HomeMy WebLinkAbout5. New Business 09/03/2013Village of Mount Prospect
Community Development Department
MEMORANDUM
TO: MICHAEL E. JANONIS, VILLAGE MANAGER
FROM: DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: AUGUST 23, 2013
SUBJECT: PZ- 14- 131211 E. RAND ROAD 1 ZONING MAP AMENDMENT (131 TO 133)
The Subject Property is zoned B1 Business Office, and contains a one -story vacant building with
related improvements. The Petitioner is proposing to remodel the building for a cigar shop. Retail is
not a permitted land use in the 81 Business Office District. Therefore, the Petitioner is seeking to
rezone the Subject Property to B3 Community Shopping.
Per the Petitioner's proposed floor plan, the cigar shop would consist of an office, conference room,
lounge areas, humidor room, and restrooms. The proposed establishment will be a cigar retail
operation where guests can purchase cigars and smoke them on site. Cigarettes will not be sold. The
exterior improvements would consist of striping one accessible parking stall and adding a patio area in
the front. Access to the building will be provided via the existing drive located on Rand Road.
The Planning & Zoning Commission conducted a public hearing to review the request on Thursday,
August 22, 2013, and by a vote of 6 -1, recommended denial of a map amendment request to rezone
the property located at 211 E. Rand Road from B1 Business Office to B3 Community Shopping. Details
of the proceedings and items discussed during the Planning and Zoning Commission hearing are
included in the attached minutes.
The Petitioner submitted the attached supplemental information dated August 26, 2013 in response to
the concerns raised at the Planning & Zoning Commission hearing. The additional information includes
a revised site plan, an excerpt from a study on tobacco smoke, information on the proposed internal air
cleaning system, bios of the owners, and a business plan. The revised site plan indicates a six (6) foot
tail fence along the south patio line and south property line. The site plan also indicates a mixture of
landscape plantings, consisting of evergreen trees and deciduous shrubs, in- between the proposed
fence lines.
Please forward this memorandum and attachments to the Village Board for their review and
consideration at their September 3, 2013 meeting. Staff will be present to answer any questions
related to this matter.
William J. tooney, Jr., pCP
55 Vflk,hlhodRPLATRPL —In g & Zoning COMMT&Z 2013VE1 Mcm TZA4 211 B. Rand Rd.(ZMA).do
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ -14 -13
PROPERTY ADDRESS:
PETITIONER:
PUBLICATION DATE:
PIN NUMBER:
REQUEST(S):
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF MEMBERS PRESENT:
Hearing Date: August 22, 2013
211 E. Rand Road
CFA, Inc.- Jim Bolender
August 7, 2013
03 -34- 200 -183 -0000
Rezone from B 1 Business Office to
B3 Community Shopping
Joseph Donnelly, Chair
Sharon Otteman
Tom Fitzgerald
William Beattie
Keith Youngquist
Jacqueline Hinaber
Jeanne Kueter
None
Brian Simmons, Deputy Director of Community Development
Consuelo Andrade, Senior Planner
INTERESTED PARTIES: Jim Bolender, Nat Caputo, Michael Alesia, Kathleen Schalk
Chairman Donnelly called the meeting to order at 7:30 p.m. Commissioner Hinaber made a motion,
seconded by Commissioner Beattie to approve the minutes of the July 25, 2013 Planning and Zoning
Commission Meeting; the minutes were approved 6 -0 with Commissioner Kueter abstaining. Chairman
Donnelly introduced Case PZ- 14 -13, 211 E. Rand Road and stated the case was Village Board final.
Ms. Andrade stated the Petitioner for PZ -14 -13 is requesting to rezone the Subject Property located at 211
E. Rand Road from B1 Business Office to B3 Community Shopping District. The Subject Property is
located on the west side of Rand Road and contains a one story vacant commercial building with related
improvements.
Ms. Andrade stated the Subject Property is currently zoned BI Business Office and is bordered by BI
Business Office on the north and west sides, the R3 Low Density Residence District and B3 Community
Shopping Districts on the south side, and the B3 Community Shopping District on the east side.
Ms. Andrade explained that the Petitioner is proposing to remodel the building for a cigar shop. Retail is
not a permitted land use in the BI Business Office District. Therefore, the Petitioner is seeking to rezone
the Subject Property to B3 Community Shopping. She also stated the Petitioner's site plan indicated
Joseph Donnelly, Chair PZ -14 -13
Planning & Zoning Commission Meeting August 22, 2013 Page 1 of 6
access to the building would be provided via the existing drive located on Rand Road and the exterior
improvements would consist of striping one accessible parking stall and adding a patio area in the front.
Ms. Andrade stated the Petitioner's floor plan indicated the cigar shop would consist of an office,
conference room, lounge areas, humidor room and restrooms. The proposed establishment would be a
cigar retail operation where guests can purchase cigars and smoke them on site; she stated cigarettes
would not be sold.
Ms. Andrade stated that the hours of operation would be from 8:00 a.m. - 10:00 p.m. on weekdays, 8:00
a.m.- midnight on Saturdays, and closed on Sundays.
Ms. Andrade showed the table below which compared the B3 Bulk Code requirements with the
Petitioner's proposal.
Ms. Andrade stated there would be no changes to the existing structure setbacks or the parking lot
setbacks. The proposed patio would be setback twenty seven feet (27') which would not comply with the
thirty foot (30') setback requirement. Ms Andrade explained the Petitioner will need to revise the site plan
to provide a thirty foot (30') front yard setback from the patio to the front property line.
Ms. Andrade stated the addition of the patio would increase the lot coverage from fifty -eight percent
(58 %) to sixty -five percent (65 %), which would be within the maximum allowed seventy -five percent
(75 %). She also stated that the Petitioner did not submit a landscape plan or a photometric plan for the
Subject Property; therefore, Staff could not confirm that the property complies with the Village's current
lighting or landscaping requirements. Ms. Andrade explained these plans will be required when the
Petitioner applies for the building permit.
Ms. Andrade stated the standards for Map Amendments are listed in Section 14.203.D.8.a of the Village
Zoning Ordinance the findings are based upon the evidence presented with respect to the following
matters:
• The compatibility with existing uses and zoning classifications of property within the
general area of the property in question;
Joseph Donnelly, Chair PZ -14 -13
Planning & Zoning Commission Meeting August 22, 2013 Page 2 of 6
B3Code Requirements
Existing
Proposed
Setbacks:
Min. 30'
Front (E)
55'
No Change
(principal structure)
(principal structure)
27' (patio)
No Change
Interior (1S)
Min. 10'
20.48'
(principal structure)
(principal structure)
20.48' (patio)
Interior (S)
Min. 10'
0' No Change
(principal structure) (principal structure)
19.37' (patio)
120.28' No Change
Rear (W)
Min. 20'
(principal structure) (principal structure)
176.38' (patio)
Lot Coverage:
Max. 75% (12,045 sq.ft.)
I
58% (9,349 sq.ft.)
65% (10,416 sq.ft.)
