requires a minimum average of .2 foot - candles and a maximum average of 2.4 foot - candles for parking lots. The Petitioner is seeking a variation to increase the parking lot maximum average from 2.4 to 2.9 foot - candles. The proposed uniformity levels Nvould also require variation approval. The photometric plan indicates the parking lot's uniformity levels Nvould measure 9.7:1 (ave. /min.) and 37.7:1 (max. /min.) when the Village Code allows a maximum of 3:1 (ave. /min.) and 12:1 (max. /min.). The maximum average illumination level for the property would be 23 foot - candles, Nvhich Nvould not exceed the maximum average illumination level of 5 foot - candles permitted. The Petitioner submitted cut sheets for the exterior light fixtures. As shoN -,n on the fixture cut sheet, the CL/CS Lumark canopy light Nvould not comply Nvith the Village Code requirement because it Nvould include a drop lens. The Village Code requires all lighting mounted under a canopy, including, but not limited to, luminaries mounted on or recessed into the loNver surface of a canopy, to be full cutoff and include a flat lens. The Petitioner is not seeking relief from the Village's full cutoff flat lens requirement. Per the photometric plan, a flat lens Nvould be provided for the canopy light fixture. The Petitioner Nvill be required to provide the "C73 flat prismatic tempered glass lens" option. The existing parking lot lights do not comply Nvith Village Code. The existing parking lot light poles include a drop lens when the Village Code requires a flat lens. Per the photometric plan, the parking lot lights Neill be replaced Nvith new fixtures, which Nvill consist of full cutoff and flat lens. GENERAL ZONING COMPLIANCE The folloNving table compares the required parking and lighting regulations to the Petitioner's proposal. Requirement Proposal Parking Spaces 339 293 Lighting PZ -08 -13 Planning & Zoning Commission Meeting July 25, 2013 CONDITIONAL USE STANDARDS Page 5 The standards for Conditional Uses are listed in Section 14.203.17.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. The folloNs ng list is a summary of these findings: • The Conditional Use Nvill not have a detrimental impact on the public health, safety, morals, comfort or general Nvelfare; • The Conditional Use Nvill not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; • There is adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets; and • The request is in compliance of the Conditional Use Nvith the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. Staff finds the request to Amend Ord. 46025, which granted a Conditional Use to amend the Planned Unit Development to allow the expansion of the garden center, Nvarehouse, and outdoor yard satisfies the standards for a Conditional Use. Besides the reduction in parking to accommodate the storm Nvater detention, there have been no changes to the project since the project received the zoning approvals in 2012. The expansion Nvould be compliance Nvith the provisions of the Village's Comprehensive Plan. The Village's Comprehensive Plan calls for the subject property to be utilized for Community Commercial land uses which encourages "large -scale big box and mixed use tvpe developments." The proposed Menards retail building is compatible Nvith this land use designation. The expansion project Nvas designed in a manner to contain its operations on the Subject Property and not impede the orderly development of adjacent properties. Access to the storage area Nvill be limited to traffic alreadv on the property and Nvill not provide additional access points from Harvest Lane or Rand Road. Parking lot cross connections are also provided to the parcels containing Lube Pros, Brunswick, and the Frankie's restaurant to provide for sufficient access and egress from the property. 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 folloNs ng list is a summary of these findings: • A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property, • Lack of desire to increase financial gain; and • Protection of the public Nvelfare, other property, and neighborhood character. The project requires relief from the parking regulations. The Petitioner seeks a variation to allow 293 spaces. The Petitioner justifies this variation request by indicating their stores do not operate similar to other major retailers. 7 foot - candles (north lot line) At Property Lines Max..5 foot - candles 1.2 foot - candles (west lot line) 2.4 foot - candles (south lot line) Parking Lot Min. average .2 foot - candles 3 foot - candles Max. average 2.4 foot - candles 2.9 foot - candles Parking Lot Max. 3:1 (avg. /min.) 9.7:1 (avg.imin.) Uniformity Levels Max. 12:1 (max. /min.) 37.7:1 (max.; min.) Overall Max. 5 foot - candles 23 foot - candles CONDITIONAL USE STANDARDS Page 5 The standards for Conditional Uses are listed in Section 14.203.17.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. The folloNs ng list is a summary of these findings: • The Conditional Use Nvill not have a detrimental impact on the public health, safety, morals, comfort or general Nvelfare; • The Conditional Use Nvill not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; • There is adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets; and • The request is in compliance of the Conditional Use Nvith the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. Staff finds the request to Amend Ord. 46025, which granted a Conditional Use to amend the Planned Unit Development to allow the expansion of the garden center, Nvarehouse, and outdoor yard satisfies the standards for a Conditional Use. Besides the reduction in parking to accommodate the storm Nvater detention, there have been no changes to the project since the project received the zoning approvals in 2012. The expansion Nvould be compliance Nvith the provisions of the Village's Comprehensive Plan. The Village's Comprehensive Plan calls for the subject property to be utilized for Community Commercial land uses which encourages "large -scale big box and mixed use tvpe developments." The proposed Menards retail building is compatible Nvith this land use designation. The expansion project Nvas designed in a manner to contain its operations on the Subject Property and not impede the orderly development of adjacent properties. Access to the storage area Nvill be limited to traffic alreadv on the property and Nvill not provide additional access points from Harvest Lane or Rand Road. Parking lot cross connections are also provided to the parcels containing Lube Pros, Brunswick, and the Frankie's restaurant to provide for sufficient access and egress from the property. 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 folloNs ng list is a summary of these findings: • A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property, • Lack of desire to increase financial gain; and • Protection of the public Nvelfare, other property, and neighborhood character. The project requires relief from the parking regulations. The Petitioner seeks a variation to allow 293 spaces. The Petitioner justifies this variation request by indicating their stores do not operate similar to other major retailers. PZ -08 -13 Planning & Zoning Commission Meeting July 25, 2013 Page 6 The large Nvarehouse type design limits their parking demand and peal. seasons are limited to the spring and summer months. The Petitioner also states that the proposed parking ratio is similar to other store locations they operate and Nvould be sufficient for their needs. The Petitioner references a study that analyzed the parking at their Antioch and Long Grove stores. Each of these stores includes a 160,000 sq. ft. footprint plus 60,000 sq. ft. of Nvarehouse space similar to the Mount Prospect proposal. The study indicated that the peal. demand Nvas 200 vehicles at an -,T one time for their Long Grove store. Staff is supportive of the parking variation request as Menards is a national retailer and understands how their stores operate based on demand at other locations. Additionally, if Menards Nvere to vacate the store and another retailer occupied the building which did not require the outdoor storage area, the site can be reconfigured to meet parking requirements. The project also requires relief from the lighting regulations. Per the Petitioner, complying Nvith the Village Code's lighting regulations Nvould create an unsafe environment for guests traversing the parking lot and for local residences. The Petitioner further states the site is uniquely shaped, which limits the placement of light poles. The higher illumination levels are found in areas where pedestrians and vehicle traffic is the greatest in order to avoid accidents and keep customers safe. While Village Staff appreciates the Petitioner's concerns for safety, the Variation requests do not meet the standards for a Variation. There are no unique circumstances at the Subject Property that Nvould not be applicable to other commercial properties. The lighting information can be adjusted to comply Nvith Village Code requirements. RECOMMENDATION The proposed amendment to the PUD meets the Conditional Use standards contained in Section 14.203.17.8 of the Zoning Ordinance and parking variation meets the standards established in Section 14.203.C.9. Based on these findings Staff recommends that the Planning & Zoning Commission approve the following motions: "To adopt Staff s findings in the staff report as the findings of the Planning and Zoning Commission and recommend approval of A. An amendment to Ord. 46025 which granted a Conditional Use to amend the Planned Unit Development to allow the expansion of the garden center, Nvarehouse, and outdoor yard; and B. A Variation to reduce the required off - street parking to 293 parking spaces, subject to the folloNving conditions: 1. Development of the site in general conformance Nvith the site plan prepared by Menards dated June 20, 2012, revised JuIv 15, 2013. 2. Installation of a safety barrier surrounding the proposed detention basins as required by code. The safety barrier shall match in style and color the fence materials proposed for the Nvest side of the Garden Center area. 3. Installation of landscape materials along the perimeter of each retention pond to effectively screen the ponds all Near long and native vegetation tolerable of Nvet conditions Nvithin each pond to assist Nvith Nvater filtration. 4. Submittal of a detailed landscape plan that complies Nvith Article XXII of the Zoning Ordinance. 5. Submittal of final civil engineering draN ings for review and approval by the Village. The engineering draN ings shall include all site Nvork including utilities, storm Nvater detention, and associated improvements; and 6. Development of the site in accordance Nvith all applicable Village Codes and requirements, including, but not limited to, detention requirements, Fire Prevention Code regulations, landscaping regulations, Sign Code regulations; and Building regulations." The illumination variations do not meet the standards established in Section 14.203.C.9 and Staff recommends that the Planning and Zoning Commission recommend denial of the folloNving motions: PZ -08 -13 Planning & Zoning Commission Meeting July 25, 2013 Page 7 A. A Variation to increase the illumination levels at the property lines from .5 foot - candles up to .7 foot - candles at the north property line, up to 1.2 foot - candles at the Nvest property line, and up to 2.4 foot - candles at the south property line. B. A Variation to increase the parking lot uniformity levels from 3:1 (ave. /min.) and 12:1 (max. /min.) to 9.7:1 (ave. /min.) and 37.7:1 (max. /min.). C. A Variation request to increase the parking lot maximum average illumination level from 2.4 foot - candles to 2.9 foot - candles. The Village Board's decision is final for this case. I concur: William J. Coonev, AICP Director of Community Development H PLAN�PIwim CZonn,s COI\MM -08- 13730 -710E Rand Road Aknw d,(Ane dPUD \ dock S H INC. July 15, 2013 Village of Mount Prospect Community Development Department Attn: Consuelo Andrade 50 S. Emerson Street Mount Prospect, IL 60056 -3218 Re: Menard, Inc. Petition to Amend Ordinance 6025 Village of Mount Prospect, Illinois Dear Consuelo: Menard, Inc. is petitioning to amend Ordinance 6025, dated August 7, 2012 which was an amendment to a prior Ordinance. The enclosed is being timely submitted to be placed on the July 25, 2013 Planning and Zoning Agenda. As we have previously discussed, Menard, Inc. intends to reconfigure the northern portion of the parking lot to accommodate additional storm water storage as required pursuant to Village Code. The reconfiguration of the parking lot decreases the overall parking count, requiring Menard, Inc. to petition for a parking variance. Menard, Inc. is also seeking numerous variances from the Outdoor Lighting Ordinance and Parking Lot Lighting Ordinance. Menard, Inc. is petitioning to Amend Ordinance 6025 to allow for the following: A reduction in the requirement of total on -site parking stalls. Ordinance 6025 requires 339 parking stalls on the Menard's and former Aldi parcels. The proposed Menard's expansion provides 293 parking stalls. o The nature of Menard's use justifies 293 parking spaces rather than a higher number which will go unused. Menard, Inc. does not desire to pave several acres of land for parking that will never be utilized, just as the Village does not want several acres of unsightly, unused hard surface area paved for parking. Whereas, other retailers meet the Ordinances and construct vast parking lots to meet the Christmas rush, Christmas is not Menard, Inc.'s peak sales period. Menard, Inc.'s "busy season" is actually two seasons, spring and summer, during which time we have a steady stream of customers, and not a single spike as other retailers enjoy at Christmas. As a retailer, Menard, Inc. is not about to under -park our use. Menard's does not generate the same type of high traffic volumes that would be expected from a general retailer (Wal -Mart or Target). The total floor area also includes large display and warehousing areas as well as larger aisles for maneuvering bulky items. These features contribute to a larger building square footage and make building size a poor indicator of parking needs for this unique facility. In addition, Menard's finds that typically 10 -15% of our customers are in the rear yard area at any given time loading materials, and do not require the use of storefront parking. o During the time Aldi was present onsite the site provides 489 parking stalls, of which 189 parking stalls are allocated to the Aldi store and 300 are allocated to 5101 MENARD DRIVE EAU CLAIRE, WI 54703 -9625 PHONE (715) 876 -5911 FAX (715) 876 -2868 the Menards store. During the spring and summer months, the Menards store provides a garden center in the parking lot that occupies approximately 13 parking stalls, which brings the Menards store parking lot down to 287 parking stalls. With the proposed plans of demolishing the Aldi store and moving the garden center into the building and enclosed yard, the proposed 318 parking stalls will be adequate to serve the Menards store. The proposed plans provide an additional 31 parking stalls in comparison to what is provided today during the busy spring and summer season at the Menards store. This is an increase of 10.8 %. o Previously Village Staff had requested additional information regarding peak parking demand. Menard, Inc. provided two parking analyses we had performed in March of 2010 at the Antioch, Illinois and Long Grove, Illinois Menards stores. The Antioch and Long Grove stores are our newest prototype similar in size and merchandising selection to what is proposed in the Village. The parking numbers were adjusted accordingly to represent the peak weekend related to sales. Below is a chart summarizing the peak parking demand at each store: Friday Time P eak Parking Demand Antioch Store 12:00 PM — _._._.I 146 Long Grove Store _ 2:00 PM _ L.178 Saturday__ Antioch Store 2:00 PM 173 Long Grove Store 2:00 PM 200 The Mt. Prospect store outperforms the Antioch store, but underperforms the Long Grove store. With the data provided, we can presume required parking demand for the Mt. Prospect store will fall between the Antioch and Long Grove store peak parking demand. During a peak weekend at the Long Grove store no more than 200 parking stalls are required to meet demand. The Long Grove store provides 459 parking stalls (43.57% occupied) and the Antioch store provides 458 parking stalls (38.87% occupied). The proposed Menards expansion in Mt. Prospect provides 293 parking stalls and the parking demand on a peak weekend should not exceed 200 parking stalls (62.89% occupied) that are required at the Long Grove store for a peak weekend. Village Staff also requested information regarding the number of guests that access the enclosed yard area per day. I have attached a summary of the guests per hour that access the yard by vehicle for the week of 6/3/2012 — 6/9/2012. Variances from the following outdoor lighting regulations pursuant to §14.314 and § 14.2219 of the Village Ordinance: o Fixture Design: • All lighting fixtures with the exception of the fixtures labeled C and D on the Photometric plan on the eastern fence /wall structure provide a cutoff angle of not more than ninety degrees (90 °). • The fixtures labeled C and D on the Photometric plan on the eastern fence /wall structure have a cutoff angle of fifteen degrees (15 °). The Director of Community Development may approve cutoff angles greater than