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Home My WebLink About6. NEW BUSINESS 8/16/05 MEMORANDUM Village of Mount Prospect Community Development Department TO: MICHAEL E. JANONIS, VILLAGE MANAGER ~b. ~-n., 8\'''''106" FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: AUGUST 12, 2005, 2005 SUBJECT: PZ-27 -05 - CONDITIONAL USE (CIRCULAR DRIVEWAY) 109 MAC ARTHUR BOULEVARD MATTHEW AND GIGI O'MARA - APPLICANTS The Planning & Zoning Commission transmits their recommendation to deny Case PZ-27-05, a request for a circular driveway, as described in detail in the attached staff report. The Planning & Zoning Commission heard the request at their July 28, 2005 meeting. The Subject Property is located in the Northwest Meadows Subdivision on Mac Arthur Boulevard. The street pavement width of MacArthur Blvd is 27 feet, which is one foot narrower than current Village Code requires. The Petitioner intends to tear down the existing ranch house to construct a new, two story house and related improvements that include a circular driveway. The Zoning Ordinance requires Conditional Use approval for new circular driveways. Previous requests for circular driveways have been approved to address safety concerns, not for convenience or to provide additional parking. The Planning & Zoning Commission discussed the proposed amount of front yard lot coverage, the general character of the neighborhood, and construction of a turn-around as an alternative to a circular driveway. The Petitioner stated that he was most concerned about the safety of his daughter and wanted to provide a safe place for her to play. Neighbors addressed the P&Z and stated concerns regarding additional lot coverage and snow removal; however one neighbor confirmed that many drivers cut through the neighborhood using Mac Arthur Boulevard. The P&Z noted that the circular driveway would be constructed of brick pavers, but that a landscape plan had not been submitted. The P&Z further noted that a maximum of 11 cars could be parked in the driveway and garages, and reiterated their concerns about the front yard lot coverage in a neighborhood characterized by open, green yards. The P&Z also discussed alternatives to a circular drive with the Petitioner. They gave the Petitioner the opportunity to withdraw the request to explore other design options, but the Petitioner declined this option. The Planning & Zoning Commission voted 1-4 to recommend that the Village Board approve a request for a Conditional Use permit for the construction of a circular driveway at 109 Mac Arthur Boulevard, Case No. PZ- 27-05 subject to the following conditions: 1) overnight parking on the circular portion of the driveway is prohibited; and 2) the Petitioner shall construct the driveway of brick pavers In order to approve the request, a super majority vote is required from the Village Board since the P&Z did not make a favorable recommendation. PZ-27-05 August 12, 2005 Page 2 The Petitioner submitted a revised design that reduces the amount of front yard lot coverage. The attached plans indicate the driveway width has been reduced and the front yard lot coverage would not exceed 35%. ill addition, the overall site has less than 33% lot coverage; 35% is the lot coverage limitation for the Subject Property. Please forward this memorandum and attachments to the Village Board for their review and consideration at their August 16,2005 meeting. Staff will be present to answer any questions related to this matter. w- .. CP Ijme H:\PLAN\Planning & Zoning COMM\P&z 2005\MEJ Mcmos\PZ-27-05 MEJ MEMO (I09:Mac Arthur - CU _ driveway).doc MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-27-05 Hearing Date: July 28, 2005 PROPERTY ADDRESS: 109 Mac Arthur Boulevard PETITIONER/OWNER: Matthew and Gigi O'Mara 109 Mac Arthur Boulevard, Mount Prospect, IL 60056 PUBLICATION DATE: July 13, 2005 PIN#: 03-33-423-012-0000 REQUEST: Conditional Use - Circular Driveway MEMBERS PRESENT: Chair Arlene Juracek Joseph Donnelly Marlys Haaland Ronald Roberts Richard Rogers MEMBERS ABSENT: Leo Floros Keith Youngquist STAFF MEMBERS PRESENT: Clare Sloan, Neighborhood Planner Jason Zawila, Long Range Planner Elizabeth Schuh, Planning Intern Christina Park, Planning Intern Ellen Divita, Deputy Director, Community Development INTERESTED PARTIES: Gigi Matthew Bob Fata Jeffrey Everett Nancy Fritz Don Churchill Chairperson Arlene Juracek called the meeting to order at 7:30 p.m. Richard Rogers moved to approve the minutes of the June 23,2005 meeting and Joseph Donnelly seconded the motion. The motion was approved 5-0. At 8:32 PM Ms. Juracek introduced Case No. PZ-27-05 a request for Variance for a Circular Drive way at 109 Mac Arthur. She said that this case would be Village Board Final. Elizabeth Schuh, Planning Intern, summarized the request. She said that the Subject Property is located on the north side of Mac Arthur Blvd between Withorn Lane and Forest Avenue. The Subject Property is zoned RX Single Family Residence and is bordered by single-family zoning districts on all sides. The petitioner intends to demolish the existing house and construct a new house and related site improvements. Similar to other requests for circular driveways, this street does not have sidewalks or curb and gutter, and the street pavement width is 27 feet (which is 1 foot less than the current code requirement). The Subject Property is drained by a ditch and culvert system. The Petitioner intends to construct a new house and related site improvements that will meet Village Code requirements. However, the proposed circular driveway requires Conditional Use approval. The proposed circular driveway measures 12-feet wide and would connect to a 'standard' 20 -30' wide driveway. The attached site plan shows that the proposed driveway, to be constructed of brick pavers, would cover 41 % of the front yard. Additionally, the Petitioner plans to construct a two-car garage and a single car garage. Staff discussed the need for a Conditional Use for the second garage, which is attached to the house by a roofed, unenclosed porch. PZ-27 -05 Planning & Zoning Commission Meeting July 28, 2005 Page 2 However, the Director of Community Development determined that since both garages are attached to the house, Conditional Use Approval is not required for the proposed garages. If either or both garages had been detached, a Conditional Use Approval would have been required. The standards for Conditional Uses are listed in the Village Zoning Ordinance. The section contains specific findings that must be made in order to approve a Conditional Use. Ms Schuh summarized the standards and said that as with other requests for circular driveways, Staff evaluated traffic patterns in the neighborhood of the Subject Property. It has been Staff policy to support requests for circular driveways when the Subject Property fronts on an arterial street and/or the traffic volume is such that a circular driveway is necessary to resolve a safety conflict. In this case, the street has a minimally substandard pavement width (1 foot short of the 28 feet required), but it is a Local Street intended to serve only vehicle trips generated within the neighborhood. The Police Department reviewed the request and deferred to the Traffic Engineer's findings. The Village's Traffic Engineer did not find that the volume of traffic along Mac Arthur Boulevard would impede the Petitioner from backing out of the driveway. The Petitioner's submittal calls for a l2-foot wide, brick paver, circular driveway that results in 41 % front yard lot coverage. Historically, Staff has used the 35% front yard coverage referenced in the Zoning Ordinance as a guideline to determine the impact of the circular driveway on the neighborhood character. Although the site complies with overall lot coverage requirements and brick pavers are an attractive alternative to a concrete driveway, the lot coverage in the front yard is an issue. The proposed 41% front yard coverage would create an amount of paved surface in the front yard in excess of the coverage generally present in the neighborhood. Staff conducted a site visit and found two circular drives in the immediate vicinity of the subject property. The first is located at 212 Mac Arthur Boulevard on a comer lot and appears to have been installed before a Conditional Use Permit was required for circular driveways. The second is located at 1006 W Isabella. The owner of this property applied for a conditional use for the driveway and front porch encroachment into the setback. The Zoning Board of Appeals recommended that the conditional use request for a circular drive be denied. However, the Village Board approved the request after the petitioner reduced the number of curb cuts from three to two, reoriented the garage, and reduced the lot coverage to comply with the 35% limit. After the staff report was completed, staff surveyed the full subdivision and found three additional circular drives, located at 401 Mac Arthur, 902 Gregory, and 303 Dale. 401 Mac Arthur appears to have been installed before a Conditional Use Permit was required for circular driveways. 902 Gregory and 303 Dale were installed in 1961 and 1992, respectively, and also before a Conditional Use Permit was required. The proposed circular driveway fails to meet the Conditional Use standards of the Zoning Ordinance because the circular driveway is not needed to resolve a safety issue and the amount of front yard lot coverage exceeds 35%. Based on these findings, Staff recommends that the Planning and Zoning Commission deny the following motion: "To approve a Conditional Use permit for a circular driveway for the residence at 109 Mac Arthur Boulevard, Case No. PZ-27-05." The Village Board's decision is final for this case. The property owner Matthew O'Mara and Architect Jeffrey Everett were sworn in. Matthew O'Mara spoke briefly about safety issues on the street. Ms. Juracek confirmed that the current house will be demolished. Jeffrey Everett stated that the property was within the overall 35% lot coverage. The petitioners discussed options for reducing lot coverage, such as a turnaround or narrowing the proposed width, with Joseph Donnelly. Richard Rogers noted the size of the driveway and the large number of cars that could be parked on the standard drive without using the circular drive. Mr. O'Mara stated that his concern was not for the number of cars that could be parked on the driveway, but to provide a safe place for his daughter to play. Ms. Juracek asked why the petitioner would choose to tear down his existing house and build a new house if the location was unsafe for his daughter. Ms. Juracek also stated that she was concerned about the lot coverage in the front yard, and thought that the large lots in the neighborhood and the large, standard driveway provided ample play space without adding additional pavement to the front yard in an area where the large, green lots are a feature of the neighborhood. , PZ-27 -05 Planning & Zoning Commission Meeting July 28, 2005 Page 3 Ronald Roberts asked the petitioner if safety was an issue when backing out of the driveway. The petitioner confirmed that cars speeding around the curve could be a problem, and that he had almost been hit by a van while backing out of his driveway that evening. Mr. Roberts also asked if a landscape plan exists. Mr. O'Mara stated that there is currently no final landscape plan. Marlys Haaland confirmed that both the standard and circular driveway would be constructed of brick pavers. Nancy Fritz of 103 Mac Arthur Boulevard was sworn in. She stated that although people do speed on the street, she does not consider it to be of greater concern than on any other street. She has also raised children in the neighborhood, but thinks that the yards provide enough space for children to play. Ms. Fritz opposes the circular driveway because the amount of pavement in the front yard would hurt the rural, green feel of the neighborhood. Bob Fata of 110 Mac Arthur was sworn in. He stated that he understood the O'Mara's desire to have a circular drive, and he liked the results at 1006 Isabella. Mr. Fata was concerned about the problem of snow removal because the removal of snow from 109 Mac Arthur leads to a large amount of snow being deposited near his driveway, which blocks visibility. Ms. Juracek confirmed that the Isabella Circular Drive was approved because it minimized lot coverage and included a landscape plan, and that Mr. Fata was concerned about the snow being deposited on his property. Don Churchill of 107 Mac Arthur was sworn in. He said that he supported the Petitioner's request and confirmed that fast drivers were a concern in the neighborhood. He confirmed that he had also seen a van almost run into the O'Mara's while they were backing out of the driveway earlier that day and stressed that many drivers coming from the High School use the street as a cut through. Matthew O'Mara came forward to respond to Ms. Juracek's concerns involving snow removal and landscaping. Ms. Juracek also asked if the petitioner would instead install a turnaround with one curb cut rather than a circular drive. Mr. O'Mara stated that they were open to options like the turnaround, but that they had originally liked the circular driveway because it provided easy access to the front door and they were concerned about safety issues. Mr. O'Mara also stated that the he was unaware that his snow removal was causing problems for his neighbors, and that he had helped other neighbors remove snow from their yards. Mr. Donnelly asked the petitioner if he would agree to a condition that cars could not be parked on the circular drive overnight. Mr. O'Mara said that he would agree. Mr. Rogers noted that 11 cars could be parked on the driveway with the addition of the circular drive. Mr. O'Mara stated that he did not plan to park that many cars on the driveway, and that they intended to install landscaping and brick paving which would add to the aesthetics of the area. Ms. Juracek asked if the Petitioner would consider installing a turnaround instead of a circular drive, and confirmed with staff that this would not require a conditional use. Mr. O'Mara stated that they had been considering the project for some time, and that the circular drive was something they wanted to pursue. Ms. Juracek offered the petitioner the opportunity to change his plans to include a turnaround and withdraw his case before the commission voted. The Petitioner chose to seek a vote. Ms. Juracek asked if there were any questions from the audience. There were none and the Public Hearing was closed. Joseph Donnelly made a motion to approve a Conditional Use to construct a Circular Drive as shown on the Petitioner's site plan, Case No. PZ-27-05, 109 Mac Arthur Boulevard, with the condition that no overnight parking be allowed on the driveway. Richard Rogers amended that request to include the condition that the driveway be constructed of brick pavers. Richard Rogers seconded the motion. PZ-27 -05 Planning & Zoning Commission Meeting July 28, 2005 Page 4 UPON ROLL CALL: AYES: Roberts NAYS: Donnelly, Haaland, Rogers, Juracek Motion was denied 1-4. lit H\PLAN\Planning & Zoning COMM\P&Z 2005\Minutes\PZ-27-05 109 Mac Arlhur Blvd - CU circular drive 7~2g-05.doc Village of Mount Prospect Community Development Department CASE SUMMARY - PZ-27-05 LOCATION: PETITIONERS: OWNERS: PARCEL #: LOT SIZE: ZONING: LAND USE: REQUEST: 109 Mac Arthur Boulevard Matthew and Gigi O'Mara Matthew and Gigi O'Mara 03-33-423-012-0000 0.44 acres (19,273 square feet) RX Single Family Residence Single Family Residential Conditional Use - Circular Driveway LOCATION MAP -d ~o::..S.tfi a '" 313 :: :> 313 312 ~ 1- = :: Fairview Park 311 lo. 311 310 q; MI. Prosped JIO = ;;- -= < Park District 309 308 1:: 309 308 .:.:: < c: c.J 0 307 c: 307 304 217 c '" 216 212 " = = " 208 > .;: - '" 204 " .. 0 r.r. 213 ... or; '" c ::= :: 206 liS 204 ~ ~ MEMORANDUM Village of Mount Prospect Community Development Department TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION ARLENEJURACEK,CHAIRPERSON FROM: ELIZABETH SCHUH, COMMUNITY DEVELOPMENT INTERN DATE: JULY 21,2005 HEARING DATE: JULY 28, 2005 SUBJECT: PZ-27-05 - CONDITIONAL USE (CIRCULAR DRNE) 109 MAC ARTHUR BOULEVARD (O'MARA RESIDENCE) BACKGROUND A public hearing has been scheduled for the July 28, 2005 Planning & Zoning Commission meeting to review the application by Matthew and Gigi O'Mara (the "Petitioner") regarding the property located at 109 Mac Arthur Boulevard (the "Subject Property"). The Petitioner has requested Conditional Use approval to allow the construction of a new circular driveway. The P&Z hearing was properly noticed in the July 13, 2005 edition of the Journal Topics Newspaper. In addition, Staff has completed the required written notice to property owners within 250-feet and posted a Public Hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located on the north side of Mac Arthur Blvd between Withorn Lane and Forest Avenue. The Subject Property is zoned RX Single Family Residence and is bordered on all sides by the RX District. Similar to other requests for circular driveways, this street does not have sidewalks or curb and gutter, and the street pavement width is 27 feet (which is 1 foot less than the current code requirement). The Subject Property is drained by a ditch and culvert system. SUMMARY OF PROPOSAL The Petitioner intends to construct a new house and related site improvements that meet Village Code requirements. However, the proposed circular driveway requires Conditional Use approval (Sec. l4.22l5.A.l). The proposed circular driveway measures l2-feet wide and would connect to a 'standard' 20 -30' wide driveway. The attached site plan shows that the proposed driveway, to be constructed of brick pavers, would cover 41% of the front yard. GENERAL ZONING COMPLIANCE As previously noted, the Petitioner plans to construct a new, two-story, single-family residence. The proposed house and related improvements will comply with Village regulations. The table on the following page compares the Petitioner's proposal to the bulk requirements of the RX Single Family Residence district. PZ-27 -05 Planning & Zoning Commission Meeting June 23, 2005 Page 3 RX Single Family District Requirements Proposed MINIMUM SETBACKS Front 40' 40' Interior 10' or 10% oflot width 10' (both) Rear 30' 72' LOT COVERAGE 35% 35% Additionally, the Petitioner plans to construct a two-car garage and a single car garage. Staff discussed the need for a Conditional Use for the second garage, which is attached to the house by a roofed, unenclosed porch. However, the Director of Community Development determined that since both garages are attached to the house, Conditional Use Approval is not required for the proposed garages. If either or both garages had been detached, a Conditional Use Approval would have been required. CONDITIONAL USE STANDARDS The standards for Conditional Uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance. The section contains seven specific findings that must be made in order to approve a Conditional Use. The circular drive is listed as a Conditional Use in the parking section of the Zoning Ordinance (Sec. 14.2215.A.l). The following list is a summary of these findings: · The Conditional Use will not have a detrimental effect on the public health, safety, morals, comfort or general welfare; · The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; · Adequate provision of utilities and drainage and design of access and egress to minimize congestion on Village streets; and · Compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. As with other requests for circular driveways, Staff evaluated traffic patterns in the neighborhood of the Subject Property. It has been Staff policy to support requests for circular driveways when the Subject Property fronts on an arterial street and/or the traffic volume is such that a circular driveway is necessary to resolve a safety conflict. In this case, the street has a minimally substandard pavement width, but it is a Local Street intended to serve only vehicle trips generated within the neighborhood. The Police Department reviewed the request and deferred to the Traffic Engineer's findings. The Village's Traffic Engineer did not find that the volume of traffic along Mac Arthur Boulevard would impede the Petitioner from backing out of the driveway. The Petitioner's submittal calls for a 12-foot wide, brick paver, circular driveway that results in 41 % front yard lot coverage. Historically, Staff has used the 35% front yard coverage referenced in the Zoning Ordinance as a guideline to determine the impact of the circular driveway on the neighborhood character. Although the site complies with overall lot coverage requirements and brick pavers are an attractive alternative to a concrete driveway, the lot coverage in the front yard is an issue. The proposed 41% front yard coverage would create an amount of paved surface in the front yard in excess of the coverage generally present in the neighborhood. Staff conducted a site visit and found two circular drives in the immediate vicinity of the subject property. The first is located at 212 Mac Arthur Boulevard on a comer lot and appears to have been installed before a Conditional Use Permit was required for circular driveways. The second is located at 1006 W Isabella. The owner of this property applied for a conditional use for the driveway and front porch encroachment into the setback (case number ZBA-16-01). The Zoning Board of Appeals recommended that the conditional use request for a circular drive be denied. However, the Village Board approved the request after the petitioner reduced the PZ-27-05 Planning & Zoning Commission Meeting June 23, 2005 Page 4 number of curb cuts from three to two, reoriented the garage, and reduced the lot coverage to comply with the 35% limit. RECOMMENDATION The proposed circular driveway fails to meet the Conditional Use standards contained in Section l4.203.F.8 of the Zoning Ordinance because the circular driveway is not needed to resolve a safety issue and the amount of front yard lot coverage exceeds 35%. Based on these findings, Staff recommends that the Planning and Zoning Commission deny the following motion: "To approve a Conditional Use permit for a circular driveway for the residence at 109 Mac Arthur Boulevard, Case No. PZ-27-05." The Village Board's decision is final for this case. I concur: W~_ William J. Cooney, AI P, Director of Community Development lit H:\PL.A.N\Plaulling & Zoning COMM\P&Z 2005\StafTMcmo\PZ-27-05 MEMO (109 Mac Anhur Blvd - CU circular drivc).doc VILLAGE OF MOUNT PROSPECT Mount~ COMMUNITY DEVELOPMENT DEPARTMENT - Planning Division 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847.818.5329 Application for Conditional Use Approval z o .... ~. <: ~I 0..... ... l=l :z: ~ .... ..... Clo.. Z 0. ;;l< 01 " ~ u <: =:I z o .... Eo- < ~ o ~ z .... ~ .... rJ:J ~ z E=: rJ:J S< ~ z o .... ~Eo-..._ ..... '2 o o...~ ~..~ ~.... ;.<8- ~ ~ z .... Development Name/Address Address(es) (Street Number, Street) Side I D West Proposed Conditional Use (as listed in the zoning district) ~ ~ ~~ o~ ><~ i! ~o 00""" E-< U Hours of Operation ~z t:o 00""" ~E-< ~~ ~o o~ ~z ~""" 10 Address(es) (Street Number, Street) Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and completeness at the time of submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agents permission to enter on the property during reasonable hours for visual inspection of the subject property. Applican Date &/ ffi1 c6 If applicant is not p I hereby designate the applicant to act as my agent for the purpose of seeking the Variation(s) described in this application and the associated supporting material. Property Owner Date Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois www.mountprospect.org 3 Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 June 29,2005 Zoning Commission Proposed Conditional Use Request We are requesting condition use approval for a proposed circular driveway to be installed as part of our new house that will be built on our existing property at 109 N. MacArthur. The following safety issues exist that provide reasons for our request: · Traffic flow is very heavy due to easy access for the Meadows Park baseball fields, Meadows Park pool and all events that take place at Prospect High School. The visibility to our house heading southbound on MacArthur from the high school is poor because our property is right after a curve in the street. · Related to the above reasons, speeding is also an issue. The village installed a counter device in front of our house because of the heavy flow of traffic and complaints of cars racing down the street. · A neighbor's child was hit by a vehicle last spring which resulted in a broken arm along with cuts and bruises. · We have an eight year old daughter who enjoys rollerblading and riding her scooter, however, do to the heavy flow of traffic and the absence of sidewalks it is impossible for her to enjoy these activities. With the installation of a circular driveway she can enjoy these outdoor activities safely. · Minimize traffic congestion on MacArthur, when we have visitors at our horne, there is minimal space for traffic to get through when our visitor's vehicles are parked on the street. Please consider the above stated safety and congestion issues and grant our request for condition use approval for a circular driveway. Thank you. Matthew & Gigi O'Mara 109 N. MacArthur Mount Prospect, IL 60056 ;z: o E:: <: ~ ~ o ~ ~o .... >. Qt ;z: <l.l ;;J p,. o 2 p::p... c.:J1 ::t: u <: !Xl Or\Un Corporation ./ Telephone (day) Address Fax Attorney Name Telephone (day) Address Fax Surveyor Z Name Telephone (day) 0 I ..... Eo< '" Address Fax ~1 O.s ~ 0 Z .... .....p.. ~~ Engineer ~ S Name Telephone (day) o g. ~Q) Co-' ;> Address Fax ~ <l.l UCl <I ~ Architect V Name Telephone (day): Address Fax Landscape Architect Name Telephone (day): Address Fax Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois www.mountprospect.org 2 Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 ~ CD 'I Affidavit of Ownership II COUNTY OF COOK ) ) STATEOF~~t~~IS ) I,JYl\.mJD~ (}anrtL , under oath, state that I am the sole ~an an authorized officer of the ) ) owner of the property ) co~.r nly described as ~L~ and that such property is owned by Q \l11\W as ofthis date. Subscribed and sworn to before me this d- <t~ day of ~)n~ ,20Q2. ~{1.~ tary Pub!" c "OFFICIAL SEAL" KELLY A KELLER Notary Public, Stale of illinoIs My Commission Expires 11/25/07 Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois www.mountprospect.org 4 Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 H CON;ST' ~ToRY oN. !~ :5 : ?'1-4 ~f I: 'li>JD ,f..LCON IE~ VE.NEER. DEl-leE '! ::;140SF :'1= 'lND TAL F ) o-'{ ENTRY / ABDv'E: I .