Height:
Stories
One story
No Chan
Ms. Andrade stated there would be no changes to the existing structure setbacks or the parking lot
setbacks. The proposed patio would be setback twenty seven feet (27') which would not comply with the
thirty foot (30') setback requirement. Ms Andrade explained the Petitioner will need to revise the site plan
to provide a thirty foot (30') front yard setback from the patio to the front property line.
Ms. Andrade stated the addition of the patio would increase the lot coverage from fifty -eight percent
(58 %) to sixty -five percent (65 %), which would be within the maximum allowed seventy -five percent
(75 %). She also stated that the Petitioner did not submit a landscape plan or a photometric plan for the
Subject Property; therefore, Staff could not confirm that the property complies with the Village's current
lighting or landscaping requirements. Ms. Andrade explained these plans will be required when the
Petitioner applies for the building permit.
Ms. Andrade stated the standards for Map Amendments are listed in Section 14.203.D.8.a of the Village
Zoning Ordinance the findings are based upon the evidence presented with respect to the following
matters:
• The compatibility with existing uses and zoning classifications of property within the
general area of the property in question;
Joseph Donnelly, Chair PZ -14 -13
Planning & Zoning Commission Meeting August 22, 2013 Page 2 of 6
The compatibility of the surrounding property with the permitted uses listed in the
proposed zoning classification;
• The suitability of the property in question to the uses permitted under the existing and
proposed zoning classifications; and
• Consistency with the trend of development in the general area of the property in question,
and the objectives of the current Comprehensive Plan for the Village.
Ms. Andrade stated that Staff had reviewed the zoning request and found the proposal met the standards
for the Map Amendment. The B3 Zoning District would be compatible with existing zoning within the
general area. The Subject Property borders the B3 District to the south and east sides. Additionally, the
proposed land use as a cigar shop would be in keeping with the surrounding land uses and the Village's
Comprehensive Plan designation. The Subject Property is adjacent to existing commercial land uses,
such as Wendy's, Holiday Inn, Bar Louie, Discount Tire, and Early Days Day Care Center.
Ms. Andrade explained based on these findings, Staff recommends that the Planning and Zoning
Commission recommend approval for the following motion:
"A Map Amendment to rezone the property located at 211 E. Rand Road from B 1 Business Office to B3
Community Shopping."
This case is Village Board Final.
Chairman Donnelly asked the board if they had any questions or comments for Staff. Hearing none he
swore in Michael Alesia (attorney for Petitioner) 1000 Plaza Drive #680 Schaumburg, Illinois; Nat
Caputo 671 Benny Court Des Plaines, Illinois; and James Bolender 663 Chasewood Drive South Elgin,
Illinois.
Mr. Alesia clarified that the business would also be open on Sundays from 10:00 a.m. to 9:00 p.m.
Mr. Caputo stated the project would allow customers to enjoy fine tobacco products that were purchased
in the shop either inside the location or out on the patio. He also stated they chose Mount Prospect
because he feels it is a good place to business.
Mr. Bolender stated it is going to be a retail operation selling tobacco products with the exception of
cigarettes.
Chairman Donnelly asked if the board had any questions for the Petitioner.
Commissioner Beattie clarified the tobacco products that are purchased could be used in the lounge area
within the store. The Petitioner confirmed his statement was true.
Commissioner Beattie asked if tobacco would be the only item sold in the store.
Mr. Caputo stated they would also sell lighters, ash trays, humidors and other related items. Mr. Caputo
explained to the board his background in retail sales and about their plans to expand the brand and
concept if the first location is a success.
Commissioner Hinaber asked the Petitioner if they have any age restrictions for customers of the shop.
Joseph Donnelly, Chair PZ -14 -13
Planning & Zoning Commission Meeting August 22, 2013 Page 3 of 6
Mr. Caputo stated by law customers need to be eighteen (18) years of age and anyone below that age
would not be allowed in the shop.
Commissioner Youngquist asked if liquor will be served.
Mr. Caputo stated they are not allowed to have a liquor and tobacco license at the same establishment;
therefore, no liquor would be sold.
There was general discussion regarding the hours of operation. The Petitioner stated that realistically the
hours would be from 10:00 a.m. to 10:00 p.m.
Chairman Donnelly clarified to the Petitioner that the current request doesn't include any of the variances
to lighting, landscaping or the patio setback and that information needs to be provided to Staff if or when
the project gets to that point.
The Petitioner stated that they were aware and they would comply with code in all of the related areas.
Commissioner Beattie said he was concerned about the hours of operation because they do not seem to be
concrete and there is apartment complex a few feet from the Subject Property's parking lot.
There was general discussion about the hours of operation being different for the patio and the store. The
petitioner stated he would not have a problem with limiting the hours on the patio to 10:00 p.m.
Chairman Donnelly opened the public portion of the meeting. He swore in Kathleen Schalk 645 Maple
Court Mt. Prospect.
Ms. Schalk stated that she owns and lives in one of the townhomes directly behind the Subject Property.
She stated that her yard is directly adjacent to where the patio would be located. Ms. Schalk stated that
she is a non smoker and that she has lived there for the past forty (40) years. She explained that previous
businesses that have occupied the space have operated during reasonable business hours and have not
interfered with the complex's quiet residential nature.
Ms. Schalk explained that a row of greenery and a twenty foot buffer are the only things that separate the
remaining homes from the parking lot of the adjacent businesses. She stated when Wendy's first took
over the parking lot of the Subject Property the association of her complex was able to get a twenty foot
(20') buffer zone up to the back corner of the building at 211 E. Rand Road. Ms. Schalk stated that Mr.
Caputo's suggestion to install additional landscaping along the back of the proposed patio is useless
because the smoke and noise would travel through the trees.
Chairman Donnelly asked Ms. Schalk if her primary concern is the noise and the smoke from the
proposed patio or if she is also opposing the use for the building as well.
Ms. Schalk stated that her main concern is the patio but is questioning where the smoke from inside the
building would be vented.
Commissioner Beattie asked it is acceptable for Ms. Schalk's neighbors to smoke inside their homes and
outside in their yards.
Ms. Schalk stated that she understood but the proposed business is selling the concept and the action of
smoking.
Joseph Donnelly, Chair PZ -14 -13
Planning & Zoning Commission Meeting August 22, 2013 Page 4 of 6
Chairman Donnelly asked if the Petitioners put in a fence and heavy additional landscaping would be
sufficient enough to help block out the noise and smoke.
Ms. Schalk stated that the fence would need to be more of a brick retaining wall to be effective and she
believed that any amount of landscaping would not be able to shelter the noise and smoke from the patio.
Commissioner Donnelly called the Petitioner back up to the stand and asked what his plans were for
ventilation inside the building.
Mr. Bolender stated that the building would have a ventilation system that would clean and filter the air as
it exits the building. He stated that the air would be just as clean exiting the building as it would be
coming into the building.
Commissioner Donnelly asked Mr. Caputo to address the concerns regarding the screening issue and the
noise.
Mr. Caputo stated that they could match the eight foot fence that is already in existence behind the
property and that they would not have any issue with closing the patio down at 10:00 pm.
Mr. Caputo stated that if the Village allowed him to extend the eight foot fence that is already in place
around the end of the building to help contain the noise and the smoke.