ninety degrees (90 °) upon submission of information conclusively demonstrating that the proposed lighting will not cause glare on adjacent properties. These lights are located around the lumber yard that is enclosed with the 14' fence /wall structure. These lights are angled towards the Menards building and do not cause any glare onto adjacent properties, as shown on the Photometric Plan. These lights are angled to reduce the number of lights required to illuminate the lumber yard and to provide a better balance of light distribution. Due to the unique shape and size of this parcel limit the placement of light fixtures the Director should approve the proposed cutoff angle. The lights labeled D on the Photometric plan exist onsite today and to our knowledge no one has complained about the angle of the light fixture. ■ If the Director declines this request, Menard, Inc. will seek a variance for this request. o Site Lighting ■ Parking Lot: • The Northern property line along Harvest Lane has an intensity level of 0.7 foot - candles. This intensity level is located at the Menards entrance drive. • The Western property line along Rand Road has an intensity level of 1.2 foot - candles. This intensity level is located along the Rand Road right of way. • The Southern property line has an intensity level of 2.4 foot - candles. This intensity level is located at the Menards entrance from the adjoining development to the south. • The light intensity at the property line abutting the nonresidential property and right of way exceeds 0.5 foot - candles, as shown on the Photometric Plan and mentioned above. Menard, Inc. is seeking a variance from this ordinance because in order to comply the parking lot and associated drive aisles would have to be unusually dark, creating an unsafe environment for the guests shopping the store, traversing the parking lot and for local residences. This site is uniquely shaped and limits the placement of light poles throughout the site. The granting of these variances will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. The granting of these variances will not impair an adequate supply of light and air to adjacent properties or increase the congestion of the public streets or diminish property values within the neighborhood. The Menards redevelopment should increase the value of properties in the area. ■ Illumination Levels and Uniformity (Parking Lot): • The proposed Max /Min uniformity ratio is 37.7:1. Code requires a 12:1 ratio. • The proposed Avg. /Min ratio is 9.7:1. Code requires a 3:1 ratio. • The proposed maximum illumination level is 11.1 foot - candles. Code requires a 2.4 foot -candle maximum illumination level. • Menard, Inc. is seeking a variance from these sections of the Ordinance because we feel it creates an unusually dark and unsafe environmental for the guests shopping the store and local residences. The area with the "max" is located near the main drive aisle in front of the store where pedestrians and vehicle traffic is the greatest. Lighting is essential here to avoid any accidents and to keep Menards guests, employees and local residents safe. The granting of this variance will not be detrimental to the public welfare or injurious to other property or improvements in the area. The granting of this variance will not impair visibility to the adjacent property or increase the danger of traffic problems or endanger the public safety. If these variances are not granted Menard, Inc. will suffer from a hardship in that our guests, employees and local residence will have difficulties seeing and will create an unsafe environment. If there is any additional information that I can provide, please do not hesitate to contact me. Very truly yours, Menard -In+ . Mike i mo s Real Estate 'ative Menard, Inc. 5101 Menard Drive Eau Claire, WI 54703 Phone: 715- 876 -2984 Fax: 715- 876 -5998 Email: msimondskmenard- inc.com La1 e.k : A , r3 ; E DESCRIPTION Q COOPER LIGHTING LUMARK@ �a`�����I���r, The Lumark Tribute is the most versatile, functionally designed, universally adaptable outdoor luminaire available. The Tribute brings outstanding performance to walkways, parking lots, roadways, loading docks, building areas, and any security lighting application. U.L. listed and CSA certified for wet locations. MPTR- 3F- 350 -277V Mt. Prospect 07/15/2013 SPECIFICATION FEATURES Construction Rugged one -piece die -cast aluminum housing and door frame. One -piece silicone gasket protects the optical chamber from performance degrading contami- nants. One (1) stainless spring latch and two (2) stainless hinges allow toolless opening and removal of door frame. Reflector Choice of nine (9) high efficiency optical distributions, including five (5) segmented optical systems constructed of premium 95% reflective odized aluminum sheet. Optical segments are rigidly mounted inside a thick gauge aluminum housing for superior protection. All segment faces are clean of rivet heads, tabs or other means of attachment which may cause streaking in the light distribution. Optical modules are field rotatable in 90° increments and offered standard with mogul base lampholders for High Pressure Sodium and 200 -40OW Metal Halide assemblies or medium -base lampholders for Meta[ Halide 150W and below. Electrical Ballast and related electrical componentry are hard mounted to die -cast housing for optimal heat transfer and operating efficiency. Optional swing -down galvanized steel power tray with integral handle and quick disconnects allows tray to be completely removed from housing providing ample room for fixture installation and maintenance. Mounting Extruded 8" aluminum arm features internal bolt guides for easy positioning of fixture during installation to pole or wall surface. Standard single carton packaging of housing, square pole arm and round pole adapter allow for consolidated product arrival to site. Optional internal mast arm mount accepts a 1 1/4" to 2 3/8" O.D. horizontal tenon, while a 4 -bolt clamping mechanism secures fixture. Cast -in leveling guides provide + / -5° vertical leveling adjustment. Finish Housing and arm finished in a 5 stage premium TGIC bronze polyester powder coat paint. Optional colors include black, grey, white, dark platinum and graphite metallic. RAL and custom color matches available. TR TRIBUTE 70 - 40OW High Pressure Sodium Pulse Start Metal Halide Metal Halide AREA LUMINAIRE C ©MPLIAN I FC- O DIMENSIONS 6 1/2" [165 p mml __J L 15 1/2" [394mml DRILLING PATTERNS TYPE "M" 2516" [59mm] 3/4" [20mm] dia. hole 1 121116"[124mml 4 7/8" [124mm] (2) 5/8" [16mm] dia. holes WALL MOUNT(MAl219 -XX) TRUNNION MOUNT [CitilSuxwrxu) - [124mm] 10 1/2" [267 mm] 7/16" [12mm] 13/32" jl6amnm] u x 3/4" [20mml [11 mml '__ _ 9116" [14mml slot (2) slot " 8,» Dia. Hole (4) L ]203namp 139mr 3" [77mm].._.. awrm Lighting Specifications and Dimensions subject to change without notice. Consult your representative for additional options and finishea, . www.cooperlighting.com TECHNICAL DATA UL Wet Locations Listed C`5A Certified EISA Compliant ENERGY DATA Hi-Reactance Ballast Input Watts 70W HPS HPF (95 Watts) 10OW HPS HPF (130 Watts) 15OW HPS HPF (190 Watts) 150W MP HPF (185 Watts) CWI Ballast Input Watts 25OW HPS HPF (300 Watts) CWA Ballast Input Watts 175W MH HPF (210 Watts) 20OW MP HPF (227 Watts) (9) 20OW HPS HPF (250 Watts) 25OW MH HPF (295 Watts) 25OW MP HPF (283 Watts) OO 320W MP HPF (365 Watts) O 350W MP HPF (397 Watts) 40OW MP HPF (452 Watts) Q 40OW MH HPF (455 Watts) 40OW HPS HPF (465 Watts) EPA Effective Projected Area: (Sq. Ft.) Without Arm 1 'l9 SHIPPING DATA Approximate Net Weight: 39 lbs. (17.73 kgs.) y arp� 1 tianP ADH082320 02/28/2011 4:06:28 PM 6b6 OO COOPER LIGHTING - LUMARK° ` ,M' DESCRIPTION The Lumark Canopy Light combines lasting durability and excellent photometrics. CSA certified for wet Iocations.The Canopy Light mounts quickly to a variety of surfaces, making it ideal for covered walkways, convenience store /service station canopies and enclosed parking areas. SPECIFICATION FEATURES Construction HOUSING: CL housing is constructed of heavy -gauge aluminum. CS housing is constructed of durable steel welded construction. GASKET: Fully gasketed door frame seals out contaminants. DOOR: Hinged door provides easy access for maintenance and relamping and door can be removed to simplify installation. Electrical BALLAST: High power factor ballast with class H insulation. CL construction is listed for 40 °C ambient environments. CS construction is listed for 25 °C ambient environments. Optics Optical system features an injection - molded prismatic lens with internal prisms and white highly reflective internal surface, Finish Weather- and abrasion - resistant white polyester powder coat finish. CL/CS CANOPY LIGHT 100 - 40OW High Pressure Sodium Pulse Start Metal Halide Metal Halide CANOPY LUMINAIRE TECHNICAL DATA UL Wet Location Listed CSA Certified EISA Compliant ENERGY DATA Reactor Ballast Input Watts 10OW HPS HPF (118 Watts) 10OW MP HPF (128 Watts) 15OW HPS HPF (175 Watts) DIMENSIONS ................ - - -- —� Pulse Start Metal Halide ( MP) 100, 150, 200, 250, 32 0, 350, 40OW Metal Halide (MH) 10" [254mml L=20 - 6" [532mm1 .__..._...._��. 100 150, 250, 40OW Square LAMP TYPE ........................... WATTA Pulse Start Metal Halide ( MP) 100, 150, 200, 250, 32 0, 350, 40OW Metal Halide (MH) 175, 250, 40OW High sure Sodium (HP) 100 150, 250, 40OW C Lighting www.cooperlighting.com High Reactor Ballast Input Watts 150W MP HPF (185 Watts) CWI Ballast Input Watts 175W MH HPF (223 Watts) 250W HPS HPF (300 Watts) 25OW MH HPF (300 Watts( 40OW HPS HPF (465 Watts) 40OW MH HPF (475 Watts) CWA Ballast Input Watts 175W MH HPF (210 Watts) 20OW HPS HPF (250 Watts) 200W MP HPF (227 Watts) O 250W MP HPF (283 Watts) 320W MP HPF (365 Watts) O 40OW HPS HPF (465 Watts) 40OW MH HPF (455 Watts) 40OW MP HPF (452 Watt) OO SHIPPING DATA Approximate Net Weight: 44 lbs. (20 kgs.) ADHO82287 pc 2012 -01 -12 12:28:38 Day -Brits IES ROAD REPORT PHOTOMETRIC FILENAME: SBX40M3G.IES DESCRIPTIVE INFORMATION (From Photometric File) IESNA:LM -63 -1995 [TEST] SBX40M3G [DATE] 06/02/98 [MANUFAC] PHILIPS DAY -BRITE [LUMCAT] SBX400M- MC3 -MCLGS [LUMINAIRE] NITE BRITES SBX AREA /SITE LIGHT [MORE] TYPE III MEDIUM CUTOFF [MORE] W /GLARESHIELD [BALLAST] ADVANCE 71A6091 [LAMP] 40OWMH CHARACTERISTICS IES Classification Longitudinal Classification Cutoff Classification (deprecated) Lumens Per Lamp Total Lamp Lumens Luminaire Lumens Total Luminaire Efficiency Downward Total Efficiency Luminaire Efficacy Rating (LER) Maximum Candela Maximum Candela Angle Maximum Candela ( <90 Degrees Vertical) Maximum Candela Angle ( <90 Degrees Vertical) Maximum Candela At 90 Degrees Vertical Maximum Candela from 80 to <90 Degrees Vertical Total Luminaire Watts Ballast Factor Type II Short Cutoff 36000 (1 lamp) 36000 20723 58% 58% 52 14519 65H 65V 14519 65H 65V 32 (0.1% Lamp Lumens) 713 (2.0% Lamp Lumens) 397 1.00 Photometric Toolbox Professional Edition - Copyright 2002 -2011 by Lighting Analysts, Inc. Calculations based on published IES Methods and recommendations, values rounded for display purposes. Results derived from content of manufacturers photometric file. k tiw Page 1 VILLAGE OF MOUNT PROSPECT COMMUNITY DEVELOPMENT DEPARTMENT — PIRining Division 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847.818.5329 . N 1 3 (11 Zoning Request Application VU .... A Z- Request(s): Z-01 Conditional Use for - - -- ❑ Zoning Map Amendment: From to Variation from Sec. ❑ Text Amendment: Section(s) (Office Only) P ®Otherr Amendment to an approved UD F • P & Z Final 13 - • Village Board Final W W a Summary of Requested Action(s): Please See Attached z z N Teleph one(day) Mike Simonds - Real Estate Representative (715) 876 -2984 z Corporation Telephone (evening) F O Menard, Inc. U of Street Address Fax W " 5101 Menard Dr. 715- 876 -5998 City State Zip Code Email ~" Eau Claire WI 54703 msimonds(a),menard- inc,com Interest in Property Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org l TDD 847.392.6064 x Name Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Standards for the Zoning O Request Approval (attach additional sheets if necessary) Corporation W .. �.............................. Please See Attached O� O Street Address z _...... .. ................... z _._.. _.... _ .� ....... �.� .... ............................... ........ i city State I Zip Code Telephone (day) Telephone (evening) Fax Email Address(es) (Street Number, Street) 740 E. Rand Road Mt. Prospect, IL Lot Area (Sq.Ft) Zoning - District Total Building Sq. Ft,. 593,919 B -3 PUD Setbacks: Z Front Rear Side 0 20 10' F Building Height Lot Coverage ( %) Standard Parking Spaces 30' 1 1/2" 483 0 Adjacent :. Land Uses -- North South East W I -1 and B -3 B -4 PUD R -1 F ` Property Index Number(s): Z Please See Attached - F (attach additional sheets if necessa rvl Legal Description (attach additional sheets if necessary) W Please See Attached Sq. Ft. Devoted to Proposed Use Side 10' Accessible Parking Spaces 15 West . . . . . . .......... .......- owner same as applicant Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 2 TDD 847.392.6064 Proposed Land Use (as listed in the zoning code's land use table)�� Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Standards for the Zoning Request Approval (attach additional sheets if necessary) --------------- ...... W .. �.............................. Please See Attached O� a s _...... .. ................... z _._.. _.... _ .� ....... �.� .... ............................... ........ �o F _._._ ......... ............. _ W............_ _. . ............., U Hours of Operation Mo -Sat: 6:30 AM -10 :00 PM Sun: 8:00 AM -8:00 PM . . . . . . .......... .......- owner same as applicant Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 2 TDD 847.392.6064 Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 3 TDD 847.392.6064 Address(es) (Street w ) t Number, Street 740 E. Rand Road Mt. Prospect, IL W C) Lot Area (Sq.ft) Zoning District Total Building Sq. Ft. Sq. Ft. Devoted to Proposed A F 593,919 B -3 PUD Use L' Setbacks: p0, C Front Rear Side Side p 20' 10' 10' xz p Building Height Lot Coverage ( %) Standard Parking Spaces Accessible Parking Spaces 30' 1 1/2" 88.06% 318 8 De Developer Name Menard, Inc. Name Telephone (day) 715- 876 -2984 .......715 5101 Menard Dr. Address _........._........._..�.. -876 5998�� ._. �� ..... �� ..... � Fax Eau Claire, WI 54703 Email msimonds @menard- inc.com Attorney Name Telephone (day) Address Fax _ _ ........................................._.......... __. ....................... w_ 6666 Email Surveyor z Name Telephone (day) ' Address Fax rs Email Engineer Knoche Engineering Name Telephone (day) 630 - 845 -1270 24 N. Bennett Address _... Fax 630 - 845 -1275 Geneva, IL 60134 Email Architect Name Telephone (day) Address ........_......_ .................... �................................ ............................._. Fax Email _ ............._. Landscape Architect Name Telephone (day) Address_ ............... ............................... Fax . ................. .._....................._._..-_ Email Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 3 TDD 847.392.6064 Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Community Development Department's Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and completeness at the time of submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agent's permission to enter on the property during reasonable hours for vos 1 inspection of r . tli� ,`eq proMty. I hereby affirm accurate to the Applicant Print Name Mike Simonds -Real Estate If applicant is not property owner: all materials submitted in association with this application are true and �- Date vc- Menard, Inc. I hereby designate the applicant to act as my agent for the purpose of seeking the zoning request(s) described in this application and the associated supporting material. Property Print Name (signature) Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois www.mountprospect.org 4 Date Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 Affidavit of Ownership 6w Ga��r2 COUNTY OF-f,6 ) [Jt5 CON Stn ) STATE OFD ) I, ?qV \ /�G� �1 �� s (` w6 Cpe P MAC COVA0 under oath, state that I am the sole ) an ftSQn4 -qk Q, ) owner of the property an authorized e ) commonly described as 7 `� �''" 2 °°�� '��`' Vj and that such property is owned by as of this date. Subscribed and sworn to before me this I Z day of _ ................n.. ..... ......�......................,1 20(. Notary Public 1�tf c I n 5s, 6 Pef,rq ') rnh LIC I Ila a� Signature . .F ,)UN "13 2013 Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 11 TDD 847.392.6064 u z M z z co uw z z as ii No Lo z u u Q w C12 cl) I s NH - UD— In co Ir R d rHa Z. A. cs -Z -o Z I: p I T 7:xFfTT I NOIlIGGV 3sn0,3dVM M. .... ... .... 1111, . .. . .. . .. . .. . .. . .. . .. . ..... ............. z Z 11CM u z I - Z z 1 . % z I - 0 0 \%\14 z P 51 lic 31 a It OL C LLJ cn RA '16 k : o o 3 o z C11 , I o < N N z < < 3 u - w �z < 9 < 9 WZ oo n S m ao =N Z . ., , Z Zp N Z v v Z �Q 0° a- Pamm .gi —9ARl(l ZllLN21J—SS3NlSfl — — e 0 w II d d b I:I I v y v w v....w wVii atiwR II A p I Ott All 1 HAW 8 II dS IIdSIII �, �. 3 ..... I .. J 11 TIM 101111 f HM o r ]71 Cn 00 �?