~~Q~ ~./' --" --" , '- "- ~ -- --" --" --" --" / ----- ~ '--- ~ ~ --~ i ~ ~ ~~ ~- i ~ ~ ~ ~/ ~/ ~--/ ~I ~: t;1~_+!_OI?t ~O'9. ._ ~: ' Ii rv- I ---W.-IO,O f<,I.,DIU.:> -hL- t _110,0 o -=- .~ ':-;::/ ,., Q. _ -+-- I + Gtr~ fllAt-I ~\~~ ~ 'Pet Z, , -i;t- d;) cO !r. 1D o ~I &5 J "., .\ . 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IF ANY, SHOWN HEREON ARE BUILDING L.lNES. SIIOln' ON THE RECORDED SUBDIVISION PUT. CONSULT we..! I. A UTHORlTlES FOR BUILDING UNES ES1"BLlSIICD I!Y LlX.4L ORDINANCES. DIAfFlt,'SIONS ..Im~' NOT TO BE ASSUMEDFROMSCALlNG. 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I I I ,.....i' ARC HIT E C T' t 18 NORTH MAPLE STREET MOUNT PROSPECT, IL 60056, PHONE 84 7 ~670.0557 i 4- Q -t--- lV 6.\ ,-..J ..h. l}J fj) _. ---r: < (jJ ~) "-l -..t~ OJ % ro - :--- ~ (V 1f)'- 0-- ,--0 p 2_ '-t..? -I -r- ~..- 'YL.... tJ CP ~ dJ ~f::> :l . 'I a --0- ~o'-+-C _;r . ..p. _.--Q--~="_. . . r-') '-../ > ! ) l r "-:--rT <0 -"~ ::7n LOj- pi '\Ji'.'p -Pst}> cPt)' -v ~rt> XO.o- -~, c -.---Jt=----..~ ----r.-.. .. . QDlo'ra r€S\Oene.e. I D9 1\ \'floC ~mu\r dY:\\j€ \f\? "k \ 0 5 \ ~ .cD \. 0 s---trC'l}-sed ~\ III I I G~ 0.. ce:;-'jO s) '11 .'. '. '." I f J~:~:f1 i ---'---ygr . --'~+-----'.3 1 .1 ~~ ~-,- ~f !Il' d <J '- -- i , < rr-- -q: G.? n . I U' .......... If tIo-r I! -. og~ ____ I II] I -0- ~fl> x.o- -'"\ 6 0 ....no ~ i-- 0vo' : t.J .. <-. ,)<0 (i _-- 7 P-: J-1' I u I ~,.*: < "- ., ! , ! Ii 1\ II 11 i l II \1 J Ii Jl . (7 -- -=-- - - CJ. 'X D- G'J ---- ~~ -- JZ:1 . --.--T. '-'- f : CL ARCHITECT t 18 NORTH MAPLE S'TREET' MOUNT PROSPECT" IL 60056 ; ~ -PHONE 847.670_0557; \~- \\ -1-:) , Q ---T -=I... I II.... j 1 li I ----~. _ ~'____Hl ill, ! ! ' I ! .L...... \~. -...- ... t" ~-\ i: -;'.-- III! \ 111'\/ I 1 . ~ I ~ . . \ ....Ii!~-i...-\ I.:; \ I) '\ l-.\ ( \ ....1\1- j \. .11 . i \ :'1! : \ . ': I \ Ii; ! .. ili! i I . '~L\. -ll .! I rill i I- Iii i .hI : : "'l i . ! 1:: , ~_'-~-~ji!+ ~ / [],t .. ,.--.. t.P__ ___. .. Q !- .:=r-. 2; cb ---- (b ~----- ill --+- -- . o 5 ; '[]'. _. --, , --~- ~[[]; ! ' :- I ' -~: ! : I, illl ill I -1111 ill i I'! I ,I i , rj II' I i omara Je~\d-ehce rO<1 r'l \floC oV-~\~uV- dr\ \Je m\J 'O~I \ I OS\CpJ 0/\,OS ',revls-ed b,'2010S J \Jl[ --t:::) :-T-- .3 lQ) j t><, Iv .0= L-p y ,-r- iW (1 ~ OJ : I+- I 0.> vJ .._.=t_ ("1. ".J ARCHITECT 118 NORTH MAPLE STREET MOUNT PROSPl!:CT. IL 60056 PHONE B47.670.0557; rh ~p r-- Z: ({) (l) --r~ ,-/,. 1'.,1: \ l' \ ! I,'j . " \ iLl \ Ilil - II - II (b -_.._--~ ,itl iZ CY -t- o :) )- ITI I j ! I I i '1 I l 1 I, Hi--r~- t I I I I I I I, 1 i j !, , ' i i I I - I I I I O\\1'G'rd feS\~et1ce \ C) C\ \\ \i\oC Q'r+'r1Jv d 'fy"./e \\\? --.--- 1------ \. t\ li/ : .' \ 1', \ \ . \ -,.. --.---....--..".-....- 'r ! ' , I i 6-b-~ \ 1__ (jS \.0, cO I \ I 05 ---Cr-E:'v'15 ed 01 Q~ I 05) 4. I ARCHITECT 1 18 NORTH MAPLE STREET: MOUNT PROSPECT~ IL 60056 P!"t~~~_ B4.7..67:g~~~.!~L?t"._\,... I, ~I I ..jJ l -\ .. ~ .--.---.. rD \V '~l ,..--.-.. 7 ----- o .') --t-- y'- --..-/ \ ' ~~=,~__II"'" +t---r- -" --',';7"'" '--~ --.- -:\-'-- / \ \:~ -~\ \ \ \ \ \ \ \ --L I (t> (D ~" .~ o ':J ~!- l.\ r --~ L 'I t I 4~', ... .-...... \...-........-- 'T\ \ \ \ \ / \ , \ / , I , I I II II , If / j I om o'r~ \e~\c\€"c-e t t) '1 \) \,ldC (3Yt\rJv-- dv\v€ {l\? S\~'l \ I C)5 \ (PI 0J \ I C)S (r~\j 15-ed cPl 0J:, t os) \ t;:> ARCHITECT 118 NORTH MAPLE STREET MOUNT PROSPECT. It. 60056 PH.ONE 8_47.167p.OS~_7,_...~.___ mla 08/08/05 jc 08/10/05 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 109 MAC ARTHUR BOULEVARD WHEREAS, Matthew and Gigi O'Mara (hereinafter referred to as "Petitioner") has filed a petition for a Gonditional Use permit with respect to property located at 109 Mac Arthur Boulevard (hereinafter referred to as the "Subject Property") and legally described as follows: Lot 10 in Block 7 in Arthur T. Mcintosh & Company's Northwest Meadows, being a Subdivision in the East half of Section 33, Township 42 North, Range 11 East of the Third Principal Meridian, In Cook County, Illinois. Property Index Numbers: 03-33-423-012-0000 and WHEREAS, the Petitioner seeks a Conditional Use to construct a circular driveway; and WHEREAS, a Public Hearing was held on the request for the Conditional Use permit being the subject of PZ-27-05 before the Planning and Zoning Commission of the Village of Mount Prospect on the 28th day of July, 2005, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 13th day of July, 2005; and WHEREAS, the Planning and Zoning Commission has submitted its findings and negative recommendation to the President and Board of Trustees in denial of the request being the subject of PZ-27-05; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the same meets the standards of the Village and that the granting of the proposed Conditional Use would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The recitals set forth hereinabove are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. 13 Page 2/2 PZ-27 -05,109 Mac Arthur Boulevard SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect do hereby grant a Conditional Use permit, as provided for in Section 14.203.F.7 of the Village Code, to allow the construction of a circular driveway, as shown on the Site Plan, prepared by Jeffrey William Everett, revised August 1, 2005, a copy of which is attached hereto and hereby made a part hereof as Exhibit "A". SECTION THREE: That the Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2005. Irvana K. Wilks Village President ATTEST: M. Lisa Angell Village Clerk H:\CLKO\files\WIN\ORDINANC\C USE, 109 MacArthurBlvd, circular drive.doc MEMORANDUM Village of Mount Prospect Community Development Department TO: MICHAEL E. JANONIS, VILLAGE MANAGER ~.~~ &11 l~ FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: AUGUST 12,2005 SUBJECT: PZ-26-05 - CONDITIONAL USE (GYM) 1784 W. GOLF ROAD mLIE KEATING, SHAPEXPRESS - APPLICANT The Planning & Zoning Commission transmits their recommendation to approve Case PZ-26-05, a request to operate a gym, as described in detail in the attached staff report. The Planning & Zoning Commission heard the request at their July 28, 2005 meeting. The Subject Property is located at the northwest comer of Golf and Busse Roads, and includes a retail center with related improvements. The Petitioner proposes to modify the interior of the former 2,400 sq. ft. White Hen tenant space and operate a women's fitness facility (gym). The Petitioner proposes to market the facility to women and includes a weight loss and nutritional product sales component. The site does not comply with the Village's parking regulations because it is deficient by 1 parking space. However, the landlord informed Staff that the site would be re-striped and that the required space would be provided behind the building and designated as employee parking. The Planning & Zoning Commission discussed installing Fire sprinklers in the unit and the building, services offered at the gym, and the gym's hours of operation. The Petitioner made a presentation to the P&Z that detailed the business plan. The Planning & Zoning Commission voted 5-0 to recommend that the Village Board approve a request for a Conditional Use permit to operate a gym at 1784 W. Golf Road, Case No. PZ-26-05, subject to the following conditions: 1. The tenant space is remodeled in accordance with all Village Codes; 2. The two lots of record are re-striped to provide at least 339 parking spaces, the required amount of parking spaces; and 3. The Property Owner agrees to provide additional parking, as needed, for future projects (change in tenant composition, modifications to current tenant spaces, etc.) in order to continue to comply with the Village's parking regulations. Please forward this memorandum and attachments to the Village Board for their review and consideration at their August 16, 2005 meeting. Staff will be present to answer any questions related to this matter. Ijmc H:\PLAN\Planning & Zoning COMM\P&Z 2005\MEJ Memos\PZ.26-OS ME) 11EMO (shapexprcss CD gym).doc ~-"~"~~'-"'-'-~-__~"'--'''''''''~~'~'"'~~_'x_o_,,_~,,~_~'~,__'~''''''''~'''''''''''_,''''.,w'e-'"''''''_'''~';__''0",,~,.~_X''',!I"'''''.':''''''"_W_',:0.tr.:.",,,,,,,.",,",,,,,",,o''''''''~_"'''''"_~'''^__'~____~~'_''_',.,_~___~._.__._._ MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-26-05 Hearing Date: July 28, 2005 PROPERTY ADDRESS: 1784 W. Golf Road, Mount Prospect Commons Shopping Center PETITIONER: Julie Keating, ShapeXpress 3230 Thornberry Drive Glenview, IL 60025 OWNER: MPC Company, John DiMucci PUBLICATION DATE: July 13,2005 PIN#: 08-15-201-013-0000 REQUEST: Conditional Use approval for a gym MEMBERS PRESENT: Chair Arlene Juracek Joseph Donnelly Marlys Haaland Ronald Roberts Richard Rogers MEMBERS ABSENT: Leo Floros Keith Youngquist STAFF MEMBERS PRESENT: Clare Sloan, Neighborhood Planner Jason Zawila, Long Range Planner Elizabeth Schuh, Planning Intern Christina Park, Planning Intern Ellen Divita, Deputy Director, Community Development Chairperson Arlene Juracek called the meeting to order at 7:30 p.m. Richard Rogers moved to approve the minutes of the June 23, 2005 meeting and Joseph Donnelly seconded the motion. The motion was approved 5-0. At 8: 14 PM Ms. Juracek introduced Case No. PZ-26-05 a request for Conditional Use approval for a Gym at 1784 W. Golf Road. She said that this case would be Village Board Final. Claire Sloan, Neighborhood Planner, summarized the request. She said that the subject property is located at the northwest comer of Golf and Busse Roads, and includes a retail center with related improvements. The Subject Property is zoned B3 Community Shopping and is bordered by the B3 district to the south, B4 Business Retail & Service and RX Single Family to the east, and CR Conservation Recreation to the north and west. The petitioner proposes to modify the interior of the former 2,400 sq. ft. White Hen tenant space and operate a women's fitness facility (gym). The attached information includes a floor plan for the operation and indicates that the facility will include a circuit training area, a cardiovascular area, and spa area. The spa area will include a massage room, tanning room, and locker room. The Petitioner proposes to market the facility to women and includes a weight loss and nutritional product sales component. Ms. Sloan, reports that the Mount Prospect Commons retail center includes multiple uses that range from restaurants to retail to offices. The Petitioner submitted a summary of current tenants and a break down of tenant space square footage, or number of seats and employees for the restaurants. Ms. Sloan said the table in the staff report summarized the square footage for the types of use and parking requirement at the site. """"'~""'="""",.',=--~--~-__,~_,_~'~'.-.-c_,__c.,_~="",_",".,..='..""",.._....."."=-'.y".-;"''''''_'''''''''''~.,.".,.,''='''','''''''''=..''~r'''.';;.==="""""""'~-------_._-'-------"_.-=~."'"""'..'"""_."""'=',~=_-w..P".=c-~,...,~,.~."''''''.__'~.=on~"'','"~~~'''..,,_."..,~~,__~_..,~_,____._.._.____ PZ-26-05 Planning & Zoning Commission meeting July 28, 2005 Page 2 Ms. Sloan said the standards for Conditional Uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. The following list is a summary of these findings: the Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; the Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; the adequate provision of utilities, drainage, and design of access and egress to minimize congestion on Village streets; and compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. Other departments reviewed the Petitioner's proposal and did not object to the use or find that it would have an adverse impact on the adjacent tenants or properties. However, the site does not comply with the Village's parking regulations and is deficient by 1 parking space. After further discussions with the landlord, Staff was informed that the site would be re-striped and that the required space would be provided behind the building and designated as employee parking (see attached Site Plan). Also, it is important to note that there is a vacant tenant space which may require additional parking if an intense use, such as a restaurant, leases the space. (Staff reviews parking compliance as part of the Business License review.) In addition, the Fire Department noted that fire sprinklers would be required if the site does not currently have sprinklers. Ms. Sloan said the proposed gym meets the Conditional Use standards contained in Section 14.203.F.8 of the Zoning Ordinance. Based on these findings, Staff recommends that the Planning & Zoning Commission approve the following motion: "to approve a Conditional Use permit for a gym at 1784 W. Golf Road, Case No. PZ-26-05, subject to the following conditions: the tenant space being remodeled in accordance with all Village Codes; the two lots of record are re-striped to provide at least 339 parking spaces, the required amount of parking spaces; and the property owner agrees to provide additional parking, as needed, for future projects (change in tenant composition, modifications to current tenant spaces, etc.) in order to continue to comply with the Village's parking regulations." Ms. Sloan said the Village Board's decision is final for this case. Richard Roberts inquired about the sprinkler system and if the whole building was going to be sprinkled or just this space. Ellen Divita replied that she believes this retail center was built with fire walls between each space and the sprinkler system would only be required for this space. Julie Keating, the Petitioner, swore in. Ms. Keating gave an overview of Shape Express, informed the commission of her background and described the operations of the business that was proposed to go into the Mount Prospect Commons Shopping Center. Ms. Juracek indicated that the application stated that Shape Expresses hours of operation were from 7:00 am to 7:00 pm and wanted to know if these hours were geared towards retirees and stay at home moms. Ms. Keating said that the franchise determines these hours based on their research, but if women would like to come in earlier or later than these times she is willing to changer her hours of operation. Mr. Roberts wanted to know if Ms. Keating was aware of the sprinkler provisions for her space. She said that there have been several conversations with the landlord about the sprinkler system and that they will be provided. Ms. Juracek asked if there were any questions from the audience. There were none and the Public Hearing was closed. Joseph Donnelly, made a motion to approve the conditional use for a Gym at 1784 W. Golf Road, PZ-26-05, 1784 W. Golf Road. Richard Rogers seconded the motion. PZ-26-05 Planning & Zoning Commission meeting July 28, 2005 Page 3 UPON ROLL CALL: AYES: Donnelly, Haaland, Roberts, Rogers, and Juracek NAYS: None Motion was approved 5-0. After hearing three more cases, Richard Rogers made a motion to adjourn at 10:03 pm, seconded by Ronald Roberts. The motion was approved by a voice vote and the meeting was adjourned. ~ g Range Planner H:IPLANlPlanning & Zoning COMM\P&Z 2005IMinutesIPZ-26-05 1784 W Golf CD - ShapeXpress Gym 7-28-05.doc CASE SUMMARY - PZ-26-05 Village of Mount Prospect Community Development Department LOCATION: 1784 W. OolfRoad, Mount Prospect Commons Shopping Center PETITIONER: Julie Keating, ShapeXpress OWNER: MPC Company, John DiMucci PARCEL #: 08-15-201-013-0000 LOT SIZE: 5.6 acres ZONING: B3 Community Shopping LAND USE: Retail Center REQUEST: Conditional Use approval for a gym LOCATION MAP 812 Clearwater Park 900 "0 901 Mount Prospect Park District ~ Q 902 ~ ~ 904 ~ ::: rI.l 905 ClS rI.l ...:l = ~ 906 "'Cl 0 ~ 0 '" ~ ~ 908 ~ "'Cl f;1il \ ~ ~ ~ ... .. 1101 1100 ~ c; 'C 1101 ~ 1103 1102 Q "Cl 1103 .. '" 1105 1104 Q 1100 ~ '" Q 1105 1102 ~ 1101 ~ 1107 1106 ~ 1100 1102 ... 1107 1104 -g 1103 1105 Thom~ 1109 1108 0 1102 1104 ~ bM 1109 1107 Q 1105 1111 1110 1106 ~ 1104 1107 1106 c; .. 1107 1111 1109 1108 ~ 1109 ~ 1113 1112 1106 1108 1113 1111 ... 1109 1115 1114 1I10~ 1108 1111 1110 MEMORANDUM Village of Mount Prospect Community Development Department TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION ARLENE JURACEK, CHAIRPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: JULY 21, 2005 HEARING DATE: JUL Y 28, 2005 SUBJECT: PZ-26-05 - CONDITIONAL USE (GYM) 1784 W. GOLF ROAD (SHAPEXPRESS) BACKGROUND A public hearing has been scheduled for the July 28, 2005 Planning & Zoning Commission meeting to review the application by Julie Keating I ShapeXpress (the "Petitioner") regarding the tenant space located at 1784 W. Golf Road (the "Subject Property"). The Petitioner is seeking Conditional Use approval to operate a gym. The P&Z hearing was properly noticed in the July 13, 2005 edition of the Journal Topics Newspaper. In addition, Staff has provided written notice to property owners within 250-feet and posted a Public Hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located at the northwest comer of Golf and Busse Roads, and includes a retail center with related improvements. The Subject Property is zoned B3 Community Shopping and is bordered by the B3 district to the south, B4 Business Retail & Service and RX Single Family to the east, and CR Conservation Recreation to the north and west. SUMMARY OF PROPOSAL The Petitioner proposes to modify the interior of the former 2,400 sq. ft. White Hen tenant space and operate a women's fitness facility (gym). The attached information includes a floor plan for the operation and indicates that the facility will include a circuit training area, a cardiovascular area, and spa area. The spa area will include a massage room, tanning room, and locker room. The Petitioner proposes to market the facility to women and includes a weight loss and nutritional product sales component. GENERAL ZONING COMPLIANCE The Mount Prospect Commons retail center includes multiple uses that range from restaurants to retail to offices. The Petitioner submitted a summary of current tenants and a break down of tenant space square footage, or number of seats and employees for the restaurants. The following table summarizes the square footage for the types of use and parking requirement. PZ-26-05 Planning & Zoning Commission meeting July 28,2005 Page 3 Size of Tenant Space / Spaces Tenant Classification #of Seats if Restaurant Parkin2 Requirement Required Retail/Commercial 24,400 sq. f1. 4 spaces per 1,000 sq. ft 97 spaces Restaurants 370 seats / 22 employees 1 space/3 seats plus 1 per employee 145 spaces Proposed Gym 2,400 sq. f1. 5/1,000 sq. ft. 12 Vacant 1,530 sq. ft 4/1,000 sq. f1. retail/commercial 6 (retail/com) Artemis Restaurant* 194 Seats / 15 employees 1 space/3 seats plus 1 per employee 79 Total Required 339 Total Provided 338 Parking Deficiency 1 space *there's a cross access / shared parking agreement for the two properties, creating 338 spaces for the 2 lots. CONDITIONAL USE STANDARDS The standards for Conditional Uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. The following list is a summary of these findings: · The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; · The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; · Adequate provision of utilities, drainage, and design of access and egress to minimize congestion on Village streets; and · Compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. Other departments reviewed the Petitioner's proposal and did not object to the use or find that it would have an adverse impact on the adjacent tenants or properties. However, the site does not comply with the Village's parking regulations and is deficient by 1 parking space. After further discussions with the landlord, Staff was informed that the site would be re-striped and that the required space would be provided behind the building and designated as employee parking (see attached Site Plan). Also, it is important to note that there is a vacant tenant space which may require additional parking if an intense use, such as a restaurant, leases the space. (Staff reviews parking compliance as part of the Business License review.) In addition, the Fire Department noted that fire sprinklers would be required if the site does not currently have sprinklers. RECOMMENDATION The proposed gym meets the Conditional Use standards contained in Section 14.203.F.8 of the Zoning Ordinance. Based on these findings, Staff recommends that the Planning & Zoning Commission approve the following motion: SENT BY: PCI ASSOC.; B4 741552465 JUL-i5-05 2:03PM; PAGE 2/2 STonE 418 STORE #7 STORE #6 STORE #5 STORE #4 STORE #3 STORE lt2 1h.~~ @ STORE #1 S""'ft. 'Lf' t-s.:S -J.- pror"kJ ,<, I /" Md... -hc.~ I f-&r I<''''l; Sk. j I~ ITmlllTnTl.-... -,,' ~ '---- STORE #25 ::rom- :3TOAE STOFcf- IH'DI"\r' ~nr: ~TCJ:lE STORE #24 aTORE Bl()';[f STORE 8':"OPE Sl'()flf "'4 "1.5 ...~t ,11 :Pl 1:11'9 ~~E1I,I! !;UUI; ~;ml.u "'" "c. It 1 i1:2 In I'm :':1 .~ STORE #2:, H DRIVE A \..:,:...\ '.1_ ',) H H HH H H - ~ r----------~ ROAD ----- ~3~ <;~\..\S S.\-\D~ 07-15-05 13:03 RECEIVED FROM:8474852455 P.Q2 +IB477245184 U..JlJCotJDd ot ;UaPM FROIKC!LQWiL~ 'MQ~ ''''"l r ,UUUl/lla .--..... ;'). ':-':",' ":vlLLAGE OF MOUNT PROSPECT COMMUNITY DBVELOPMENT DEPAATMBNT - .Planning Division so S. t!mtIfton Stn=et 'MMG Prospcct.1UiDois 600S6 . Pl\oDfJ 147.818.S3~S fAX,' 141.818.5329 :APJ'lication for Conditional Use Approval ,. ..' &: Case Number .' i:' :.~; , Pia - - ..,. , 1=:. Devc1opmll!lt NlaJ.1c/Ad.C/rtis ... .... 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'Plllue1lG1Dtb8t.- appttcation .mllMbe ~ undllhis petitilmhu bcenAl11y oomp1ctecl and aU Tequiu:d-pian1l-anciotMr.~ritrls .' WIt ~,~1ysabmituld 10 tbe P1a1lDCq Diviaicln. 1v.coasple1e IUbmiUah wUhlorbucceptcd. It is stRJpa11susF*d.$ ~doaet iChcdu1e an appoiDlmcDt 'Nith the ~rilIta: ViJIap IlaCCsD1ba~ _"toW_&r&CCWBGY.andcomp1eteol$at~ 1iIQJ:.oflUbmittal. ;:1)'" - ...: mCOllliclcRtioa oftbe in~ ~ in tNs pcti&n IS well as alllllppOtliJlg dac:ulllClllanoa. i\ is requeltllCl dIIt approval tii,at~ io ~ ftfI'*t.' "lbe.,plkaar. is1he OW1*" Dt.~lIIfR~ve of tile oMterotthe ~y, The petitioner aa4 die ~9f~ ynvpI6ny armtempJgycca oftba ViJlqoolMouatProspec:tand tI1eQ-qtm:s permission taeoter OIl thl:pmpcnydmiogRUOMblo" f;t vUualm.p.etioo of1be ~~. . .' provided herein ancl in aU JUbmlttcCI in IlISOCialiaD with Ibis lpplication a'R .tI\Il: :ui4 .;., Dato ~/~/~ 4'0 ,. . .If I b=1leby da.tipalC me appU my llgellt fer the pu!JlOIe of aec* tbI V.ga~s) ddc:n"be4 in lhis -w1:ica1iau_ thlII :;'=--t --U7~/o5 ;;' . ,. .MO\IDtPraspeot of~1.Y.Dcvc~ fl1PCCOfa..+1j, '-'-C- . ~ ~ ~... . MOlant Prospect nJtnoia ~.nr.outllpt08peor.otI 3 f'hope 847.a18;s:n~ Faxl4,.8~'~~ TDD841.Jt~;60.~ tooQ!! 08/23/05 TBU 13:00 (TX/RX NO 8134] IDAl san ZfiS 816 I'Vd OT :91 lULL IlO/tt'IlO' I 20] West Dundee Road Palatine, IL 60074 (847) 654-0803 office (847) 485-2465 fax June 22, 2005 Mt. Prospect Village Hall William Cooney 100 South Emerson Street Mount Prospect, IL 60056 Bill: Allow this letter to serve as written notice that we are engaged with Ms. Julie Keating (a ShapeXpress franchise owner) for the leasing of 1784 W. Golf Road in the Mt. Prospect Commons Shopping Center. We have agreed in terms with a letter of intent and have begun drafting a lease agreement. Ms. Keating desires to open a 2,400 square foot women's fitness facility in the shopping center. We believe this will be a valuable addition to the property and surrounding community. Since this use requires a conditional use permit, we hope that your department along with the Village board agrees. Please feel free to call with any questions or comments. ................... ..... . (0 , ~1 g' 8" l 5' S" If 5',,8" It 5'-0" ~ 3',,1" j I . II .. .. jf -....,. ...q.......~........................."..."l ............. " ...........1 ... ........ r"'--' s'.,s" ......... r.......,....-......."..."'12. 5........................... ...... .. I . . ...... '.'.. ... ...,... .........: ...... .:.... .........:.~.:.- ._:...:...::................... .....~....-...~...,.,...7... '" ....' ..,.7...".,.,..."'...,,...,,-,...~....:"....-._-..,,...,,"."....,...""..7,...-..-:....~..-...-......:....,..._.~:7;:::::::::=:::::.:.:::::::::::::::::::::::::::::=:'::.~.. _.."~..-......_._......_...._...._.._....__..__......."....,,.."..."....... ,..... . '. . "T" . .......~.... ....... "--'-. ..-."."--"---' .:. '.. ......,...J..[.... ~J.......'... '. :'J.Q_..~~;.~.~....~......+~..~1f..__...~.~---- . .--...... ~ j R 0 .1:'" ..,......-."j.... ..[' -----]>, .. t~~ (!J..__::.~._J ~ Shower Ch..go '"', 'ci 1, ,., " - -11 ,- io ; ~ \ _k""=",,"-~=="""ccco '!, q :.:. It) ....... \.........,..",-... . i.. Sauna Area Massage ~ ~ v. I t!J'-'-'''~'''1 . ~ III Shower Chang\). 1 .."._.__...~.... .. . '" .LOCKE~ ROOM 0."\ 9'-8" I ' . [" j Spa EnVironment . ..................'" ,c..;;;:::::,::::..-::::.:::-::::::n.:.::.'~.I'-.".',,-!, ..-...-.;Jl=--".~'''''~~~'5f'=ll r-'j r'\ r --"~'"'.."~l'''''''''''''''T'='l'. ::1:' 1IIIiiIIIMI!I!~I' . ,1 \-'__'1, , _..\ '.....'; ." ...' ,.-...-' . .. ~ ,. f.,. .J. ;j,'lIItllllllllll,i!ii Julie Keating MountProsect, IL 2,242 Sq Ft ....II~l~~llllli!li' Tanning .iilll~II'llllllliHi . )> .. o .;r o i ::l ~. n Cardio area t1.......~::::;..:::::::::...":::;::::=::::~::;:',.,.::~::==::;;:~:::~:;:::::l:::::::.:::jc .. - Q I Co (Y) .iiiuillllllllllli' '''II!Ii!I''.''li~U.I~II!' .\,ftJ!j~. '''PIIIIllllllll!!'/!' 26 Piece Circuit Training Area .......--..-..--...<::,.., 'lillllil~III~IHi'" _'nFrt)nt ~ounter .1 680 Sq Ft .L '<'. "'';;; '..', _ ~ 1: '<::t\. '!lIi~1I1111!llli1" _,. ;n_"()12'-"-- : I . :\....\. I $.. \} ~ . '.' 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BURCUNDY VIr-.:\lOU! H.\F. 0" IJTlfR f.\U JMIl-:ll, UfUI VI:"YI (lUIIINf O:--J J IllfK IAU H' RClW IW'TW 10 MAIO! J\S<.H ~.u..~{ 1-!<(I.\~ ( ',V".\. ,.. t lttJt HfxON ~IU.;f Rn \ f~NS Rt fURN SIAM ~ ~ JO"" -17S' llLiJ-'lI'\..\lWC\!'S'.'l.t. \VH'f.E-\CR\',UC Pier. Jb:$(J."-l SU~{~l,'~DY VJ,-"';Yt 6kG~>- 4..8i#.'i"\\'HI H; nXl SlJRGllSD\' TJW..'I (..w,t;. " DHP BURGi,...,'NQ)' -Rrr....;RN...;, NUH.; l[lTERIi'<C 1:\ CAl'SlU J5 TO SMAtl rOR I:\DI\1DlJAlllGWW OIANi'irt LLTTLRS PHOTO SCf\lED TO f\PPROX. 3/16"= 1 '-0" Match VfI1YI to these colors . Pantone 654c Pantone 6a3e SENT BY: PCI ASSOC.; B474BS2465 JUN-2B-05 9:56AM; PAGE 2/2 Mt Prospect Commons Shopping Center Parking Con jitions 6/28/2005 Number of Square Number of Seats employee's during Tenant Type of Business Feet (if Restaurant) peak shift ShapeXpress (proposed) Women's Fitness Center 2,400 N/A N/A Vacant N/A 1,530 NJA N/A Spice Rack Kitchen Suites Party room rentals 3,870 120 foldinq chairs 2 to 3 Dr. Jeffrev Collins Chiropractor's office 1,2QO N/A NIA State Farm Insurance Insurance office 1,530 N/A N/A Family Dollar Retail store 10,000 N/A NJA Unusable Vacant N/A .4,425 NJA N/A Rokko di Nashi Restaurant Restaurant 2.430 50 3 to 4 Retro Bistro Restaurant .' Restaurant ;. 