Ms. Schalk stated that the current fence is board on board and would still allow smoke to pass through.
Mr. Caputo stated he would put in a solid fence if that would ease Ms. Schalk's concerns.
Mr. Simmons stated that the request for the evenings meeting is strictly for the zoning reclassification and
conditions cannot be applied to the request. Mr. Simmons stated that the Petitioner can work with Staff to
address the issues during the permit process; but the purpose for the current meeting is to change the
zoning for the Subject Property.
Chairman Donnelly stated the Petitioner's architect and Ms. Schalk could meet before the Village Board
meeting and address the concerns and formulate a plan to bring to the Village Board so they could make
their final decision.
Commissioner Fitzgerald asked the Petitioner where they plan to have their customer's park on a busier
night. He stated the site did not seem to have enough parking for the intended use.
Mr. Alesia stated that he has already made contact with Wendy's about potentially using some of the
spaces in a lot that they do not use.
Chairman Donnelly stated that they meet the parking requirement for their zone and it isn't a current
issue; he asked if there were any further questions. Hearing none, he closed the public portion of the
meeting and brought it back to the board.
Commissioner Beattie asked if the conditions that were discussed will be brought before the Planning and
Zoning Commission or directly to Village Board.
Joseph Donnelly, Chair PZ -14 -13
Planning & Zoning Commission Meeting August 22, 2013 Page 5 of 6
Mr. Simmons explained that the vote tonight is strictly for rezoning the location to B3 in order to permit
the cigar shop as a suitable use, any other discussions regarding the hours of operation, noise concern, and
the patio would be permitted within the zoning use.
Chairman Donnelly stated that concerned citizens can go to the Village Board meeting and state their
concerns and try to prevent the rezoning.
Commissioner Beattie made a motion, seconded by Commissioner Fitzgerald to approve the request to
rezone the property located at 211 E. Rand Road from B1 Business Office to B3 Community Shopping.
Chairman Donnelly asked if there were any more comments or opinions before the vote.
Commissioner Beattie and Commissioner Fitzgerald voiced their concerns about the close proximity the
commercial use would be located to the residential area and that the potential use of the building could
change in the future if it were rezoned.
Chairman Donnelly asked staff if the subject property could have a patio.
Mr. Simmons stated that the existing property is able to construct a patio and still comply with code.
Commissioner Youngquist stated he thinks there are other locations within the Village that would be
suitable for a cigar shop and does not understand why this particular parcel is needed.
Mr. Caputo stated that by Illinois State law a cigar shop needs to be located in a "stand alone" building.
Commissioner Youngquist stated it is because of the noxious odors that are omitted into the air.
Chairman Donnelly asked if there were any further comments or questions; hearing none voting took
place.
UPON ROLL CALL: AYES: Otteman
NAYS: Fitzgerald, Beattie, Youngquist, Hinaber, Keuter, Donnelly
The motion was denied 6 -1. This case is Village Board Final.
After the vote Chairman Donnelly welcomed Commissioner Jeanne Keuter and thanked Leo Floros for
his years of service on the Planning and Zoning Commission. Chairman Donnelly stated the board needed
to appoint a new Vice Chairman and he nominated Keith Youngquist.
After a voice vote it was confirmed that Commissioner Youngquist would be the new Vice Chairman of
the Planning and Zoning Commission.
Commissioner Beattie made a motion, seconded by Commissioner Fitzgerald and the meeting was
adjourned. �' �
Je a Moder, dminis ative Assistant
C unity Development
Joseph Donnelly, Chair PZ -14 -13
Planning & Zoning Commission Meeting August 22, 2013 Page 6 of 6
.0
Village of Mount Prospect
Community Development Department
CASE SUMMARY — PZ- 14 -13
U
T
LOCATION:
PETITIONER:
OWNER:
PARCEL #:
LOT SIZE:
ZONING:
LAND USE:
REQUEST:
211 E. Rand Road
CFA, Inc. — Jim Bolender FILE COPY
ALNSS, INC. VILLAGE OF
03 -34 -200- 183 -0000 MT, • PROSPECT
.37 acres (16,060 square feet)
BI Business Office
Vacant
Rezone from B1 Business Office to B3 Community Shopping
LOCATION MAP
i
Village of Mount Prospect
Community Development Department
MEMORANDUM
TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION
JOSEPH DONNELLY, CHAIRPERSON
FROM: CONSUELO ANDRADE, SENIOR PLANNER
DATE: AUGUST 8, 2013
HEARING DATE: AUGUST 22, 2013
SUBJECT: PZ -14 -13 1 211 E. RAND RD. I ZMA (B1 TO B3)
BACKGROUND
A public bearing has been scheduled for the August 22, 2013 Planning & Zoning Commission meeting to review
the application by CFA, Inc. (the "Petitioner ") regarding the property located at 211 E. Rand Road (the "Subject
Property"). The Petitioner is seeking to rezone the Subject Property from B1 Business Office to B3 Community
Shopping. The P &Z hearing was properly noticed in the August 7, 2013 edition of the Journal Topics
Newspaper. In addition, the Petitioner has completed the required written notice to property owners within 250 -
feet and Staff posted a Public Hearing sign on the Subject Property.
PROPERTY DESCRIPTION
The Subject Property is located on the west side of Rand Road and contains a vacant building with related
improvements. The Subject Property is zoned B 1 Business Office and is bordered by the B 1 Business Office on
the north and west sides, the R3 Low Density Residence District and B3 Community Shopping Districts on the
south side, and the B3 Community Shopping District on the east side.
SUMMARY OF PROPOSAL
The Petitioner is proposing to remodel the building for a cigar shop. Retail is not a permitted land use in the B1
Business Office District. Therefore, the Petitioner is seeking to rezone the Subject Property to B3 Community
Shopping. Per the Petitioner's floor plan, the interior cigar shop would consist of an office, conference room,
lounge areas, humidor room, and restrooms.
Per the Petitioner, the proposed establishment will be a cigar retail operation where guests can purchase cigars and
enjoy them on site. Cigarettes will not be sold. Wireless access to the internet and a meeting space would be
offered to guests. The hours of operation would be 8am- l0pm weekdays and 8am -12am (midnight) on Saturdays.
The business would be closed on Sundays.
Site Plan — The Petitioner's site plan indicates access to the building will be provided via the existing drive
located on Rand Road. The only exterior improvements would consist of striping one accessible parking stall and
adding a patio area in the front. As shown, the patio would not comply with the required front yard setback. The
patio would be setback approximately twenty seven (27) feet from the front property line when the Village Code
requires a minimum of thirty (30) feet. The Petitioner has not requested relief from the front yard setback and
will be required to comply with the Village Code setback requirement.
PZ -14 -13
Planning & Zoning Commission Meeting August 22, 2013 Page 3
The maximum overall lot coverage allowed is 12,045 square feet (75% of lot area). With the construction of a
patio, the overall lot coverage would increase from 9,349 square feet to 10,415 square feet (65% of lot area).