- 1 00 Uff f a z Y � 2 s� sg F s L'a ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 4142, AS AMENDED BY ORDINANCE NOS. 4592, 4957 AND 6025 RELATIVE TO A CONDITIONAL USE PERMIT (PLANNED UNIT DEVELOPMENT) AND VARIATIONS FOR PROPERTY LOCATED AT 730 AND 740 EAST RAND ROAD WHEREAS, Menards, Inc — Michael Simonds ( "Petitioner ") has filed a petition to amend the Planned Unit Development (PUD) being the subject of Ordinance No. 4142, approved February 6, 1990, as amended by Ordinance No. 4592, approved October 5, 1993, by Ordinance No. 4957, approved August 18, 1998 and by Ordinance No. 6025 approved August 7, 2012 for a Conditional Use permit and Variations with respect to property at 730 and 740 East Rand Road, ( "Property"), and legally described as follows: PIN(s) Menards: 03 -35- 300 - 031 -0000 03 -35- 300 - 032 -0000 03 -35- 300 - 033 -0000 03 -35- 300 - 034 -0000 03 -35- 300 - 036 -0000 03 -35- 300 - 038 -0000 Lot A in Reese's Addition to Mount Prospect, a Subdivision of part of the North West % of the South East % of Section 35, Township 42 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois, excepting there from the following described parcels: Commencing at the Northeast corner of said Lot A; thence on a assumed bearing of North 89 degrees 52 minutes 36 seconds West, along the North of Lot A, 28.90 feet to the point of beginning; thence continuing North 89 degrees 52 minutes 36 seconds West on the Northerly Line of Lot A, 323.48 feet; thence South 29 degrees 49 minutes, 11 seconds East, 237.42 feet; thence North 60 degrees 10 minutes, 49 seconds, 280.53 feet; thence North 29 degrees 59 minutes, 21 seconds West, parallel with the East line of said Lot A, 75.96 feet to the point of beginning; and Commencing at the Southeast corner of Lot A; thence West on the South line of Lot A, a distance of 594.07 feet to the point of beginning; thence Northerly, perpendicular to said South line of said Lot A, a distance of 120 feet; thence Southwesternly on a line perpendicular to the Westerly line of Lot A, a distance of 221.81 feet to said Westerly line; thence Southeasterly on said Westerly line 10 feet of the Southwest corner of Lot A, thence East on the South line of Lot A, a distance of 186.81 feet to the point of beginning; and Beginning at the intersection of the Easterly right -of -way line of Rand Road and the West line of the Northwest' /4 of the Southwest % of Section 35; thence North along the West line of said Northwest %4 of the Southwest' /4 of Section 35, a distance of 253.37 feet to a point, said point also being the Northwest corner of Lot 1, in Kamysz Subdivision, thence East along a line parallel with the North line of said Southwest Y4 a distance of 20.00 feet to a point; thence South and parallel with the West line of said Northwest % of the Southwest Y4 a distance of 241.71 feet to a point; thence Southwest along a line a distance of 23.05 feet to the point of beginning, in Cook County, Illinois. PIN(s): 03 -35- 300 - 032 -0000 That part of Lot A in Reeses' Addition to Mount Prospect, a subdivision of part of the Northwest quarter of the Southwest quarter of Section 35, Township 42 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois, described as follows: commencing at the Northeast corner of said Lot A; thence on an assumed bearing of North 89 degrees 52 minutes 36 seconds West, along the North line of Lot A, 28.90 feet to the point of beginning; thence continuing North 89 degrees 52 minutes 36 seconds west on the Northernly line of Lot A, 323.48 feet; thence South 29 degrees 49 minutes 11 seconds East, 237.42 feet; thence North 60 degrees 10 minutes 49 seconds East; 280.53 feet; thence North 29 degrees 59 minutes 21 seconds West, parallel with the East line of said Lot A, 75.96 feet to the point of beginning. and WHEREAS, the Petitioner seeks (1) a Conditional Use to amend the Planned Unit Development (PUD) Ordinance 4142 to allow the expansion of the Menards garden center, warehouse and outdoor yard; (2) a Variation to reduce the required off - street parking to 293 parking spaces; (3) a Variation to increase the illumination levels at the property lines from .5 foot - candles up to .7 foot - candles a the north property line, up to 1.2 foot candles at the west property line and up to 2.4- candles at the south property; 4) a variation to increase the parking lot uniformity levels from 3:1 (ave. /min) and 12:1 (max. /min) to 9.7:1 (ave. /min.) and 37.7.1 (max. /min.); and 5) a variation request to increase the parking lot maximum average illumination level from 2.4 foot - candles to 2.9 foot candles for the property located at 730 and 740 E. Rand Road; and WHEREAS, a Public Hearing was held on the request to amend the Conditional Use permit with Variations being the subject of PZ -08 -13 before the Planning and Zoning Commission of the Village of Mount Prospect on the 25 day of Jul, 2013, pursuant to proper legal notice having been published in the Journal & Topics Newspaper on the 10 h day of July, 2013; and WHEREAS, the Planning & 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- 08 -13; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request and have determined that the same meets the standards of the Village and that the granting of the proposed amendment to the Conditional Use permit and Variations would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: Ordinance No. 4142 granting a Planned Unit Development (PUD) Conditional Use permit, passed and approved on February 6, 1990, as amended by Ordinance No. 4592, passed and approved October 5, 1993, as amended by Ordinance No. 4957, passed and approved August 18, 1998 and as amended by Ordinance No. 6025 is further amended by granting (1) a Conditional Use to amend the Planned Unit Development (PUD) Ordinance 4142 to allow the expansion of the Menards garden center, warehouse and outdoor yard; (2) a variation to reduce the required off - street parking to 293 parking spaces; (3) a Variation to increase the illumination levels at the property lines from .5 foot - candles up to .7 foot - candles a the north property line, up to 1.2 foot candles at the west property line and up to 2.4- candles at the south property; 4) a variation to increase the parking lot uniformity levels from 3:1 (ave. /min) and 12:1 (max. /min) to 9.7:1 (ave. /min.) and 37.7.1 (max. /min.); and 5) a variation request to increase the parking lot maximum average illumination level from 2.4 foot - candles to 2.9 foot candles as shown in the Photometric Plan for exterior lighting; attached as Exhibit 1 for the property located at 730 and 740 E. Rand Road. SECTION THREE: Approval of the Variation to reduce the required off - street parking is subject to complying with the following conditions: 1. Development of the site in general conformance with the site plan prepared by Menards dated June 20, 2012, revised July 15, 2013; attached as Exhibit 2. 2. Installation of a safety barrier surrounding the proposed detention basins as required by code. The safety barrier shall match in style and color the fence materials proposed for the west side of the Garden Center area. 3. Installation of landscape materials along the perimeter of each retention pond to effectively screen the ponds all year long and native vegetation tolerable of wet conditions within each pond to assist with water filtration. 4. Submittal of a detailed landscape plan that complies with Article XXII of the Zoning Ordinance which provides landscaping in areas which will be modified as part of the project and replaces any damaged or missing plantings along the east buffer yard area. 5. 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; and 6. Development of the site in accordance with all applicable Village Codes and requirements, including, but not limited to, detention requirements, Fire Prevention Code regulations, landscaping regulations, Sign Code regulations; and Building regulations. 7. Seasonal sales will not be conducted within the parking lot. SECTION FOUR The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance and Exhibits 1 and 2 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: NAYS: ABSENT: PASSED and APPROVED this day of August, 2013. Arlene A. Juracek Mayor ATTEST: M. Lisa Angell Village Clerk H: \CLKO \WIN \ORDINANCE2\Amend Con UsePUDmenard4592 &49576025aug2013.doc k § � ■ ' | |� § li t ;] \/ /(�§ |e §E § k\ | 2 � gam /k o k� n ; § ■ � � E ��@ � ��( �)\§ §§ ■� /tm |;R H/R § \ \�� Z" |, ,V� � /§" \ \���� )§ � R | , �§ ■ C � ■ � � ame =wu —sz mo� , ƒ k + � z # a s / @ \ � � • ♦ e� � � � Um cq ILI ;h.2 v= Nil I V I . .. ... r La II ® o ' �- 1��� � a �Ja ad . ............... vaa c a mm Lj i; v sa.i =1 Mount Prospect Public Works Department INTEROFFICE MEMORANDUM 0 ;�� - fo k r r 4 TO: VILLAGE MANAGER MICHAEL E. JANONIS FROM: TRAFFIC ENGINEER DATE: JULY 24, 2013 SUBJECT: JULY TRANSPORTATION SAFETY COMMISSION MEETING BURNING BUSH LANE PARKING REGULATIONS NEAR INDIAN GROVE The Transportation Safety Commission transmits their recommendation to prohibit stopping, standing, parking along the east side of Burning Bush Lane between Cree Lane and Burr Oak Drive on school days from 8:00AIVI — 4:001 At the end of this past school year, St. Thomas Becket Church contacted the Village with concerns of cut through traffic in their parking lot by school related vehicles. They also said it is difficult for their parishioners to exit their driveway with vehicles parked on the east side of Burning Bush Lane during the school day. The Engineering Division observed traffic during multiple school days and noted other traffic related issues in addition to those expressed by the church. The Engineering Division and Police Department met with the principal of Indian Grove Elementary School and discussed all of the issues. Based on our discussion, the school formally requested that parking be prohibited during school hours along the east side of Burning Bush Lane between Cree Lane and the church's north driveway. Prohibiting parking can have several positive impacts on traffic and pedestrian safety at the school. First, it will reduce the potential for students to cross the street at unmarked locations. Without waiting parents in their vehicles on the east side of Burning Bush Lane, students will less likely cross the street midblock. Second, thru traffic will be able to pass on the right (along the curb) rather than move into the oncoming traffic lane. During the school day (particularly at afternoon dismissal), motorists were observed traveling in the oncoming traffic lane or cutting thru the church parking lot in order to avoid the queue of vehicles waiting to enter the school parking lot to drop- off /pick -up a student. Third, the church should experience less cut thru traffic since neighborhood traffic will be able to more easily pass by vehicles waiting to turn into the school parking lot. The Engineering Division supported the school's request even though it would be a loss of approximately eight on- street parking spaces. According to the school, most of the vehicles that park in the affected area belong to teachers or volunteer parents. There are available on- street parking spaces at other locations along Burning Bush Lane between Cree Lane and Tano Lane that should not negatively impact the neighborhood. The school may also be able to work out an agreement with the church that allows school faculty to park in the church parking lot during the school day. As part of the study, St. Thomas Becket Church was notified of the school's request. The church had no objection and welcomed any change that would alleviate their concerns. The issue was then presented at the July 8, 2013 Transportation Safety Commission Meeting. There was no one in page 1 of 2 July Transportation Safety Commission Meeting July 24, 2013 attendance to speak on the issue. All Commission members supported the school's request and the Engineering Division's recommendation to prohibit parking during school hours along the east side of Burning Bush Lane. However, much of the discussion focused on the four on- street parking spaces between the church's north driveway and Burr Oak Drive. The school had asked that these four on- street parking spaces remain for parents. The area is close to the crosswalk at Burr Oak Drive that is monitored by a volunteer crossing guard. The crossing guard makes sure students and parents near the crosswalk use it when crossing the street. Losing these spaces would displace even more vehicles potentially creating new issues on other streets. The Engineering Division did not object to keeping these on- street parking spaces. Some of the Commission members, however, believed the entire block should have signs that prohibit parking during school hours. They argued that it may be difficult for some neighborhood motorists to maneuver around the queue of vehicles waiting on the street at the school parking lot and then move back into the travel lane before reaching the four parked vehicles near Burr Oak Drive. They would favor having the additional distance free of parked vehicles to give more time to motorists to negotiate back into the travel lane. Some Commission members also were concerned that students may still cross the street not at the Burr Oak Drive crosswalk should the four on- street parking spaces remain. By a vote of 5 -4, the Transportation Safety Commission recommends the following: • prohibit stopping, standing, parking along the east side of Burning Bush Lane between Cree Lane and Burr Oak Drive on school days from B:OOAM — 4:OOPM. (Section 18.2009A) Please include this item on the August 6 th Village Board Meeting Agenda. Enclosed are the Transportation Safety Commission Minutes from the meeting as well as an engineering drawing for your reference. Matthew P. Lawrie `' Attachment c: Director of Public Works Sean Dorsey Deputy Director of Public Works Jason Leib Village Engineer Jeff Wulbecker Village Clerk Lisa Angell h: l engineering) trafficlsofety__commission )recommendations ITSC julyl3rec. docx page 2 of 2 BURNING BUSH LANE PARKING REGULATIONS NEAR INDIAN GROVE ELEMENTARY VILLAGE OF MOUNT PROSPECT z F �* is q EXISTING F DINANCE DROP -OFF/ K -UP ONLY SCHOOL D !$ 8AM -4PM 'INDIAN GRAE �. ELEMENTA Y . m z z CREE LN I �. W BURR OAK DR ST THOMA §,. BECKET If r NO STOPPING, STANDING, PARKING SCHOOLDAYS 8AM -4PM STAFF RECOMMENDATION + TSC RECOMMENDATION It Mount Prospc Director Sean P. Dorsey Mount Prospect Public Works Department 1700 W. Central Road, Mount Prospect, Illinois 60056 -2229 MINUTES OF THE MOUNT PROSPECT TRANSPORTATION SAFETY COMMISSION DRAFT CALL TO ORDER Deputy Director Jason H. Leib The regular meeting of the Mount Prospect Transportation Safety Commission was called to order at 7:01 p.m. on Monday, July 8, 2013. ROl I rAl I Present upon roll call: John Keane Chuck Bencic Angel Campos Robert Fisher Justin Kuehlthau Carol Tortorello Bob Smith Brian Lambel Jeff Wulbecker Matt Lawrie Chairman Commissioner Commissioner Commissioner Commissioner Commissioner Police Department Representative Fire Department Representative Public Works Representative Traffic Engineer —Staff Liaison Absent: None Others in Attendance: None APPROVAL OF MINUTES Commissioner Fisher, seconded by Commissioner Campos, moved to approve the minutes of the regular meeting of the Transportation Safety Commission held on June 10, 2013. The minutes were approved by a vote of 9 -0. CITIZENS TO BE HEARD There was no one in attendance that spoke on an issue not on the agenda. TSC Meeting Page 1 of 6 July 8, 2013 OLD BUSINESS Commander Smith informed the Commission that the Police Department attempted multiple times to contact the resident who attended last month's meeting and raised the issue of a parking ticket he received on Cottonwood Lane. The resident has not returned the Police Department's phone calls. NEW BUSINESS A. BURNING BUSH LANE PARKING REGULATIONS NEAR INDIAN GROVE ELEMENTARY SCHOOL 1) Background Information At the end of this past school year, St. Thomas Becket Church contacted the Village with concerns of cut through traffic in their parking lot by school related vehicles. They also said it is difficult for their parishioners to exit their driveway with vehicles parked on the east side of Burning Bush Lane during the school day. The Engineering Division observed traffic during multiple school days and noted other traffic related issues in addition to those expressed by the church. The Engineering Division and Police Department met with the principal of Indian Grove Elementary School and discussed all of the issues. Both the school and church are supportive of addressing the various vehicle and pedestrian issues prior to the start of the upcoming school year. Current Traffic Regulations 1. Drop -off and pick -up is allowed along the west side of Burning Bush Lane in front of the school but long -term parking is prohibited during school hours. 2. Signs are in place prohibiting parking at all times on both sides of Burr Oak Drive near Burning Bush Lane (within 30' of intersection). 3. The school prohibits left turns from their parking lot onto Burning Bush Lane during the morning drop -off and afternoon pick -up periods. 4. The intersection of Burning Bush Lane & Cree Lane is regulated with STOP signs in all directions. 5. The intersection of Burning Bush Lane & Burr Oak Drive is regulated with a STOP sign on Burr Oak Drive. 6. The speed limit on the neighborhood streets is 25 mph. There is a 20 mph school speed limit zone on Burning Bush Lane in front of the school. 7. Parking is prohibited between 2:OOAM and 6:OOAM on all Village streets. Current Layout 1. Burning Bush Lane is approximately 38' wide (back -of -curb to back -of- curb). 2. Burr Oak Drive is approximately 31' wide (back -of -curb to back -of- curb). 3. Cree Lane is approximately 27' wide (back -of -curb to back -of- curb). 