3,630 85 8 SweetGrass Market Vitamin store 2670 N/A NfA Moore Travel Travel agency office j 1200 NJA N/A Scissors Citv Beauty salon 1,200 N/A N/A T&M Cleaners Drv cleaners , 1,200 NJA N/A Nina Restaurant Restaurant 1,470 50 4 Vita Mia Restaurant Restaurant 3,660 85 5 South Beach Tan Tan ning salon . 5,400 N/A N/A Total Square Footage of Center 47,815 The Shopping center has 255 total parking spaces (232 fc customers and 23 in the rear for employees) Attn: Judy Connolly 847-818-5314 phone 847-81 B-5329 fax €l6-28-€l5 l'i8:45 RECEIVEI FROM:8474852465 P.02 Bh/kd 8/11/05 jc 08/09/05 mla 08/08/05 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 1784 WEST GOLF ROAD WHEREAS, Julie Keating (hereinafter referred to as "Petitioner") has filed a petition for a Conditional Use permit with respect to property located at 1784 West Golf Road, (hereinafter referred to as the "Subject Property") and legally described as follows: Lot One in Di Mucci's Resubdivision of Lot 2, except that part thereof taken for the widening of Busse Road, in the Division of the Louis F. Busse Farm, being a division of the Northeast X, except the West 686.40 feet of the Northwest X of said Northeast X of Section 15, Township 41 North, Range 11 East of the 3rd Principal Meridian, according to the plat thereof registered in the Office of the Registrar of Titles of Cook County, Illinois on June 11, 1975 as Document No. 2812468. Property Index Number: 08-15-201-013-0000 and WHEREAS, the Petitioner seeks a Conditional Use permit to develop a 2,400 square foot women's fitness facility, inside an existing shopping center; and WHEREAS, a Public Hearing was held on the request for a Conditional Use being the subject of PZ-26-05 before the Planning and Zoning Commission of the Village of Mount Prospect on the 28th day of July, 2005, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 13th day of July, 2005; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the President and Board of Trustees in support of the request being the subject of PZ- 26-05; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the same meets the standards of the Village and that the granting of the proposed Conditional Use permit would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The recitals set forth are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect do hereby grant the Petitioner a Conditional Use, as provided in Section 14.203.F.7 of the Village Code, to allow c Page 2/2 PZ- 26-05, 1784 W. Golf Rd. the development of a women's fitness facility in an existing shopping center, as shown on the Floor Plan, a copy of which is attached hereto and hereby made a part hereof as Exhibit "A", subject to the following: 1. The tenant space being remodeled in accordance with all Village Codes; 2. The two lots of record are re-striped to provide at least 339 parking spaces, which are the required amount of parking spaces; 3. The property owner agrees to provide additional parking, as needed, for future projects (change in tenant composition, modifications to current tenant spaces, etc.) in order to continue to comply with the Village's parking regulations. SECTION THREE: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of,2005. Irvana K. Wilks Village President ATTEST: M. Lisa Angell Village Clerk H:\CLKO\files\WIN\ORDINANC\C USE 1784 W Golf Rd,shapexpress,aug 2005.doc Village of Mount Prospect Community Development Department Mount Prospect MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER &. Lkc... e\'';'\ot FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: AUGUST 12,2005 SUBJECT: PZ-24-05 - CONDITIONAL USE (COSMETOLOGY SCHOOL) 479 BUSINESS CENTER DRIVE DMITRY KOTL Y AR - APPLICANT The Planning & Zoning Commission transmits their recommendation to approve Case PZ-24-05, a request to operate a cosmetology school, as described in detail in the attached staff report. The Planning & Zoning Commission heard the request at their July 28,2005 meeting. The Subject Property is located on the west side of Business Center Drive, in the Kensington Business Center, and includes an office/manufacturing building with related improvements. The Petitioner proposes to modify a portion of the 21,877 sq. ft. building and operate a cosmetology school. The school will include office space for school staff, student classrooms, and a clinic area. There will be 3 teachers and a maximum of 30 students, but no more than 15 students at the facility at one time. The school will have varying hours and will be open on Saturdays. The Planning & Zoning Commission discussed the intensity of the use based on the number of stations in the school. They stated concerns that a parking deficiency would be created when guests would receive services at the school. The P&Z inquired about the nature of the school, scope of services offered (hair styling, cutting, dying), and whether other services would be offered in the future. The Petitioner stated that the services were not likely to change. The P&Z questioned if there would be any toxic fumes from the beauty supplies and whether the building would require additional ventilation. The Petitioner could not provide details of the building's ventilation system since he was not the owner, but agreed that the site would comply with all Village Code requirements. The Planning & Zoning Commission voted 5-0 to recommend that the Village Board approve a request for a Conditional Use permit to operate a cosmetology school at 479 Business Center Drive, Case No. PZ-24-05, subject to the following conditions: 1. That the ventilation system be investigated to confirm whether a special HV AC system is required; 2. That the parking be monitored to ensure that parking is sufficient for the uses, and 3. That no more than 15 students and 3 teachers attend the facility at one time. Please forward this memorandum and attachments to the Village Board for their review and consideration at their August 16,2005 meeting. Staffwill be present tOf'wer any questions re.lated to this matter. Wi- - ~ · ~ ' William J. Cooney, Jr., ICP jrnc H:\PLAN\Planning & Zoning COMM\P&Z 2005\MEJ Memos\PZ.24~05 ME! MEMO {479 Business Center Dr - CO - cosmo school).doc MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-24-05 Hearing Date: July 28, 2005 PROPERTY ADDRESS: 479 Business Center Drive PETITIONER: Dmitry Kotlyar dba Eric Alexander (name of school/business) 615 Whiting Lane, Arlington Heights, IL 60004 Carl Costanzo 23988 N. Echo Lake Road, Lake Zurich, IL 60047 OWNER: Dan Development L TD PUBLICATION DATE: July 13, 2005 PIN #: 03-35-102-010-0000 REQUEST: Conditional Use approval for a Cosmetology School MEMBERS PRESENT: Chair Arlene Juracek Joseph Donnelly Marlys Haaland Ronald Roberts Richard Rogers MEMBERS ABSENT: Leo Floros Keith Youngquist STAFF MEMBERS PRESENT: Clare Sloan, Neighborhood Planner Jason Zawila, Long Range Planner Elizabeth Schuh, Planning Intern Christina Park, Planning Intern Ellen Divita, Deputy Director, Community Development Chairperson Arlene Juracek called the meeting to order at 7:30 p.m. Richard Rogers moved to approve the minutes of the June 23, 2005 meeting and Joseph Donnelly seconded the motion. The motion was approved 5-0. At 8:00 PM Ms. Juracek introduced Case No. PZ-24-05 a request for Conditional Use approval for a Cosmetology School at 479 Business Center Drive. She said that this case would be Village Board Final. Clare Sloan, Neighborhood Planner, summarized the request. She said the subject property is located on the west side of Business Center Drive, in the Kensington Business Center, and includes an office/manufacturing building with related improvements. The Subject Property is zoned II Limited Industrial and is bordered by the II district on all sides. The Petitioner proposes to modify a portion of the 21,877 sq. ft. building and operate a cosmetology school. However, the Zoning Ordinance requires Conditional Use approval for a vocational school; a cosmetology school is classified as a vocational school. As part of the Conditional Use application, the Petitioner submitted a floor plan that indicates the 3,018 sq. ft. school will include office space for school staff, student classrooms, and a clinic area. The clinic area is the area students will use to practice the skills they are learning, such as hair styling, hair coloring, esthetics, etc. There will be 10 stations set-up in the clinic area (a station consists of a chair, a mirror, and a cabinet to hold the student's supplies). The Petitioner has provided a description of the school, the staffs qualifications, and information on how the school will operate: there will be 3 teachers and a maximum of 30 students, but no more than 15 students at the facility at one time. The school will have varying hours and will be open on Saturdays. <':I "'" PZ-24-05 Planning & Zoning Commission meeting July 28, 2005 Page 2 The building includes multiple tenants, but they are all office uses. The Petitioner submitted a summary of current tenants and a break down of tenant space square footage. Ms. Sloan said the table in the staff report summarized the square footage for the types of use and parking requirement at the site. The adjacent building, 411 Business Center Drive, is owned by the same management company and there is a shared parking agreement between the two properties. The management company confirmed that 411 Business Center Drive has 31,117 square feet of office space. The Zoning Ordinance requires 125 parking spaces for this development, but the site includes 129 parking spaces. Therefore, the site has 5 'extra' parking spaces to share and the proposed use will not create a parking deficiency. Ms. Sloan reported that the standards for Conditional Uses are listed in Section l4.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. The following list is a summary of these findings: the Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; the Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; adequate provision of utilities, drainage, and design of access and egress to minimize congestion on Village streets; and compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. Other departments reviewed the Petitioner's proposal and did not object to the use or find that it would have an adverse impact on the adjacent tenants or properties. The site was developed with a 'twin building' on a separate lot of record. However, the parking calculation listed in the Staff Report reflects the parking on the Subject Property only. Staff found that the proposed use would not create a parking deficiency and site inspection confirmed that the site currently has a lot of available parking. Ms. Sloan reports that the proposed cosmetology school meets the Conditional Use standards contained in Section l4.203.F.8 of the Zoning Ordinance because it will have minimal impact on the adjacent properties and will not create a parking deficiency. Based on these findings, Staff recommends that the Planning & Zoning Commission approve the following motion: "To approve a Conditional Use permit for a cosmetology school at 479 Business Center Drive, Case No. PZ-24-05 subject to the condition that no more than 15 students and 3 teachers attend the facility at one time." Ms. Sloan also reported that the Village Board's decision is final for this case. Ms. Juracek inquired if the public coming into the facility that the students are working on would impact the parking. Ms. Sloan replied the reason the parking requirement was given a maximum of 15 was for the amount of teachers and students that are conditionally allowed to attend the facility at one time. She also stated that the amount of available parking at the office complex would be more than enough space to accommodate the public coming in to this business. Ellen Divita also stated that there is a shared parking situation in this office complex and that all businesses do not operate at the same time. Dmitry Kotlyar and Carl Costanzo, Petitioners, were sworn in. The petitioners said that Eric Alexander is a school that offers a high quality and affordable cosmetology education. Mr. Kotlyar said that the facility would have a maximum of ten training stations, but realistically five or six would be used at a time. He also said that classes would be small with only six or seven students at a time and that classes would be offered at flexible hours throughout the day. The space would also utilize two class rooms and no new construction was needed for this use. Richard Rogers inquired more about the operations of Eric Alexander. Mr. Costanzo replied that they offer education for services you would see in any hair salon such as hair cutting/coloring and cosmetics. Mr. Rogers . 1>Z-24-05 Planning & Zoning Commission meeting July 28, 2005 Page 3 also wanted to know if they were planning on offering any services for finger nails to which Mr. Costanzo replied that this was possible for the future, but not right now. Mr. Rogers further inquired if the HV AC system was shared with other businesses in the building. He was concerned that chemical products used in this type of school give off an odor that might be shared with the other businesses in the building if they are all connected by the same HV AC system. Mr. Kotlyar replied that as far as he knew the space had a separate air and heating unit on the roof from any other business in the building. Ms. Juracek wanted know if this was something the Building Division looked at when approving the permit. Ellen Divita replied that she was sure this was something the Environmental Health and Building division would review and that Bill Cooney, Community Development Director, previously met with the owner of the building, where the school would be located, and the property owner believes there would be no conflicts between this school and the other tenants. Ms. Sloan also noted the build out would meet all Village codes Ms. Juracek also wanted to clarify that cosmetology was a state licensed profession. The Petitioners stated that it was a state licensed profession. Ms. Juracek asked if there were any questions from the audience. There were none and the Public Hearing was closed. Richard Rogers made a motion to amend the approval for conditional use with the with the caveat that the HV AC system be investigated specifically to ensure that aerosol sprays and related products would not affect the other tenants in the building, and that parking does not adversely affect the facility. Ronald Roberts seconded the motion. Joseph Donnelly made a motion to amend the approval for conditional use with the caveat that parking does not adversely affect the facility. Ronald Roberts seconded the motion. Richard Rogers made a motion to approve conditional use for a cosmetology school at 479 Business Center Drive, Case No. PZ-24-05, with the caveat that the HV AC system be investigated specifically to ensure that aerosol sprays and related products would not effect the other tenants in the building, and that parking does not adversely effect the facility. Ronald Roberts seconded the motion. UPON ROLL CALL: AYES: Donnelly, Haaland, Roberts, Rogers, and Juracek NAYS: None Motion was approved 5-0. The case will go to Village Board for their consideration After hearing four more cases, Richard Rogers made a motion to adjourn at 10:03 pm, seconded by Ronald Roberts. The motion was approved by a voice vote and the meeting was adjourned. H:IPLANlPlanning & Zoning COMM\P&Z 2005\MinutesIPZ-24-05 479 Business Center Drive CD - Schoo17-28-05.doc Village of Mount Prospect Community Development Department CASE SUMMARY - PZ-24-05 LOCATION: PETITIONER: OWNER: PARCEL #: LOT SIZE: ZONING: LAND USE: REQUEST: 479 Business Center Drive Dmitry Kotlyar dba Eric Alexander (name of schoollbusiness) Dan Development L TD 03-35-102-010-0000 2.1 acres (93,129 sq. ft) 11 Limited Industrial Office Building Conditional Use approval for a Cosmetology School ill .\t(.~ :~. i :-0 1JII] LOCATION MAP . \ ... m m ~ l> z < ;= ,... m o '" ~ MEMORANDUM Village of Mount Prospect Community Development Department TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION ARLENEnYRACEK,CHAIRPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: JULY 21, 2005 HEARING DATE: JULY 28, 2005 SUBJECT: PZ-24-05 - CONDITIONAL USE (COSMETOLOGY SCHOOL) 479 BUSINESS CENTER DRIVE - DMITRY KOTL Y AR (APPLICANT) BACKGROUND A public hearing has been scheduled for the July 28,2005 Planning & Zoning Commission meeting to review the application by Dmitry Kotlyar (the "Petitioner") regarding the tenant space located at 479 Business Center Drive (the "Subject Property"). The Petitioner is seeking Conditional Use approval to operate a cosmetology school. The P&Z hearing was properly noticed in the July 13,2005 edition of the Journal Topics Newspaper. In addition, Staff has provided written notice to property owners within 250-feet and posted a Public Hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located on the west side of Business Center Drive, in the Kensington Business Center, and includes an office/manufacturing building with related improvements. The Subject Property is zoned 11 Limited Industrial and is bordered by the 11 district on all sides. SUMMARY OF PROPOSAL The Petitioner proposes to modify a portion of the 21,877 sq. ft. building and operate a cosmetology school. However, the Zoning Ordinance requires Conditional Use approval for a vocational school; a cosmetology school is classified as a vocational school. As part of the Conditional Use application, the Petitioner submitted a floor plan that indicates the 3,018 sq. ft. school will include office space for school staff, student classrooms, and a clinic area. The clinic area is the area students will use to practice the skills they are learning, such as hair styling, hair coloring, esthetics, etc. There will be 10 stations set-up in the clinic area (a station consists of a chair, a mirror, and a cabinet to hold the student's supplies). The Petitioner has provided a description of the school, the staffs qualifications, and information on how the school will operate: there will be 3 teachers and a maximum of 30 students, but no more than 15 students at the facility at one time. The school will have varying hours and will be open on Saturdays. GENERAL ZONING COMPLIANCE The building includes multiple tenants, but they are all office uses. The Petitioner submitted a summary of current tenants and a break down of tenant space square footage. The following table summarizes the square footage for the types of use and parking requirement. PZ-24-05 Planning & Zoning Commission meeting July 28, 2005 Page 3 Spaces Tenant Classification Size of Tenant Space Parkin2: Requirement Required Office 18,859 sq. ft. 4 spaces per 1,000 sq. ft 75 spaces Proposed 2 spaces per 3 employees plus 1 space per Eric Alexander 3,018sq. ft. maximum number of students 17 spaces Total Spaces Required 92 Total Spaces Provided 89 Parking Deficiency 3 The adjacent building, 411 Business Center Drive, is owned by the same management company and there is a shared parking agreement between the two properties. The management company confirmed that 411 Business Center Drive has 31,117 square feet of office space. The Zoning Ordinance requires 125 parking spaces for this development, but the site includes 129 parking spaces. Therefore, the site has 5 'extra' parking spaces to share and the proposed use will not create a parking deficiency. CONDITIONAL USE STANDARDS The standards for Conditional Uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. The following list is a summary of these findings: . The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; . The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; . Adequate provision of utilities, drainage, and design of access and egress to minimize congestion on Village streets; and . Compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. Other departments reviewed the Petitioner's proposal and did not object to the use or find that it would have an adverse impact on the adjacent tenants or properties. The site was developed with a 'twin building' on a separate lot of record. However, the parking calculation listed in the Staff Report reflects the parking on the Subject Property only. Staff found that the proposed use would not create a parking deficiency and site inspection confirmed that the site currently has a lot of available parking. RECOMMENDA TION The proposed cosmetology school meets the Conditional Use standards contained in Section 14.203.F.8 of the Zoning Ordinance because it will have minimal impact on the adjacent properties and will not create a parking deficiency. Based on these findings, Staff recommends that the Planning & Zoning Commission approve the following motion: PZ-24-05 Planning & Zoning Commission meeting July 28, 2005 Page 4 "To approve a Conditional Use permit for a cosmetology school at 479 Business Center Drive, Case No. PZ-24-05 subject to the condition that no more than 15 students and 3 teachers attend the facility at one time. " The Village Board's decision is final for this case. I concur: irector of Community Development lit H:\PLAN\Plalming & Zoning COMM\P&Z 2005\StaffMemo\PZ.24-05 MEMO (479 Business Center Drive CU. SchooJ).doc ~ . ~ Case NUmber Jl&z - - ~ .. ~~ DeveloplUeut NIiltnt.VAdcnSli , , t .'~ " , .. .. ~~ - Date ofSlibmislSiQIl' , , " , >If 9;,', .. , ~. . Rcuing Dab: " ..... .... .. .' : . 'I Legal Dascrlption (attaoh ailditloual ahel#ts ifnrJcf)~ary) ...: _11117"<" fkd,l,Nf ./ se..:. - , ~'W""'~~'. '.~. -;--. ~ N~.. _.. '. o :.-::~':.'f:: L0.ll417~1' Y Ko -I t.:yOR.. ,;:~: ";;"a":4i(<...qN'04~ .t:j d 8__. 61'klUil-//J iff a 'Y', .rl/; s~ t. -. .&J.s~Mr0 z o i, ~ ~ I 06/16105 14: ~5 F~;t~~.~9 OJl45 06/1il20;'S~ pAx 847 ~~8 1893 -. /rrT/v. $""oI!:~ . -' DAN DEVELOPMENT ~xs N.A.. WHEELING ~002 lib 006 . VilLAGE OF MOUNT PROSPECT . COMrv UNITY DEVELOPMENT DEP AR't.M:'ENT _ Planning Division 50 S, En,man Street . MowttP_ JlIJ.ol. 60056 -r~ 1 <? ,;J~ Phone B47.81&5328 IU{~ I. F~ 847.818.5329 _~ ~ Application for Conditional Use Approval -: -, Pu;.SPect ''''.11 ltellt Side- - , Build.i:Dg Haight LotCoverage (%) NllO'IbeiOlParkint Spaoes f .:z ~J, c. Agiactmt L.u3d USfltl: North South. , Tax tn. Numbl,;r Ol; Couo:t.y ASlliaued I'in Number(s) .:3 G,.... if' '-;J..P~f ~ N./e>A/dt. 1'-. ,41P1,~~rd'" ~ : ., -- Pa$CX' ~~c 0645 DAN DEVEl.,9PMENT ........ 06/16/05 _.~4:4~FAX ~.~O 629.,. --- umlS N.A.. waE:E:LINQ ---.. tUU1S120llS ~6: 51 F~ p47 &,OS_J..S-V,. l(!J vu.,) f4I004 .' , .. ,- Telephone (day) ~ Name r t J (J- 6,)7- (J ~ tJt - /)/fIJ ~i/~/DfJAI~""r I. if) ~ if"''''! p.,. ~'k Corporation , Telephone (eve.triD.g) p( I? ~~ ,p.;J- ..-f S u,1(: II l- t, JrJ-"')-7 - (), (J~ !jO /0 t!- i'i Street A.ddl'ess Fax: ,,~_ 11~'YQ .-.:i1S' ~ A. JIJ.;t..I f'- ?~ /YJ' t ~IJ 08; ~I City Stat(; ZIp COOe Pa.ger t<.f'l ~ I.,.., !Jd - , "'7 - t) (. 0 (. u ~ " De-veloper Ttl1ephQI1e (day) Name Addxe$S : t I Fax }JQfV .. I Att()rncy Tel~ (day) NIilDl,(l Address kI-Jtrd FltX '<P'"r Sunreyor Telephone (day) ~ Name ~~ Address ~e^-.J F~ g S ... o"ij ~l ~'i Eogill,ecr Telephone (day) Name o't ~.~ Address ~ Fax ~q. /. < =' " ArclUteet ~amc Tli:lephone (day)~ - , \ddress ~ FaJI: - : ----'" ) .landscape ArCbAt~t:t llame Te1ephoJ1C (day): JAm... ~ ~ Fax Mount :P.rosp~t Depllrl.lIlCnt of Ccmnnmity Development 50 Sout11 Ern ~SOl1 Strect~ M~nlnt P;rospe.ct Dlinofll ~.mtll.ultJl tospect.org 2 Phone 847.818.5.328 Fax; 847,8lS.53~ TDD 847.392.60W: 06/16/05 14: 46 F~...!;lO 629 064~_.. DAN DEV~LOp~mNT 3 HARRI S N. AI' WHEELING 08/15/.2Ii;;5 16:~?, rJJ. 8g~?!~A...I Proposed Conditional Use (as listed m the zoning disltict) I o 0 I Describe ill Detail the Building!l and cti.vities Pro}losr:d al\ljl J.low the :PmpQ$ed Use MeeTS the Attaclred Standards for Conditional Use Approval (attacb.llctditiOllrU ShQIltS ifn.ecestllU)') . eLtC /l-le. k 1h#~.12... Is l t> I-t< {,( -ft~-<.e eO,)1'4' .,pr'a _ j ~/r ~L~.:oI,(]pJ4.Y,4 /~V~ ~k .#4~q; "e ~ ~4>--M~~ ~~4?OA./. ~ !J z;;:;;..~. :P>/PA./ : ;>0 ~ M~~/' ~ k .t;v.:vf' $~ !.-~ ~ ~ ~":f d~";.d"' .$'kt4=~ ~,~ jA/ ~/<.- &.r/T/~I 4>~~.c.iv~. ,1. ~ '_ ~ ~Wt!, ~P-e &Ls~~ ~7ifJAJ ~ lA/of:. ~ ~ ~f-fd..e of- 5eL fk.~ t6 eo~ ~N~ (JJ.fJ~ ~ 01= O~/4!J:.. ~a.v rce.e..e FCRK-l'N /~o~~ J / rtt:lcv~t'C- 7 14]004 laJ 005 . t., ~~ =5 !~ ~o ~~ - ----- Setbacks: hont Rear Side Side -.-.. - _. N1.Imber of Puldag Spa.ces dt:.. - BuUdillJ Height l.Qt Covetage (%) PI~e nQte that the application wl1l not bee l'eViewed wtil this petition has been fully completed lUld all requited plans and o1ltm taaterials have been : .atisfactorily submitted to tb.cl Plann.ing Division. Incomplete liUbrnil.tals will not be accepf;t:d. 1l ill stoongly suggested that the pet:ltiOl'l~r S :!1ledu1e an appointmentwitb thl; appropriate Village staffso thatmate.t:ials can bercviewed:thr accuracy a.nd completeness _tthe tiJne ofsub:nitta1. In CO~lder, Ltion Qfthe infonnatiou contain~d in this petition as well as all suppoxting documentation. it is requested that approval be given to ~ requ lit. The applicant is th.e owner or authorized representative oftbe owner Qffhe property. ThepetitiQner and the owner of the propeity gr; lD.t ~loyc~s ofthlil Village ofMolIDt:{>rospoct and their agents pennission tI) enter on the property dminS reascllIiLble houtS for visua1'imp~ cnon of the subject propLU'/.)'. Applioant ~ all materials submitted. Ut assf;lciation with this application are lrue and Date_ 0 IJ, I V ~05 I If applic~t is not property owner: I hexcby deliplare the ~C3Ilt to act as myag.ent for the pJJIjlose of sllIekittg the Variation(s) described in Illis application and me associ~ted: SllppQrting ma: . , h--/?