Pa_ rkinZ —The parking requirement for the proposed land use is four (4) parking spaces per 1,000 square feet of
gross floor. The Subject Property would be required to provide a minimum of seven (7) parking spaces. The Site
Plan indicates eleven (11) parking spaces, including one accessible parking space, would be provided.
Lighting Plan — The Plat of Survey indicates the Subject Property does not consist of any light poles. However,
there is a light pole Iocated to the north of the Subject Property, which may illuminate the Subject Property.
Village Staff could not confirm if the Subject Property complies with the Village Code's lighting requirements as
the Petitioner did not submit a photometric plan. The Petitioner will be required to submit a lighting plan as part
of the Building Permit process. The Petitioner has not requested relief from the lighting regulations and will be
required to comply with the Village's regulations on illumination levels and fixture design.
Landscaping - The Petitioner did not submit a Iandscape plan. Perimeter landscaping along the south and east
property lines, the building, and around the patio will be required.
The Petitioner will be required to submit detailed site, photometric, and landscape plans as part of the building
permit plan submittal. A complete review of the plans will be performed as part of the building permit review
process. These comments are included as part of the Staff Report in an effort to ensure the Petitioner is aware of
the requirements and submits the necessary documentation.
GENERAL ZONING COMPLIANCE
The Subject Property does not comply with all of the Village's zoning regulations. The primary building does not
meet the required side yard setback at the southwest corner. The building is located up to the south property line
when the Village Code requires a minimum ten (10) foot side yard setback. The parking lot setbacks from the
north and south property lines are also nonconforming. The parking lot is Iocated up to the north property line
and setback approximately seven (7) feet from the south property line when a minimum ten (10) foot setback is
required. Since no variations were ever approved for the encroachments, the structures are considered
nonconforming. The following table compares the Petitioner' proposal to B3 District's bulk requirements:
COMPREHENSIVE PLAN DESIGNATION AND ZONING
The Village Comprehensive Plan designates the Subject Property as neighborhood commercial. This land use
designation is appropriate for office, retail, and commercial service establishments. The proposed cigar shop will
be consistent with the Comprehensive Plan's designation.
133Code Requirements
Existing
Proposed
Setbacks:
Front (E)
Min. 30'
55' (principal structure)
No Change (principal structure)
27' (patio)
Interior (l)
Min. 10'
20.48' (principal structure)
No Change (principal structure)
20.48' (patio
Interior (S)
Min. 10'
0' (principal structure)
No Change (principal structure)
19.37' (patio
Rear (W)
Min. 20'
120.28' (principal structure)
No Change (principal structure)
176.3 8' (patio
Lot Coverage:
Max. 75% 12,045 s .ft.
58% 9,349 s .ft.
65% 10,416 s .ft.
Height:
35'- 3 Stories
One story
No Change
COMPREHENSIVE PLAN DESIGNATION AND ZONING
The Village Comprehensive Plan designates the Subject Property as neighborhood commercial. This land use
designation is appropriate for office, retail, and commercial service establishments. The proposed cigar shop will
be consistent with the Comprehensive Plan's designation.
PZ -14 -13 0
Planning & Zoning Commission Meeting August 22, 2013 Page 4
MAP AMENDMENT STANDARDS
The standards for Map Amendments are listed in Section 14.203.D.8.a of the Village Zoning Ordinance. When a
Map Amendment is proposed, the Planning and Zoning Commission shall make findings based upon the evidence
presented to it in each specific case with respect to, but not limited to, the following matters:
• The compatibility with existing uses and zoning classifications of property within the general
area of the property in question;
• The compatibility of the surrounding property with the permitted uses listed in the proposed
zoning classification;
• The suitability of the property in question to the uses permitted under the existing and proposed
zoning classifications; and
• Consistency with the trend of development in the general area of the property in question, and the
objectives of the current Comprehensive Plan for the Village.
Per the Petitioner, the proposed use as a cigar shop would be consistent with the Subject Property's former retail
land use. The Subject Property was formerly an eye care center, Pearl Vision, which included retail sales of
eyewear. The land use subsequently changed to a limousine business, Blues Bar Limousine Service. The
Petitioner further states that the proposed land use would be consistent with the existing surrounding commercial
land uses. He points out that the Subject Property currently abuts the B3 Community Shopping Center.
Village Staff reviewed the zoning request and found the proposal meets the standards for a Map Amendment.
The B3 Zoning District would be compatible with existing zoning within the general area. The Subject Property
border the B3 District to the south and east sides. Additionally, the proposed land use as a cigar shop would be in
keeping with the surrounding land uses and the Village's Comprehensive Plan designation. The Subject Property
is adjacent to existing commercial land uses, such as Wendy's, Holiday Inn, Bar Louie, Discount Tire, and Early
Days Day Care Center.
RECOMMENDATION
Based on these findings, Staff recommends that the Planning & Zoning Commission recommend approval of the
following motions:
"To recommend approval of:
A. A Map Amendment to rezone the property located at 211 E. Rand Road from BI Business Office to B3
Community Shopping."
The Village Board's decision is final for this case.
I concur:
� ��
William J. Cooney, AICP
Director of Community Development
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Operation Narrative
We are requesting to change the zoning from B1 to B3 to allow for a retail sales of cigars in a premium
setting. Havanna Joe's is a premiere cigar retail operation with a relaxing atmosphere where the guest
can purchase his or her favorite cigars and enjoy them on site with other fellow aficionados. We do not
sell cigarettes.
The facility is setup to allow for retail sales of cigars in a large humidor, a relaxing atmosphere to enjoy
the purchased products, as well as available meeting space with WiFI to allow our guests to be
productive while enjoying our products. Havanna Joe's also offers humidified lockers for guests to keep
their valuable cigars while away.
The hours of operation are to be 8am to 10pm weekdays and 8am to 12pm Saturdays.
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1. The existing use of the building was retail sales. It was a Pearl Vision. It is currently zoned B1
Office and we are looking to be B3 retail. This use was operated as a retail under B1 previously. The
proposed is currently compatible with the existing use.
2. The areas surrounding the proposed property are mostly B3 and backs up to R3.
3. The proposed use will comply with the general use of Zoning B3.
4. Most of the surrounding areas have become B3, with some small sections of B4.
5. The property will match the surrounding use group of B3. This is currently the only street
property from Randhurst to W. Highland.that is not B3.
6. The objective is to crate viable commercial districts which provide employment opportunities,
needed goals and services, and diversified tax revenues. This is the only operation of its kind and it has a
rapidly growing trend in the area. Thus producing a diversified tax revenue, and providing a needed
service to the community.
7. The property is suitable with the requirements of a B3 zoning. A smoke shop does not have any
further definition in any current zoning designation. B3 allows for Convenient stores that sell tobacco.
Please note that the proposed operation will NOT sell cigarettes.
3 F
To: Village of Mount Prospect Planning & Zoning Commission
Re: PZ -14 -13 / 211 E. Rand Road / Zoning map Amendment (B1 to B3)
From: Jim Bolender
Date: 8/26/2013
This packet is to be considered as additional information related to the change of use from B1 to B3 as it
related to the use of tobacco on the property. This information is in response to the comments
generated at the Board meeting on 8/22.