4. Indian Grove Elementary School is on the west side of Burning Bush Lane between Burr Oak Drive and Cree Lane. 5. The driveway in front of the school is used exclusively by buses. 6. The school creates two drop -off and pick -up lanes in the parking lot for parents. 7. Burning Bush Lane is narrowed at Burr Oak Drive and has pedestrian crossing signs and crosswalks. 8. The intersection of Burning Bush Lane and Cree Lane has pedestrian crossing signs and crosswalks. TSC Meeting Page 2 of 6 July 8, 2013 Current Traffic Conditions 1. The school parking lot is not large enough to accommodate all long -term parking. Some teachers and staff park on Burning Bush Lane during the school day. 2. Most parents drop -off and pick -up their child in the school parking lot. Other parents park on Burning Bush Lane near Burr Oak Drive and on Burr Oak Drive. 3. Once the waiting queue of parents in the parking lot reaches Burning Bush Lane during the afternoon pick -up, some parents choose to wait on the roadway blocking thru traffic. 4. A school staff member directs traffic at the parking lot entrance. She helps to facilitate traffic in and out of the lot and assists pedestrians along the sidewalk. 5. A volunteer serves as a crossing guard at Burning Bush Lane and Burr Oak Drive. 6. A change in school district policy has eliminated free busing for students. As a result, more parents are choosing to drive students to school compared to years past. r'nnrarnc 1. With vehicles parked on the east side of Burning Bush Lane and other vehicles waiting to turn into the parking lot, thru traffic cannot proceed past the school. Some motorists choose to cut through St. Thomas Becket while others cross the double yellow line and travel in the oncoming traffic lane. 2. Some parents park on the east side of Burning Bush Lane and students cross the street not at a marked crosswalk. Seeing students cross mid -block can be unexpected for motorists. 3. Vehicles entering the parking lot during the afternoon pick -up often are stopped on the sidewalk once the queue reaches Burning Bush Lane. 4. The school staff member directing traffic at the parking lot entrance is often positioned on Burning Bush Lane in conflict with vehicles. 2) Observations 1. The Engineering Division observed school traffic on multiple occasions at the end of this past school year. 2. During the morning drop -off period the queue of vehicles in the parking lot never reached Burning Bush Lane. This allowed for efficient turning into the parking lot and for thru traffic to continue on Burning Bush Lane. 3. During the morning drop -off period students were observed walking across Burning Bush Lane at unmarked locations after being dropped -off by a parent on the east side of the street. 4. After dropping off a child in the morning some motorists (4 -6) turned right out of the school parking lot then cut through the church parking lot in order to head north on Burning Bush Lane. 5. Greater congestion on Burning Bush Lane was observed during the afternoon pick -up period. In the northbound direction on Burning Bush Lane, vehicles were queuing to Cree Lane. To avoid the back -up some motorists cut through the church parking lot and others drove around in the southbound lane. 6. There were approximately 8 vehicles parked along the east side of Burning Bush Lane that would be displaced by parking regulations. Most of the vehicles appeared to belong to staff or teachers. 7. Open parking near the school was available on the west side of Burning Bush Lane between the school parking lot and Cree Lane. Parking was also available on Cree Lane, Burr Oak Drive and in front of Burning Bush Trails Park. 8. During dismissal time some students crossed Burning Bush Lane at unmarked locations. Other students had a difficult time walking along the public sidewalk with vehicles stopped on it waiting to get into the school parking lot. TSC Meeting Page 3 of 6 July 8, 2013 9. The school staff member appeared to have a difficult time both directing traffic in and out of the school parking lot as well as assisting students along the sidewalk. The Police Department and Engineering Division has since spoken with the principal and asked that the staff member no longer stand in the street and direct traffic. It raises liability concerns and can be dangerous for the staff member. She has been instructed to only assist students walking along the sidewalk in front of the lot driveway. 3) Resident Survey As part of the study, a survey was sent to St. Thomas Becket Church soliciting their input on this issue. They did not return a completed survey. However, in a recent phone conversation with the church's secretary, the church is supportive of any action to reduce the amount of cut through traffic in their parking lot. In her opinion, prohibiting parking on the east side of Burning Bush Lane during school hours will also improve the sight lines for parishioners exiting onto the street. They have a positive relationship with the school and will continue to work with them. 4) Recommendations Prohibiting parking on the east side of Burning Bush Lane during school hours can have several positive impacts on traffic and pedestrian safety. First, it will reduce the potential for students to cross the street at unmarked locations. Without waiting parents in their vehicles on the east side of Burning Bush Lane, the goal is to have the marked crosswalks at Burr Oak Drive and Cree Lane exclusively used for crossing the street. Second, thru traffic will be able to pass on the right (along the curb) rather than move into the oncoming traffic lane. Third, the church should experience less cut through traffic since thru traffic will be able to more easily pass by vehicles waiting to turn into the school parking lot. It is recommended parking be prohibited from Cree Lane to the north driveway of the church on the east side of Burning Bush Lane. On- street parking is recommended to remain further north in order to minimize the loss of parking. Approximately 8 vehicles will be displaced but there are other available on- street locations to park. The school can also consider asking permission from the church to park in their lot during the day to free up on- street parking and parking spaces in the school lot. To clarify, it is recommended that both long -term parking and drop- off /pick -up be prohibited along the east side of Burning Bush Lane. Simply prohibiting parking (per Village Code) would still give the opportunity to a motorist to stop and wait without exiting the vehicle. Therefore, it would be important that the signs and Village Code prohibit stopping, standing and parking. This is similar to other streets in the Village adjacent to elementary schools. If approved by the Transportation Safety Commission and Village Board of Trustees, the Engineering Division would have the appropriate signs in place before the start of the new school year in August. The school would notify parents of the change in their newsletter and the Police Department would be present to educate parents of the new parking regulations during the first week of school. 5) Discussion Chairman Keane introduced the item and asked Traffic Engineer Lawrie to present the Engineering Division's report and recommendations. TSC Meeting Page 4 of 6 July 8, 2013 Traffic Engineer Lawrie provided the Commission with background, observations and recommendations. There was no one in the audience to speak on the issue. Chairman Keane questioned why the Engineering Division did not recommend eliminating narkina flirthar north to Burr flak Drive on the east side of Burning Bush Lane. Traffic Engineer Lawrie explained in working with the school there was a balance in eliminating the necessary parking spaces to alleviate the congestion on Burning Bush Lane while preserving spaces so as to not push vehicles to other streets. He said the school desired to keep the parking spaces between the north driveway of the church and Burr Oak Drive, and the Engineering Division did not object. He reiterated that the crossing guard does a good job in making sure students cross at the crosswalk at Burr Oak Drive and not at other locations. Commissioner Bencic expressed concern that by eliminating parking on the east of the street there may be the potential of vehicles travelling northbound side by side (two lanes). He would prefer to see the parking spaces north of the driveway also eliminated to give motorists time to maneuver back into a single travel lane. Commander Smith understood the concern but said it would be illegal for motorists to drive side by side without the marking of two lanes. Commissioners Fisher and Campos also said they would prefer to see parking eliminated to Burr Oak Drive on Burning Bush Lane. Commissioner Fisher said it would be easier for buses to turn into the bus driveway without vehicles parked near Burr Oak Drive. Traffic Engineer Lawrie explained that those that park in the four spaces between the church driveway and Burr Oak Drive are often parent volunteers that are there for the entire day. Eliminating these parking spaces will force them to other streets where residents may not want to see on- street parking. He also said he believes there is sufficient maneuvering distance ("'150') to go around a queue of vehicles waiting to turn into the school parking lot and shifting to the travel lane to avoid parked vehicles north of the church driveway. Commissioner Kuehlthau felt that motorists need to take responsibility to drive safe near the school. He thought the four parking spaces near Burr Oak Drive could be kept without creating any safety issues. Commissioner Tortorello questioned why the school isn't required to provide adequate parking spaces on their property. Village Engineer Wulbecker responded the school recently did expand to provide additional parking but the school district is not governed by Village requirements. There was some discussion as to whether the school could expand the parking lot further but there is currently a barrier at the west end of the school that would prevent an easy expansion of the lot. Commissioner Bencic made a motion to prohibit stopping, standing, parking on school days from B:OOAM — 4:OOPM along the east side of Burning Bush Lane from Cree Lane to Burr Oak Drive. The motion was seconded by Commissioner Tortorello. Village Engineer Wulbecker preferred to allow on- street parking to continue on Burning Bush Lane between the church's north driveway and Burr Oak Drive. He said the parked vehicles forces thru traffic to get into the travel lane before reaching the crosswalk at Burr Oak Drive. He and Commander Smith expressed concern that motorists could drive along the curb and unexpectedly move into the travel lane right before Burr Oak Drive if the four additional parking spaces were removed. TSC Meeting Page 5 of 6 July 8, 2013 Chairman Keane countered and said he is concerned that students could still cross the street not at the crosswalk if the four parking spaces remain. Battalion Chief Lambel said the Fire Department supports eliminating on- street parking near the school parking lot. It would allow emergency vehicles to more easily travel Burning Bush Lane. However, he supports leaving the four parking spaces near Burr Oak Drive as the school needs on- street parking and eliminating them %A/MIId simply move vehicles to other ctreetc Ha commented the original recommendation addresses the issue at hand and believes there is not a need to eliminate more parking spaces than necessary. Commander Smith and Commissioner Kuehlthau suggested keeping the four parking spaces near Burr Oak Drive and revisiting the issue in the future if a problem arose. Chairman Keane asked if there were any more comments from the Commission. Hearing none, he asked for each member to vote individually. Those in favor of the motion were Chairman Keane, Commissioner Bencic, Commissioner Tortorello, Commissioner Fisher and Commissioner Campos. Those opposed were Commissioner Kuehlthau, Village Engineer Wulbecker, Commander Smith and Battalion Chief Lambel. The motion was approved by a vote of 5 -4. COMMISSION ISSUES Commissioner Fisher said he was approached by a couple of residents concerned about the sidewalk on Prospect Avenue between Main Street and Emerson Street. He was told the brick pavers were uneven in places and needed attention. Village Engineer Wulbecker said there is an annual maintenance program to restore the downtown streetscape. He said he would pass along the information to the Streets Division at Public Works. i Commissioner Fisher asked if there is a requirement for solicitors to obtain a permit before going to houses in the Village. Commander Smith said there is not a requirement but would review the issue with Police Department staff. ADJOURNMENT With no further business to discuss, the Transportation Safety Commission voted 9 -0 to adjourn at 8:06 p.m. upon the motion of Commissioner Bencic. Commissioner Campos seconded the motion. Respectfully submitted, Matthew P. Lawrie, P.E. Traffic Engineer h:\ engineering\ traffic\ safety_ commission \recs &mins \TSC- julyl3min.docx TSC Meeting Page 6 of 6 July 8, 2013 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18 ENTITLED 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 Section 18.2009A, "SCHEDULE IX PARKING DURING SCHOOL HOURS is hereby further amended by adding the following: "Name of Street Side of Street Description Burning Bush Lane East SECTION TWO: That 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 August 2013. ________________________________ Arlene A. Juracek Mayor ATTEST: ________________________________ M. Lisa Angell Village Clerk Mount Prospect Public Works Department INTEROFFICE MEMORANDUM TO: VILLAGE MANAGER MICHAEL E. JANONIS DATE: JULY 30, 2013 SUBJECT: SURPLUS PUBLIC WORKS' PROPERTY (SCRAP METAL) TO BE SOLD During the past few months the Village has accumulated a supply of surplus personal property (scrap metal) that is no longer used or needed. The Village has completed several projects including office remodeling, sewer repairs and vehicle repairs that have resulted in a larger volume of scrap metal. Attached is a detailed list of the items to be declared surplus and an ordinance that authorizes the Village to sell the surplus items through the methods defined in the attached Exhibit A. Scrap metal is taken to a scrap metal recycler that pays the Village per pound of material delivered. The rates offered depend on the type of metal and due to the nature of a commodity rates may vary day to day. Based on current pricing, Cozzi O'Brien offers the best pricing for scrap steel and thus scrap steel will be taken to O'Brien's facility in Franklin Park. All other materials including brass, copper and aluminum will be taken to Lake County scrap, which is currently offering the best individual unit pricing. However, if pricing should change the material would be taken to the recycler offering the highest individual unit pricing. Please refer to Exhibit A for a detailed list of the quantities to be recycled and current pricing. Attached is an ordinance declaring miscellaneous personal property (Exhibit A) as surplus. With your concurrence, I would like to present this ordinance to the Mayor and Board of Trustees for their consideration at the August 6, 2013 Village Board Meeting. Jason H. Leib i. Attachments Personal Property Items List Exhibit A 8.6- 2013.xlsx Exhibit A Est. Qty Item Description Unit Price (per; (b) Est. Value Each Method of sale Althernate Method of Sale 10,000 Ibs Steel $ 0.05 $ 500.00 Cozzi O'Brien Vendor Offering Highest Price 200 Ibs Brass Meters $ 2.00 $ 400.00 Lake County Scrap Vendor Offering Highest Price 50 Ibs Electrical Wire $ 1.70 $ 85.00 Lake County Scrap Vendor Offering Highest Price 100 Ibs Aluminum $ 0.45 $ 45.00 Lake County Scrap Vendor Offering Highest Price ORDINANCE NO. AN ORDINANCE AUTHORIZING THE SALE OF SURPLUS PERSONAL PROPERTY OWNED BY THE VILLAGE OF MOUNT PROSPECT WHEREAS, pursuant to Section 11 -76 -4 of the Illinois Municipal Code (65 ILCS 5111- 76-4), the Corporate Authorities of the Village of Mount Prospect may dispose of personal property owned by the Village when, in the opinion of a simple majority of the Corporate Authorities, such property is no longer necessary or useful to, or for the best interests of, the Village; and WHEREAS, President and Board of Trustees of the Village of Mount Prospect deem it no longer necessary, useful or in the best interests of the Village to retain the personal property described in Exhibit A, which is attached hereto and incorporated herein. 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 ITS HOME RULE POWER: SECTION ONE: The personal property, described in Exhibit A, is declared to be surplus personal property because it is no longer necessary, useful or in the best interests of the Village to retain. SECTION TWO: The Village Manager, or his designee, is authorized to dispose of the Surplus Property in the manner described in Exhibit A. 