-t/,{? . Phone 847_S18.S~28 Fax 847.818.S32~ TDD 847392.606 ~ 615 Whiting Ln. Arlington Heights IL 60004 Dtnitry Kotylar Eric Alexander 847-398-2976 847-962-8577 Eric Alexander is a full time cosmetology school dedicated to consistently providing high quality and affordable cosmetology education to a broader demographic. We are commit- ted to rendering an excellent and varied learning experience for each student who attends our classes. We value relationships and will foster a friendly, fair, and creative work environment conducive to higher learning. We have a broad range of learning methods to offer our students and the comfortable setting in which to offer them. We respect diversity and welcome ideas as well as rewarding diligent work. We believe in keeping the focus on the student and the quality of the education being provided. Keeping our teachers on top of changes within the industry as well as keeping in mind the different ways students learn is of supreme importance to us. Our mission: Eric Alexander is committed to being the best at teaching advanced skills in hair cutting, coloring, styling, chemical processing and esthetics. We strive to provide students with the technical skills as well as the confidence they need to enter the diverse world of cosmetol- ogy. Our focus will remain on integrity, values and a fundamental understanding of the indus- try which will provide each student with the foundation to a successful career. The timing is right for starting this venture. We have patiently researched changes within the beauty industry as well as sought the perfect location. The demand from those seeking to join our industry for affordable, quality, consistent education as well as the ambitions of the owners to one day start our own cosmetology school and the procurement of highly trained and experi- enced teachers to support the school, makes this business one of great potential. Dmitry Kotylar co-owner with Tina Toniolo bring knowledge and experience to the business. Mr. Kotylar is a no-nonsense business manager and Mrs. Toniolo is a licensed cosmetologist and has worked in upscale salons, building a large client base through her hard work and dedi- cation. She has also earned her cosmetology teaching license and is eager to impart her experi- ence to her future students. Together, they have organized a talented team of educators to be led by seasoned cosmetology master educator, salon owner and hairdresser Johannes Burkert. Mr. Burketi has had extensive experience in both salons and cosmetology schools. He has partnered with Franco Tricoci in the Tricoci School of Hair Design. He was an educator for the Mario Tricoci Salons during their genesis and for many years thereafter. . He has an insiders sense of the industry from a variety of vantage points and brings invaluable wisdom and knowledge to this company. Carlo Costanzo is also a cosmetology educator with experience in business management. We believe this team and others who, with equally qualified resumes, will make this venture and extremely successful one. We fully expect our growing reputation to lead students to our doors to support our anticipated growth. Eric Alexander will, upon commencement of operations, provide thorough, quality cosmetology education in the areas of hair styling, coloring, perming, relaxing as well as in esthetics. As per the state of Illinois requirements, all services rendered are provided by the stu- dents. These students are supervised at all times by a licensed cosmetology instructor. What will set Eric Alexander apart from the competition of other cosmetology schools will be offer- ing education provided by highly experienced and educated teachers at an affordable price to the student. Eric Alexander wants to set itself apart from other cosmetology schools by focusing on relationships and values and by keeping tuitions affordable to the general population, thus wel- come a more diversified student body which will accurately reflect our growing community. There certainly exists other cosmetology schools in the area, perhaps larger and with more frills. We do not intend to compete with such large companies. It is also possible to find somewhat more affordable education but at the expense of not having such experienced educa- tors. We wish to offer a middle ground for students who cannot afford the high expense that accompanies such ornate settings, but who want the assurance they are being taught by people who know the technical skills of cosmetology and the beauty industry as a whole. We believe our size, both in building and staff is just right to accomplish our mission of blending quality with affordability. Our atmosphere will be a relaxing and manageable one for both the students and the clients who will be serviced by the students. The atmosphere and daily working operations will be similar in fashion to an upscale area salon. Our marketing strategy is an uncomplicated one: word of mouth is our business' best advertising. We will seek to partner with area salons who wish to have people educated with the sole intent to work for them when the student graduates. The advantage is to both the student and the salon owner. Area high schools will also benefit from being able to offer another vocational school in the area for interested students, once again with a tuition that is more easily attained by the average working family. We have a plan in place to offer salons and schools a scholarship program as added incentive to the potential students. Eric Alexander will be organized and managed in a way that will promote student confidence and awareness. The climate will be conducive to a high degree of personal develop- ment allowing for future economic success for its' graduates as they enter the cosmetology field fully prepared to meet demands of daily salon life. Training classes for its' employees will continue on a regular basis to ensure our educators remain informed of changes and progression throughout the beauty industry. 615 Whiting Ln. Arlington Heights IL 60004 Dmitry Kotylar Eric Alexander 847-398-2976 847-962-8577 I) the number ofteachers in the employment will be 3 2) The number of students will not exceed 30 and will not exceed 15 on any schedule. 3) The working hours of the school will be (m)12n-8pm (t)9am-5pm (th)9am-5pm (f)12n-8pm (sat)9am- 5pm. Note: we will be using the existing building structure as it is, there are not any structural changes neces- sary. ~I 1 I' I ___ -" ~. c== l-========--Ir~ - --- r- ~ CLASSROOM #1 ' ill, HECEF'TION "t..REA I i~ 1.\ ]1 .1 , I '.J I h ,- K _J ~-j~=J Suite t.12 ij=-----=ji r=-1l====~-- 3,018 SF. II ;LAS~;ROOM#2:l III I _ \iI II. I , , CLINIC AREA ~ , - \ /- ---- ------~=,=,,=,,=-:=\ ====, ~. ~=:}==:===__I==;d c-L6-CKER:~)- L-_ --"If\ I, I \ __,_ .---J _ I !1'-nLt=~'===---'I- [~\ ___ /~1J'\i===~J\i III OFFICE \\ -' OFFICE en! ~1r~t~t ~l UTILITY 'l: iii II i ~-~.", c=:) \ ~ ill I, t ~,:.J \ _' __ ==:.: _ - ==:=;,=~ ==- 1\ J I L ~-- '--\- e- Ii '-.------.=:==-::...-==:=tri [--.c==-=-- r~ '-.. C . 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AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 479 BUSINESS CENTER DRIVE WHEREAS, Dmitry Kotlyar (hereinafter referred to as "Petitioner") has filed a petition for a Conditional Use permit with respect to property located at 479 Business Center Drive, (hereinafter referred to as the "Subject Property") and legally described as follows: Lot 9 in Kensington Center, Phase One, Being a Subdivision in the East half of Section 34, and the West half of Section 35, in Township 42 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois. Property Index Number: 03-35-102-010-0000 and WHEREAS, the Petitioner seeks a Conditional Use permit to modify 3,018 square foot of the 21,877 square foot building and operate a cosmetology school; and WHEREAS, a Public Hearing was held on the request for a Conditional Use being the subject of PZ-24-05 before the Planning and Zoning Commission of the Village of Mount Prospect on the 28th day of July, 2005, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 13th day of July, 2005; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the President and Board of Trustees in support of the request being the subject of PZ- 24-05; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the same meets the standards of the Village and that the granting of the proposed Conditional Use permit would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The recitals set forth are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect do hereby grant the petitioner a Conditional Use, as provided in Section 14.203.F.8 of the Village Code, to allow the operation of a cosmetology school, as shown on the Site Plan, a copy of which is attached hereto and hereby made a part hereof as Exhibit "A". As a condition of the Conditional Use permit no more than fifteen (15) students and three teachers, for a total of eighteen (18) persons may be in attendance at the school at anyone time. D Page 2/2 PZ- 24-05, 479 Business Center Drive SECTION THREE: Prior to the issuance of a building permit relative to the Conditional Use, a mechanical exhaust system that is independent of other ventilation system(s) for the building shall be fully installed, and in proper operation. SECTION FOUR: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FIVE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2005. Irvana K. Wilks Village President ATTEST: M. Lisa Angell Village Clerk H"ICLKO\filesIWINIORDINANCIC USE 479businesscenter,cosmetologyschoolaug 200S.doc Village of Mount Prospect Community Development Department Mount Prospect MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER 'bb. \--t~ ~1't.IoC" FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: AUGUST 12, 2005 SUBJECT: PZ-23-05 - CONDITIONAL USE (GYM) 50 E. NORTHWEST HWY JOHN ANDERSON - APPLICANT The Planning & Zoning Commission transmits their recommendation to approve Case PZ-23-05, a request to operate a gym, as described in detail in the attached staff report. The Planning & Zoning Commission heard the request at their July 28, 2005 meeting. The Subject Property is located on the north side of Northwest Highway, between Emerson and Main Streets. The Subject Property, known as the "Lofts & Shops" is a mixed use development and includes approximately 20,950 square feet of retail/commercial space on the first floor and 34 condominiums (total) on the second and third floors. The Petitioner proposes to modify the interior of the 2,934 sq. ft. tenant space and operate a gym. The Petitioner proposes to market the facility primarily to residents of the Lofts & Shops building, people who live in the downtown area, and commuters who take the train. The Petitioner stated that most of the clients would walk to the facility because they live in close proximity to the facility or use their existing parking space. The Planning & Zoning Commission discussed whether the parking situation was sufficient. Also, questions were raised as to the nature of the business. The Petitioner testified that all of the employees would park in the deck, which is only located a block from the proposed gym. In addition, the Petitioner stated that the business is marketed to people already in the downtown area or who commute via Metra. The P&Z questioned if the 25 pieces of equipment would be in use at the same time. The Petitioner explained that the gym offers circuit training and they switch machines throughout a 30-minute exercise routine. Usually, Monday, Wednesday and Friday are the most popular days. If a customer asks, the Petitioner will suggest that people schedule their workouts on days that are not as busy. The Planning & Zoning Commission voted 5-0 to recommend that the Village Board approve a request for a Conditional Use permit to operate a gym at 50 E. Northwest HWY, Case No. PZ-23-05, subject to the condition that all Commuter Fitness employees park in the municipal parking deck. Please forward this memorandum and attachments to the Village Board for their review and consideration at their August 16, 2005 meeting. Staff will be present to answer any questions related to this matter. ~.~l William J. Ijmc H:\PLAN\Planrllllg & Zoning COMM\P&Z 2005\MEJ Memos\PZ-23-05 ME] MEMO (commutcrllmcss CU g)TIl).doc MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-23-05 Hearing Date: July 28, 2005 PROPERTY ADDRESS: 50 E. Northwest Highway PETITIONER: John Anderson, Commuter Fitness 204 W. Sunset Road, Mount Prospect, IL 60056 OWNER: Norwood Builders PUBLICATION DATE: July 13, 2005 PIN#: 08-12-108-042-1032/1031/1011/1021/1001/1034/1033 REQUEST: Conditional Use approval for a gym MEMBERS PRESENT: Chair Arlene Juracek Joseph Donnelly Marlys Haaland Ronald Roberts Richard Rogers MEMBERS ABSENT: Leo Floros Keith Youngquist STAFF MEMBERS PRESENT: Clare Sloan, Neighborhood Planner Jason Zawila, Long Range Planner Elizabeth Schuh, Planning Intern Christina Park, Planning Intern Ellen Divita, Deputy Director, Community Development Chairperson Arlene Juracek called the meeting to order at 7:30 p.m. Richard Rogers moved to approve the minutes of the June 23, 2005 meeting and Joseph Donnelly seconded the motion. The motion was approved 5-0. At 7:46 PM Ms. Juracek introduced Case No. PZ-23-05 a request for Conditional Use approval for a Gym at 50 E. Northwest Highway. She said that this case would be Village Board Final. Claire Sloan, Neighborhood Planner, summarized the request. She said the subject property is located on the north side of Northwest Highway, between Emerson and Main Streets. The Subject Property, known as the "Lofts & Shops" is a mixed use development and includes approximately 20,950 square feet of retail/commercial space on the first floor and 34 condominiums (total) on the second and third floors. The Subject Property is zoned B5C Downtown Commercial Core Planned Unit Development and is bordered by the B5C district to the north, east, and west and by the Union Pacific (Metra) rail road tracks to the south. The Petitioner proposes to modify the interior of the 2,934 sq. ft. tenant space and operate a gym. The attached information includes a floor plan for the operation and indicates that the facility will include cardiovascular machines, a free weight area, exercise machines, and a locker room. The locker room will have showers, lockers, and restrooms. The Petitioner proposes to market the facility primarily to residents of the Lofts & Shops building, people who live in the downtown area, and commuters who take the train. The Petitioner's application states that the clients would walk to the facility because they live in close proximity to the facility or use their existing parking space (i.e. commuters who drive to the train). PZ-23-05 Planning & Zoning Commission meeting July 28, 2005 Page 2 Ms. Sloan reported that the Subject Property previously obtained Conditional Use approval in 1999 for a Planned Unit Development, mixed use facility. The Subject Property includes 34 residential units and 10 commercial tenant spaces. Shortly after the Lofts & Shops mixed-use project was approved, the developer entered into an agreement with the Village and leases 40 parking spaces in the Village's parking deck. Employees who work in the Lofts & Shop development are required to park in the Village parking deck to ensure the surface and street parking lot is available for customers. The Lofts & Shops site includes an underground parking garage for the residential units. Currently, while the site is under construction, there are 49 surfaces spaces for the Lofts & Shops, neighboring office space, restaurant, and bakery as well as 21 on street parking spaces. In addition, the Village parking deck, located less than one block from the Subject property, has 383 free parking spaces available to downtown shoppers. A free valet service parks vehicles in the parking deck during peak dining hours, which ensures the Village parking deck is used for 'longer trips' and that the surface lot spaces are turned over quickly by people making 'short trips' to the mixed use development or the neighboring businesses. Staff reviewed the parking situation and found that the proposed gym requires 7 parking spaces to comply with Zoning Ordinance requirements (5 spaces per 1,000 sq. ft. then divided in half because it is located downtown). However, the development was approved with a retail use in mind, which requires 12 parking spaces (4/1,000 sq. ft.). Therefore, the proposed gym will have a less intense impact on the Lofts & Shops development and the neighboring properties because it requires fewer parking spaces. Ms. Sloan reported that the standards for Conditional Uses are listed in Section l4.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. The following list is a summary of these findings: the Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; the Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; adequate provision of utilities, drainage, and design of access and egress to minimize congestion on Village streets; and compliance of the Conditional Use with the provisions ofthe Comprehensive Plan, Zoning Code, and other Village Ordinances. Other departments reviewed the Petitioner's proposal and did not object to the proposed use. However, Staff has concerns regarding the parking situation. Ms. Sloan reported that the Petitioner is marketing the gym to people who already live in the downtown area or will already be in the area for another purpose, such as taking the train. In theory, the use will not generate new and/or additional vehicle trips to the site. The Petitioner states in the attached application that he anticipates needing less than 1 space for every 10 customers and that the peak usage times would vary. Based on the fact that the gym is geared toward commuters, it is reasonable to anticipate peak usage times during the morning and evening commutes. Since LePeep closes at 2pm, there would not be a parking conflict in the evening (per Zoning regulations, 30 parking spaces would be available). However, the free valet service is available during the lunch and evening dining hours for people who are not interested in parking in the Village parking deck when surface parking is not available. Since there are alternatives to the surface and street parking (free valet service, parking deck less than 1000' from the site) and the fact that the use will be marketed to people who will already be in the downtown area, it is reasonable to conclude that Commuter Express patrons will not create a parking deficiency for the site. Ms. Sloan said the proposed gym meets the Conditional Use standards contained in Section 14.203.F.8 of the Zoning Ordinance. Based on these findings, Staff recommends that the Planning & Zoning Commission approve the following motion: "to approve a Conditional Use permit to allow a gym to operate, as detailed in the Petitioner's application, at 50 E. Northwest Highway, Case No. PZ-23-05, subject to the condition that the Commuter Fitness employees park in the municipal parking deck." Ms. Sloan said that the Village Board's decision is final for this case. PZ-23-05 Planning & Zoning Commission meeting July 28, 2005 Page 3 Richard Rogers asked staff how many employees would be working at the facility and if a traffic study was completed for this case. Ms. Sloan replied that the applicant would be able to answer how many employees would be working at the gym and that a traffic study was not completed. Ms. Jurack wanted clarification on planning staffs concern of the parking situation. Ms. Sloan noted the sensitivity of available parking in a downtown district and said staff just wanted to take extra care. She stated that the original use for this location was retail and that this gym would require less parking than was originally intended and wanted to make sure that was clearly stated and understood. John Anderson, the applicant, was sworn in. He thanked the commission for the opportunity to propose his business, Commuter Fitness. He described that his customer base would consist of people living in condos in the area that do not have an existing fitness centers and train commuters. He further explained that equipment layout for Commuter Express is set up for circuit training that typically takes 45 minutes to an hour to work out and that his customers would be in and out within one hour to one hour and fifteen minutes. He knows that parking is an issue in the area and said this would not be a problem for his business because his customer base would be coming down from the condominiums or were already parked for the train station. He also said that he would have 3 employees at a maximum at all hours of operation and that his employees would use the municipal parking deck. Mr. Anderson closed his presentation by saying that he was planning to use the same signage that the jeweler next door uses and would be in compliance with Village code. Richard Rogers asked if Mr. Anderson if he ever anticipated all the work machines being used at one time. Mr. Anderson did not foresee all the machines being used at one time. Joseph Donnely asked how many customers Mr. Anderson predicted working out in Commuter Fitness at a time. Mr. Anderson replied that he did not realistically expect there to be more than 15 people there at a time. Ms. Juracek asked if customers had to make appointments or could just walk into Commuter Fitness. Mr. Anderson replied that they could walk in during the operational hours which would be from 5 :00 am in the morning until 9:00 pm in the evening. Ms. Juracek asked if there were any questions from the audience. There were none and the Public Hearing was closed. Richard Rogers made a motion to approve the conditional use for a Gym at 50 E. Northwest Highway, Case No. PZ-23-05. Joe Donnelly seconded the motion. UPON ROLL CALL: AYES: Donnelly, Haaland, Roberts, Rogers, and Juracek NAYS: None Motion was approved 5-0. The case will go to Village Board for their consideration PZ-23-05 Planning & Zoning Commission meeting July 28, 2005 Page 4 After hearing five more cases, Richard Rogers made a motion to adjourn at 10:03 pm, seconded by Ronald Roberts. The motion was approved by a voice vote and the meeting was adjourned. ng Range Planner H:IPLAN\Planning & Zoning COMM\P&Z 2005\MinutesIPZ-23-05 50 E NW HWY CD - Conunuter Fitness Gym 7-28-05.doc Village of Mount Prospect Community Development Department CASE SUMMARY - PZ-23-05 LOCATION: PETITIONER: OWNER: PARCEL #: LOT SIZE: ZONING: LAND USE: REQUEST: 50 E. Northwest Highway John Anderson, Commuter Fitness Norwood Builders 08-12-108-042-1032/1 031/10 11/1021/100 1/1 034/1 033 1.17 acres B5C Planned Unit Development Mixed Use Development - Retail & Condominiums Conditional Use approval for a gym 5 - ~ ~ l. - rJ.:J ~ = ~ 15 LOCATION MAP Central Road .... .... , ,., <:> - [--5-- ---] _._-~----,- H Mount Prospect Public Library Parking Deck Village Hall 10 ..... ~ e 11 ..... rJ.:J ~ - - ~ Busse Avenue ~~ 10 101 11 105-109 J\rOI-I~ tt--eSI 4~~ tt---;. 1 2 4 5 6 8 10 12 14 16 19 20 21 22 - - - 110 ..... ~ ~ l. ..... rJ.:J ~ - Q.. = ~ ~ MEMORANDUM Village of Mount Prospect Community Development Department TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION ARLENE JURACEK, CHAIRPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: JULY 21,2005 HEARING DATE: JUL Y 28, 2005 SUBJECT: PZ-23-05 - CONDITIONAL USE (GYM) 50 E. NORTHWEST HIGHWAY (COMMUTER FITNESS) BACKGROUND A public hearing has been scheduled for the July 28,2005 Planning & Zoning Commission meeting to review the application by John Anderson / Commuter Fitness Gym (the "Petitioner") regarding the tenant space located at 50 E. Northwest Highway (the "Subject Property"). The Petitioner is seeking Conditional Use approval to allow a gym. The P&Z hearing was properly noticed in the July 13,2005 edition of the Journal Topics Newspaper. In addition, Staff has provided written notice to property owners within 250-feet and posted a Public Hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located on the north side of Northwest Highway, between Emerson and Main Streets. The Subject Property, known as the "Lofts & Shops" is a mixed use development and includes approximately 20,950 square feet of retail/commercial space on the first floor and 34 condominiums (total) on the second and third floors. The Subject Property is zoned B5C Downtown Commercial Core Planned Unit Development and is bordered by the B5C district to the north, east, and west and by the Union Pacific (Metra) rail road tracks to the south. SUMMARY OF PROPOSAL The Petitioner proposes to modify the interior of the 2,934 sq. ft. tenant space and operate a gym. The attached information includes a floor plan for the operation and indicates that the facility will include cardiovascular machines, a free weight area, exercise machines, and a locker room. The locker room will have showers, lockers, and restrooms. The Petitioner proposes to market the facility primarily to residents of the Lofts & Shops building, people who live in the downtown area, and commuters who take the train. The Petitioner's application states that the clients would walk to the facility because they live in close proximity to the facility or use their existing parking space (i.e. commuters who drive to the train). GENERAL ZONING COMPLIANCE The Subject Property obtained Conditional Use approval in 1999 for a Planned Unit Development, mixed use facility. The Subject Property includes 34 residential units and 10 commercial tenant spaces. Shortly after the Lofts & Shops mixed-use project was approved, the developer entered into an agreement with the Village and PZ-23-05 Planning & Zoning Commission meeting July 28,2005 Page 3 leases 40 parking spaces in the Village's parking deck. Employees who work in the Lofts & Shop development are required to park in the Village parking deck to ensure the surface and street parking lot is available for customers. The Lofts & Shops site includes an underground parking garage for the residential units. Currently, while the site is under construction, there are 49 surfaces spaces for the Lofts & Shops, neighboring office space, restaurant, and bakery as well as 21 on street parking spaces. In addition, the Village parking deck, located less than one block from the Subject property, has 383 free parking spaces available to downtown shoppers. A free valet service parks vehicles in the parking deck during peak dining hours, which ensures the Village parking deck is used for 'longer trips' and that the surface lot spaces are turned over quickly by people making 'short trips' to the mixed use development or the neighboring businesses. Staff reviewed the parking situation and found that the proposed gym requires 7 parking spaces to comply with Zoning Ordinance requirements (5 spaces per 1,000 sq. ft. then divided in half because it is located downtown). However, the development was approved with a retail use in mind, which requires 12 parking spaces (4/1,000 sq. ft.). Therefore, the proposed gym will have a less intense impact on the Lofts & Shops development and the neighboring properties because it requires fewer parking spaces. CONDITIONAL USE STANDARDS The standards for Conditional Uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. The following list is a summary of these findings: . The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; . The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development ofthose properties; . Adequate provision of utilities, drainage, and design of access and egress to minimize congestion on Village streets; and . Compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. Other departments reviewed the Petitioner's proposal and did not object to the proposed use. However, Staff has concerns regarding the parking situation. The Petitioner is marketing the gym to people who already live in the downtown area or will already be in the area for another purpose, such as taking the train. In theory, the use will not generate new and/or additional vehicle trips to the site. The Petitioner states in the attached application that he anticipates needing less than 1 space for every 10 customers and that the peak usage times would vary. Based on the fact that the gym is geared toward commuters, it is reasonable to anticipate peak usage times during the morning and evening commutes. Since LePeep closes at 2pm, there would not be a parking conflict in the evening (per Zoning regulations, 30 parking spaces would be available). However, the free valet service is available during the lunch and evening dining hours for people who are not interested in parking in the Village parking deck when surface parking is not available. Since there are alternatives to the surface and street parking (free valet service, parking deck less than 1000' from the site) and the fact that the use will be marketed to people who will already be in the downtown area, it is reasonable to conclude that Commuter Express patrons will not create a parking deficiency for the site. PZ-23-05 Planning & Zoning Commission meeting July 28, 2005 Page 4 RECOMMENDATION The proposed gym meets the Conditional Use standards contained in Section 14.203.F.8 of the Zoning Ordinance. Based on these findings, Staff recommends that the Planning & Zoning Commission approve the following motion: "To approve a Conditional Use permit to allow a gym to operate, as detailed in the Petitioner's application, at 50 E. Northwest Highway, Case No. PZ-23-05, subject to the condition that the Commuter Fitness employees park in the municipal parking deck." The Village Board's decision is final for this case. I concur: ~Jl rector of Community Development IiI H:\PLAN\Planning & Zoning COMM\P&Z 2005\StaffMcmo\PZ-23-05 MEMO (50 E '!