We have included the following information for review:
1. A property plan view showing revised Solid fencing and green space that will need to remain and
be maintained by tenant.
2. A rendering of the property currently - showing the exiting fence between properties.
3. An example of the type of fencing to be used.
4. A rendering of the proposed new fencing and green space between the two properties.
5. A report from Stanford University on a study of tobacco smoke in the open air.
6. A technical sheet on the air handler to be used in the building to "scrub" the air so that no
smoke leaves the space.
7. An informative biography of the partners involved in the new property.
8. A business plan from the partners on the new property.
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"Exposure to tobacco smoke" - excerpt from Stanford University research study
conducted by Wayne Ott and Neil Klepeis.
In the study, the researchers used portable electronic monitors to make precise
measurements of toxic airborne particles emitted from tobacco smoke at 10 different
sites. "We wanted to quantify the potential level of exposure to outdoor tobacco
smoke that could occur in everyday settings," Klepeis said. "To do this, we used five
different, state -of- the -art instruments to measure secondhand smoke ".
Each instrument was calibrated to measure an airborne pollutant known as particulate
matter -2.5 (PM2.5), which consists of thousands of microscopic particles that are less
than 2.5 micrometers in width —about 30 times narrower than a human hair.
"PM2.5 is a toxic pollutant produced by cigars, wood - burning stoves, diesel engines
and other forms of combustion," Ott explained. "It contains benzo(a)pyrene, a
carcinogen, and many other toxic chemicals that can penetrate deep inside the lungs."
The current EPA ambient air standard for PM2.5 is 35 micrograms per cubic meter of
air averaged over 24 hours. Levels that exceed 35 micrograms are considered
unhealthy.
Test Results:
To measure PM2.5 levels in secondhand smoke, the researchers placed the
instruments near actual smokers in different open -air environments. "We also
performed controlled experiments with burning cigars, which allowed us to make
precise measurements of PM2.5 levels at different distances," Klepeis said.
The researchers found that air quality improved as they moved away from the smoker.
"These results show what common sense would suggest —when you're within a few
feet downwind of a smoker, you get exposed," Ott explained. "But likewise, when you
go a little distance or stay upwind, the exposure goes way down. If there's a smoker,
and you can sit six feet away, you would have little problem. PM2.5 levels would be
within normal range.
Note:
This study was done in open air environments with no barriers of any kind between
the tobacco smoke generating unit and the test equipment. In our environment, there
is a 6' high solid fence barrier right next to the smoke generating area, then there are
19' of green foliage - starting at 10' high that will grow every year), and then another 6'
high solid wood fence barrier. By using the Stanford study as a reference, there will
be no trace of the tobacco smoke (normal levels of PM2.5) at the property line.
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a CLARCOR company
CRYSTAL HIRE
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UNIQUE PROBLEM,
UNIQUE SOLUTION
Indoor air quality problems are
typically unique to each workplace.
That's why United Air Specialists
(UAS) offers Crystal -Aire, a
concealed, modular air cleaning
system. Flexible in design, this
unit can be adapted to most
building configurations and is able
to serve more than one room at a
time with multiple filtration options.
QUIET AND
COST EFFECTIVE
Crystal -Aire causes less
distraction, because it's barely
visible and audible. Its modules
are installed above the ceiling, so
it operates more quietly than other
large- capacity air cleaners. Using a
variety of accessories, Crystal -Aire
can be adapted to most building
configurations and can serve more
than one area or room. It is an
effective system that assists
with the problem of air mixing
when smoking and non - smoking
sections are adjacent.
In addition to providing an
improved atmosphere for
your guests, customers
and employees,
Crystal -Aire can help your �
business save money.
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8/26/2013
This concealed system reduces
cleaning and housekeeping costs
by minimizing contaminant build -up
on walls, windows and furniture.
And, instead of exhausting
expensive heated or cooled air
outdoors, Crystal -Aire recirculates
cleaned air within a given space —
resulting in a significant reduction
in utility bills.
OUT OF SIGHT, OUT
OF MIND
Crystal -Aire concealed air cleaners
specifically filter smoke, dust
and other hazardous irritants such
as bacteria and viruses from the
air. Its modules are installed
above the ceiling, virtually out of
sight. Only the inlet and outlet
grilles are visible, and depending
on your business' layout, you
have the flexibility to determine
the placement of these grilles to
ensure complete and efficient
removal of harmful airborne
particles.
A UAS Representative can assess
your air quality situation to help
determine which Crystal -Aire
modules best meet your needs.
HOW CRYSTAL -AIRE WORKS
Crystal -Aire concealed systems are an innovative
concept in electronic air cleaners. Their flexibility enables
these units to adapt to any situation or room configuration
to effectively solve your particular air cleaning needs.
As shown below, dirty air is drawn into the Crystal -Aire
system through waffle- shaped inlet grilles, or Return Air
Assemblies, located in two different areas. The air flows
Aluminized
Flexible Duct
APPLICATIONS
• Animal shelters
• Bars
• Bingo halls
• Bowling alleys
• Cigar bars
• Conference rooms
• Dental labs
• Healthcare facilities
8/26/2013
through Aluminized Flexible Ductwork and is directed
to the unit via a Wye Connection. Once inside, marry
pollutants and harmful contaminants are filtered, and the
discharged air is then released into different locations
through louvered outlet grilles, or Supply Air Assemblies.
• Laboratories
• Offices
• Reception halls
• Recreational facilities
• Restaurants
• Schools
• Smoking areas
8/26/2013
CHOOSE FROM A VARIETY OF MODULES
ESP Module Motor /Blower Module
Fresh Air Inlet Odor Control s
Module Module WARRANTY
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MODULE OPTIONS
All module cabinets are constructed with heavy -duty,
18 -gauge galvanized steel for durability, and are also
designed to interlock with one another. Each section offers
easy access for routine maintenance and servicing, and
adapter panels are available for connecting to standard
ductwork or additional modules.
All Crystal -Aire systems require the Motor /Blower module.
This quiet motor /blower draws air into an inlet grille,
pushes it through aluminized flexible duct and other
filtration modules and then sends it out of the outlet, or
supply grille(s).
The ESP module is the most common section used with
the motor /blower. It consists of a pre - filter, ionizer,
collection cell, optional after - filter and power pack. Inside
the ESP section, tobacco smoke, dust, pollen and other
submicronic particles are captured much like a magnet.
Large contaminants are trapped in the pre - filter, while
submicronic particles receive a positive charge from the
ionizer. The charged particles are then trapped on reusable
collection plates and sent through an optional 6 ", 95%
HEPA or carbon after - filter.
Instead of an ESP cleaner, some building codes specify
the use of a "bag" or "box" filter. The Crystal -Aire Bag
Filter module holds a disposable pre - filter and a pocketed
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"bag" filter. As contaminated air passes through filter
fibers, airborne particles are trapped on media fibers and
eventually on other built -up contaminants, the result being
an effective air cleaning mechanism. The Bag Filter module
uses a red operation light, or pressure switch, to monitor
loading of the filters.