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: Arlene A. Juracek Mayor ATTEST: M. Lisa Angell Village Clerk Personal Property Items List Exhibit A 8.6- 2013.xlsx Exhibit A Est. Qty Item Description Unit Price (per; (b) Est. Value Each Method of sale Althernate Method of Sale 10,000 Ibs Steel $ 0.05 $ 500.00 Cozzi O'Brien Vendor Offering Highest Price 200 Ibs Brass Meters $ 2.00 $ 400.00 Lake County Scrap Vendor Offering Highest Price 50 Ibs Electrical Wire $ 1.70 $ 85.00 Lake County Scrap Vendor Offering Highest Price 100 Ibs Aluminum $ 0.45 $ 45.00 Lake County Scrap Vendor Offering Highest Price Village of Mount Prospect Community Development Department MEMORANDUM .qudl n O,dI r �Irt� al TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JULY 29, 2013 SUBJECT: 451 KINGSTON COURT — CLASS 6B RENEWAL Attached to this memorandum is a resolution that would grant approval of a renewal of a Class 6b property tax incentive for White Way Signs at 451 Kingston Court in the Kensington Business Center. The renewal would be for an additional 12 years and would enable White Way Signs to maintain their facility in Mount Prospect. The Village has granted several Cook County Class 6b tax incentives to attract and retain businesses. The 6b incentive reduces the assessment level for qualified manufacturing and warehouse /distribution facilities from 25% to 10% for the first 10 years, 15% for year 11 and 20% in year 12. After year 12, the assessment level returns to the full 25% for the benefitting property. The 6b incentive can also be renewed for additional 12 year terms if supported by the Village. The Village has supported the renewal of six of these incentives in recent years. White Way currently employs 43 individuals at this facility, 3 of whom reside in Mount Prospect. In addition, White Way generates a limited amount of sales tax that benefits the Village. They are requesting the Class 6b abatement to maintain their taxes at around $1.60 per square foot for the portion of their building that qualifies for the abatement. If the extension is not granted they estimate that their tax bill would rise to $3.65 per square foot. Similar properties in nearby Lake and DuPage County range from $1 to $1.50 per square foot. Please forward this memorandum to the Village Board for their review and consideration at their meeting on August 6th. Staff will be present at that meeting to further discuss this matter. �� William J. Cooney Jr. EUGENE L. GRIFFIN & ASSOCIATES, LTD, LAW OFFICES 29 NORTH WAG7CER DRIVE, SUITE 650 OHROAGO, ILLINOIS 60606.3215 (312) 865.5050 F'ACBIDIIT E July 25, 2013 (312)866.5048 WRITERS DUZEOT DIAL NUA ®ER 855 -5021 Mr. William Cooney Community Development Director Community Development Department Village of Mount Prospect 50 South Emerson Street Mount Prospect, Illinois 60056 Re: Request for Cook County Class 6(b) Incentive Renewal Cabot II — IL1M08, LLC, as Owner White Way Sign, as Tenant 451 Kingston Court, Mt. Prospect Wheeling Township — Volume 235 Perm. No. 03 -35- 200 -068 Dear Mr. Cooney: Cabot II — IL1 M08, LLC, as Owner and White Way Sign, as Tenant of the above - referenced property, are seeking a Class 6(b) Tax Incentive Renewal. The original Class 6(b) Tax Incentive was approved in 1995 based on new construction, specifically an addition that was added to the existing structure. This addition and the land there under are the only land and improvements benefiting from the Class 6(b) Incentive, The Class 6(b) Incentive was renewed in 2003. Cabot II — IL1 M08, LLC, purchased the subject property in 2005. At the time of purchase, the subject property was vacant, unoccupied and non - income producing. On June 1, 2007, White Way Sign & Maintenance Co. (Tenant) signed a Lease at the subject property which terminates December 31, 2014. Under the terms of the Lease, the tenant is responsible for the payment of real estate taxes. Attached is a copy of the current Lease Agreement. Currently White Way Sign employs 43 employees of which 3 live in the Village of Mount Prospect. Furthermore, White Way generated $60,000 in sales tax for 2012 out of this location. For 2013, so far their sales tax is $37,000. EUGENE L. GRIPPIN & ASSOCIATE S, 1,MD. Mr. William Cooney -2- July 25, 2013 The 2011 /pay /2012 real estate taxes at the subject property were $108,036. Without the Class 6(b) renewal, the level of assessment at the subject property will increase to 15% in 2013, 20% in 2014 and 25% in 2015. The estimated real estate taxes as a result of the removal of the Class 6(b) Incentive are as follows: 2013 @ 15% $113,996 ($3.31 per square foot) 2014 @ 20% $119,956 ($3.48 per square foot) 2015 @ 25% $125,916 ($3.65 per square foot) As stated previously, the tenant's Lease is up for renewal in 2014. The landlord and tenant have begun preliminary discussions regarding the Lease renewal, however the tenant has expressed concerns regarding renewal of the 6(b) Incentive, and are unlikely to renew their Lease if the Class 6(b) Incentive is not renewed. I have attached a copy of the Cook County Assessor Class 6(b) Renewal Application. We appreciate your consideration in this matter and if you have any questions or require any additional documentation, please do not hesitate contacting me. Very truly yours, SFG /mis Enclosures EUGENE L. GRIFFIN & ASSOCIATES, LTD, Ste p e F. Griffin Property Tax Analyst cc: Mr. Stephen Vallarelli Mr. Brad Otis EUGENE E. GRIFFIN & ASSOCIATES, ETD. LAW OFFICES 29 NORTH WAC=R DRIVE, SUITE 650 CHICAGO, ITX IN OIS 60 60 6 -3215 (312) 855.5050 FAC s (3121 8 December 28 2012 8 5.F 55 -5048 WRITERS DMECT DIAL NLiMBER 855 -5021 Mr. Curtis Tillman Specific Properties Analyst Cook County Assessor's Office Incentives Department 118 North Clark Street Chicago, Illinois 60602 Re: Class 6(b) Property Tax Incentive Renewal Cabot II — IL1 M08, LLC 451 Kingston Court, Mount Prospect Wheeling Township — Volume 235 Perm. No. 03 -35- 200 -068 Dear Mr. Tillman: Cabot II — IL1 M08, LLC, is requesting a second renewal of the Class 6(b) Tax Incentive for the above - referenced parcel. The original resolution approving the 6(b) Property Tax Incentive was approved in 1995 and renewed in 2003. We have enclosed the following documents in connection with our 6(b) renewal request: 1, Cook County Assessor's 6(b) Renewal Application; 2. $500.00 filing fee. We have contacted Brian Simmons, Deputy Director of Development for the Village of Wheeling regarding municipal approval of the 6(b) renewal. This matter will be taken up before the Village Board at their February 2013, meeting. If you have any questions regarding this matter or wish further clarification, please do not hesitate to call. Very truly yours, EUGENE L. GRIFFIN & ASSOCIATES, LTD. Stephe F. Griffin Property Tax Analyst SFG /mis Enclosures coot o COOK COUNTY ASSESSOR'S OFFICE COOK COUNTY ASSESSOR 118 NORTH CLARK STREET, CHICAGO, IL 60602 JOSEPH B E R R I O S PHONE: 312.443.7550 FAx: 312.603.3352 " WWW.COOK000NTYASSESSOR.COM CLASS 613/8 Control Number RENEWAL APPLICATION A certified copy of the resolution or ordinance obtained from the municipality in which the real estate is located, or from the Cook County Board if located in an unincorporated area, must accompany this Renewal Application. This application, a filing fee of $500.00, and supporting documentation (except drawings and surveys) must be filed. For assistance in preparing this Renewal Application, please contact the Assessor's Office, Development Incentives Department, (312) 603 -4137. I. Identification of Applicant Name: Cabot II - ILl IM08, Federal Employer Identification Number: Address: One Beacon Street, City, State, 36- 2694048 (61)7) 305 -6123 Suite 1700 Boston, MA Email Address: svallarelli @cabotprop.com Agent/Representative (if any) Name: Terrence J. Griffin Chicago, Illinois Address: 29 North Wacker Drive, Suite 650 City, State: Zip Code: 02108 (312) 855 -5066 Telephone:( ) Zip Code: 60606 Email Address: t'griffin @grlfflnlaW.COm II. Description of Subject Property Street address: 451 Kingston Court City, State: Wheeling, Illinois Township: Wheeling Zip Code: 60056 03 -35- 200 -068 f Property Index Number(s): OFFICE OF GUUNW ASSESSCIR E02111V. - D DEC &2 8 2012 LLC Telephone 1 of 3 INCENTIVES DEPT. 12/3/2012 III. Identification of Persons or Entities Havina an Interest Attach a current and complete list of all owners, developers, occupants and other interested parties (including all beneficial owners of a land trust) identified by names and addresses, and the nature and extent of their interest. Attach legal description, site dimensions and square footage, and building dimensions and square footage. Attach a current and detailed description of the precise nature and extent of the use of the subject property, specifying in the case of multiple uses the relative percentages of each use. If there have been any changes from the original application, include current copies of materials which explain each occupant's business, including corporate letterhead, brochures, advertising material, leases, photographs, etc. V. Nature of Development Indicate the nature of the original development allowing the Class 6B /8 designation [ ] New Construction [ ] Substantial Rehabilitation [ ] Substantial Rehabilitation of Abandoned Property — Not Purchased For Value [ ] Occupation of Abandoned property — Purchased For Value [ ] Occupation of Abandoned Property — Purchased For Value in combination with New Construction or Substantial Rehabilitation VI. Employment How many permanent full -time and part -time employees do you now employ in Cook County? Full -time: 43 Part-time: 0 2 of 3 12/3/2012 VII. Cook County Livinq Wage Ordinance ( For Industrial Proiects Only) X Please mark the space to the left in order to confirm that the applicant has obtained and reviewed a copy of the Code of Ordinances of Cook County, Chapter 34, Article IV, Division 1 and The Cook County Living Wage Ordinance, Sec. 34 -127 et seq., as amended (the "Ordinance "). Please mark the appropriate blank below to indicate which statement applies to the applicant. X Applicant is currently paying a living wage to its employees, as defined in the Ordinance. OR Applicant is not required to pay a living wage, pursuant to the Ordinance. VIII. Local Approval A certified copy of a resolution or ordinance from the municipality in which the real estate is located (or the County Board, if the real estate is located in an unincorporated area) must accompany this renewal. The ordinance or resolution must expressly state that the municipality supports and consents to this Class 613/8 Renewal and has determined that the industrial use of the property is necessary and beneficial to the local economy. I, the undersigned, certify that I have read this Renewal Application and that the statements set forth in this Renewal Application and in the attachments hereto are true and correct, except as those matters stated to be on information and belief and as to such matters the undersigned certifies that he /she believes the same to be true. Signature Terrence J. Griffin Print Name Attorney Title December 28, 2012 Date 3 of3 12/3/2012 III. IDENTIFICATION OF PERSONS OR ENTITIES HAVING AN INTEREST A. Owner: Cabot II ILIMO8, LLC One Beacon Street, Suite 1700 Boston, Massachusetts 02108 Mr. Stephen Vallareli (617) 305 -6123 B. Occupant/Tenant: White Way Sign 451 Kingston Court Wheeling, Illinois 60058 Mr. Willard D. Martens CFO (847) 391 -0200 EXHIBIT A LEGAL DESCRIPTION LOT 6 AND TEE NORTH 18.0 FEET OF LOT 5 THERE IN KENSINGTON CENTER RESUBDIVISION TWENTY -FIVE IN PART OF THE NORTHEAST 1 14 OF SECTION 35, TOWNSHIP 42, NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT FILED FOR RECORD ON FEBRUARY 1, 1989 IN THE OFFICE OF REGISTRAR OF TITLES AS DOCUIV= LR3 770802, ALL IN COOK COUNTY, ILLINOIS. PROPERTY ADDRESS: 451 KINGSTON; MOUNT PROSPECT, ILLINOIS PROPERTY INDEX NUMBER' M-35-2b0-067-0000" SITE AND BUILDING INFORMATION Site Dimensions: 132,180 Sq. t North: 473.77' South: 457.33' , East: 298.00' West: 272.87' Building Dimensions: 34,475' IV. PROPERTY USE The subject property is currently occupied by White Way Sign. White Way Sign sells signs for commercial and sports /arena applications. White Way also provides inspection and maintenance services on a contract basis. White Way's primary products are illuminated signs /letters, message centers and scoreboards. The subject property is White Way Sign's only location. 50% of the building is used for general office space for its sales, administrative and support staff. The remaining building area is used for electrical assembly, neon sign manufacturing and stock room for electrical parts. n ENTERAV 'V N" 4111 1, , riyqy�,qa�' There is something to 6 said for troditi con ", 111,i 'I While u ay Sign and Mainlencince Co. founded y b ombs In 19 Despite our drani'dutgrow1h 9s! Wjj PP, custom sign corn'Pony n)he'U,S and America does busines0oda philo sophy i6ins. �nbriiciikabl 1 ;ii out p i osop y yy�'!' I We beNeve in, quo lily ;siqnage hr us ra u, y,'consjrucId&6Ud' b and constantly ' N" We are commilled to lhe �consicirri'ev 6 'Y' ""d gn arls.":, esprse"""" brash and visually illiterate s*ighs more 'than ",',b1hi, "I" N . .. ..... .. .. OS any Ing M, s' w e6t vice'�5 e pursue excellence,, Ex'ceflent des' " A sign is a highly visible calling card for the corrIpa`n' P r Therefore, it must compliment its 1 9 1 , in cc g " of identification, bur success over the years conies from iou r f6rAie," i6iwiii crud rr��a`ge "it 'cern6s4r6rn III e' � so`l Isf cic" o ' our product represents to the public, P . . ... . customers have for their signs. 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" ':. w k ' e --vaa ^! 4 ^4. ; .k2 i w k�& C �` u R y "JkR M..,,k r'v kh p ,;.J'�'� ! hM, " a 4r: q, k w 4a x n.;,',. r Po .,'✓ b r k �""d"m,rt„4f m'n, r. > -.r Gr "r',. fi4ep"'z arsJ,j,u,sll ,.,+,5� "I .;. ✓ rr . ..,,;;� {74 ""?Jk a 1mm ui x vrad i:. k f.E tr M'":r k G �"♦�dd ,e k'` „n° s .k -"'4 �°� r Yr 1 �'., '^ 1 a ar �"r.. 'M1` +,m ~(r �aK��� kTk"a rxI va M t...8 ! , ar 9 a +' n. r5 r�' -t r^ a a r ti a o 7, 1 r r.` 3 � r. • °. r� .. i . �++wu�w+i^aaY!¢'7riw'm "xr+"n ra^�� ..'n-,nw rra�t�r raw, cNwm wrrt' �' �c"`+• �++' w" rrrewm�rnvra ^�±�rre�rr�.+'c'y*,�rr �r.�*axzrww^a^rr�as' �,reF��'�q'rwwe�rr��mrcw'yeyr ' FULL COLOR 16mm MESSAGE CENTER ,pIV (INDOOR and OUTDOOR) White Way Sign's 16mm full color display systems p i (indoor and outdoor) are the latest in a long line of my� �• r � electronic message center products that White Way Sign has developed and installed across the nation. This customer communication solution provides k businesses, casinos, and sports venues with the r r k capability of displaying full color animations and a k�r hnar" messages to the public. Each display is made in -house by our highly skilled w . rk • technicians and thus guarantees White Way's high quality and cost effective standard of excellence. yk l�M1 I t r C .............. . Your full color message center can be customized to ourspecific needs. Each module is "buttable and M. stackable" thus allowing a wide array of sizes and n � dimensions. Nn q x 9"M1�1 vr.l�IX�w. iV.k�4v �." y, / �Y� �ri��l�m �'n° • Become a member of the White Way family today by calling or e- mailing us to get more information on the right full color message center for you. e centers, For more information on full color message g call White Way Sign Company at (847) 391 -0200 or e -mail us at sales @whiteway.com. WHITE WAY SIGN 451 KINGSTON! COURT, MOUN1 PROSPFCT, IL 60056 • 847 -391 -0200 • FAX 847 -391 -0099 800 -621 -4122 • wwvvw11heway.com • sales @whiteway.com i I E Every day thousands of potential customers view your most prominent and effective source of prornotion, your SIGN. Your sign is your most visible calling card. It is responsible for the first impression a potential customer has before he ever comes through your door. An investment in a maintenance program with White Way will insure that your image will be presented in it's best light at all times. Out maintenance services provide: • Monthly inspection of your sign • A fleet of fully stocked service vehicles • 24 hour telephone availability, 7 days a week • All lamps and ballasts included • All neon and 'transformers included • Complete annual cleaning, interior & exterior • Unlimited service calls for one flat rate We encourage our customers to be finicky and lo call for service as frequently as is necessary at no additional expense. WH11TE 9M 451 Kingston Court, Mount Prospect, !L 60056 ° (847) 391 -0200 FAX (847) 391 -0099 (800) 621 -4122 www.whiteway.com o Email; sales @vahiteway.com 5/08 A BRIGHT FUTURE White Way Sign - the largest custom illuminated sign company nationwide - continues to transform and evolve after four generations of family ownership. — KIRSTEN SRINiVASAN M A BIG BELIEVER THATA BUSINESS NEEDS TO 13F REM vented every zo years," says Bob Flannery 111, White Way Sign vice president of sales and marketing. And reinvention is certainly a common therne throughout the fourth - generation family business' history. Flannery's great - grandfather, an Trish immigrant and World War I veteran, founded White Way Sign in Chicago in 192;. White Way offered sign maintenance services, primarily to "the great theater marquis," recounts Bob Flannery 111. The company got its name from the bright theater lights on the Great White Way of` Broadway in the tyzos. White Way Sign was strictly a maintenance business for this niche until the movie market started In dim in the 19405 and ',gos. " invention of TV threatened the theater industry," Flannery states. "A lot of the theatres started to close, so my great - grandfather had to figure out a way io keep business going. He noticed that car dealerships and shopping centers started to pop up. That's when he decided to take the mainte- nance. business and complement it with a sign design and man ufacturing business. Making the ogy) was away for us to ulti- mately rinaintain the sign and establish strong relationships with our customers." The company became a dominant player offering design, man ufacturing and maintenance of signs for private husinesseb throughout Chicago and from Indiana to Milwaukee, he. says, l - he introduction of the microcomputer in the 19705 help(d W'ilice Way offer "big, electronic signs and make them affordable for that small, privately held business and small enlrepreneul, Flannery says. "We were able to provide our'art'to car clealorships, PRONLE banks and theaters by erecting white Wa Si N4195:N' ?ill!'N:Ir:YP7J aesthetically pleasing elerlroniC Headquarters: Chicago signs with scrolling message cen- Employees: 150 - ters. Later in the '70s, we started Services: Custom signs and rnaintenance seeing zoning restrictions which Boll Flannery iii: - nn abio again made us rethink how we did believer the[ a business business. Ladybird Johnson start- needs to be reinvented every ed the Highway $eautification r 4oyears Ida US BUSINESS REVIEW q+: Act. It was difficith fear us to roake Ilse big, beautiful Signs we had been making for so long, We took our trade an expasaded into the sports venue ,market, where we did not have ironing restrictions. Around 198o, the company ente into the scoreboard mar ket and began a scoreboard division. it was challenging, Flanneti dotes. Remember, the first 60 years of otu busioess, we were a Chicago contlaany orvly," he explains. "As we tried to get into 11 scctrebuard marl((, meeting with professional sports owners ,1nd collegW atliledc, directors, ,we'd wall, into a room and they'd say, 'White Way who ?' It was a difficult battle. Now, a new stadium is being built and we arc right there, bidding every single one. It's something we are proud of." White \Aay nnoved into ilscurrent 2 ,oc )0'square- f0ot facility ill 1947, Jcnday, the company is a tnal'ionatl player with score- boards everywhere frona univt^rsiiy ,aaaliurns to Yankee Staciiurrl. Flartiiery say$ the comp�•ttly has done., signs for about too staalinilts. "We've, 'incorporated electronics into Wrigley Field, U.S. Cellulat Field, Madison Square Garden, Shea Staadittln - you name it. 