-.."'W HWY CU. Commuter FiUless G)1l1).doc COfvlMUTER FI ~. - ~~ . ~-- - - Business Proposal Table of Contents 1 2 3 4 5 6 7 8 9 Business Description Estimated Parking Burden Marketing Strategy Sample Flier Location & Demographics by Norwood Builders Detailed Site Plan by Norwood Builders Floor Plan by Norwood Builders Management Summary Commuter Fitness Layout & Floor Plan * Enclosed Application for Conditional Use Approval COMMUTER FITNESS Retail Health/Fitness Store & Exercise Center DOWNTOWN MOUNT PROSPECT For the Downtown Mount Prospect Northwest Highway property, I propose an upscale retail health/fitness store and exercise center to be named COMMUTER FITNESS. The retail outlet will feature health food, fitness bars, fitness drinks, and fitness clothing. The exercise center will feature an aerobic work out and strength training circuit. The retail and exercise center will be targeting Mount Prospect residents, the 300 plus new condominium residents, Northwest Highway drive by traffic, and the 3,000 plus daily commuters that want to spend their money in Mount Prospect to improve their health and appearance in a short period of time for a small amount of money. The value added to the community and it's residents is a retail and training center that offers better health and appearance at a reasonable price, in a short period of time, in a convenient location. COMMUTER FITNESS will fill a niche helping local sales of up scale condos and draw the attention of fast paced potential shoppers to the downtown Mount Prospect area. COMMUTER FITNESS Estimated Parking Burden The primary customers of the Fitness center will be the Northwestern commuters and the upscale condominium residents. Both groups require no additional parking. The commuters will either be dropped off or use the same parking that they would have used with or without a workout at Commuter Fitness. The condominium residents live within walking distance and also would require no additional parking. The only additional parking required would be Mount Prospect residents or drive by traffic. As for employees, they will park wherever is most convenient for the village You can't work for a fitness center and be afraid to walk a few blocks twice a day. Therefore the sum total of estimated parkin!:! burden for Commuter Fitness would be between one or two cars at one time. The rest ofthe customers will use their existing parking or walk to their fitness center. The estimated number of customers will vary from hour to hour, but in all cases for every 10 customers only one will require an additional parking space. At the same time, all ten new customers will provide ten additional potential customers to be shared with the local businesses. Ten new potential customers for one less parking space seems like a good deal for everyone involved. It is a good deal for the local businesses. It is also a good deal for Mount Prospect residents and commuters. Customers get to feel better, look better, and live longer and healthier, thanks in part to the location, convenience, and effectiveness of Mount Prospect's Commuter Fitness. COMMUTER FITNESS Marketing Strategy The initial, marketing strategy will focus primarily on the effectiveness of the fitness training circuit and the convenience of the times and location for the customers. The marketing message will be communicated via brochures and fliers given to the over 300 new condominium owners and over 3,000 Chicago & Northwestern commuters. Marketine: Messae:e The initial marketing message will be: Look Better, Feel Better, Live Longer, Work-out at Near-by, Convenient, Commuter Fitness Tare:et Customers Our target customers will include both male and female, aged 25 and up, that are looking for a work out opportunity that is within walking distance from their home or on the way to and from their daily commute. We anticipate minimal "drive by" and "drive to" traffic. Our primary customers will either live within walking distance or already be parked for their commute. Maior Selline: Points The convenience oftime and location will be strong selling points for potential members. The major selling point will be the cultural emphasis on physical fitness, the personal gains in better appearance, better health, and a better quality of life. COMMUTER FITNESS Look Better, Feel Better, Live Longer, NOW OPEN A new state of the art circuit training Fitness Center for Strength & Conditioning, conveniently, located across from the Mount Prospect Train Station. Open Monday thru Friday SAM to 9 PM (or when youfinish) Saturday & Sunday 8 AM to 7 PM (come in by 7,finish when yo u finish) Great work outs for better fitness and a better life. 111, t J ' n ,I 11 : 1:: F,-\\ 77.'3 77:) ,13::l n fiD Ii Ii ,I " n n ,I Location: Northeast C Orner of N orthwes t H i r))lNay and Rte. 83 (MaIn Street) MountProsf:Kt Illinois See Rever.e Sid. ior Dp.t6l1ed Ir:. ,'Iin · Three (3) story fetQiI and condominium building with 34 dwelling units and First Floor ret3il, · Located across from the Metra Commuter StJtion. · Carioou Coffee, TCF Bank & Obelweis DailY Tot~1 Retail GLA: 19,751 Square FE'€t Building Lot Village Hall Lot On Street Totnl Parking Provided 30 stJlls 74 swlls _ 29 stalls 133 stJ11 5 T r aff! c C ount5: ~Condominiums fldve dcdicJtE'Ci below grade FXJrking; all surface parking is considered public and subject to change without notj ce, · Route 83, Norm of Northwest Highway 16,500 V PD ('01) · Route 83, South of Northwest Highway 17,300 VPD ('01) · Northwest Highway, W~1 of Route 8314.400 V PD ('01) · Northwest Highway, East of R OIJtP R~ 1" nnn \/ Drl (' n1 \ 4~ n II :l .' Il III ~"';' - -" ,,---- lr 'j' "j'r' ~~ :.:.:,:..'~~. ,,' 't~ (: ~'~', .: t' a ';: .., ' ". . 1'h ~;;/~;::':~b:~-:~~:;;'~.~~ :,; .: -:;(:.: - <") CO ... fl) G.l ... (!) :3 '- 0 - ~ tI) - t:: ~ 0 (lJ tJ) cIJ l.. '- tll - E (f) ,5 w ~ 2 I f '" [ 'Sb"?s:~t,( ..p -'.. . ,', a' ~ ":" : .~, " : ';"::"; ~ ,,-t. ',"..,' .a~:.. ~Drvvr\J\0 ~L ~ v~~s INOR\tQQrY ;~:::;f.:. :c'.:': '::-, ~', :':..' .:;.: - '~:~;':"'.f :': ::'. .:,,>.. ~:( -...,:',:;' ~: ,;'.,: ;.::::;..::( . ...:>":.):...:t!J:.';.~',;:':r"~'~j. 3 77S'~540d"id i:s or .Rlw@liblwoo'dbililders. "Qtli<~ '~.~; .::i '; :' :f(l:~ ~~" ~:f~:.j'-;:~ .~::{t~:~\::'i,;~;. '~;,:,J~; .~::) :;~: :.~ ~!J.: ;;~~.{J-::: ~'~:;~~~~-~~~;(~: :/:':~g~'; ;: ;:~;~: :i::;'~; ~:~~;~ ':.~:i;:;~.:~;;;';~~.~ T I I I D /\ / /. I I I I ~ ~ 32'-10 1/2" I TENANT ~ I I TENANT g40 S.F. t t I 1547 S.F. N I I rI'> N I I b ';]" I I I I - - - t- - - - - - - - -fb--@ , I rl I ~ I rr ,~ 7'-10" RESIDENTIAL 1'-0" LOBBY ,6-10" 'I t ~ N 26'-5" TENANT I 2g34 SF <0 ~ N ~ - - - - - - - -.,,- ----@) 'r I ~I 27'-1 1/2" TENANT 100g 5.F. TENANT 10135.F. r I The Shops at Village Center o 5' 10' 20' I N 1!t) ~ 1 st Floor Plan 5 Scale 1/16" = 1'-{)" Management Summary Owner/Manager John W. Anderson Related work experience: 5 plus years of retail health & fitness sales experience for Bodyworks Fitness Clothing, Northwest Suburbs, Chicago, Illinois. 4 plus years of physical fitness Trainer & Assistant Manager for the Nautilus Fitness Club, Rolling Meadows, Illinois. Many years of employment with the Mt. Prospect Park District such as: · Dempster Center weight room · Coaching youth baseball · Supervising youth and adult sporting activities Semi-pro baseball player experience with: · Chicago Braun 3 years Semi-pro football player experience with: · Chicago Chargers 5 years · Dupage Eagles 3 years · Cook County Cardinals 1 year Education: Associate of Arts Degree, William Rainey Harper College, Major: Physical Education. I have lived in the Village of Mount Prospect for 44 years, and I am looking forward to becoming active in local community, and business activities. C2005 Kc!cK DESIGNS/fitnessdesiqner.com z () (':> -i ::z: ~ 1\\ '-.:., -\ ":t.. ..... t t:. ~ --...!... j :)> ~ n, Z. ~ ':r, ~ " 1\, ....J ;;: .... w Q: RESIDENTIAL LOBBY TENANT Or:flC.f II SiJ.PP1.Y PttJoro '1 IJ 4 tl-f} ti 0i '~~ tJfi tUtt i i i DDDD ~I~AA~ ~ ~ ~ !i: (:l w 15 w ~ ... ~ ") J"\ ~. ~ r- \) -;-. _'~~:~:~~CYBEX I JOHN BROZENEC P. 630.649.2775 F.866.895.1925 COMMUTER FITNESS SCALE. ScESCAlEIOATE. 06.14.20051 04.999 VILLAGE OF MOUNT PROSPECT Mount Prospeu COMMUNITY DEVELOP~NT DEP ART~NT - Planning Division 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847.818.5329 Application for Conditional Use Approval Z Case Number 0 P&Z - - ~ ~~ Development Name/Address =: I: O~ Date of Submission ~e ><~ >;1il Hearing Date Q ~ Address(es) (Street Number, Street) 50 West Northwest Highway. Loft and Shops Site Area (Acres) Property Zoning Total Building Sq. Ft. (Site) Retail Setbacks: Front Rear Side Side Z 0 ~ Building Height Lot Coverage (%) Number of Parking Spaces ~ 0 Adjacent Land Uses: ~ North South East West >;1il New Development Route 14 Jeweler Cleaners t:: Tax J.D. Number or County Assigned Pin Number(s) 00 ~ 20-1809658 ~ ~ 00 J-C >< >;1il Legal Description (attach additional sheets if necessary) Z Name Telephone (day) 0 John W Anderson (847) 259-0232 .... f-o. ~~ Corporation Telephone (evening) Commuter Fitness Inc. (224) 659-3361 ~.~ Street Address Fax ~o. 204 W Sunset Rd ~ 0' City State Zip Code Pager ~ Mt Prospect IL 60056 t.:) ~ U Interest in Property -< = Owner z o - ~ -< ~ ~ ~ ~ ~o ~~ ;;;.0.. o e llI::o.. cl ~ ~ = Z 91 r-o '" -<~ ~ 5 =: "Iii o~ ~ 0 ~~ Qc Z Q) ;;;J E 08- =:~ ~ 6 :::a::Q u, -< ~ Name Telephone (day) (773) 775-5400 Corporation Alpha Commercial Properties Telephone (evening) Street Address 7458 North Harlem Ave. City Chicago Fax: (773) 775-5330 State IL Zip Code 60631 Pager Developer Name Norwood Builders Address 7458 North Harlem Ave Chicago IL 60631 Fax Telephone (day) (773) 775-5400 Attorney Name Address Telephone (day) Fax Surveyor Name Harmony Home Improvements (773) 775-5330 Address 1508 Meadowsedge Fax Telephone (day) (847) 894-8361 (' arpenten'''ille It 60110 Celso V Chavez III (contractor) Engineer Name WT Engineering Inc. (Jeff St. Onge) (847) 836-9058 Address 39 E Scully Dr Schaumburg IL 60193 Fax Telephone (day) (847) 895-3540 Architect Name Wendling Designs (847) 895-9985 Address 7810 Green Valley Ct Darien IL 60561 Fax Telephone (day): (630) 985-3822 = Debra Wendling (Owner) Landscape Architect Name N/A Address Telephone (day): Fax Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois Phone 847.818.5328 Fax 847.818.5329 Proposed Conditional Use (as listed in the zoning district) Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Attached Standards for Conditional Use Approval (attach additional sheets if necessary) This business will take less then 5 additional parking spaces, a majority of customers will be condominium residents or commuters. Commuter fitness will provide retail sales of pre-packaged nutrition snacks for commuter traffic, residents and Q r.:l people working out at the facility. Commuter Fitness will provide a physical fitness center for residents and commuters that ~t Or.:l >;:J is convenient clean and professional. It will provide Mt. Prospect residents and commuters and opportunity to look and feel ~O <~ better, quickly and conveniently. ~oo ~Z ;:JO 00- E-< U < Hours of Operation Monday - Fridav 5am to 9pm Saturday - Sunday 8am to 7pm Address(es) (Street Number, Street) r.:lZ 50 West Northwest Highway f::O Site Area (Acres) Property Zoning Total Building Sq. Ft. (Site) Sq. Ft. Devoted to Proposed Use 00- Retail 2934 sq ft QE-< r.:l< Setbacks: ~~ ~O Front Rear Side Side Or.. ~Z ~- Building Height Lot Coverage (%) Number of Parking Spaces Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staffso that materials can be reviewed for accuracy and completeness at the time of submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative ofthe owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agents permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affIrm that all information provided herein and in all materials submitted in association with this application are true and accurate to the best of my knowledge. Applicant feL~ Date /; -/6-0-> Ifapplicant is not property owner: I hereby designate the applicant to act as my agent for the purpose of seeking the V ariation(s) described in this application and the associated supporting material. Property Owner Date Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois Phone 847.818.5328 Fax 847.818.5329 07:1:).:05 17:41 FAX 773 775 4330 ~1)(J2 The Shops at Village Centre, 2-90 East Northwest Hwy, Mount Prospect, IL 60056 :'~ ;:::::~.::st.~i:W~":f~,'Ji;r!~Uff.t~.j~~;,in;f~j;::::~.~~;t.'}t.!t;{,:'~~~l:;~~~'::~tq:~'.f.i:j~1'ij~il;~n";f~;,1~f;!id~f;ilf~~l~i l"f},~t~miBl' ',\~U;llilJ~j r~il~n,WjJiittr)fiP.plQ'~~~"~f1t:!!J,I;!l?,~,~~,~h1.f;1 "'. .. .",,,,,,.'M .,m.." .~ . ,..,,,,,""t,,,,,,,,,,.,,".,,, '."'.0.'",,),..,.I!,!:...,.I, ,\"""".,,,...,,~.,,,,J. ,,,1.,.,,'11 "0'" im~im n ~",m 2 Planet Wireless 961 2 East NW HWY 10 LePeep of Mount Prospect, Inc 3,200 120 15 10 East NW Hwy 20 TCF Bank 4,614 20 East NW Hwy 46 Unique Cleaners 958 46 East NW Hwv 60 European Jewelry & Repair, Inc. 900 60 East NW Hwy 66 The Pinnacle ;;It Village Centre LLC 1.459 66 East NW Hwy 70 Halo Hair 975 70 East NW Hwy 80 Oberweis Dairy, InG. 2,543 39 6 80 East NW Hwv 90 Caribou Coffee Co. 1,610 26 3 90 East NW HWV Vacant 2,934 Total 20,154 185 24 Shops at VC Info, Tenant Data S7-13-S5 16:42 RECEIVED FROM:773 775 433& P.&2 _~:Y!:'05 I}: 41 FAX 773 77L4.330 I4J O(J~i PARKING AGREEMENT THIS AGREEMENT is made and entered into this 15th day,of October, 2002, by and between the Village of Mount Prospect, all Illinois municipal corporation ("Village") and Village Lofts, L.L.C., an Illinois limited liability Company {"Lofts LLC"). WHEREAS, Lofts LLC is the developer of that certain real estate development within the Village styled as the "Shops & Lofts at Village Centre" commonly to be knolJl/n as 2-90 East Northwest Highway ("Shops & Lofts"); and WHEREAS, the Village OWliS a certain municipal parking lots and on-street parking spaces ("Surface Lots"); and WHEREAS! the Village is about to redevelop and build a municipal parking garage on Emerson Street between Busse Avenue and Central Road ("VIllage Garage~); and WHEREAS, the Surface Lots and the Village Garage (if and when built) all are located within 1,000 feet of Shops & Lofts; and WHEREAS, Lofts LLC or its affiliates has an option to develop the Village's VlIIage Hall property into a mixed use residential and retail/commercial development ("VIllage Hall Redevelopment"); and' WHEREAS, the parties agree and acknowledge that it is in the best interests of 1he parties to improve dDwntown parking facilities and provide for improved traffic flow in the downtown area; NOW, THEREFORE, in consIderation of the mutual covenants hereinafter set forth, it is agreed by and betNeen the parties as .follows: 1_ Lofts LLC shall lease from the Village, on an annual basis, monthly parking permits for the Surface Lots, up to a maximum of 40 such permits in aggregate at any given time. These permits shall be for the' use of the commercial and retail tenants of the Shops & LOft.':L If and when the Village Garage is made available for use by the public, these permits may be transferred to that location if approved in writing by the Village. If from time to time and at any time Lofts, LLC requires additional parking pursuant to the Village Code, Lofts LLC shall lease from the Village additional monthly parking permits on the same basis. 2. Lofts LLC will pay the rental fee established by the Village. All parking permits for the Surface Lots shall be monthly permits and shall be payable monthly in advance. The fee shall be $25 per permit per month for the first five (5) years after the effective date of this Agreement. provided that there shall never be a monthly fee of any kind for parking spaces on the block on which Shops & Lofts is located. To the extent that any of the permits are transferred to the Village Garage within the initial five (5) years' period, the same monthly fee shall apply for the unexpired portion of that period after the transfer date_ Parking permits will be available far purchase reasonably in advance of each year and shall be available to be purchased for the entire year or any portion of the year in full monthly increments). Payment for parking permits shall be made at the time of issuance; issuance shall not be unreasonably delayed- Lofts LLC shall have the right to rebill actual permit holders for their respective share of the actual parking fees as a condition of delivery of each such permit. 1 617-13-615 15:42 RECEIVED FROM:773 775 43361 P.613 Oi(13105 li:42 FAX in ii5 4330 l4J 004 3. Permit holders shall abide by 811 Village rules and regulations of general applicability for display of the permits and use of public parking facilities in the Village in effect from time to time. Lofts LLC shall not be respensible for compliance of such permit holders. 4. This Agreement shall remain in full force and effect for 1:3 periDd of five (5) years from and after its effective date. This Agreement shall be mutually renewable for successive periods of iive (5) years. Notwithstanding the foregoing, if Lofts LLC at any time acquires or provides, permanently through other means, 40 parking spaces (alone or in combination WIth additional spaces and/or uses) for exclusive use af its tenants within 1,000 feet of the Shops & Lofts, Lofts LLC Sl1311 have the right to terminate this Agreement effective as of the end of any calendar month on not less than 30 days' prior written notice. and the VHlage agrees to rebate and refund parking fees paid in advance for calendar months thereafter. 5. Lofts LLC shall have the right freely to assign its rights under this Agreement to the successor owner and assignee of the commercial and retail areas of the Shops & Lofts and to the successor owner and assignee of the commercial and retail areas of the Village Hall Redevelopment (to the extent applicable). Lofts LLC shall notify the Village of each such successor and assignee. UpDn each succession and assignment and the successors and assignee's agreement to abide by the agreements of Lofts LLC under this Agreement, Lofts LLC shall be released from this Agreement to the extent of each such succession and assignment. 6. If any provision of this Agreement is invalid, .iIlegal or unenforceable, that provision shall be severable from the rest of this Agreement and the validity, legality and enforceability of the remaining provisions will in no way be effected or impaired, IN WITNESS WHEREOF, the parties hav.e executed this Agreement on the day and year first written above. By: Norwood Construction, Inc,. an Illinois Cor oration, its Manager VILLAGE OF MOUNT PROSPECT, an Illinois municipal corporation , . . .r--) // / " /,/ / .. ~::r'- ;0 ~. /./~/; , ,.' / '?/':>~J"--~rkf- / Bf/ ;'~1,...?&/ :-::r. -;!L::2Yl..,l;''-'';r" I" . VILLAGE LOFfS, L.LC., an Illinois Limited liability company By: Bruce J~reani. President 2 IH-13-BS 15:43 RECEIVED FROM:773 775 433~ P.B4 August 2,1005 William J. Cooney, AICP Director of Community Development Village of Mount Prospect 100 S. Emerson Street Mount Prospect, IL. 60056 ~~. ~~ ~\l" \c6" Dear Mr. Cooney, The Planning & Zoning Commission recommended approval of. ommuter Fitness Inc by a 5-0 vote. Our case is scheduled to go before the Village Board for ordinances first reading on August 16,2005. I am requesting that the Village Board waive the second reading, tentatively scheduled for the second Village Board meeting, and take final action at the August 16, 2005 meeting. I would like to start work on the interior of Commuter Fitness Inc. as soon as possible. For a possible opening of November 1,2005. I appreciate your assistance in facilitating this request. Should you have any questions, feel free to contact me directly at (847) 259-0232. Sincerely, /} 1 1/:/ /' ( Ub1R<t1-t'n/ 7 John W. Anderson Commuter Fitness Inc. 204 W Sunset Rd. Mt. Prospect IL 60056 bh 08/11/08 jc 08/10/05 mla 08/08/05 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 50 EAST NORTHWEST HIGHWAY WHEREAS, John Anderson (hereinafter referred to as "Petitioner") has filed a petition for a Conditional Use permit with respect to property located at 50 East Northwest Highway, (hereinafter referred to as the "Subject Property") and legally described in Exhibit "A". WHEREAS, the Petitioner seeks a Conditional Use permit to develop a 2,934 square foot fitness facility; and WHEREAS, a Public Hearing was held on the request for a Conditional Use being the subject of PZ-23-05 before the Planning and Zoning Commission of the Village of Mount Prospect on the 28th day of July, 2005, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 13th day of July, 2005; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the President and Board of Trustees in support of the request being the subject of PZ- 23-05; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the same meets the standards of the Village and that the granting of the proposed Conditional Use permit would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ON E: The recitals set forth are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect do hereby grant to the petitioner a Conditional Use, as provided in Section 14.203.F.7 of the Village Code, to allow the development of a fitness facility, as shown on the Site Plan, a copy of which is attached hereto and hereby made a part hereof as Exhibit "B". As a condition of the Conditional Use permit all Commuter Fitness employees shall park in the municipal parking deck. SECTION THREE: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. E Page 2/2 PZBA 23-05, 50 E. Northwest Highway SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2005. Irvana K. Wilks Village President ATTEST: M. Lisa Angell Village Clerk HICLKOIfilesIWIN\ORDINANCIC USE 50 ENWHighway,commutergym,aug 2005.doc ex /)/- b /--r . /J 1/ ///1 EXHIBIT 1.20 LEGAL DESCRIPTION OF THE COMMERCIAL PARCEL PARCEL 1 {LOWER LEVEL COMMERCIAL STORAGE SPACE): THAT PART OF LOT 1 IN VILLAGE CENTRE PHASE I-B, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 12, . TOWNSIDP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 6, 2001 AS DOCUMENT NUMBER 0011155055, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1 THENCE SOUTH 88 DEGREES 41 MINUTES 43 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 1 A DISTANCE OF 1.28 FEET; THENCE SOUTH 01 DEGREES 18 MINUfES 17 SECONDS WEST, PERPENDICULAR TO THE LAST DESCRIBED LINE 15.10 FEET TO THE NORTHWESTERLY CORNER OF AN EXISTING BUILDING FOUNDATION; THENCE CLOCKWISE THE FOLLOWING COURSES AROUND THE BUILDING FOUNDATION. SOUTH 89 DEGREES 41 MINUTES 13 SECONDS EAST 21.95 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 19 SECONDS EAST 5.59 FEET; THENCE SOUTH 89 DEGREES 41 MINUTES 13 SECONDS EAST 18.95 FEET; THENCE SOUTH 00 DEGREES 19 MINUTES 19 SECONDS WEST 5.59 FEET; THENCE SOUTH 89 DEGREES 41 MINUTES 13 SECONDS EAST 6.99 FEET; THENCE SOUTH 00 DEGREES 12 MINUTES 29 SECONDS WEST 24~28 FEET; THENCE SOUTH 58 DEGREES 47 MlNUTES 34 SECONDS EAST 12.84 FEET; THENCE NORTH 32 DEGREES 07 MINUTES 25 SECONDS WEST 6.57 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 1 i SECONDS EAST 28.89 FEET; THENCE SOUTH 31 DEGREES 35 MINUTES 49 SECONDS WEST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MlNUTES 11 SECONDS EAST 24.68 FEET; THENCE NORTH 31 DEGREES 35 MINUTES 49 SECONDS EAST 0.33 FEET; THENCE SOUTH S8 DEGREES 24 MINUTES 11 SECONDS EAST 1.33 FEET; THENCE SOUTH 31 DEGREES 35 MINUTES 49 SECONDS WEST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 26.48 FEET; THENCE NORTH 31 DEGREES 35 MINUTES 49 SECONDS EAST 0_33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 0.50 FEET; THENCE NORTH 31 DEGREES 34 MINUTES 03 SECONDS EAST 13.29 FEET; THENCE NORTH 00 DEGREES 17 MINUTES 05 SECONDS WEST 36.83 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 47 SECONDS EAST 68.