BOX FILTER MODULE
Another alternative to the ESP cleaning system is a "box"
filter. The Crystal -Aire Box Filter module operates similar
to the Bag Filter described above and has comparable
efficiencies. In this module, a HEPA or ASHRAE "box"
filter is used in applications where extremely high efficiency
or special duty is required. It consists of a disposable
pre - filter, folder media filter mat mounted within a particle
board frame and pressure switch to monitor filter loading.
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The GUV module combines electrostatic filtration and
germicidal ultraviolet radiation to provide the optimum
in effectiveness for removal of airborne dusts, pollen,
bacteria, germs, viruses, molds and spores. Especially
useful in healthcare facilities, this module offers the
technology to kill viruses and deactivate bacteria and
spores. And, the GUV lights require no biohazard handling
of contaminated filters.
The Odor Control module, which typically follows the ESP,
Bag or Box Filter section of a Crystal -Aire system, is used
to combat strong, pervasive odors. This module is made
up of six trays, which hold 18 lbs. of carbon or potassium
permanganate, and a disposable after - filter to capture any
carbon dust that might be entrained into the airstream.
The Fresh Air Inlet is a transition piece, or plenum, that
delivers air from the outdoors, or another location in a
building, to the filtration area.
SPECIFICATIONS
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Electrical: 1 HP, 115/1/60, 14.5 amps
1 HP, 230/1/60, 7.3 amps
(2 HP option available)
Weight: 135 lbs.
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12'0 KNOCKOUT
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Electrical: 115/1/60, 2.0 amps
Output: 48 UV watts with 1.4 amps
Weight: 105 lbs.
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Electrical: 115/1/60, 0.25 amps
Output: 12,000 VDC, 5.0 MA Max
Weight: 88 lbs. Full; 53 lbs. Empty
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ODOR CONTROL MODULE
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8/26/2013
ACCESSORIES
WYE CONNECTION
The Wye Connection is a device used to direct air
to more than one area of a room. This transition piece
can accept sheet metal or flexible duct.
Available sizes include:
• 16" inlet with two
10" wye connections
• 16 inlet with three
8" wye connections
• 10" inlet with two
8" wye connections
The Aluminized Flexible Duct allows users to channel air
up to 25'. It is made of UL- listed aluminum polyester
laminate with encapsulated galvanized steel wire, and
can be compressed into just 32 ". Aluminized Flexible
Duct is available in the
following sizes:
• 8" x 25'
• 10" x 25' ' - --
• 16" x 25'
An optional accessory with Crystal -Aire Systems,
the Remote Switch Assembly features a wall- mounted
remote control with on /off switch and one or two
indicator light(s).
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The lights notify users when
the unit needs to be serviced,
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determined by which modules
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make up the system.
Designed to draw air into
the Crystal -Aire, the Return
Air Assembly, or inlet grille, is
made up of molded fiberglass
plenum with scrim reinforced
foil back and square -to -round collars. The molded
white polystyrene eggcrate is 24" x 24" T -bar drop -in
with 1/2" x 1/2" grid spacing.
• 24" x 24" T bar (12" x 12" grille) with 8" elbow
• 24" x 24" T -bar (12" x 12" grille) with 10" elbow
The Supply Air Assembly, or 1 1 1
outlet grille, recirculates clean air
into the room. It features a white
enamel finish to blend with the
ceiling and adjustable louvers.
Supply Air Assemblies are available in these sizes:
• 24" x 24" T -bar (12" x 12" grille) with 8" elbow
• 24" x 24" T -bar (12" x 12" grille) with 10" elbow
• Activated carbon tray
• Adaptor plate with 16" collar
• Long wire ties
• Plenum supports
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Filter Description Odor D imensions
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1" Aluminum Mesh Prefilter • Layered aluminum IN A A A 18 x 19 7 /8 2.5 n/a
mesh screen (as after- filter)
• Heavy -duty
aluminum channel
frame
1" Pleated Media Prefilter • Pleated, non- A ■ IN IN 18 x 19 x 7 /8 5.5 35%
woven reinforced ASHRAE
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• Hea du t
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Collection Cell & Ionizer • Aluminum ■ 17 x 18 /16x 10 140 95%
construction (cell) ASHRAE
• Concealed
insulators
• Stainless -steel 17 x 18 /16 x 3 n/a n/a
contact points (ionizer)
+' • Tungsten wires
Extended Surface Bag Filters • Ultra -fine 18 x 19 x 22 37 65%
fiberglass media ASHRAE
Galvanized steel 18 x 19 x 22 37 95%
header frame ASHRAE
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Box Media Filters • Waterproof glass A 18 x 19 x 5 49 95%
media HEPA*
• Particle board A 18 x 19 x 11 67 95%
frame ASHRAE
A 18 x 19 x 11 94 95%
ASHRAE
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HEPA*
A 18 113 99.9%
HEPA*
Carbon Tray • Six 3 /4" trays of ■ 12 X 19 x 3 /4 2.2 lbs. n/a
carbon in metal frame (tray size) per tray
• Six 3 /4" trays of ♦ 12% X 19 X 3 /4 5 lbs. n/a
potassium in (tray size) per tray
Y metal frame
Vee Bank Odor Filters • 6" carbon 18 x 19 x 5 50 lbs. n/a
vee bank cell
• Ten 1 " carbon 5 x 18 x 1 20 lbs. n/a
trays
* Thermal DOP Federal Standard 209A ■ Standard A Optional
AIR CLEANING SPECIALISTS, Inc.
826 Horan Drive Fenton, MO 63026
636- 349 -4400 (Fax)(: 636- 349 -0556
Toll Free: 800- 878 -5030
smokeeters.com
Clean air. It's what we do. "°
8/26/2013
HAVANA JOE'S UP N' SMOKE BUSINESS PLAN
EXECUTIVE SUMMARY
Havana Joe's Up N Smoke (hereinafter "Havana Joe's ") is intended to be formed as a cigar
lounge located at 211 E. Rand Road in Mt. Prospect. It will generate revenue by selling a large
variety of single cigars, boxes of cigars, cigar accessories and memberships for monthly use of
private lockers and use of a smoking room and first access to special cigar imports and events.
II. BUSINESS DESCRIPTION
Havana Joe's is organized as a unique, upscale cigar lounge that caters to cigar aficionados as
well as the casual smoker. It will be an inviting, laid back place that will have leather armchairs
and couches, a polished walk -in humidor room, espresso /coffee machine, soda and water. It
will also have TV's so the patrons can relax in comfort and catch up with current events or enjoy
watching a sporting event. We will also provide free Wi -Fi for internet access and reading
material. Most patrons will skew towards the older end of the demographic scale as well as the
mid to higher end of the income bracket. Havana Joe's will become an oasis in our hectic lives
where one forgets about troubles, meets interesting people, and enjoys friendship and cigars.
We are also installing a state of the art ventilation system to keep the air clean and fresh.
Iii. MISSION STATEMENT
Havana Joes is the place where the cigar smoking community can get together to relax while
enjoying a smoke in a comfortable relaxing environment.
"Keep smoking my friends" — Havana Joe
ORDINANCE NO.