'Ibday, il's about 30 percent our business," he says. "The maintenance business is still our bread and butter. All of N n' t•trst011'tcrs l aity us mc,nthly to keep their signs work- ing properly, A sign Is a business' calling card and it is up to its to keep that l.oublic image for that business looking as profes- sional and atf.apaiding as possible The conipany has "extremely small" turnover, he says. "Since our company's founding, we have had five employees celebrate their 50-year anniversaries," he says. "in today's world, people seem to jump from job to job and there are always greener pas- tures with another company. That is not the case at While Way Sign, We give away at least one or two gold watches for 25 -year anniversaries every year. We have. second- and third- generation employees here." He says the company tries to treat employees well and reward therti when times are good. "1Ne have always tried to hire peo- ple who are better at what they do than we are," he says. "We realize our business can not be here without them, When we sell a sign to a stadium or your barbershop down the street, that sign is touched by everybody inside the company. That's some thing we are proud of. "We earl lake our kids and loved ones clown the street and Say 1 had something to do with that." And the signs are like the "who's who of Chicago," he says. The company is responsible for sighs for the Chicago Theater, LaSalle Bank Theater, local sports arenas and "go percent of the expressway signs you see ;,Jong major freeways," he notes. "We. are the largest custom sign company in America, specializing in illuminated signage." iii addition, the company is one of the fete electronic sign companies io do all of its work in -house and offer maintenance as hell. White Way also maintains signs made by competitors. "We consider ourselves the Mercedes of the sign industry," Flannery boasts. "We may be a, little more expensive initially but the quality and cost savings over time are worth, i An aver- age White Way sign lives for basically 20 years because it is properly maintained and monitored." ■ 30% brighter than ... conventional Models You are sure to appreciate the newest patent - pending innovation from our R &D team: the first omni- directional SMD LED on the market, Whereas traditional LEDs can emit light on one side, our 360- degree lightning, Bug LED emits light in all directions, increasing brightness by 30 percent. Total monthly capacity for this LED is 1.00 million units, so your large volume orders are welcome. The top brands in consumer electronics from Korea and Japan rely on our quality and newly developed features. They appreciate that our lead -free LEDs are manufactured using materials from Japan and carry SGS approvals, American Opto Plus LED Corp. c , 4R- 1206 E. Lexington Ave -, Pomona, CA 91766° Tel 909 - 465 -0080 Fax: 909-465-0 13 f � aopled.com email: info @eopled.com Sap O Mg SAID LEDs, LED Lamps and LED d VAjs j 46 US BUSINESS REVIEW , tl•:L KY.- COOK COUNTY ASSESSOR'S OFFICE COOK COUNTY ASSESSOR r 116 NORTH CLARK STREET, CHICAGO, IL 60602 JO SEPH E R R I O S 'r * �. PHONE: 312.443.7550 FAx: 312.603.3616 WWW.COOKCOUNTYASSESSOR.COM INCENTIVES CLASS LIVING WAGE ORDINANCE AFFIDAVIT Willard D. Martens as agent for the applicant set forth below, who is seeking a classification incentive as referenced below, I do hereby state under oath as follows: As the agent for the applicant set forth below, I have personal knowledge as to the facts stated herein. 2. The property identified by PIN(s) with commonly known address(es), listed in Exhibit A attached and herein Incorporated, are /is the subject of a pending application /renewal (circle as appropriate) for one of the following development incentives provided by the Code of Ordinances of Cook County, Chapter 74, Article II, Division 2, The Cook County Real Property Assessment Classification Ordinance, Sec.74 -60 et seq., as amended: x Class 6b — Class 8 (Industrial property) Class 9 3. The Cook County Assessor's Office has issued the following control number regarding this application /renewal (circle as appropriate), 4. 1 have reviewed the Code of Ordinances of Cook County, Chapter 34, Article IV, Division 1 and The Cook County Living Wage Ordinance, Sec. 34 -127 et seq., as amended (the "Ordinance "), and certify that the applicant is in compliance with the above referenced Cook County Living Wage Ordinance, due to one of the following options (check as appropriate): x Applicant is currently paying a living wage to its employees, as defined in the Ordinance. OR Applicant is not required to pay a living wage, pursuant to the Ordinance. Further affiant sayeth not. Agent's Signature 451 Kingston Court Mmint Pr nSnRc - . TT, 60056 Agent's Mailing Address Applicant's Name Willard D. Martens, Chie Financial Officer Agent's Name & Title 847 -391 -0200 Agent's Telephone Number Applicant's Mailing Address Applicant's e-mail address Subscribed & sworn beffofepe this / --5 — day of 1 � 4:,� < „ 20 /2_1 of Notary �' • te ",• � 1125/11 VIII. LOCAL APPROVAL Applicant, through its Legal Representative, has been in contact with Brian Simmons, Deputy Director of Economic Development and Planning for the Village of Wheeling. This matter of the Class 6(b) Renewal will be placed on the February, Vilage Board meeting agenda for approval in early February, 2013. RESOLUTION NO. A RESOLUTION IN SUPPORT OF WHITE WAY SIGN, 451 KINGSTON COURT, MOUNT PROSPECT, ILLINOIS, MAKING APPLICATION FOR AN EXTENSION OF COOK COUNTY CLASS 6B TAX ABATEMENT WHEREAS, the Village of Mount Prospect encourages community development to provide for economic growth and career opportunities; and WHEREAS, through property tax incentives offered by Cook County, various opportunities exist for industrial properties in the Village of Mount Prospect, Cook County; and WHEREAS, without the Cook County property tax incentives, the Village of Mount Prospect is at a competitive disadvantage with the neighboring counties of Lake and DuPage in attracting industrial development; and WHEREAS, WHITE WAY SIGN, has requested the Village of Mount Prospect support its application for Extension of the Class 6B Real Property Classification at 451 Kingston Court, Mount Prospect, Cook County (Property); and WHEREAS, the corporate authorities of the Village of Mount Prospect believe that their request is in the best interest of the economic development in the Village of Mount Prospect. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the President and Board of Trustees of the Village of Mount Prospect do hereby support and consent to the application for the Class 6B Renewal from Cook County for the Property located at 451 Kingston Court and legally described as: LOT 6 AND THE NORTH 18.0 FEET OF LOT 5 THEREOF, IN KENSINGTON CENTER RESUBDIVISION TWENTY-FIVE IN PART OF THE NORTHEAST ¼ OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT FILED FOR RECORD ON FEBRUARY 1, 1989 IN THE OFFICE OF REGISTRAR OF TITLES AS DOCUMENT LR3770802, ALL IN COOK COUNTY, ILLINOIS. PIN: 03-35-200-067-0000 SECTION TWO: That the Village of Mount Prospect supports industrial growth, increased employment and economic development and the “property” is in furtherance of this goal. Page 2/2 451 Kingston Court Class 6B Tax Abatement SECTION THREE: 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 August, 2013. ___________________________________ Arlene A. Juracek Mayor _________________________________ M. Lisa Angell Village Clerk H:\CLKO\WIN\MEMOS\RESOLUTION\Class6 tax abatement431kingstoncourtjune2012.doc Village of Mount Prospect Mount Prospect Community Development Department MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM; JANET SAEWERT, NEIGHBORHOOD PLANNER DATE: JULY 26, 2013 SUBJECT: RESOLUTIONS AUTHORIZING EXECUTION OF AGREEMENTS BETWEEN THE VILLAGE AND CDBG SUB - RECIPIENTS On October 16, 2012, the Village Board approved the 2013 Community Development Block Grant (CDBG) Action Plan. This plan includes funding for several public service agencies that provide a variety of services and programs for the Village's low and moderate - income residents. Based on our 2013 Funding Agreement with the U.S. Department of Housing and Urban Development (HUD) which was signed on July 24, 2013, the Village of Mount Prospect FY2013 allocation is $276,063. Although there was a 5% cut to HUD's formula programs attributable to the sequestration, the Village's funding allocation actually increased by 13% over last year's. This is partially due to the fact that the FY2012 CDBG funding appropriation set aside for disaster recovery did not carry over into the FY2013 Continuing Resolution. Attached, please find contracts for the agencies listed below and resolutions authorizing the execution of agreements between the Village of Mount Prospect and these individual agencies. The funding amounts are consistent with those indicated in our FY2013 CDBG Action Plan and are indicated in parentheses. • CEDA Northwest Self -Help Center, Inc. — Emergency Housing Program ($11,000) • Children's Advocacy Center ($1,500) • Greater Wheeling Area Youth Organization — Summer Adventure North ($6,000) • Greater Wheeling Area Youth Organization — Summer Adventure South ($6,000) • Northwest CASA ($4,000) • Journeys From PADS To HOPE ($7,500) • Suburban Primary Health Care Council — Access To Care ($6,000) • Search Inc.- Group Home Rehab ($15,000) Please forward this memorandum and attached resolutions to the Village Board for their review and consideration at their August 6, 2013 meeting. Staff will be present at the meeting to answer any questions related to this matter. I concur: William J. `oone,yW,WAICPWW WWWWWWWWWWWWWW.. Director of Community Development C:IDoawvonl,s and SI Li nwRt fitcorwA..ocrlSa.uui%,„Jvon I wmy O oiocaor¢iFiles \CoroGriI WOIoak\V',`160 K*.4.,2471 3 Rem,I aioro,k1,c.roio I(PDoar d doc.5c RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE CEDA NORTHWEST SELF -HELP CENTER, INC. WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determined by the President and Board of Trustees of the Village of Mount Prospect that the CEDA Northwest Self -Help Center shall provide an emergency housing and housing counseling program, to assist near homeless and homeless low and moderate income residents of the Village of Mount Prospect; and WHEREAS, the programs proposed by the CEDA Northwest Self -Help Center and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting low /moderate- income persons. 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 is hereby authorized to sign and the Clerk directed to attest his signature on an agreement for Community Development Block Grant implementation, which Agreement is between the Village of Mount Prospect and the CEDA Northwest Self -Help Center, for provision of an Emergency Housing Program, a copy of which Agreement is attached and 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 the law. Uffif= NAYS: ABSENT: PASSED and APPROVED this day of August, 2013 Arlene A. Juracek Mayor ATTEST: M. Lisa Angell Village Clerk /7/ RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE GREATER WHEELING AREA YOUTH OUTREACH WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determined by the President and Board of Trustees of the Village of Mount Prospect that the Greater Wheeling Area Youth Outreach, Inc. shall provide summer programs that include educational and recreational activities for youth located within the corporate limits of the Village of Mount Prospect; and WHEREAS, the program proposed by the Greater Wheeling Area Youth Outreach, Inc. and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting low /moderate- income persons. 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 is hereby authorized to sign and the Clerk directed to attest his signature on agreements for Community Development Block Grant implementation, which Agreements are between the Village of Mount Prospect and the Greater Wheeling Area Youth Outreach, Inc., for the provisions of Summer Adventure North, a copy of which Agreement is attached and made a part of this Resolution as Exhibit "A ". SECTION TWO: That the President is hereby authorized to sign and the Clerk directed to attest his signature on an agreement for Community Development Block Grant implementation, which Agreement is between the Village of Mount Prospect and the Greater Wheeling Area Youth Outreach, Inc., for the provision of Summer Adventure South, a copy of which Agreement is attached and made a part of this Resolution as Exhibit "B ". SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by the law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of August, 2013 ATTEST: M. Lisa Angell Village Clerk Arlene A. Juracek Mayor RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND JOURNEYS FROM PADS TO HOPE, INC. WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determined by the President and Board of Trustees of the Village of Mount Prospect that Journeys from PADS to HOPE shall provide case management services, mental health counseling, housing coordination, vocational training, immediate services (food, clothing, supplies) and overnight shelter for the homeless and near homeless population of the Village of Mount Prospect; and WHEREAS, the project proposed by Journeys from PADS to HOPE, Inc. and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting low /moderate - income persons. 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 is hereby authorized to sign and the Clerk directed to attest his signature on an agreement for Community Development Block Grant implementation, which Agreement is between the Village of Mount Prospect and Journeys from PADS to HOPE, Inc., a copy of which Agreement is attached and made a part of this Resolution 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 the law. FA 'V AM NAYS: ABSENT: PASSED and APPROVED this day of August, 2013 Arlene A. Juracek Mayor ATTEST: M. Lisa Angell Village Clerk s RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND SUBURBAN PRIMARY HEALTH CARE COUNCIL, INC. FOR THE ACCESS TO CARE PROGRAM WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determined by the President and Board of Trustees of the Village of Mount Prospect that the Suburban Primary Health Care Council, Inc. shall provide a program to facilitate access to primary health care for residents of the Village of Mount Prospect; and WHEREAS, the program proposed by the Suburban Primary Health Care Council, Inc. and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting low /moderate- income persons. 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 is hereby authorized to sign and the Clerk directed to attest his signature on an agreement for Community Development Block Grant implementation, which Agreement is between the Village of Mount Prospect and Suburban Primary Health Care Council, Inc, a copy of which Agreement is attached and made a part of this Resolution 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 the law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of August, 2013 Arlene A. Juracek Mayor ATTEST: M. Lisa Angell Village Clerk RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND CHILDREN'S ADVOCACY CENTER WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determined by the President and Board of Trustees of the Village of Mount Prospect that the Children's Advocacy Center, shall provide immediate support and crisis intervention to child victims of sexual assault and their families, who are residents of Mount Prospect; and WHEREAS, the program proposed by the Children's Advocacy Center and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting low and moderate - income persons. 