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HomeMy WebLinkAbout5. Old Business 11/05/2013Village 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 RTLAMPlanning & Zoning COMh"&Z 2a MStaff Repons\PZ4443 21 1 E. 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Z II I O ru cr uo D'AOIB nEVSory D LA T E . ry `e PROPOSED BUILDING RENOVATION & REMODELING N HAVANNA JOES Ell E. RAND RD NT. PROSPECT, ILLINOIS f \fy m m n n m D Z m m C m r C r r W r n = a - _- I HII I u Go000GG0o0ooOG0oGG01� 111111111m n�nnnnn00� iP vo ROOM �oo io 00 00000eo 00 0 0 m m n n m D Z m m C m r C r r W r ars aec rT1 PROPOSED BUILDING RENOVATION & REMODELING HAVANNA JOES 211 E. RAND RD NT. PROSPECT, ILLINOIS n = a - _- I ars aec rT1 PROPOSED BUILDING RENOVATION & REMODELING HAVANNA JOES 211 E. RAND RD NT. PROSPECT, ILLINOIS `' — — C) F> - _ - rF.• III^, - - ^ 1/ tl•. n m D pI T, o c: LA e _ _ p - — A u A — a ns - - s a.; z n i m o: 180018 D PROPOSED �� PROPOSED BUILDING RENOVATION & REMODELING N N�wN HAVANNA JOES � CONiEMS: 211 E. RAND RD NT. PROSPECT, ILLINOIS ag '00 " WU W u . ........... . . .. .. .. .. 16 ag 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. \j\ \fo §t \M j z . ). §m � -- � » - . . ! \ k }§ ���. rz & ` ,» � E -. . 2i3 \ z =� w- � � \ � ( k } %M . z� ! ` � § /m y \ > y | e I | k / k \Q \ 7) } 2) d k « / (t- � E « ' {)\ge&s"Ex A z .2583% <o C. § \ 2 2J% ® ®,;!!\ \ °-` /\ /q � £ § ° `� , • . � 1 ; : § } !� a ­ -- \ P o o Bum IN H.AVAN NA JOES MT.PROSPECT, 211 E RAND RD ILLINOIS �n 1LO0f� 11lNFUYr. SY.iI _ ° I - u PROPOSED BUILDING RENOVATION & REMODELING N = HAVANNA JOES 211 E. RAND RD MT. PROSPECT, ILLINOIS CIE m I _ L _ - - - 4 CC - _ D f A m m L G. O lkK� o °A m n ° � n _a n - _ _ F I^ - - �n 1LO0f� 11lNFUYr. SY.iI _ ° I - u PROPOSED BUILDING RENOVATION & REMODELING N = HAVANNA JOES 211 E. RAND RD MT. PROSPECT, ILLINOIS 1.41 1 3 i f 1 11 e i cn P i Vil R gy l fi a q P s p cn AS 6 4 Q f. Sl: o (M .� F + a a Yx +g n my Cn 0 O °.M fM O Q O a. z n L9 Y� g Y 1t. Ut4, «s x .' O m. o M M it Y, $ d. 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. M rl LU O O� � N Q 0 Z 00 � I 0 9 1 • r b 4 a o � 8 imcu R- r� Z J Z W W LLI C� C) O m O ce- CL m r-i 0 � � � � � 00 � � � » a 2 �«■ . � . ro r-i 0 � � � 0 qt, 3' � . ; -- �� ! - }� �� \ r . \. . � r ¥ � } , .! -v) f I �T� N •1r= N 7 rq "11 �r 4 A 4 F ,. A l 'F �y Js �r k f f 9 7f F R 1 W � y p ' A r i 8/26/2013 "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. Nlk O United Air Specialists, Inc. a CLARCOR company CRYSTAL HIRE I L I - r-A lil Q It w L3 Clean air. It's what we do. TM Using a variety of accessories, Crystal -Aire can be adapted to most building configurations and can serve more than WL WWWWrIKOINY027 %%1 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. i 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 -.091111111W 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 T_ "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. I r 5 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 36,n� —+) �1 f1H+� � 31 94 2116 153 1/2'0 KNOCKOUT FOR MOUNTING P1J40E5 Z 718"O KNOCKOUT FOR CONDUIT Electrical: 1 HP, 115/1/60, 14.5 amps 1 HP, 230/1/60, 7.3 amps (2 HP option available) Weight: 135 lbs. 3412 — 21n6 153 12'0 KNOCKOUT FOR MOUNTING r —' FOR KNOCKOUT (8)PLACES FOR CONDUIT 191!2 —ter 21 7i8 19 011/d2' 1' COLLAR 10112— 217 18 "3B 1Y f �t Weight: 61 lbs. Full; 53 lbs. Empty ESP MODULE WITH GUV LAMPS 341)2 1 •-1 3'4 21ns 153116 12 KNOCKOUT 1 FOR MOUNI4W3 (8) PLACES 7/8.0 KNOCKOUT FLOW 18112 --R 16 31i � 21 VB 1639 19 Electrical: 115/1/60, 2.0 amps Output: 48 UV watts with 1.4 amps Weight: 105 lbs. 341,2 1118 314 7 i 112'9 KHOCK11Yf FOR N1DLeNTWG (8) PLACES KNOCKOUT FOR CONDOR- _ 49' 113—+ 211 7,S I I Electrical: 115/1/60, 0.25 amps Output: 12,000 VDC, 5.0 MA Max Weight: 88 lbs. Full; 53 lbs. Empty 1 1A -F —2458 " 21/ 8 T 163na 12 "0 KNOCKOUT FOR MOUNTING 7/8 "0 KNOCKOUT (8) PLACES FOR CONDOR � 19112 183/M1� AIRFLOW 217 I II 163 10 Weight: 65 lbs. Full; 42 lbs. Empty ODOR CONTROL MODULE 16719 11a81 2 1118 i 15 J— 120 KNOCKOUT FOR M.UNT= lB) PLACES A RF Weight: 61 lbs. Full; 37 lbs. Empty 191/2— 16314-1 II 217/8 L 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). f ay�+�rrl -1lrr I The lights notify users when the unit needs to be serviced, p and the number of lights is determined by which modules g 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 FJo _ r LL - ef FILTER OPTIONS M Filter Description Odor D imensions Contr r 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 yM'� cotton fiber media • Hea du t - fiberboard frame S 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 ,. I 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 S 18 113 95% 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. ), has filed an application to rezone certain property located at 211 East Rand ), and legally described as follows and attached as Exhibit A. 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 nd Planning and Zoning Commission of the Village of Mount Prospect on the 22 day of August 2013, pursuant to th proper legal notice having been published in the Mount Prospect Journal & Topics on the 7 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 ag '00 " WU W u . ........... . . .. .. .. .. 16 ag