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP
OF THE VILLAGE OF MOUNT PROSPECT
FOR PROPERTY LOCATED AT 211 EAST RAND ROAD
WHEREAS, CFA, Inc. ( "Petitioner'), has filed an application to rezone certain property located at 211 East Rand
Road ( "Property'), and legally described as follows and attached as Exhibit A.
Lot 1 in Mack Cadillac's Subdivision in Mount Prospect, a Subdivision of Part of the Northwest
Quarter of the Northwest Quarter of Section 34, Township 42 North, Range 11 East of the Third
Principal Meridian, According to the Plat Thereof Recorded September 7, 1979 as Document
25135671, in Cook County, Illinois
Property Index Number: 03 -34- 200 - 183 -0000; and
WHEREAS, the "Petitioner" has requested the "Property" be rezoned from B1 (Business Office District) to B3
(Community Shopping District); and
WHEREAS, a Public Hearing was held on the request for rezoning being the subject of PZ- 14 -13, before the
Planning and Zoning Commission of the Village of Mount Prospect on the 22 day of August 2013, pursuant to
proper legal notice having been published in the Mount Prospect Journal & Topics on the 7 th day of August, 2013;
and
WHEREAS, the Planning and Zoning Commission has, submitted its findings and negative recommendation to
the President and Board of Trustees for denial of the request being the subject of PZ- 14 -13; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have considered the request
being the subject of PZ -14 -13 and have determined that the best interests of the Village of Mount Prospect would
be served by granting said request.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE
OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE
POWERS:
SECTION ONE: The recitals set forth hereinabove are incorporated herein as findings of fact by the President
and Board of Trustees of the Village of Mount Prospect.
SECTION TWO: The Official Zoning Map of the Village of Mount Prospect, Illinois, as amended, is hereby further
amended by reclassifying the property being the subject of this Ordinance from B1 (Business Office District) to B3
(Community Shopping District).
SECTION THREE This Ordinance shall be in full force and effect from and after its passage, approval and
publication in pamphlet form in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of September, 2013.
Arlene A. Juracek
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H: \CLKO\ WIN\ ORDINANCE2 \mapamendmentseptember32013.doc
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I
MoM 11
UWELMIIOU���
TO: VILLAGE MANAGER MICHAEL E. TANG NIS
FROM: VILLAGE ENGINEER
DATE: AUGUST 29, 2013
SUBJECT: APPROVAL OF AMEN DIVIEN'I"TO LEVEE 37 INTERGOVERNMENTAL AGREEMENT
On September 2, 2008, the Village executed an Intergovernmental Agreement (IGA) pertaining
to Levee 37 along with the Illinois Department of Transportation (IDO Illinois Department of
Natural Resources (IDNR) and the City of Prospect Heights, In that IGA, IDOT agreed to grant
easements within their public right-of-way for the access to, construction and maintenance of
the Levee. As the Army Corps prepares to issue a contract for the rernainder of constrUCtiOl') Of
Levee 37 it has become apparent to them that additional easements are required. The Corps
has identified 2 areas (both w thin Prospect Heights) where easements will need to be obtained
from IDOT, An amendment to the original IG:A is required for granting of these easements. This
a mendment .ndrnent must be adopted by all original signers of the IGA. There is no cost associated with
granting of these easements. I recon that the Village Board adopt an ordinance
authorizing approval of an amendment to the Levee 37 IGA at the September 3, 2013 Village
Board Meeting.
Please don't hesitate to contact Me if YOU have any questions,
�� ulbecker
CC Public Works Mroctor Sean P, Dorsey
I I ng knee r i rip
wilh 0NR\Amen(JrtwnLMrn
Village of Mount Prospect
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
TO: MAYOR IRVANA WILKS
BOARD OF TRUSTEES
FROM: MICHAEL E. JANONIS
DATE: AUGUST 27, 2008
RE: APPROVAL OF VARIOUS INTERGOVERNMENTAL AGREEMENTS IN
CONJUNCTION WITH LEVEE 37
In advance of the September 4, 2008 Cook County Forest Preserve District Board meeting where
we anticipate final approval of our request for temporary and permanent easements, the Village
needs to approve execution of several documents that will facilitate the letting of the Levee 37
construction contract prior to the end of the federal fiscal year.
Staff recommends the Board adopt an Ordinance authorizing the execution of two new
Intergovernmental Agreements (IGA) and the amendment of a third, existing IGA.
Intergovernmental Agreement with the Illinois Department of Natural Resources,
Illinois Department of Transportation, City of Prospect Heights and Village of
Mount Prospect:
Secures land rights on IDOT Right of Way and covers our obligations
as the local sponsors (along with Prospect Heights) of the Levee project including future
operation and maintenance responsibilities.
Intergovernmental Agreement with Forest Preserve District of Cook County, City
of Prospect Heights and Village of Mount Prospect:
Secures easement rights on
forest preserve land for construction of the Levee and provides for compensation to the
District by Prospect Heights and Mount Prospect for said rights.
Amend existing Intergovernmental Agreement between Prospect Heights and
Mount Prospect:
Provides for mutual obligations in operation and maintenance of the
Levee. Lays out costs sharing for Levee expenses and reimbursement to Mount
Prospect for money advanced on behalf of Prospect Heights.
Staff also recommends adoption of a resolution authorizing execution of an agreement with
SWANCC (Solid Waste Agency of Northern Cook County) to acquire property that will be used as
partial compensation to the Cook County Forest Preserve District.
All Intergovernmental Agreements are very close to being in final form, but are still being reviewed
by numerous parties and are subject to further minor revision. Language in the
Ordinance/Resolution provides for final review and approval by the Village Attorney and Village
Manager before forwarding to the Mayor for signature. Quick action is necessary so as to keep the
project on track and protect the $16 million in Federal dollars pledged to this project.