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 13 SECONDS EAST 0.33 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 47 SECONDS EAST 80.08 FEET; THENCE SOUTH 00 DEGREES 03 MINUTES 18 SECONDS WEST 26.28 FEET; THENCE NORTH 89 DEGREES 54 MINUTES 08 SECONDS WEST 80_05 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 13 SECONDS EAST 0.50 FEET; THENCE NORTH 89 DEGREES 54 MINUTES 08 SECONDS WEST 38.07 FEET; THENCE SOUTH 00 DEGREES 25 MINUTES 15 C:\Documents and Settings\RitaD\Local Settings\Temporary Internet Files\OLKl \LEGAL DESCRIPTION - RETAIL ONL Y.doc SECONDS EAST 11.94 FEET; THENCE SOUTH 31 DEGREES 58 MINUTES 13 SECONDS WEST 27.75 FEET~ THENCE SOUTH 24 DEGREES 26 MINUTES 28 SECONDS 'VEST 1.51 FEET TO THE INSIDE FACE OF SAID CONCRETE FOUNDATION, SAID POINT BEING THE POINT OF BEGINN1NG; TH.ENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST ALONG SAID INSIDE FACE 142.85 FEET; THENCE SOUTH 00 DEGREES 21 MINUTES 41 SECO~ruS WEST ALONG SAID INSIDE FACE 10.36 FEET; THENCE NORTH 58 DEGREES 24 MINUTES 11 SECONDS WEST ALONG SAID INSIDE FACE 148.23 FEET; THENCE NORTH 31 DEGREES 35 MINUTES 49 SECONDS EAST ALONG SAID INSIDE FACE 8.86 FEET, TO THE POINT OF BEGINNING, CONTAINS 1,289 SQUARE FEET, OR 0.029 ACRES, MORE OR LESS. THE BOTTOM PLAl\TE OF THE VERTICAL SPACE OF THE ABOVE DESCRIBED PARCEL 1 SHALL BE (BASED ON VILLAGE OF MOUNT PROSPECT TBM-582, ELEVATION 666.66 MEASURED, 666.52 FEET PUBLISHED), AN ELEVATION OF 646.87 FEET, AND THE TOP PLANE SHALL BE 669.50 FEET, ALL IN COOK COUNTY, ILLINOIS. PARCEL 2 (FIRST FLOOR AND EXTERIOR COMMERCIAL AREAS): LOT 1 IN VILLAGE CENTRE PHASE I-B, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 12, TO,\VNS1UP 41 NORTH, RANGE 11 EAST OF THE TIDRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 6, 2001 AS DOCUl\1ENT NUMBER 0011155055, EXCEPTING THEREFROM THE FOLLOWING DESCRIBED SUBPARCELS: Subparcel A (NW Stainvell, Corridor & Trash Room Areas): COMMENClNG AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 88 DEGREES 41 MINUTES 43 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 1 A DISTANCE OF 1.28 FEET; THENCE SOUTH 01 DEGREES 18 MINUTES 17 SECONDS WEST, PERPENDICULAR TO THE LAST DESCRIBED LlNE 15.10 FEET TO THE NORTHWESTERLY CORNER OF AN EXISTING BUILDING FOUNDATION. THENCE CLOCKWISE THE FOLLOWING COURSES AROUND THE BUILDING FOUNDATION: SOUTH 89 DEGREES 41, M1NUT:ES 13 SECONDS EAST 21.95 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 19 SECONDS EAST 5.59 FEET; THENCE SOUTH 89 DEGREES 41 MINUTES 13 SECONDS EAST 18.95 FEET; THENCE SOUTH 00 DEGREES 19 MINUTES 19 SECONDS WEST 5.59 FEET; THENCE SOUTH 89 DEGREES 41 MINUTES 13 SECONDS EAST 6,99 FEET; THENCE SOUTH 00 DEGREES 12 MINUTES 29 SECONDS WEST 24.28 FEET; THENCE SOUTH 58 DEGREES 47 MINUTES 34 SECONDS EAST 12.84 FEET; THENCE NORTH 32 DEGREES 07 MINUTES 25 SECONDS EAST 6.57 FEET; THENCE SOUTH 04 DEGREES 23 MINUTES 56 C:\Documents and Senings\RitaD\Local Settings\Temporary Internet Files\OLKl \LEGAL DESCRIPTION - RETAIL ONL Y.doc UUf"V!VV ..L' ...&..o ... r~..:a.. "u .._4- SECONDS EAST 1.89 FEET TO TFffi POlNT OF BEGINNING; THENCE SOUTH 58 DEGREES 33 MINUTES 3S SECONDS EAST 12.96 FEET; THENCE SOUTH 31 DEGREES 43 MINUTES 59 SECONDS WEST 31.59 FEET; THENCE SOUTH 58 DEGREES 10 MINUTES 02 SECONDS EAST 11.36 FEET; THENCE SOUTH 32 DEGREES 42 MINUTES 38 SECONDS WEST 8.87 FEET; THENCE NORTH 58 DEGREES 24 MINUTES 31 SECONDS WEST 22.89 FEET; THENCE NORTH 00 DEGREES 27 MINUTES 16 SECONDS EAST 2.94 FEET; THENCE NORrtl 31 DEGREES 29 MINUTES 12 SECONDS EAST 6.06 FEET; THENCE NORTH S8 DEGREES 30 MINUTES 47 SECONDS WEST 3.65 FEET; THENCE NORTH 00 DEGREES 27 MINUTBS 16 SECONDS EAST 3.76 FEET; THENCE NORTH 31 DEGREES 48 MINUTES 09 SECONDS EAST 22.50 FEET; THENCE SOUTH 58 DEGREES 11 MINUTES 50 SECONDS EAST 5.85 FEET; THENCE NORTH 31 DEGREES 40 MINUTES 23 SECONDS EAST 6.20 FEET TO THE POINT OF BEGINNING. Subparcel B (Elevator Lobby & Vestibule Areas): COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1 THENCE SOUTH 88 DEGREES 41 MINUTES 43 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 1 A DISTANCE OF 1.28 FEET; THENCE SOUTH 01 DEGREES 18 MIhTUTES 17 SECONDS WEST, PERPENDICULAR TO THE LAST DESCRIBED LINE 15.10 FEET TO THE NORTHWESTERLY CORNER OF AN EXISTING BUILDING FOUNDATION, SAID CORNER BEING THE POINT OF BEGINNING; THENCE CLOCKWISE THE FOLLOWING COURSES AROUND THE BUILDING FOUNDATION: SOUTH 89 DEGREES 41 MINUTES 13 SECONDS EAST 21.95 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 19 SECONDS EAST 5.59 FEET; THENCE SOUTH 89 DEGREES 41 MINUTES 13 SECONDS EAST 18.95 FEET; THENCE SOUTH 00 DEGREES 19 MINUfES 19 SECONDS .WEST 5.59 FEET; THENCE SOUTH 89 DEGREES 41 MINUTES 13 SECONDS EAST 6.99 FEET; THENCE SOUTH 00 DEGREES 12 MINUTES 29 SECONDS WEST 24.28 FEET; THENCE SOUTH 58 DEGREES 47 MINUTES 34 SECONDS EAST 12.84 FEET; THENCE NORTH 32 DEGREES 07 MINUTES 25 SECONDS EAST 6.57 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 2&.89 FEET; THENCE SOUTH 31 DEGREES 35 MmUTBS 49 SECO~"DS 'NEST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 24.68 FEET; THENCE NORTH 31 DEGREES 35 MINUTES 49 SECONDS EAST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES J.l SECONDS EAST 1.33 FEET; THENCE SOUTH 31 DEGREES 35 MINUTES 49 SECONDS WEST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 26.48 FEET; THENCE NORTH 31 DEGREES 35 MINUTES 49 SECONDS EAST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 26.93 FEET; THENCE SOUTH 32 DEGREES 10 MINUTES 54 SECONDS WEST 33.17 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 58 DEGREES 30 MINUTES 57 SECONDS EAST 10.05 FEET; THENCE SODTH 31 DEGREES 29 MINUTES 32 SECONDS WEST 11.36 FEET; THENCE SOUTH 58 DEGREES 19 MThTUTES 51 SECONDS EAST 9.34 FEET; THENCE SOUTH 31 DEGREES 54 C:\Documents and Settings\RitaD\Local Senings\Temporary Internet Files\OLKl\LEGAL DESCRlPTION - RETAIL ONLY.doc MINUTES 05 SECONDS WEST 11.88 FEET; THENCE SOUTH 58 DEGREES 26 MINUTES 03 SECONDS 7.14 FEET; THENCE SOUTH 31 DEGREES 33 MINUTES 57 SECONDS WEST 10.24 FEET; THENCE NORTH 58 DEGREES 25 MINUTES 19 SECONDS WEST 25.58 FEET; THENCE NORTH 31 DEGREES 44 MINUTES 18 SECONDS EAST 33.47 FEET, TO THE POINT OF BEGlNNlNG. Subparcel C (SE Stairwell & Corridor Areas): COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1 THENCE SOUTH 88 DEGREES 41 MINUTES 43 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 1 A DISTANCE OF 1.28 FEET; THENCE SOUTH 01 DEGREES 18 MINUfES 17 SECONDS WEST, PERPENDICULAR TO THE LAST DESCRIBED LINE 15.10 FEET TO THE NORTHWESTERLY CORNER OF AN EXISTING BUILDING FOUNDATION, SAID CORNER BEING THE POINT OF BEGINNING; THENCE CLOCKWISE THE FOLLOWING COURSES AROUl\TD THE BUILDING FOUNDATION: SOUTH 89 DEGREES 41 MINUTES 13 SECONDS EAST 21.95 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 19 SECONDS EAST 5.59 FEET; THENCE SOUTH 89 DEGREES 41 MINUTES 13 SECONDS EAST 18.95 FEET; THENCE SOUTH 00 DEGREES 19 MINUTES 19 SECONDS WEST 5.59 FEET; THENCE SOUTH 89 DEGREES 41 MINUTES 13 SECONDS EAST 6.99 FEET; THENCE SOUTH 00 DEGREES 12 MINUTES 29 SECONDS WEST 24.28 FEET; THENCE SOUTH 58 DEGREES 47 MINUTES 34 SECONDS EAST 12.84 FEET; THENCE NORTH 32 DEGREES 07 MINUTES 25 SECONDS EAST 6.57 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 28.89 FEET; THENCE SOUTH 31 DEGREES 35 MINUTES 49 SECONDS WEST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 24.68 FEET; THENCE NORTH 31 DEGREES 35 MINUTES 49 SECONDS EAST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 1.33 FEET; THENCE SOUTH 31 DEGREES 35 MINUTES 49 SECONDS WEST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 26.48 FEET; THENCE NORTH 31 DEGREES 35 MINUTES 49 SECONDS EAST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 26.93 FEET; THENCE SOUTH 31 DEGREES 35 MINUTES 49 SEC01\TDS WEST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 26.18 FEET; THENCE NORTH 31 DEGREES 35 MINUTES 49 SECONDS EAST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 1.33 FEET; THENCE SOUTH 31 DEGREES 35 MINUTES 49 SECONDS WEST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 32.04 FEET; THENCE SOUTH 31 DEGREES 35 MINUTES 49 SEC01\TDS WEST 1.16 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 58 DEGREES 24 MlNUTES 32 SECONDS EAST 5.31 FEET; THENCE SOUTH 31 DEGREES 36 MINUTES 49 SECONDS WEST 16.99 FEET; THENCE SOUTH 58 DEGREES 23 MINUTES 14 SECONDS EAST 4.50 FEET; THENCE SOUTH 31 DEGREES 36 MINUTES 49 SECONDS WEST 18.31 FEET; THENCE SOUTH 58 DEGREES 23 MIl\.TUTES 14 SECONDS EAST 4.31 FEET; THENCE SOUTH 31 DEGREES 36 MINUTES 49 SECONDS WEST 5.24 FEET; THENCE NORTH 58 DEGREES 23 C:\Docurnents and Settings\RitaD\Local Settings\Temporary Intemet Files\OLK1\LEGAL DESCRIPTION - RETAIL ONLY.doc .... -, - -' - - ... . . -.... .... .... ....... ........ .. ~ ...... ..... - -'--. MINUTES 14 SECONDS WEST 14.12 FEET; THENCE NORTH 31 DEGREES 36 MINUTES 49 SECONDS EAST 40.54 FEET. TO THE POINT OF BEGINNING. Subparcel D (NW Vent Area at Grade): COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1 THENCE SOUTH 88 DEGREES 41 MINUTES 43 SECONDS EAST ALONG THE NORTIi LINE OF SAID LOT 1 A DISTANCE OF 1.28 FEET: THENCE SOUTH 01 DEGREES 18 MINUTES 17 SECONDS WEST, PERPENDICULAR TO THE LAST DESCRJBED LINE 15.10 FEET TO THE NORTHWESTERLY CORNER OF AN EXISTING BUILDING FOUNDATION; THENCE CLOCKWISE THE FOLLOWING COURSES AROUND THE BUILDING FOUNDATION, SOUTH 89 DEGREES 41 MINUTES 13 SECONDS EAST 21.95 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 19 MINUTES 19 SECONDS EAST 5.59 FEET~ THENCE soum 89 DEGREES 41 MINUTES 13 SECONDS EAST 18.95 FEET; THENCE SOUTH 00 DEGREES 19 MINUTES 19 SECONDS WEST 5.59 FEET; THENCE NORTH 89 DEGREES 41 MINUTES 13 SECONDS WEST 18.95 FEET TO THE POINT OF BEGI1\'NING. Subpa.l"cel E (SE Vent Area at Grade): COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1 THENCE SOUTH 88 DEGREES 41 MINUTES 43 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 1 A DISTANCE OF 1.28 FEET; THENCE SOUTH 01 DEGREES 18 MINUTES 17 SECONDS WEST, PERPENDICULAR TO THE LAST DESCRIBED Lll'-TE 15.10 FEET TO THE NORTHWESTERLY CORNER OF AN EXISTING BUILDING FOUNDATION; THENCE CLOCKWlSE THE FOLLOWING COURSES AROUND THE BUILDlliG FOUNDATION, SOUTH 89 DEGREES 41 MINUTES 13 SECONDS EAST 47.89 FEET; THENCE SOUTH 00 DEGREES 12 MINUTES 29 SECONDS WEST 24.28 FEET; THENCE SOUTH S8 DEGREES 47 MINUTES 34 SECONDS EAST 12.84 FEET; THENCE NORTH 32 DEGREES 07 MINUTES 25 SECONDS WEST 6.57 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 28.89 FEET; THENCE SOUTH 31 DEGREES 35 MINUTES 49 SECONDS WEST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 24.68 FEET; THENCE NORTH 31 DEGREES 3S MINUTES 49 SECONDS EAST 0.33 FEET: THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 1.33 FEET; THENCE SOUTH 31 DEGREES 35 MINUTES 49 SECONDS WEST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MlNUTES 11 SECONDS EAST 26.48 FEET; THENCE NORTH 31 DEGREES 35 MINUTES 49 SECONDS EAST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 26.93 FEET; THENCE SOUTH 31 DEGREES 35 MINUTES 49 SECONDS WEST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 26.18 FEET; THENCE NORTH 31 DEGREES 3S MINUTES 49 SECONDS EAST 0.33 FEET; THENCE SOUTH S8 DEGREES 24 MINUTES 11 SECONDS EAST 1.33 FEET; THENCE SOUTH 31 DEGREES 35 MINUTES 49 SECONDS WEST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 C:\Docmnents and Settings\RitaD\Loca1 Senings\Temporary Internet Files\OLKl \LEGAL DESCRIPTION - RETAIL ONL Y.doc SECONDS EAST 39.38 FEET; THENCE NORTH 31 DEGREES 35 Ml1\1UTES 49 SECONDS EAST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECOhTJ)S EAST 26.28 FEET; THENCE SOUTH 31 DEGREES 35 MINUTES 49 SECONDS \\TEST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 50.04 FEET; THENCE SOUTH 00 DEGREES 21 MINUTES 41 SECONDS WEST 42.52 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 32 DEGREES 10 MINUTES 58 SECONDS WEST 20.75 FEET; THENCE SOUTH 14 DEGREES 44 l\1INUTES 01 SECONDS EAST 6.75 FEET~ THENCE NORTH 32 DEGREES 12 MINUTES 17 SECONDS EAST 17.41 FEET; THENCE NORTH 00 DEGREES 21 MINUTES 41 SECONDS EAST 9.36 FEET TO THE POINT OF BEGINNING Subp9.rcel F (Ramp/Tunnel wI BottomITop Planes for Underground Area): COMMENClNG AT THE NORTHWEST CORNER OF SAID LOT 1 THENCE SOUTH 88 DEGREES 41 MINUTES 43 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 1 A DISTANCE OF 1.28 FEET; THENCE SOUTH 01 DEGREES 18 MINUTES 17 SECONDS WEST, PERPENDICULAR TO THE LAST DESCRIBED LINE 15.10 FEET TO THE NORTHWESTERLY CORNER OF AN EXISTING BUILDING FOUNDATION; THENCE CLOCKWISE THE FOLLOWING COURSES AROUND THE BUILDING FOUNDATION, SOUTH 89 DEGREES 41 MINUTES 13 SECONDS EAST 21.95 FEeT; THENCE NORTH 00 DEGREES 19 MINUTES 19 SECONDS EAST 5.59 FEET; THENCE SOUTH 89 DEGREES 41 MINUTES 13 SECONDS EAST 18.95 FEET~ THENCE SOUTH 00 DEGREES 19 MINlJTES 19 SECONDS WEST 5.59 FEET; TIlENCE SOUTH 89 DEGREES 41 MINUTES 13 SECONDS EAST 6.99 FEET; THENCE SOUTH 00 DEGREES 12 MINUTES 29 SECONDS WEST 24.28 FEET; THENCE SOUTH S8 DEGREES 47 MINUTES 34 SECONDS EAST 12.84 FEET; THENCE NORTH 32 DEGREES 07 MlNUTES 25 SECONDS WEST 6.57 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 28.89 FEET; THENCE SOUTH 31 DEGREES 35 MINUTES 49 SECONDS WEST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 24.68 FEET; THENCE NORTH 31 DEGREES 3S MINUTES 49 SECONDS EAST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 1.33 FEET; TIiENCE SOUTH 31 DEGREES 35 MINUTES 49 SECONDS \VEST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 26A8 FEET; THENCE NORTH 31 DEGREES 35 MlNUTES 49 SECONDS EAST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MIJ\TUTES 11 SECONDS EAST 0.50 FEET TO THE POINT OF BEGINNING; THENCE NORTH 31 DEGREES 34 MINUTES 03 SECONDS EAST 13.29 FEET; THENCE NORTH 00 DEGREES 17 MINUTES 05 SECONDS WEST 36.83 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 47 SECONDS EAST 68.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 13 SECONDS EAST 0.33 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 47 SECONDS EAST 80.08 FEET; THENCE SOUTH 00 DEGREES 03 MINUTES 18 SECONDS WEST 26.28 FEET; THENCE NORTH 89 DEGREES 54 MINUTES 08 SECONDS WEST 80.05 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 13 SECONDS EAST 0.50 FEET; THENCE NORTH 89 C:\Docrnnents and Settings\RitaD\Local Senings\Temporary Internet Files\OLKl\LEGAL DESCRIPTION - RETAIL ONLY.doc -.. ~ DEGREES S4 MINUTES 08 SECONDS WEST 38.07 FEET; THENCE SOUTH 00 DEGREES 25 MINUTES 15 SECONDS EAST 11.94 FEET; THENCE SOUTH 31 DEGREES 58 MINUTES 13 SECONDS WEST 27.75 FEET; THENCE NORTH 58 DEGREES 24 MINlITES 11 SECONDS WEST 25.94 FEET, TO THE POINT OF BEGINNING. THE BOTTOM PLANE OF THE VERTICAL SPACE OF THE ABOVE DESCRIBED PARCEL 2 AND SUBPARCELS A THROUGH AND INCLUDING E SHALL BE (BASED ON VILLAGE OF MOUNT PROSPECT TBM-582, ELEV ATlON 666.66 MEASURED, 666.52 FEET PUBLISHED), AN ELEVATION OF 669.50 FEET, AND THE TOP PLANE SHALL BE 685.50 FEET, THE BOTTOM PLANE OF THE VERTICAL SPACE OF THE ABOVE DESCRlBED SUBPARCEL F SHALL BE (BASED ON VILLAGE OF MOUNf PROSPECT TBM- 582, ELEVATION 666.66 MEASURED, 666.52 FEET PUBLISHED), AN ELEVATION OF 646.87 FEET, AND THE TOP PLANE, WHICH SHALL BEGIN 81.5 FEET WEST OF THE EAST LINE OF SAID LOT 1, SHALL BE 669.50 FEET, CONTAINS 23,469 SQUARE FEET, OR 0.539 ACRES, MORE OR LESS, ALL IN COOK COUNTY, ILLINOIS. PROPERTY INDEX NUMBER: 08-12-042-1032/1031/1011/1021/1001/1034/1033 C:\Documents and Scttings\RltaD\Local Settings\Temporary Internet Files\OLKl \LEGAL DESCRIPTION - RETAIL ONL Y .doc Village of Mount Prospect Community Development Department Mount Prospect MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER l>~. ~~I ~ el'&. 0 FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: AUGUST 12, 2005 SUBJECT: PZ-25-05 - TEXT AMENDMENT (SIGN CODE) VILLAGE OF MOUNT PROSPECT - APPLICANT The Planning & Zoning Commission transmits their recommendation to approve Case PZ-25-05, a request to amend the Sign Code to allow sidewalk signs in the B5 and B5C zoning districts, and to permit the use of projecting signs in the expanded "Special Area of Control" in combination with a wall sign, as described in detail in the attached staff report. The Planning & Zoning Commission heard the request at their July 28, 2005 meeting. The two text amendments are applicable to the B5 and B5C zoning districts only. The amendment regarding sidewalk signs would add sidewalk signs as another type of Special Sign and would allow one sidewalk sign per business. The other amendment would amend Exhibit 1 which identifies the Special Area of Control to expand the Special Area of Control. The proposed change would allow all businesses within the Special Area of Control to have a projecting sign in combination with a smaller wall sign. The Planning & Zoning Commission discussed their approval of the use of sidewalk signs in the downtown area, but stated concerns regarding projecting signs. The Commission's major concerns regarding projecting signs were related to the aesthetics of the signs and how the projecting sign might adversely impact the appearance of the downtown district. They decided to approve the use of projecting signs downtown with the condition that the signs obtain conditional use approval prior to applying for a sign permit. The Planning & Zoning Commission voted 5-0 to recommend that the Village Board approve the text amendment requests for changes to the downtown sign regulations for the B5 and B5C districts, Case No. PZ-25- 05, subject to the following conditions/modifications: "That conditional use approval is required for all projecting signs (regardless ofthe zoning district)." Please forward this memorandum and attachments to the Village Board for their review and consideration at their August 16, 2005 meeting. Staff will be present to answer any questions related to this matter. H:\PLAN\Planning & Zoning COMM\P&Z 2005'u'\1EJ Mcmos\PZ-25-0S MEJ MEMO (text amend - sign code).doc MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-25-05 Hearing Date: July 28, 2005 PETITIONERS: Village of Mount Prospect PUBLICATION DATE: July 13, 2005 REQUEST: REVIEW OF SIGN TEXT AMENDMENTS TO THE VILLAGE CODE MEMBERS PRESENT: Chair Arlene Juracek Joseph Donnelly Marlys Haaland Ronald Roberts Richard Rogers MEMBERS ABSENT: Leo Floros Keith Youngquist ST AFF MEMBERS PRESENT: Clare Sloan, Neighborhood Planner Jason Zawila, Long Range Planner Elizabeth Schuh, Planning Intern Christina Park, Planning Intern Ellen Divita, Deputy Director, Community Development INTERESTED PARTIES: Jim Uszler, Mount Prospect Chamber of Commerce Tom Zander, Downtown Mount Prospect Merchants Association and Picket Fence Realty Rita Dauphinee, Norwood Development/Alpha Properties Chairperson Arlene Juracek called the meeting to order at 7:30 p.m. Richard Rogers moved to approve the minutes of the June 23, 2005 meeting and Joseph Donnelly seconded the motion. The motion was approved 5-0. At 9:22 p.m. Ms. Juracek introduced Case No. PZ-26-05 a request for text amendments to the Village Sign Code. She said that this case would be Village Board Final. Christina Park, Planning Intern, reviewed the Staff Memo on behalf of the Village. Ms. Park said that this case is regarding proposed changes to the downtown sign regulations. This case evolved from a request by the Chamber of Commerce and the Downtown Merchants Association that the Village permit downtown businesses the use of sidewalk signs. Staff took a comprehensive look at downtown signage and determined that downtown businesses have less signage opportunity than businesses in other commercial districts. Staff then took this issue to the Committee of the Whole Meeting on June 14, 2005 where three items were put up for consideration: directional kiosks, sidewalk signs, and projecting signs. The Village Board was supportive of all three items and directed Staff to draft the necessary text amendments and bring it to the Planning and Zoning Commission. Ms. Park said that the first issue, the use of directional kiosks downtown, does not require any changes to the current Sign Code. She said that directional kiosks would be permitted as "notice boards" under the sign code. Directional kiosks would be used to identify downtown businesses and upcoming Village events and would be located at the train station and other downtown sites. The Village currently has a Downtown Signage Program that was adopted in 2003 by the Village Board. This document includes examples of "Village Kiosks" and PZ-25-05 Planning & Zoning Commission meeting July 28, 2005 Page 2 proposes locations for their placement. Staff also took a look at examples of directional kiosks in other nearby communities, including Glenview, which uses these types of sign at The Glen. The other changes that Staff is proposing both require text amendments. These changes include 1) permitting all businesses in the downtown the use of sidewalk signs, 2) expanding the geographic area denoted in the ordinace as the "Special Area of Control" to permit projecting signs in a greater area and 3) permitting the use of projecting signs in combination with smaller wall signs. Staff performed extensive research on the use of sidewalk signs in the communities surrounding the Village. Few communities allow sidewalk signs, although several permit them downtown. Most municipalities do not have any specific regulations regarding these types of signs and many look the other way when businesses use them. Staff also found that the Village Plans, including the Comprehensive Plan and the Downtown TIF Plan, support the use of special signage as a way to create Village identity and promote downtown businesses. The text amendment that Staff is proposing has provisions that would regulate the use of sidewalk signs in a number of ways. First, only one (1) sign would be permitted per business and they would be limited in size to four (4) feet in height with a maximum of two (2) sign faces, six (6) square feet each. Sidewalk signs would be permitted in the B5 and B5C zoning districts and must be placed a maximum of one (1) foot from the building to ensure they are geared towards pedestrians. These signs would be permitted during business hours only and would be prohibited during times of snow, high winds, or when the signs would impede the movement of pedestrians. Permitting and Insurance was another issue. Staff is recommending that a permit only be required when the sign is placed on public property at which time a business would need to provide the Village with proof of all necessary insurance. The second text amendment would change Exhibit 1 of the Sign Code thereby expanding the "Special Area of Control." This change would expand the use of projecting signs to all areas zoned B5 and B5C. The amendment would also permit businesses the use of a combination of projecting signs and wall signs, provided that the wall sign does note exceed 25 percent, instead of 50 percent, of the signable area. The intention of this change is to increase visibility for downtown businesses. Staff also looked at examples of this combination of signs in surrounding communities such as Glenview. Ms. Park then briefly summarized the proposed changes and said that Staff recommends the Planning and Zoning Commission approve the text amendments as written as they meet the standards outlined in the Zoning Ordinance. This case is Village Board final. Ronald Roberts asked whether Staffs recommendations would permit the projecting and sidewalk signs to be illuminated. Ms. Park responded that illumination of sidewalk signs would not be permitted, but illumination of projecting signs in already permitted. Mr. Roberts then asked if in Glenview, where examples during the presentation were shown, exceptions are made for The Glen that allow businesses to use these types of signs. Ms. Park stated that the Village of Glenview works with management at The Glen and may make certain exceptions for this development. Richard Rogers asked how the Village plans on policing signs in the downtown area. Ms. Park explained that the Community Development Department has an employee in charge of sign enforcement who polices the Village, especially the community's main corridors. He would be in charge of enforcing any new sign regulations. Arlene Juracek asked about the maximum width of the projecting signs at four (4) feet. She noted that it seemed large and asked about the size of the current projecting signs downtown. Ms. Park estimated that the local projecting sign examples shown are all four (4) feet in width. She also explained that in areas where the frontage may be narrower, the code states that the sign can only project to within 2 feet of the curb line. PZ-25-05 Planning & Zoning Commission meeting July 28, 2005 Page 3 Mr. Roberts again asked about illumination in regards to projecting signs. Ms. Divita clarified that what Staff is proposing is only that the area permitted to use projecting signs downtown be expanded and that projecting signs be permitted in combination with smaller wall signs. Staff is not recommending that changes to the projecting sign regulations be made. Joseph Donnelly voiced concerns that every business downtown would install a projecting sign if the amendment is approved and that in certain areas, such as along Northwest Highway, the street will look very busy. Ms. Divita responded that these types of signs do create a certain character in a downtown district and that combination of projecting and wall signs would decrease wall signage downtown. She also noted that projecting signs are most often placed higher on buildings, where they appear much smaller, and that they are especially helpful for pedestrians trying to identify businesses. Mr. Roberts said he was concerned that if all of the businesses use projecting signs it will alter the new streetscape downtown. Ms. Juracek noted that other municipalities have appearance standards for signs and expressed her feeling that the Commission would be more comfortable if the Village had similar standards in place. The Commission discussed various ways that projecting signs could be aesthetically regulated and ways the signs could be made more uniform. Mr. Rogers said that they also had to be conscious of the fact that some major roads run through the downtown and they have to keep automobile safety in mind. Mr. Roberts said that he had additional concerns regarding sidewalk signs and how they will affect the appearance of downtown. Ms. Divita once again noted that Staff was only proposing the expansion of the area permitted to use projecting signs and that they be permitted in combination with smaller wall signs. Ms. Park noted that some of the areas the Commission was concerned about are already permitted to use projecting signs, but are choosing not to. Tom Zander, with Picket Fence Realty, was sworn in. Mr. Zander spoke briefly about efforts being made by the Chamber of Commerce, the Downtown Merchants Association, and the Village to promote the downtown. He noted that the groups are working to try and create a more pedestrian friendly downtown and that the merchants support Staff's recommendations regarding changes to downtown signage. Jim Uzler, Executive Director of the Mount Prospect Chamber of Commerce, was sworn in. He said that he agreed with Mr. Zander's remarks and noted that the merchants are trying to make the downtown better for pedestrians. He also said that the merchants want to be able to use tasteful signs to help them survive in the midst of downtown redevelopment. Rita Dauphinee, a member of the Downtown Merchants Association, was sworn in. She said that she spoke with Michael Martin, the owner of Le Peep Restaurant, and that he told her that when he was told by the Village to remove his sidewalk sign he saw an immediate decrease in daily sales, though business has since improved. Ms. Juracek verified with Staff the details of their recommendation. Mr. Rogers said that his concerns are only with projecting sign, not sidewalk signs. He said