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 is hereby authorized to sign and the Clerk directed to attest his signature on an agreement for Community Development Block Grant implementation, which Agreement is between the Village of Mount Prospect and Children's Advocacy Center, a copy of which Agreement is attached and made a part of this Resolution 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 the law. AYES: VA ABSENT: PASSED and APPROVED this day of August, 2013. Arlene A. Juracek Mayor ATTEST: M. Lisa Angell Village Clerk L RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND NORTHWEST CENTER AGAINST SEXUAL ASSAULT (NW CASA) WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determined by the President and Board of Trustees of the Village of Mount Prospect that Northwest Center Against Sexual Assault (NW CASA) shall provide sexual assault counseling and advocacy to child, adolescent and adult victims of rape /sexual abuse who are Mount Prospect residents; and WHEREAS, the program proposed by the NW CASA and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting low /moderate- income persons. 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 is hereby authorized to sign and the Clerk directed to attest his signature on an agreement for Community Development Block Grant implementation, which Agreement is between the Village of Mount Prospect and the NW CASA, a copy of which Agreement is attached and made a part this Resolution 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 the law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of August, 2013 Arlene A. Juracek Mayor ATTEST: M. Lisa Angell Village Clerk M RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND SEARCH INC. WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determined by the President and Board of Trustees of the Village of Mount Prospect that Search Inc. operates community —based group homes for adults with intellectual disabilities (referred to as the Supported Living Program) and has applied for CDBG funds to replace windows and doors at one such group home being located at 908 S. Golfview Place in the Village of Mount Prospect; and WHEREAS, the program operated by Search Inc. and the proposed rehab work approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting low /moderate- income persons. 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 is hereby authorized to sign and the Clerk directed to attest his signature on an agreement for Community Development Block Grant implementation, which Agreement is between the Village of Mount Prospect and Search Inc., a copy of which Agreement is attached and made a part of this Resolution 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 the law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of August, 2013 Arlene A. Juracek Mayor ATTEST: M. Lisa Angell Village Clerk 0 AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND CEDA NORTHWEST SELF -HELP CENTER INC. FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING PROGRAM THIS AGREEMENT (referred to as the "Agreement ") is entered into this _ day of 2013, by and between the Village of Mount Prospect, an Illinois home rule municipal corporation (referred to as the "Grantee ") and the CEDA Northwest Self -Help Center, Inc., a not - for - profit Illinois corporation, (referred to as the "Sub - Recipient ")(Sometimes referred to individually as "Party" and collectively as "Parties "). WHEREAS, the Grantee has applied for and received Community Development Block Grant (referred to as "CDBG ") funds from the United States Department of Housing and Urban Development (referred to as "HUD ") under Title I of the Housing and Community Development Act of 1974, Public Law 93 -383; and WHEREAS, the Sub - Recipient has applied to Grantee for CDBG funds to operate a program that assists individuals with transitional housing, rent assistance and housing counseling; and WHEREAS, the Grantee deems it appropriate to award the CDBG funds to the Sub - Recipient for the proposed program, based upon the terms set forth in this Agreement. NOW, THEREFORE, it is agreed between the Parties, as follows; I. SCOPE OF SERVICE A. Activities The Sub - Recipient will be responsible for administering the program in a manner satisfactory to the Grantee and consistent with the standards described in this Agreement. The program will include the following activities eligible under HUD's CDBG program requirements: The Sub - Recipient will operate a program to assist individuals with transitional housing, rent assistance and housing counseling (referred to as the "Program "), as outlined in the Scope of Services attached hereto as Exhibit A. B. National Objectives The Sub - Recipient certifies that the activities carried out with funds provided by this Agreement, will meet one or more of the following National Objectives (the "National Objectives ") for CDBG programs, as defined in 24 CFR Part 570.208: 2869011 1 i 1. Benefit Low /Moderate Income Persons; 2. Aid in the prevention or elimination of slums or blight; or 3. Meet a need having a particular urgency /emergency. C. Levels of Accomplishment In addition to the normal administrative services required by this Agreement, the Sub - Recipient agrees to provide the following levels of program services for both Components: Average Clients /Month Total Clients /Year 10.25/MONTH 123/YEAR The Sub - Recipient will also report information as it relates to the Outcome Measurement System as described in the Federal Register Notice on June 10, 2005, published by HUD's Office of Community Planning and Development, Docket No. FR- 4970 -N -02. Such information includes, but is not limited to: funds leveraged, number of persons with access to new /improved access to a service, and number of beds created in an overnight /emergency shelter. Such reports will be provided quarterly and in a final report as provided in Section IV below. D. Performance Monitoring The Grantee will monitor the performance of the Sub - Recipient against the goals and performance standards stated above. Substandard performance, as determined by the Grantee, will constitute non - compliance with this Agreement. If action to correct such substandard performance is not taken by the Sub - Recipient within a reasonable period of time after being notified by the Grantee, suspension or termination procedures will be initiated. II. TIME PERFORMANCE Services of the Sub - Recipient shall start on January 1, 2013 and end on December 31, 2013. The Term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Sub - Recipient remains in control of CDBG funds or other assets, including program income, which are related to this Agreement. III. PAYMENT It is expressly agreed and understood that the total amount to be paid to the Sub - Recipient by the Grantee under this Agreement shall not exceed $11,000 (referred to as the "Grant Funds "). Payments may be contingent upon certification of the Sub - Recipient's financial management system in accordance with the standards specified in 24 CFR 84.21. A. Payment Procedures 2869011 2 The Grantee will pay the Grant Amount to the Sub - Recipient based upon information submitted by the Sub - Recipient and consistent with any approved budget and Grantee policy concerning payments. The Grantee will not process any invoices received until the Sub - Recipient submits the applicable quarterly or final report for the requested pay period. The Grantee will determine the appropriate amount to allocate per reporting period depending on the levels of accomplishment achieved by the Sub - Recipient. With the exception of certain advances, payments will be made only for eligible expenses actually incurred by the Sub - Recipient. Payments will be adjusted by the Grantee in accordance with advance fund and program income balances available in Sub - Recipient accounts. In addition, the Grantee reserves the right to use the funds provided by this Agreement for costs incurred by the Grantee on behalf of the Sub - Recipient. B. Indirect Costs If indirect costs are charged, the Sub - Recipient will develop an indirect cost allocation plan for determining the Sub - Recipient's appropriate share of administrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee. C. Program Income The Sub - Recipient shall report all program income as defined at 24 CFR 570.500(a), generated by activities carried out with the Grant Funds. Sub - Recipient's use of program income shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Sub - Recipient may use such income during the Term of this Agreement for activities permitted under this Agreement, but shall reduce requests for additional funds by the amount of any such program income balances on hand. All unused program income shall be returned to the Grantor upon expiration of this Agreement. Interest earned on cash advances is not program income but must be remitted promptly to the Grantee. For purpose of this Agreement, the funds provided by this Agreement shall include the Grant Funds, any program income and interest, and may be referred to as the "funds provided by this Agreement." IV. REPORTING A. Progress Reports The Sub - Recipient shall submit a Quarterly Report to the Grantee in the form, content, and frequency required by the Grantee. All reports will be due 15 days after the close of the reporting period. This report should include the following: 1. Each client served during the month using CDBG funds; 2. Client's address; and 3. Type of service used by each client. The Parties may mutually agree on more frequent reporting, if appropriate. 286901_1 3 B. Final Report UT A Final Report shall accompany the Sub - Recipient's final billing. This report will highlight the accomplishments of the Program for the fiscal year, from January 1, 2013 to December 31, 2013, summarize the number of Mount Prospect residents served and include completion of the Year End Report, which is attached hereto as Exhibit B. The Final Report shall be due on or before January 15, 2014. C. Submission to HUD Subsequent to the execution of this Agreement, the Grantee shall file all necessary documents with HUD and shall comply with all applicable rules and regulations necessary to facilitate acquisition of the funds provided by this Agreement. NOTICES & COMMUNICATIONS Notices and communications under this Agreement shall be served personally or sent registered or certified mail, postage prepaid, to the respective Parties as follows: C'.rantee Mr. William J. Cooney, Jr. Director of Community Development Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 (847) 818 -5328 Fax: (847) 818 -5329 VI Sub - Recipient Mr. Ron Jordan Executive Director CEDA Northwest 1300 W. Northwest Hwy Mount Prospect, IL 60056 (847) 392 -2332 Fax: (847) 392 -2427 Notices served personally shall be effective upon receipt and notices served by mail shall be effective upon receipt as verified by the United States Postal Service. Either Party may change the name and address for which notice is required by notice to the other Party as provided herein. GENERAL CONDITIONS A. General Compliance The Sub - Recipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the HUD regulations concerning CDBG), including subpart K of these regulations, except that 1) the Sub - Recipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and 2) the Sub - Recipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Sub - Recipient further agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds 286901 1 4 provided by this Agreement. The Sub - Recipient further agrees to utilize those funds to supplement, rather than supplant funds otherwise available. The Sub - Recipient shall, at all times, observe and comply with all laws, ordinances or regulations of the Federal, State, County and local government which may in any manner affect the performance of this Agreement, and the Sub - Recipient shall perform all acts under this Agreement in the same manner as the Grantee, as a contractor of the Federal Government, is or would be required to perform such acts. B. "Independent Contractor" Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the Parties. The Sub - Recipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance as the Sub - Recipient is an independent Sub - Recipient. C. Hold Harmless The Sub - Recipient shall hold harmless, save and indemnify the Grantee and each and every nnr of attnrneys insurers and successor; (referred to as the "Indemnitees ") from any and all claims, demands, causes of actions, expenses, injuries, losses or damages of whatever kind, character or description the Grantee may suffer as a result of any cause, matter, act, or omission arising out of the performance or non - performance of the Sub - Recipient, its officers, agents, employees, and servants, under this Agreement. The Sub - Recipient agrees to defend any claims brought or actions filed against the Indemnitees with respect to the subject of the indemnity contained herein, whether such claims or actions are rightfully or wrongfully brought or filed. In the event that such a claim is brought or such an action is filed, the Grantee agrees that the Sub - Recipient may employ attorneys of its own selection to appear and defend the claim or action on behalf of the Grantee, subject to reasonable approval by the Grantee, at the expense of the Sub - Recipient. The Sub - Recipient, at its option, shall have the sole authority for the direction of the defense. D. Worker's Compensation The Sub - Recipient shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. E. Insurance & Bonding The Sub - Recipient shall carry sufficient insurance coverage to protect contract assets (e.g., equipment and real property) from loss due to theft, fraud and /or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee. 286901 1 S The Sub - Recipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance. F. Grantee Reco nig tion The Sub - Recipient shall use its best efforts to recognize the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Sub - Recipient will include a reference to the support provided herein in all publications made possible with funds provided by this Agreement. G. Amendments This Agreement may be amended at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by duly authorized representatives of both Parties, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Sub - Recipient from its obligations under this Agreement. Notwithstanding the foregoing, the Grantee may, in its discretion, amend this Agreement to conform to Federal, State or local governmental guidelines, policies and available funding agreements, or for other reasons. If such amendment results in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by duly authorized representatives of both Parties, and approved by the Grantee's governing body. H. Suspension or Termination In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Sub - Recipient materially fails to comply with any terms of this Agreement, which include, but are not limited to, the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statute, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Sub - Recipient to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided by this Agreement; or 4. Submission by the Sub - Recipient to the Grantee of reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Sub - Recipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to �OKOAI 1 6 be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. All finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by the Sub - Recipient under this Agreement shall be the property of the Grantee. VII. ADMINISTRATIVE REQUIREMENTS A. Financial Management Accounting Standards The Sub - Recipient agrees to comply with 24 CFR 84.21 -28 and agrees to adhere to the accounting principles and procedures required therein, to utilize adequate internal controls, and to maintain necessary source documentation for all costs incurred. 2. Cost Principles The Sub - Recipient shall administer its Program in conformance with the federal Office of Management and Budget's (referred to as "OMB ") Circulars A -122, "Cost Principles for Non - Profit Organizations" or A -21 "Cost Principles for Educational Institutions," as applicable. These principles shall be applied to all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record - Keeping Records to be Maintained The Sub - Recipient shall maintain all records required by the Federal regulations specified in 24 CFR Part 570.506, which are pertinent to the activities funded under this Agreement. Such records shall include, but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f. Financial records as required by 24 CFR Part 570.502, and 24 CFR 84.21 -28; and 286901 1 g. Other records necessary to document compliance with Subpart K of 24 CFR 570. 