MICHAEL E. JANONIS
VILLAGE MANAGER
C: Jeff Wulbecker, Village Engineer
Everett Hill, Village Attorney
AMENDMENT NUMBER ONE
t4 an
AGREEMENT
between the
STATE OF ILLINOIS/DEPARTMENT OF NATURAL RE URGES
and the
STATE OF ILLINOIS/DEPARTMENT OF TRANSPORTATION
and the
CITY OF PROSPECT HEIGHTS
and the
VILLAGE OF MOUNT PROSPECT
o the
UPPER ICE'S P'LAINES RAVER FLOOD DAMAGE REDUCTION PROJECT
ELEMENT,
LEVEE 37
THIS AMENDMENT MENT NUMBER ONE is made among the City of Prospect
Heights, hereinafter referred to as the "CITY", the Village of Mount Prospect, hereinafter
referred to as the "VILLAGE", the State of Illinois/Department of Natural Resources,
hereinafter referred to as "'NATURAL RESOURCES" and the State of
Illinois /'IDepartn'uent of Transportation„ hereinafter referred to as "TRANSPORTATION",
and entered into this
Day of
WHEREAS, the CITY, the VILLAGE„ NATURAL RESOURCES ES and
TRANSPORTATION TATIC N entered into an agreernent, hereinafter referred to as the
"AGREEMENT," effective :September 16, 2008, a copy of which is attached hereto as
EXHIBIT A and incorporated herein by reference, covering the construction of the Levee
y Project Element, hereinafter referred to as the "PROJECT"; and
WHEREAS, EAS, additional rights -of -way belonging to TRANSPORTATION are
required for completion of the PROJECT and
WHEREAS, NATURAL RESOURCES ES has determined that 1) the circumstances
necessitating this AMEN DMENT NUMBER ONE were not reasonably foreseeable at the
time the AGREEMENT was originally executed, ) AMENDMENT ENT NUM BEM NIE is
germane to the AGREEMENT as originally executed, and ) this AMENDMENT
MOMENT
NUMBER ONE and the AGREEMENT are in the best interest of NATURAL
RESOURCES and the State of Illinois; and
WHEREAS, NATURAL RESOURCES has determined that the execution of this
AGREEMENT is subject to the signature requirements of the "State Finance Act," 30
ILLS 105/9,02 and
NOW THEREFORE, for and in consideration of these prernises, the parties
hereto agree to the following modifications therein:
To end of paragraph B. of the AGREEMENT, add the following language:
"TRANSPORTATION will grant access to their property as shown on
EXHIBIT B, attached hereto and incorporated herein by reference, which
amends EXHIBIT B, to the AGREEMENT the intent herein is to grant such
additional access over and upon the additional easement areas shown on
the amended EXHIBIT B to the VILLAGE, CITY, CORPS and NATURAL
RESOURCES for the purpose of construction, operations, inspections,
maintenance, repair and rehabilitation of the LEVEE 37 PROJECT
ELEMENT for so long as LEVEE 37 PROJECT ELEMENT remains
authorized by the CORPS. Any actions of the VILLAGE, CITY and/or
NATURAL RESOURCES for the purpose of construction, operations,
inspections, maintenance,, repair and rehabilitation of the LEVEE 37
PROJECT ELEMENT that will impact normal traffic flows will require an
IDOT traffic access permit."
2 The parties to this AMENDMENT NUMBER ONE and the CORPS have
determined the Levee 37 project limits need to be expanded as shown on
EXHIBIT B. TRANSPORTATION has agreed to expand the easement as
shown 1 he parties to this AMENDMENT NUMBER ONE have agreed
that the CORPS shall prepare Surveys describing the easement area as
expanded by this AMENDMENT NUMBER ONE, Upon receipt of the
revised Surveys from the CORPS, the parties shall review said documents
and, if all concur, attach the surveys to this AMENDMENT NUMBER ONE
post exeCL)fi0n, Each party shall give its approval in writing. Said approval
shall not be unreasonably withheld. It is understood by the parties hereto
that should the Amended Easement surveys not be prepared, reviewed
and approved within a reasonable time after the execution of this
AMENDMENT NUMBER ONE, TRANSPORTATION shall have the right to
revoke this Amendment,
3, All other covenants under terms of the September 16, 2008 AGREEMENT
remain unchanged and in full force and effect,
IN WITNESS WHEREOF, the parties hereto set their hands and seals the day and year
written, and represent that the signatories below are duly authorized '! to execute this
AMENDMENT NUMBER ONE on behalf of their respective bodies, and that the effective
date of this amendment is the date approved and executed by the Director of NATURAL
RESOURCES.
W111901184"
ZPAMMITIRMEMPT"D
JUN, Director
Office of Water Resources
Date:___
FWAT2 2 0 KI - Prim
Marc Miller', Director
Department of Natural Resources
Date:
"Iff maoffim
..........
Mitch Cohen
Chief Legal Counsel
Date.
. . .................
Scott Harper
Chief Fiscal Officer
Date:
w1offm
ATTEST: APPROVED:
M, Lisa Angell, Clerk
Date:
Arlene A. JUracek, Mayor
Village of Mount Prospect
Date�
F.4mms
FAI r
Stacey Adarnson, Clerk Ni s J - H e"' yo" - r
City of Prospect Heights
Date: Date
STATE OF ILLINOIS/DEPARTMENT OF TRANSPORTATION
109MIT11
Omer Osman
Di i t Division of Highways
Chief Engineer
Date:
Mai
An"'n L, Schne I i d I'll er, S,ec - retry
Department of Transportation
Date:
U Levee 37 Real Estate
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING AMENDMENT TO INTERGOVERNMENTAL
AGREEMENT WITH THE ILLINOIS DEPARTMENT OF NATURAL RESOURCES,
ILLINOIS DEPARTMENT OF TRANSPORTATION, CITY OF PROSPECT HEIGHTS
AND THE VILLAGE OF MOUNT PROSPECT FOR THE UPPER DES PLAINES
RIVER FLOOD DAMAGE REDUCTION PROJECT ELEMENT, LEVEE 37
WHEREAS,
Ordinance NoAN ORDINANCE AUTHORIZING THE VILLAGE PRESIDENT AND
VILLAGE CLERK TO EXECUTE CERTAIN INTERGOVERNMENTAL AGREEMENTS PROVIDING FOR
FLOOD CONTROL AS PART OF THE US ARMY CORPS OF ENGINEERS' UPPER DES PLAINES RIVER
FLOOD DAMAGE REDUCTION PROJECT, INCLUDING AN AGREEMENT BETWEEN THE VILLAGE OF
MOUNT PROSPECT AND THE STATE OF ILLINOIS/DEPARTMENT OF NATURAL RESOURCES, THE
STATE OF ILLINOIS/DEPARTMENT OF TRANSPORTATION AND THE CITY OF PROSPECT HEIGHTS,
ILLINOIS was adopted by the Village Board of Trustee on September 2, 2008; and
WHEREAS
, the Inter-governmental Agreement (Agreement) with the Illinois Department of Natural
Resources and Illinois Department of Transportation, (IDOT) City of Prospect Heights and the Village of
Mount Prospect secured land rights on IDOT rights-of-way; and
WHEREAS
, the Illinois Department of Natural Resources has determined additional rights-of-way belonging
to the Illinois Department of Transportation are required for completion of the Levee 37 Project Element;
and
WHEREAS,
IDOT
easement for the completion of Levee 37; and
WHEREAS
, the President and Board of Trustees of the Village of Mount Prospect have considered
Amendment Number One of the Agreement to expand the IDOT easement attached hereto and made a
part hereof as and have determined that said amendment to the Agreement is in the best
interests of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR
HOME RULE POWERS:
SECTION ONE
: That the Board of Trustees do hereby authorize the Village President to execute
Amendment Number One to the Agreement for the Upper Des Plaines River Flood Damage Reduction
Project Element, Levy 37 (Contract Number OWR-243 a copy of which is attached to and made a part of
this Ordinance as Exhibit "A."
SECTION TWO
: That this Ordinance shall be in full force and effective from and after its passage and
approval in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of September 3, 2013
_____________________________________
Arlene A. Juracek
Mayor
ATTEST:
________________________________
M. Lisa Angell
Village Clerk
H:\CLKO\files\WIN\RES\amendIntergovt Agrmlevee37sept2013