he wants some kind of appearance board or uniformity among the signs. Ms. Juracek asked if provisions could be added to the projecting sign regulations regarding construction and maintenance. Ms. Park responded that these types of regulations already exist in the sign code that apply to all signs. Ms. Juracek asked if Staff felt they had the power to remove signs they deemed "gaudy" or "inappropriate." Ms. Divita said she would like to defer to the Village Attorney for that question. She said that she had considered the idea of making projecting signs a conditional use. She clarified with the commission if they wanted to see conditional use review on all projecting signs or in cases where projecting signs were being used in combination with wall signs. The Commission expressed consensus for the former: conditional use review for all projecting signs. PZ-25-05 Planning & Zoning Commission meeting July 28, 2005 Page 4 The Commission discussed how to vote on the issues. Ms. Park clarified that only the text amendments regarding sidewalk signs and projecting signs need to be voted on. The directional kiosk issue was for informational purposes only. Ms. Juracek asked if there were any questions from the audience. There were none and the Public Hearing was closed. Richard Rogers made a motion to recommend that the Village Board approve the amendments as written with the caveat that all projecting signs be made a conditional use. Ronald Roberts seconded the motion. Chairman Juracek closed the hearing at 10:01 p.m. UPON ROLL CALL: AYES: Donnelly, Halland, Roberts, Rogers, and Juracek NAYS: None Motion was approved 5-0. At 10:03 p.m. Joseph Donnelly made motion to adjourn, seconded by Richard Rogers. The motion was approved by a voice vote and the meeting was adjourned. Christina Park Planning Intern MEMORANDUM Village of Mount Prospect Community Development Department TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION ARLENEJURACEK,CHAIRPERSON FROM: CHRISTINA PARK DATE: JULY 21, 2005 HEARING DATE: JULY 28, 2005 SUBJECT: PZ-25-05: TEXT AMENDMENTS (DOWNTOWN SIGN REGULATIONS) VILLAGE OF MOUNT PROSPECT A public hearing has been scheduled for the July 28, 2005 Planning & Zoning Commission meeting to review the application by the Village of Mount Prospect (the "Petitioner") regarding proposed amendments to Chapter 7 of the Village's Code, concerning sign regulations for the B5 and B5C zoning districts (Sections 7.205, 7.325, and 7.335). The P&Z hearing was properly noticed in the July 13,2005 edition of the Journal Topics Newspaper. BACKGROUND The Downtown Merchants Association and the Chamber of Commerce have requested that the Village allow downtown businesses to use freestanding sidewalk signs. Recognizing that businesses in the B5 and B5C zoning classifications (downtown) do not always have the same opportunity for signageas businesses in other zoning classes, Staff felt it merited further research and therefore took a comprehensive look at downtown signage (see attached Committee of the Whole Summary Memo). The issue was discussed at the Committee of the Whole on June 14,2005 where the following three items were put up for consideration: 1. Use of pedestrian oriented sidewalk signs in the B5 and B5C zoning districts 2. Expanded use of projecting signs downtown 3. Kiosk signage at the train station The Village Board was supportive of all three items and directed Staff to perform further research and prepare the necessary text amendments before bringing it to the July P&Z (see attached meeting minutes). Staff is proposing two text amendments that would change sign regulations for all businesses in the B5 and B5C zoning districts. The amendments would permit downtown businesses to use sidewalk signs and projecting signs. Provisions already exist in the code that would permit the Village to install informational/directional kiosks at the train station and other downtown locations. SUMMARY OF PROPOSAL As noted previously, the proposed text amendments would affect two different sections of the Village Code: Section 7.325 - Special Signs and Section 7.335 - Special Area of Control. The Village Sign Code already has provisions that would permit the Village to install directional kiosks downtown (see Section 7.205.J below). PZ-25-05 Planning & Zoning Commission meeting July 28, 2005 Page 2 7.205 EXEMPT SIGNS J. Notice Boards: Notice boards for public or religions institutions or other uses as approved by the Director and primarily intended for pedestrians. Kiosks can be classified as notice boards as they would be installed by the Village and would benefit pedestrians downtown. In addition, the Village already has a plan in place that illustrates example kiosks. The Downtown Signage Program, which was adopted in 2003 by the Village Board, includes designs for the downtown directional signs already in place as well as "Village Kiosks" that would identify downtown businesses and other Village events (see Exhibit 3). The Plan also indicates three potential locations for the placement of these kiosks (see Exhibit 4). To allow downtown businesses the use of sidewalk signs, Staffrecommends that Section 7.325 be amended to create a new section as follows: 7.325 SPECIAL SIGNS J. Sidewalk Signs The Director of Community Development is authorized to issue permits for the use of public property for sidewalk signs, subject to the following conditions: 1. Sidewalk Signs: Signs placed on sidewalks for the purpose of advertising businesses on property adjoining the building. 2. Permits: A Sidewalk Sign Permit shall be required prior to placing a sidewalk sign on public property. Sidewalk signs placed on private property do not require a permit. Permits issued hereunder shall be valid from January 1st or the date of the permit issuance, whichever is later, through December 31st ofthe same year (Refer to Appendix A for permit fees). Applicant must provide proof of insurance as specified below prior to issuance of a Sidewalk Sign Permit. The Village may suspend or revoke a Sidewalk Sign Permit or request the removal of a sidewalk sign placed on private property, to protect the public health, safety, and welfare. Where a sidewalk sign violates any provision of the Mount Prospect Village Code, the permittee shall immediately after notification correct such violation. 2. Number of Signs: Only one sidewalk sign shall be permitted per business establishment, except that public service signs (i.e., signs indicating the curb location of valet parking) may be permitted in addition to the one sign per business establishment. 3. Use of Signs: Sidewalk signs may only be displayed during business hours and must be removed at the close of each business day. Sidewalk signs may not be displayed during times of high winds, snow, or when sidewalks are congested and the placement of a sign may impede the movement of people. 4. Location: Sidewalk signs will only be permitted in the B5 (Central Commercial) and B5C (Core Central Commercial) zoning districts. The sign shall not unreasonably interfere with pedestrian or vehicular traffic or with access to parked vehicles, and shall not reduce the open portion of any sidewalk to less than five feet (5') in width. The sign shall be placed no more than one foot (1') from the wall of the building, unless the Director of Community Development approves another location due to other obstructions in the right of way. The PZ-25-05 Planning & Zoning Commission meeting July 28,2005 Page 3 sign shall not be attached or affixed to the sidewalk, parkway, poles or any other public facilities. Sight triangle regulations as defined in Section 7.801 must be met. A plat of surveyor a site plan shall be submitted with permit applications, indicating the location of the proposed sign. 5. Size: A sidewalk sign shall be a maximum of four (4) feet in height and the maximum sign area shall not exceed six (6) square feet per sign face. A maximum of two (2) sign faces are permitted. 6. Illumination & Attention-Getting Devices: Sidewalk signs shall not be illuminated. No attention-getting devices, such as balloons, shall be attached to a sidewalk sign 7. Aesthetics & Maintenance: Sidewalks signs shall be high in quality and professionally constructed of durable materials. Sidewalk Signs shall be properly maintained as provided for in Section 7.405. 8. Insurance: Sidewalk signs placed on private property are placed at the risk of the owner. The applicant for a Sidewalk Sign Permit, shall provide, at its sole cost and expense, and shall maintain in effect during the entire period of the permit, insurance in the following manner: a. The following insurance coverage: 1. Worker's Compensation Insurance in at least the required statutory limits; 2. Comprehensive General Liability Insurance, including owner's protective liability insurance and contractual liability insurance covering claims for personal injury and property damage with limits of at least one million ($1,000,000.00) dollars per occurrence, and one million ($1,000,000.00) dollars for any single injury; and 3. Prior to issuance of a Sidewalk Sign Permit, the applicant shall provide the Village with copies of the certificates of insurance for the required insurance naming the Village as an additional insured party. 4. The required insurance policies shall each provide that they shall not be changed or cancelled during the life of the Sidewalk Sign Permit until 30 days after written notice of such change has been delivered to the Village, attention: Director of Community Development. 5. The permittee shall agree to hold harmless, indemnify, and defend the Village from and against any and all injuries, deaths, losses, damages, claims, suits, liabilities, judgments, costs and expenses, consequential or otherwise, including reasonable attorneys' fees, which may in any way arise out of or be connected with the granting of a Sidewalk Sign Permit, or in any way result therefrom or from any act or failure to act by the permittee, its agents or employees. To allow all of the businesses in the B5 and B5C zoning districts the use of projecting signs, Staff recommends that Exhibit 1- Special Area of Control of Section 7.335 be changed. Exhibit 1 depicts the current area allowed to use projecting signs. The area is roughly bounded by Central Road, School Street, and Prospect Avenue. Exhibit PZ-2S-0S Planning & Zoning Commission meeting July 28, 200S Page 4 2 shows the amended map, where the boundary has been expanded to include all downtown businesses in the BS and BSC zoning districts. In addition, Staff is recommending that businesses within the "Special Area of Control" be permitted the use of projecting signs in combination with smaller wall signs. Staff recommends that Section 7.33S - Special Area of Control be changed to the following: 7.33S SPECIAL AREA OF CONTROL The Village Board may designate geographic areas within the Village as a "special area of control" for purposes of these regulations. A special area of control is an area in which special standards are drafted in order to incorporate a wider variety of sign design. A. The Director shall prepare a map showing all designated areas of special control (see Exhibit 1). B. Areas of special control shall permit the following: 1. Projecting Signs a. Number: One (1) projecting sign shall be permitted per business establishment. A projecting sign and a wall sign may be placed on the same wall provided that the projecting sign complies with Section 7.30S.C.2 through 7.30S.C.S and the area of the wall sign does not exceed twenty-five percent (2S%) of the signable wall area (as defined in Section 7.801). b. Location: Projecting signs permitted under these regulations may extend over the public right-of- way four feet (4') or to within two feet (2') of the curb line, whichever is less (see subsection 7.305.C). 2. Canopies or Awnings a. Location: Canopies or awnings permitted under these regulations may extend over the public right-of-way the lesser of five feet (S') or to within two feet (2') of the curb line; provided no supporting posts, columns, or braces extend beyond the property line. STANDARDS FOR TEXT AMENDMENTS Section 14.203.D.8.b lists standards for the P&Z to consider for text amendments to the Zoning Code. The standards relate to: · The general applicability of the amendment to the community, rather than an individual parcel; · The degree to which the amendment would create non-conformity; · The degree to which the amendment would make the Zoning Code more permissive; · Consistency of the amendment with objectives of the Zoning Code and Comprehensive Plan; and · Consistency of the amendment with Village policy as established by previous rulings. The proposal to amend the Village's downtown signage regulations would be applicable to the downtown area because there are physical site constraints that limit opportunities for signage. Many buildings in the BS and BSC zoning districts are built very close to the property line, which does not allow for a freestanding sign. In addition, the buildings are positioned parallel to the street, which limits their visibility. PZ-25-05 Planning & Zoning Commission meeting July 28, 2005 Page 5 The proposed text amendments would make the sign regulations more permissible in only the downtown area. However, the proposed changes are a result of physical site limitations and the proposed regulations have been drafted to ensure new signage would not detract from the character of the downtown area. The amendments are also consistent with other Village Plans and would be consistent with the Village's previous signage requirements. The Downtown Signage Program includes examples of kiosk signage and the Comprehensive Plan and the Downtown TIP District Strategic Plan both support the use of special signage downtown. RECOMMENDATION The proposed text amendments meet the standards contained in Section 14.203.D.8.b of the Zoning Ordinance. Based on these findings, Staff recommends that the Planning & Zoning Commission make a recommendation to the Village Board to approve the text amendments as outlined above for case PZ-25-05. The Village Board's decision is final for this case. I concur: ~J~ 1 ~. William J. Cooney, AICP, lrector ofCommumty Development H:\PLAN\Downtov.1I\Downtov.m Sigllagc\PZ-25-05 MEMO (text amCldmcnl. downtown signs).doc PZ-25-05 Planning & Zoning Commission meeting July 28,2005 Page 6 Exhibit 1 .. -=-....0'" '"'0.: D ~ ~ ~ ~ ~ .tJ'IS~ ....V& " .,. \ol .> .J i .. " o , ;1 .J .. <( r ~ .J ... .J o o I ~ .. v.i ~ '-"ElIt. 1lS:~N EXHIBIT I. SPECIAL AREA OF CONTROL N1' . . I , 100 -too "'u.... .......... OE~T"""T 0" ~MUWI""l' Oavl.LQPMtNT VILLAGE OF MOUNT PROSPECT L.IN'-OL.W ,.,r. CENTRAL BUSINESS DISTRICT PZ-25-05 Planning & Zoning Commission meeting July 28, 2005 Page 7 Exhibit 2 o 0.05 0.1 0.15 0.2 0.25 ~ I I I I I Miles "'r ----1 - PZ-25-05 Planning & Zoning Commission meeting July 28, 2005 Page 8 Exhibit 3 - Village Kiosks (from the Downtown Signage Program) \2.'x ~JP. '!>~t.1A(. ""-I!i~.J:.; , o?\lt.I<-~F ll~. ~lA:" !.,,)~ -i ~"'I- \...Mot! :;'l:Z,\, i: ! . . """!I&"M"")~"~' ." 'n 'M~)~.,~ -'i,,"~'~yltl!)i,&)!!lf'" I", i, (~~;',;,*~":"~.!:'.J!':;;~)!;2~(~~"m"i~,:',~~*r:'i';;f$"'=,''''','~,\ " . ..' <>(,)) 'h<;i(>,r'~ Y"U*)'~~"'>.( . . t ~ Vlt.~~ "'M" - ."t>I> 'A' ~;j:t~~~:~l$,ISM,~ F'~ltA:V. ~4.1"/1..GO"":V'''~\'~.Al'\O\J "\ZO'J?, ~"t.. ,o~:O!) XOl..I.l'l'" fl'20~pu.."f ~:.1o,\J~1!i !,12O$,JZA~ ~:;';l:ZAr/)( c.o:v.~.u.J\t.A:',O..) "'-fZ$i,i.p, :>!c,. Vlt.t.U,IS I<IM\< - -!>1t>I> '~' 'a"ro~ Front of Kiosk Back of Kiosk PZ-25-05 Planning & Zoning Commission meeting July 28, 2005 Page 9 Exhibit 4 - Village Kiosk Location Map (from the Downtown Signage Program) w. CENTRAL RO. '^ ~ ~ -,' 0 s;:: 1< w. BUSSE AY' ~ '^ i.ii = ~ 1< '^ ... ~ ;:l '^ '" E ~ +04 '^ ... ~ ;:l '^ '" i= ~ w. EVERGREEN IVE. . D\\2~C.IO\2'( "'\O~'" . D\\2~C.i\o\.lAL. e>L.AD~ ~\G,\J~ -?\~~A~e;. L.OC.Al\O~ f'L.A~ ~1 1>ID 1c?: i ~ ~e A(b AS ~ ~ .BUSSEAVl D* . CENTRAL RO. V> m ~ ,... '^ i; J;:; ;:l V> E = ~ ill '^ ~ ~ ,... ~ ~ Village of Mount Prospect Community Development Department Mount Prospect MEMORANDUM ~ TO: COMMITTEE OF THE WHOLE FROM: WILLIAM J. COONEY DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JUNE 10, 2005 SUBJECT: DOWNTOWN SIGN REGULATIONS The Downtown Merchants Association and the Chamber of Commerce have requested that the Village allow downtown businesses the use of freestanding sidewalk signs. Representatives from both organizations plan to attend the June 14th COW meeting and would be available to discuss with you the benefits of using sidewalk signs and their experiences with them. Recognizing that businesses in the B5 and B5C zoning classifications (downtown) do not always have the same opportunity for signage as businesses in other zoning classes, Staff felt the request merited research and consideration by the Village Board. Outlined here are several items for the Committee's consideration: 1. Use of pedestrian oriented sidewalk signs in the B5 and B5C zoning districts 2. Expanded use of projecting signs downtown 3. Kiosk signage at the Train Station Justification for Consideration Businesses located in the B5 and B5C districts have less opportunity for signage than is found elsewhere in the Village. Unlike commercial properties in an auto-oriented shopping center where buildings are set back from the road, downtown stores are close to the street and the development scale caters to pedestrians. In downtown Mount Prospect, there is not always room for a freestanding ground sign as the code requires placement of these to be at least 5 feet from the property line. Wall signs are allowed downtown but such signage is not always visible from a traveling car or by a pedestrian standing directly underneath the sign. Hanging perpendicular signs, which could help remedy the situation, are allowed downtown, but only in a small area (Village Code 7.335: SPECIAL AREA OF CONTROL, Exhibit 1). Both the Village's Comprehensive Plan and the Downtown TIF District Strategic Plan support the use of special signage in the downtown district. Planning guidelines in both documents recognize that signage can help: . Provide a strong and positive Village image . Improve the character and appearance of the commercial environment . Emphasize the role of downtown as a vibrant social and visual focal point for the community . Create an attractive and comfortable downtown for pedestrians . Enhance identity and way-finding clarity Rather than focusing solely on the request for sidewalk signs, staff believes it would be prudent to take a more comprehensive look and to ensure the most effective downtown signage is available to our businesses. As noted above, this would include: 1) Expanding the area within which projecting signs may be used to include all B5 and B5 C zoned properties. (Exhibit 7 of this memorandum) 2) Construction of an information kiosk at the train station to be used to identify downtown businesses and upcoming events. The issue of permitting sidewalk signs in the B5 and B5C Districts is more complex than it may seem at first blush. First, few communities allow these signs so little knowledge exists in the Chicago area as to liability and effectiveness. Second, the request from the business community includes the caveat that sidewalk signs be permitted away from the building, which contradicts the planning philosophy that sidewalk signs communicate best with pedestrians. Staff presents to the Board the following research and considerations to be used in weighing the use of sidewalk signs. Planning Goals In considering any change to the current Sign Code, the purpose of sign control as outlined in the Sign Code (Exhibit 2) should be considered, as well as these planning goals: . Ensure pedestrian safety - Signs should not be so large to obstruct view of the sidewalk from a wheelchair, or allow a person to hide behind. Signs should be placed within 12 inches of the building; this will help identify the door of the establishment and limit risk of injury from someone entering a parked automobile at curbside. . Meet Federal ADA Requirements - The Federal ADA requirements state that a minimum of 36 inches clear is needed to accommodate 1 wheelchair passage and 60 inches for 2 wheelchairs to pass. Also, 60 inches is needed for 1 wheelchair to make a 180 degree turn. The maximum height for a service counter is 36 inches because 34 inches is approximately chest level for most wheelchair bound individuals. Dimensions of an adult wheel chair are 26 x 48 inches. . Create a pedestrian friendly atmosphere - Signs would assist business owners in appealing to the pedestrian and inviting them in to the store. Sidewalk signs are not effective in communicating to a person within a traveling automobile. . Limit liability - The Village should be indemnified from all liability from signs on public property; use of the signs on private property is at the risk of the property owner. · Maintain integrity of the downtown architecture and streetscape - Signs should be of a high quality, durable material, and must be professionally fabricated. Hand written messages would only be allowed on a chalkboard, such as to advertise a daily special. Only 1 sign would be allowed per door per building so as to avoid clutter. · Maintain a healthy business climate - Additional signage, used effectively, will assist business owners in growing their clientele. Research The attached table (Exhibit 3) summarizes research on the use of sidewalk signs. Staff researched sidewalk sign regulations in the communities surrounding the Village, calling each and reading their sign codes. Staff also contacted other communities in the Chicago area and out-of-state known to allow such signs, and studied various Village Plans and Ordinances to determine if the documents would support the use of sidewalk signs. The research identified several key findings: · Few municipalities in the area allow businesses to use sidewalk signs, although several do allow them as temporary signs. · Most communities do not have specific regulations for sidewalk signs in their ordinances. · Some communities in the metro area, such as Geneva, St. Charles, Naperville and Aurora do successfully allow businesses to use sidewalk signs in their downtown. · Slightly more than half ofthose ordinances allowing the signs require a permit. Sign Criteria Staff considered several components of sidewalk signs needing regulation to ensure pedestrian safety and meet the Planning Goals outlined above. These are outlined in exhibit 6 and include: 1. Placement Sidewalk signs would be allowed in the B5 and B5C Zoning Districts as these properties have less opportunity for signage. Only 1 sign should be allowed per street side door to eliminate clutter. The sight triangle and pedestrian clearance must be maintained. Signs should be placed adjacent to the building (not be more than 12 inches from the building) not curbside. At least 5 feet of unobstructed sidewalk must be maintained around each SIgn. Sidewalk signage can enhance a pedestrian oriented shopping district, but is ineffective for use in communicating to a moving vehicle: research shows at a speed of 35 mph or greater, letters on a sign would need to be 6 inches or higher to be legible (U.S. Department of the Interior). For safety reasons, Staff recommends a maximum size of2' x 3' sign. This would allow 3 lines of copy with a maximum of 8 characters on each. 2. Times of Use Signs are only to be displayed during business hours, and would not be allowed at times of high wind, snow events, or when they could be a hazard, as outlined in the sample ordinance. 3. Permitting Sign regulations will be applied to all sidewalk signs; however, permits will only be required for those on public property. 4. Aesthetics It is important that these signs be of high quality and be professionally constructed of durable material. The Village will reserve the right to deny the use of a sign not meeting these minimal design criteria or that is not properly maintained as provided for in Section 7.405. If the Village Board supports the use of sidewalk signage, please direct staff to take this topic for consideration by the Planning and Zoning Commission. Please also provide direction to Staff regarding 1) the expansion of projecting signs throughout the B5 and B5C Districts, and 2) construction of an information kiosk at the Metra Station. William J. Cooney Exhibit 1 7.335: SPECIAL AREA OF CONTROL: The Village Board may designate geographic areas within the Village as a "special area of control" for purposes of these regulations. A special area of control is an area in which special standards are drafted in order to incorporate a wider variety of sign design. A. The Director shall prepare a map showing all designated areas of special control. B. Areas of special control shall include the following: Central Business District: In the Central Business District Special Area of Control (Exhibit 1). Signs permitted under these regulations may extend over the public right of way as follows: Projecting Signs: Four feet (4') or to within two feet (2') of the curb line, whichever is less (see subsection 7.305C of this Article). Canopies Or Awnings: The lesser of five feet (5') or to within two feet (2') of the curb line; provided no supporting posts, columns, or braces extend beyond the property line. <'~.J "l- : .0... ~ <t ~ 'f' .~..."e: ",..V& -- ~ ~ ~ -' '" -' > ... "- > .( i ~ :z .. SPECIAL AREA OF CONTROL ~ " o . 101 ..l .. < s: I ~ ..l .. ..l II II I ~ .. E.vE-1Il "s:..~ ~. ;:. .