2. Income Eli ibg ility Eligible households must have income below those noted in HUD's Fiscal Year 2013 Income Limit Summary, which is attached hereto as Exhibit C, though the Sub - Recipient may establish program income criteria below those levels. The Sub - Recipient shall utilize annual income in determining and documenting income for participating clients. Annual income is the gross amount of income anticipated by all adults in a family during the 12 months following the effective date of determination. To calculate annual income, the Sub - Recipient may choose one (1) of the three (3) definitions of income listed below: 1. Annual income as defined under the Section 8 Housing Assistance Payments Program; 2. Adjusted gross income as defined for purposes of reporting under IRS Form 1040 (long form) for Federal individual income tax purposes; or 3. Annual income as defined for reporting under the Census long fonn for the most rent available decennial Census. Use of any other income definition is considered ineligible for HUD and CDBG funding and therefore not permitted. The term "household" means "all persons occupying a housing unit. The occupants may be a family, as defined in 24 CFR 5.403; two or more families living together; or any other group of related or unrelated persons who share living arrangements, regardless of actual or perceived, sexual orientation, gender identity or marital status." See 24 CFR Part 570.3. Grantee must ensure that applicants to its programs and activities are treated equitably. For this reason, the same income definition must be used throughout the activity for each applicant. Additionally, the Sub - Recipient shall maintain copies of any documents used to determine applicant income. 3. Retention The Sub - Recipient shall retain all records pertinent to expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement. Records for non - expendable property acquired with the funds provided by this Agreement shall be retained for five (5) years after final disposition of such property. Notwithstanding the above, if any claims, litigation, audits, negotiations or other actions involving such records begin before the expiration of the five -year period, such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five -year period, whichever occurs later. I)oioni 1 8 4. Client Data The Sub - Recipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request. 5. Disclosure The Sub - Recipient understands that client information collected under this Agreement is private. The use or disclosure of such information, when not necessary and directly connected with the administration of the Grantee's or Sub - Recipient's responsibilities with respect to services provided under this Agreement, is prohibited, unless written consent is obtained from the client, and, in the case of a minor, from the parent /guardian. Disclosure of such information must also comply with applicable State and Federal laws. 6. Property Records The Sub - Recipient shall maintain a real property inventory, which identifies properties purchased, improved or sold using CDBG funds. 7. Close -Outs The Sub - Recipient's obligation to the Grantee shall not end until all close -out requirements are completed. Activities during this close -out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Sub - Recipient has control over CDBG funds, including program income. 8. Audits & Inspections All Sub - Recipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, HUD, their designees or the Federal Government, at any time during normal business hours, as often as the Grantee or HUD deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully resolved by the Sub - Recipient within 30 days after receipt of notice of such deficiencies by the Sub - Recipient. The Sub - Recipient hereby agrees to conduct an annual audit in accordance with current Grantee policy concerning Sub - Recipient audits and, as applicable, OMB Circular A -133. 9. Availability of Law, Regulations and Orders 2R6901 1 9 The Grantee shall, upon the request of the Sub - Recipient, provide copies of applicable laws, regulations and orders, including those referenced in this Agreement, which regulate the operation of CDBG- funded programs, or which might otherwise affect the performance of this Agreement. The OMB Circulars referenced in the Agreement may be found on the website at http://www.whitehouse.gov/omb/circulars default In addition, many of the applicable laws and regulations can be found on the United States Government Printing website at httk / /wNvw gpo 7o� v /fdsys /pkg /CFR- 2004- title -voll /content detail.htnil C. Procurement 1. Compliance The Sub - Recipient shall comply with current Grantee policy in regard to the procurement of materials, property, or services, and shall maintain inventory records for non - expendable personal property as defined by such policy. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon expiration of this Agreement. 2. OMB Standards Unless specified otherwise within this Agreement, the Sub - Recipient shall procure all materials, property or services in accordance with the requirements of 24 CFR 84.40 -48. 3. Travel The Sub - Recipient shall obtain prior written approval from the Grantee before incurring any costs for travel outside the Chicago metropolitan area that are subject to payment with the funds provided by this Agreement. D. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: The Sub - Recipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds provided by this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Sub - Recipient's control that was acquired or improved, in whole or in part, with funds provided by this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of Ioioni 1 10 this Agreement [or such longer period of time as the Grantee deems appropriate]. If the Sub - Recipient fails to use CDBG- assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Sub - Recipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to the expenditures of the non -CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Sub - Recipient may retain real property acquired or improved under this Agreement after the expiration of the five -year period [or such longer period of time as the Grantee deems appropriate]. 3. In all cases in which equipment acquired, in whole or in part, with funds provided by this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent funds provided by this Agreement were used to acquire the equipment). Equipment not needed by the Sub - Recipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee in an amount equal to the current fair market value of the equipment less the percentage of non -CDBG funds used to acquire the equipment. VIII. RELOCATION, REAL PROPERTY ACQUISITION AND ONE - FOR -ONE HOUSING REPLACEMENT The Sub - Recipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC 61, as amended, and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti - displacement and Relocation Assistance Plan under Section 104(d) of the Housing and Community Development Act (referred to as "HCDA "), 24 CFR Part 6; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation policies. [The Grantee may preempt the optional policies.] The Sub - Recipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversation for a CDBG- assisted project. The Sub - Recipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residence. IX. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights Compliance The Sub - Recipient agrees to comply with the Illinois Human Rights Act (Act 775 ILCS 5/1 -101 et seq.), Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 286901_1 11063, and with Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086. 2. Nondiscrimination The Sub - Recipient shall comply with the non - discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607 and 775 ILCS 5/1 -101 et seq. The applicable non - discrimination provisions in Section 109 of the HCDA also apply. The Sub - Recipient shall not discriminate against any worker, employee, applicant for employment or client because of race, color, creed, religion ancestry, national origin, sex, disability or other handicap, age, marital /familial status, or status with regard to public assistance, or as otherwise prohibited by state or Federal law. 3. Land Covenants The Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Sub - Recipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use of occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Sub - Recipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504 The Sub - Recipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against individuals with disabilities or handicaps in any Federally assisted program. Guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement can be found on HUD's Program website at http://portal.hud.gov/hudportal/HUD?src=/program offices /fair housing equal opp /disa bilities /sect504fag. B. Affirmative Action 1. Approved Plan The Sub - Recipient agrees that it shall be committed to carry out pursuant to the Grantee's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. To the extent required by that Order, i.e., service and supply contractors with 50 or 286901 1 12 more employees and government contracts of $50,000 or more, the Grantee shall provide Affirmative Action guidelines to the Sub - Recipient to assist in the formulation of such program. The Sub - Recipient shall submit a plan for an Affirmative Action Program for approval prior to the award of the Grant Funds. 2. Women- and Minority -Owned Businesses (W /MBE) The Sub - Recipient will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms "small business" means a business that meets the criteria set for in Section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty -one (5 1) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro - Americans, Spanish - speaking, Spanish surnamed or Spanish- heritage Americans, Asian - Americans, and American Indians. The Sub - Recipient may rely on written representations by businesses regarding their status as a minority and female business enterprises in lieu of an independent investigation. 3. Access to Records The Sub - Recipient shall furnish and cause each of its own sub - recipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Notifications The Sub - Recipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Sub - Recipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. Equal Employment Opportunity and Affirmative Action (EEO /AA) Statement The Sub - Recipient will, in all solicitations or advertisements for employees placed by or on behalf of the Sub - Recipient, state that it is an Equal Opportunity or Affirmative Action employer. 6. Subcontract Provisions The Sub - Recipient will include the provisions of Paragraphs IX.A, Civil Rights, and B, Affirmative Action, of this Agreement in every subcontract or purchase order, 286901 1 13 specifically or by reference, so that such provisions will be binding upon each of its own sub - recipients or subcontractors. C. Employment Restrictions Prohibited Activity The Sub - Recipient is prohibited from using funds provided by this Agreement or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 2. Labor Standards The Sub - Recipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Sub - Recipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Sub - Recipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request. The Sub - Recipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this Agreement, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Sub - Recipient of its obligation, if any, to require payment of the higher wage. The Sub - Recipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. "Section 3" Clause a. Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the Grantee, the Sub - Recipient and 2869011 14 any of the Sub - Recipient's subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Sub - Recipient and any of the Sub - Recipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Sub - Recipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Sub - Recipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low - income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low - income persons residing in the metropolitan area in which the project is located." The Sub - Recipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG - funded project is located; where feasible, priority should be given to low- and very low- income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low - income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based pain hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low- income persons residing within the metropolitan area in which the CDBG- funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low - income residents within the service area or the neighborhood in which the project is located, and to low- and very low - income participants in other HUD programs. The Sub - Recipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 2869011 15 b. Notifications The Sub - Recipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under the Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c. Subcontracts The Sub - Recipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Sub - Recipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability The Sub - Recipient shall not assign or transfer any interest in this Agreement without the prior written approval of the Grantee's Village Manager thereto; provided, however, that claims for money due or to become due to the Sub - Recipient from the Grantee under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee. 2. Subcontracts a. Approvals The Sub - Recipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the written consent of the Grantee prior to the execution of such agreement. b. Monitoring The Sub - Recipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documentation evidence of follow -up actions taken to correct areas of noncompliance. C. Content ?96901 1 16 The Sub - Recipient shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process The Sub - Recipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process. 3. Hatch Act The Sub - Recipient agrees that no funds provided by this Agreement, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 4. Conflict of Interest The Sub - Recipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following: a. The Sub - Recipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. b. No employee, officer or agent of the Sub - Recipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. C. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG- assisted activities, or who are in a position to participate in a decision - making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG- assisted activity, or with respect to the proceeds from the CDBG- assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Sub - Recipient, or any designated public agency. 2869011 17 5. Lobbying The Sub - Recipient hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of Sub - Recipient, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement; b. If any funds, other than Federal appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; C. Sub - Recipient will require that the language in paragraph (d) be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all sub - recipients shall certify and disclose accordingly; and d. Lobbying Certification — Paragraph d This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6. Religious Organizations The Sub - Recipient agrees that funds provided by this Agreement will not be utilized for inherently religious activities, prohibited by 24 CR 570.2000), such as worship, religious instruction, or proselytization. 7. Reversion of Assets 286901 1 18 Upon expiration of this Agreement, the Sub - Recipient shall transfer to the Grantee any funds provided by this Agreement on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Any real property under the Sub - recipient's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the sub - recipient in the form of a loan) in excess of $25,000 shall either: a. Be used to meet one of the National Objectives in Section 570.208 (formerly Section 570.901) of the CDBG regulations until five years after expiration of the Agreement; or b. If the real property is not used in accordance with paragraph 7a above, the Sub - recipient shall pay to the Grantee an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non -CDBG funds for the acquisition of, or improvement to, the property. The payment is program income to the Grantee. No payment is required after the period of time specified in paragraph 7a of this section. X. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect. XI. JURISDICTION AND VENUE: This Agreement and all questions of interpretation, construction and enforcement hereof, and all controversies hereunder, shall be governed by the applicable statutory and common law of the State of Illinois. For the purpose of any litigation relative to this Agreement and its enforcement, venue shall be in the Circuit Court of Cook County, Illinois and the Parties consent to the in personam jurisdiction of said Court for any such action or proceeding. XII. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Grantee and the Sub - Recipient for the use of funds provided by this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Sub - Recipient with respect to this Agreement. XIII. CAPTIONS: The captions at the beginning of the several paragraphs, respectively, are for convenience in locating the context, but are not part of the context. XIV. WAIVER: The Grantee's failure to act with respect to a breach by the Sub - Recipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. XV. EFFECTIVE DA This Agreement shall be deemed dated and become effective on the date that the Mayor and Village Clerk sign this Agreement which date shall be the date stated on the first page of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement. VILLAGE OF MOUNT PROSPECT: Arlene A. Juracek, Mayor ATTEST: M. Lisa Angell, Village Clerk Date CEDA NW Self -Help Center, Inc. CEDA NW, President Print Name ATTEST: CEDA NW, Secretary Print Name Date �n