-- Oi . Nt , D""~&U".Ll'" 0-' i I. D .200 "00 O.vt.LoftMI.MT EXHIBIT I. ",u.... ~.4 OE"A.lL..T"~NT all' c.oMMt.,lWIT'f VILLAGE OF MOUNT PROSPECT LI...."O....W ~'T. CENTRAL BUSINESS DISTRICT (Ord.4519,1-19-1993) Exhibit 2 From the Village Sign Code 7.101: PURPOSE: The regulations of this Chapter are intended to coordinate the use, placement, physical dimensions, and design of all signs within the Village. The purpose of these regulations is to promote the public health, safety and welfare, and develop a satisfactory visual appearance with the Village by: A. Promoting the objectives, principles and standards identified in the Comprehensive Plan for commercial and industrial development; and B. Protecting the public from damage or injury caused by signs which are poorly designed or maintained and from distractions or hazards to pedestrians or motorists caused by the indiscriminate placement or use of signs; and C. Maintaining property values by eliminating signs that are incompatible with the surrounding land uses; and D. Encouraging a viable economic environment through uniform control of signs; and E. Facilitating effective communication between the public and the environment through signs which are appropriate for the type of street on which they are located; and F. Encouraging quality sign design to promote a better visual environment; and G. Enhancing the physical appearance of the Village through a program which ensures the removal of inadequately maintained, illegal and nonconforming signs within a reasonable time period. (Ord. 4519,1-19-1993) Exhibit 3 A-Frames I Sandwich I Sidewalk Signs in Other Communities Municipality Name Permitted I Zoning Height Size Time Limitation Other Permit Insurance Reference Prohibited Arlington Heights Portable Signs Prohibited - - - - - - - Temporary Signs Permitted up to 32 sq ft cannot obstruct right-of- way or be a hazard to pedestrians Buffalo Grove "A" Frame Signs Prohibited - - - - - - - Des Plaines Portable Signs Prohibited - - - - - - - en Temporary Signs Permitted not permitted not greater only allowed as temp. cannot extend more than 4 Permit & Q) E in Res. than 64 sq. ft. signs up to 30 days then in. into public thoroughfare refundable $200 l: Districts not for 60 days - 4 per yr. deposit required ::::s E Elk Grove Portable Signs Prohibited E - - - - - - - 0 Village U Glenview - Prohibited - - - - - - - C) Hoffman Estates Portable Signs Prohibited l: - - - - - - - "0 Northbrook Portable Signs Prohibited - - - - - - - l: ::::s Temporary Signs Permitted not permitted up to 30 days per year Permit not 0 '- in Res. required ... ::::s Districts en Palatine Temporarf Signs Permitted up to 7 days then not for Permit required 14 days - 3 per yr. Prospect Heights Temporary Signs Permitted Permit required $25,000 bond from sign company I installer required Schaumburg A Frame Signs Prohibited - - - - - - - Wheeling A Frame Signs Prohibited - - - - - - - Aurora Sandwich Boards Permitted up to 4 ft up to 2 ft wide can only be displayed must not obstruct Permit not en en during business hours pedestrian I wheelchair required .- Q) access - must keep 5 ft of o .- clear sidewalk l::!:! .- l: Barrington Portable Signs Prohibited - - are permitted as - - == ::::s - - ... E (sandwich signs) (see "other") "Temporary Promotional ~E Signs" - short-term only .... 0 Ou Crystal Lake Portable Signs Prohibited - - - - - - - (menu or sandwich board signs) East Dundee Portable Signs Prohibited - - - - - - - Geneva Sandwich Boards Permitted only in Comm. up to 5 ft max 2 sign not closer to street than Permit required Districts faces - up to ROW line 10 sq ft per panel Portable Signs Prohibited - - - - - - - Lake Forest Temporary Signs Permitted - a-frames not written into must not obstruct sidewalk their code Naperville A-Framed Signs Permitted up to 5 ft up to 6 sq ft must be taken inside at cannot be placed in public Permit not night (2 am - 6 am) right-of-way required SI. Charles Sidewalk Signs Yearly one (1) permitted per Permit required Worker's Comp and Permitted req. business - must keep 5 ft Comprehensive on public of clear sidewalk General Liability property required West Dundee Daily Temporary Permitted only in Comm. 18 in x 36 in - must be taken inside Permit not Sign (sandwich Districts up to 9 sq ft. nightly required board) total - max 2 sign faces Woodstock' Sidewalk Signs Permitted Pedestrian- 3 to 4 ft up to 6 sq ft can only be displayed must keep 5 ft of clear Annual Permit Liability Insurance Oriented per sign face during business hours sidewalk - cannot be required required Businesses displayed during high only winds or snow , Note: Woodstock Ordinance is currently in draft form Gilbert, AZ. A-Frame Signs Permitted for up to 3 ft up to 2 ft in can only be displayed one (1) permitted per Permit not commercial width during business hours business or apartment required and downtown complex districts Renton, WA A-frame Signs Permitted not permitted up to 3 ft up to 32 in can only be displayed special placement Permit required Insurance required in Res. Disl. wide during business hours regulations for downtown businesses San Rafael, CA A-Frame Signs Permitted only in up to 3 ft up to 24 in can only be displayed must be placed adjacent to Permit required Insurance required downtown wide during business hours building & cannot obstruct pedestrian traffic A plat of surveyor a site plan shall be submitted with permit applications, indicating the location of the proposed sign. 5. Size: A sidewalk sign shall be a maximum of four feet (4') in height and the maximum sign area shall not exceed six square feet (6 sq. ft.) per sign face. A maximum of two (2) sign faces are permitted. 6. Illumination: Sidewalk signs shall not be illuminated. 7. Insurance: Sidewalk signs placed on private property are placed at the risk of the owner. The applicant for a Sidewalk Sign Permit, shall provide, at its sole cost and expense, and shall maintain in effect during the entire period of the permit, insurance in the following manner: a. The following insurance coverage: 1. Worker's Compensation Insurance in at least the required statutory limits; 2. Comprehensive General Liability Insurance, including owner's protective liability insurance and contractual liability insurance covering claims for personal injury and property damage with limits of at least one million ($1,000,000.00) dollars per occurrence, and one million ($1,000,000.00) dollars for any single injury; and 3. Prior to issuance of a Sidewalk Sign Permit, the applicant shall provide the Village with copies of the certificates of insurance for the required insurance naming the Village as an additional insured party. 4. The required insurance policies shall each provide that they shall not be changed or cancelled during the life of the Sidewalk Sign Permit until 30 days after written notice of such change has been delivered to the Village, attention: Director of Community Development. 5. The permittee shall agree to hold harmless, indemnify, and defend the Village from and against any and all injuries, deaths, losses, damages, claims, suits, liabilities, judgments, costs and expenses, consequential or otherwise, including reasonable attorneys' fees, which may in any way arise out of or be connected with the granting of a Sidewalk Sign Permit, or in any way result therefrom or from any act or failure to act by the permittee, its agents or employees. Exhibit 5 SIDEWALK SIGN DISPLAY REGULATIONS NUMBER PERMITTED: One (1) per business. PERMITTED LOCATION: Sidewalk signs are only permitted in the B5 (Central Commercial) and B5C (Core Central Commercial) zoning districts and shall be placed no more than one foot (1 ') from the building. PEDESTRIAN CLEARANCE: A minimum of five feet (5') of unobstructed sidewalk is required. CLEAR VISION AREA: Sight triangle regulations as outlined in the Sign Code must be followed (see Section 7.801). SIZE: Sidewalk signs shall not exceed four (4) feet in height and each sign face shall not be greater than six square feet (6 sq. ft.). Only two (2) sign faces are permitted. DISPLAY TIMES: Sidewalk signs shall not be displayed during non- business hours. Signs shall also not be displayed during times of high winds, snow, or when it will impede pedestrian movement. ILLUMINA TION: Sidewalk signs shall not be illuminated. PERMIT: A permit is required for all sidewalk signs placed on public property. Permit applicants shall provide a plat of surveyor site plan showing the location of the sign. Sidewalk signs placed on private property do not require a permit. INSURANCE: All applicants for sidewalk sign permits shall provide proof of insurance at the time of application. Comprehensive General Liability Insurance with limits of at least one million ($1,000,000) dollars per occurrence and one million ($1,000,000) for any single injury is required and worker's comprehensive in the statutory limits. The applicant must also name the Village as an additional insured party and indemnify the Village. DR Ja\fT MINUTES COMMITTEE OF THE WHOLE JUNE 14, 2005 I. CALL TO ORDER The meeting was called to order at 7:07 p.m., in the Village Board Room of Village Hall, 50 South Emerson Street, by Mayor Irvana Wilks. Present at the meeting were: Trustees Paul Hoefert, John Korn, Richard Lohrstorfer, Michaele Skowron and Michael lade!. Absent from the meeting was Trustee Timothy Corcoran. Staff members present included: Village Manager Michael Janonis, Assistant Village Manager David Strahl, Finance Director David Erb, Community Development Director William Cooney and Deputy Community Development Director Ellen Divita. II. APPROVAL OF MINUTES Approval of Minutes from March 22, 2005. A Motion was made by Trustee Hoefert and Seconded by Trustee lade!. The Minutes were approved. Trustee Korn abstained. Approval of Minutes of April 26, 2005. A Motion was made by Trustee Zadel and Seconded by Trustee Skowron. Minutes were approved. Trustee Korn abstained. Approval of Minutes of May 24, 2005. A Motion was made by Trustee Hoefert and Seconded by Trustee lade!. A request was made to add the name of Mark Miller as a Safety Commission member which was omitted from the Safety Commission list of the Minutes. Minutes were approved with modification. Trustee Lohrstorfer abstained. III. CITIZENS TO BE HEARD None. Village Manager Janonis announced the passing of Village Clerk Velma Lowe and provided information regarding the times, locations and dates of the services. IV. TIF - SUB-AREA #1 REDEVELOPMENT OPTION DISCUSSION Mayor Wilks stated the Village Board is prepared to move forward in some direction, however, there will be no decision tonight regarding that direction and is intended only to start the process of discussion. 1 Village Manager Janonis stated that the work of the Board will likely take the next six to nine months to arrive at a final decision regarding this Area. The Village Board commissioned DLK Architects to review Sub-Area #1 which is bounded by Northwest Highway, Route 83 and Busse Avenue. He also stated that representatives from W. B. Olson have been invited to participate in the discussion regarding cost options and related up charges likely with each option presented this evening. Community Development Director Bill Cooney provided an overview of the Area and summarized the discussions in the Report of the Second Ad Hoc Committee. He stated discussions regarding the extension and expansion of the TIF are currently under way. He stated some of the attributes of the existing buildings include the oldest commercial buildings in the community, currently viable businesses and affordable rents. He said the challenges that await any redevelopment include minimal private investment, limited functionality of existing structures including structural obsolescence, stagnant property values and lack of parking. Charlie Freidlander of DLK provided an overview of all the options that had been drafted by DLK Architecture. Option A, which contains the most preservation and the most likely significant cost premiums, was presented. Dave Olson of W. B. Olson stated the cost impacts would be significant related to construction staging and the required steps to save the front of the buildings and support them from behind. Community Development Director Bill Cooney stated that Option A provides limited retail value and tends to maximize residential units. Option B includes a single, five story structure with underground parking with a basement next to the buildings that are recommended for saving under this Option. There is some retail included and this is the smallest overall change to the Area but highly the highest cost per square foot. Option C contains two main retail parcels with surface parking for retail. The underground parking would not be part of the support for the retail operations. There would be foundation retention expenses. Option 0 would have the same retail issues as Option C, however, it includes more retail in the small triangle and more underground parking. Option E includes a large retail operation in the small triangle and Busse would be the surface parking area. Option F is a combination plan but also limits the additional cost that would include cost for upgrades of the buildings that would be retained. There would also be issues with modifying the existing buildings versus building new and the additional costs associated with such modifications would be higher than building new. 2 Dave Olson also stated that the facades could be duplicated with new materials to get an old-time look versus trying to retain the existing materials and there would be some difference that would be noticeable. The ability to reconstruct with previous materials would most likely not yield positive results. General comments from Village Board members included the following items: There was concern voiced about the amount of surface parking for retail and the costs associated with protecting existing buildings. It was also noted that some businesses would be driven out due to likely higher rents and currently this area enjoys lower rents associated with the quality of buildings and location. Gavin Kleespies, Executive Director of the Mount Prospect Historical Society spoke. He provided historical background on the area and noted that this is the initial commercial area within Mount Prospect and feels it defines Mount Prospect character. David Lindgren, Chair of the Economic Development Commission spoke. He stated that the Commission is planning to meet this week to discuss development options and would forward the Commission's recommendation to the Board after the meeting. Jean Reibel, Four North Pine Street, a local architect, feels that the combining of Options A and B with all new along Northwest Highway could be an option to consider. Tom Neitzke, owner of the business at 22 West Busse, spoke. He would prefer that everything be left alone as is. He stated he has concerns that just because the buildings have limited architectural value does not mean they have no value and stated that this Area allows lower rents for small business to start out and survive. Mike Reese, owner of the business at 50 West Busse, spoke. He owns His and Hers Hobbies. He stated he picked downtown Mount Prospect for his business because of the character of the buildings but did acknowledge they are getting rundown. He stated himself and several other business people in the Area have been reluctant to invest in the buildings because they are uncertain of the future of the properties. He suggested utilizing TIF money to upgrade the buildings. Jim Uszler, Executive Director of the Mount Prospect Chamber of Commerce, spoke. He stated it is necessary to get a certain amount of density to make the project work and felt that preservation of historical buildings could be accomplished through relocation. George Busse, 111 South Maple Street, spoke. He stated he is the former Chair of the Economic Development Commission. He stated the EDC felt the most significant redevelopment Option was to avoid a canyon effect and maintain some historical appearance where possible. He stated there is a need to move forward and change. The Area cannot grow and prosper without change. Tim Gear, Historical Society Board member and resident, spoke. He stated he is questioning how an Area is measured as viable and how it is defined. General comments from Village Board members included the following items: 3 It was noted that some of the Options have positives which could be combined into elements of other plans to create hybrid plans. There was also a question regarding the cost of bringing the buildings up to Code and the ongoing maintenance costs. The Village Board determined to eliminate Option E from further consideration. Village Manager Michael Janonis stated that discussion will continue regarding what could work for the entire area. v. UTILIZATION OF SIGNS IN THE DOWNTOWN AREA Community Development Director Bill Cooney provided a summary of the available options regarding some changes in downtown signage. Planning Intern Christine Park presented the information summarizing all the downtown sign recommendations. The sign types that are recommended are the use of pedestrian level oriented signs along the sidewalk, extended signs from the buildings in the B5 and B5C areas and kiosk signs which would include area information about businesses. She stated the downtown businesses have less opportunity for signage and staff is recommending the use of projecting signs extending from the buildings so that the business is more noticeable. The kiosk option is recommended for the train station which would identify businesses in the area and general interest items. She stated that most comparable towns do not allow A-frame signs but larger downtowns use A-frame signs under special circumstances. She stated the recommended criteria would include one A-frame sign per street side door adjacent to the building with a maximum 12" from the building and a minimum of five feet of sidewalk unobstructed. These signs are pedestrian oriented and would only be out during business hours and not during adverse weather conditions. They would need to be considered high-quality and professionally constructed and would require a Permit only if on public property. General comments from Village Board members included the following items: A concern was voiced regarding the safety of A-frame signs and the need to clearly define the quality and design requirements that illustrate the necessary quality. It was also recommended that a trial period be undertaken and then the program be re- evaluated after the trial. It was also stated that some clarification may be necessary regarding the number of signs allowed for businesses that happen to be on corner property. Ken Fritz, Mount Prospect resident, spoke. He stated he was involved in drafting the original Sign Code and felt that these recommendations standardizing the appearance of signs in the downtown was worthwhile. Katie Dix, owner of Capannari's Ice Cream and the Chair of the Downtown Merchants Association, spoke. She stated that utilizing the sign package that is recommended would encourage a branding concept for the area. Consensus of the Village Board was to consider the Ordinance as presented by staff if subsequent and sufficient oversight is included for maintaining the professional appearance. 4 VI. VILLAGE HALL ENTRANCE ENHANCEMENTS Assistant Village Manager David Strahl provided an overview of the proposals drafted by DLK for Board consideration. These enhancements include installation of banners on the east wall of the Village Hall including a banner above the main entrance doors of Emerson Street and the Route 83 side. Another option would be the installation of a glass panel above the main entrance door. These options also include the installation of paneling and a camouflage paneling on the fire panel wall in the main stairwell. General comments from Village Board members included the following items: It was noted that the building functions extremely well and the overall block turned out very well. A shortcoming that has been commented on from c,~;nstituents has focused on the entrance and the main stairwell. It was suggested that the porch area be considered a grand entrance which could incorporate the stairwell depending on Code limitations. Consensus of the Village Board was to postpone the decision regarding these proposals presented this evening and to request a design for review and pricing from DLK regarding main entrance enhancements including improvements of the portico area. Village Manager Mike Janonis requested a couple of Elected Officials participate in the design discussions. Trustee Hoefert and Mayor Wilks volunteered to participate in those discussions. VII. VILLAGE MANAGER'S REPORT Village Manager Mike Janonis stated the Farmers' Market is running on Sundays now. The Lions Club 4th of July Festival is scheduled to begin on June 29 and continue through July 5. He also stated there is no need for a Closed Session this evening. VIII. ADJOURNMENT There being no further discussion, the Committee of the Whole meeting adjourned at 10:39 p.m. Respectfully submitted, {/ ~~S~ DAVID STRAHL Assistant Village Manager DS/rcc 5 bh/kd 08/11/05 cmp 8/2/05 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 7 (SIGN CODE) OF THE VILLAGE CODE OF MOUNT PROSPECT WHEREAS, the Petitioner (the President of the Village of Mount Prospect) has filed an application for certain text amendments to Chapter 7 (Sign Code) of the Village Code of Mount Prospect to amend various regulations; and WHEREAS, the Petitioner seeks amendments to the following sections of the Village Code: Section 7.325 Section 7.330 Section 7.335 SPECIAL SIGNS SPECIAL USE SPECIAL AREA OF CONTROL WHEREAS, a Public Hearing was held on the proposed amendments, being the subject of PZ-25-05, before the Planning and Zoning Board Commission on July 28, 2005, pursuant to due and prop~r legal notice having been published in the Mount Prospect Journal & Topics on the 13 day of July, 2005; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the President and Board of Trustees of the Village of Mount Prospect and the President and Board of Trustees of the Village have considered the requests being the subject of PZ-25-05. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The recitals set forth are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO' Section 7.325, entitled "Special Signs" of Chapter 7, as amended, is hereby further amended to create a new section as follows: 7.330 SPECIAL USE F. Projecting Signs F Ch. 7, Text Amendment - Sign Code Page 2/6 7.325 SPECIAL SIGNS J. Sidewalk Signs The Director of Community Development is authorized to issue permits for the use of public property for sidewalk signs, subject to the following conditions: 1. Sidewalk Signs: Signs placed on sidewalks for the purpose of advertising businesses on property adjoining the building. 2. Permits: A Sidewalk Sign Permit shall be required prior to placing a sidewalk sign on public property. Sidewalk signs placed on private property do not require a permit but shall be subject to these regulations as stated. A permit shall be valid from January 1st or the date of the permit issuance, whichever is later, through December 31st of the same year (Refer to Appendix A for permit fees). Applicant must provide proof of insurance as specified below prior to issuance of a Sidewalk Sign Permit. The Village may suspend or revoke a Sidewalk Sign Permit or request the removal of a sidewalk sign placed on private property, to protect the public health, safety, and welfare. Where a sidewalk sign violates any provision of the Mount Prospect Village Code, the permittee shall upon notification immediately correct such violation. 3. Number of Signs: Only one sidewalk sign shall be permitted per business establishment, except that public service signs (Le., signs indicating the curb location of valet parking) may be permitted in addition to the one sign per business establishment. 4. Use of Signs: Sidewalk signs may only be displayed during business hours and must be removed at the close of each business day. Sidewalk signs may not be displayed during times of high winds, snow, or when sidewalks are congested and the placement of a sign may impede pedestrian movement. 5. Location: Sidewalk signs shall be permitted only in the 85 (Central Commercial) and 85C (Core Central Commercial) zoning districts. Such signs shall not unreasonably interfere with pedestrian or vehicular traffic or with access to parked vehicles, and shall not reduce the open portion of any sidewalk to less than five feet (5') in Ch. 7, Text Amendment - Sign Code Page 3/6 width. The sign shall be placed no more than one foot (1') from the wall of the building, unless the Director of Community Development approves in writing another location due to other obstructions in the right of way. The sign shall not be attached or affixed to the sidewalk, parkway, poles or any other public facilities. Such signs shall adhere to all sight triangle regulations as set forth in Section 7.801 must be met. A plat of surveyor a site plan shall be submitted with permit applications, indicating the location of the proposed sign. 6. Size: A sidewalk sign may not exceed four (4) feet in height and the sign area shall not exceed six (6) square feet per sign face with a maximum of two (2) faces per sign. 7. Illumination & Attention-Getting Devices: Sidewalk signs shall not be illuminated. No attention-getting devices, such as balloons, may be attached to a sidewalk sign 8. Aesthetics & Maintenance: Sidewalks signs shall be of high quality and professionally constructed of durable materials. Sidewalk Signs shall be properly maintained as provided in Section 7.405. 9. Insurance: The applicant for a Sidewalk Sign Permit, shall provide, at its sole cost and expense, and shall maintain in effect during the entire period of the permit, insurance in the following manner: a. The following insurance coverage: 1. Worker's Compensation Insurance in at least the required statutory limits; 2. Comprehensive General Liability Insurance, including owner's protective liability insurance and contractual liability insurance covering claims for personal injury and property damage with limits of at least one million ($1,000,000.00) dollars per occurrence, and one million ($1,000,000.00) dollars for any single injury; and 3. Prior to issuance of a Sidewalk Sign Permit, the applicant shall provide the Village with copies of the certificates of insurance for the required insurance naming the Village as an additional insured party. Ch. 7, Text Amendment - Sign Code Page 4/6 4. The required insurance policies shall each provide that they shall not be changed or cancelled during the life of the Sidewalk Sign Permit until 30 days after written notice of such change has been delivered to the Village, Attention: Director of Community Development. 5. The permittee shall agree to hold harmless, indemnify, and defend the Village from and against any and all injuries, deaths, losses, damages, claims, suits, liabilities, judgments, costs and expenses, consequential or otherwise, including reasonable attorneys' fees, which may in any way arise out of or be connected with the granting of a Sidewalk Sign Permit, or in any way result therefrom or from any act or failure to act by the permittee, its agents or employees. b. Sidewalk signs placed private property are placed at the risk of the owner. SECTION THREE: Section 7.335, entitled "Special Area of Control" of Chapter 7, as amended, is hereby further amended to read as follows: 7.335 SPECIAL AREA OF CONTROL The Village Board may designate geographic areas within the Village as a "special area of control" for purposes of these regulations. A special area of control is an area in which special standards are drafted in order to incorporate a wider variety of sign design. A. The Director shall prepare a map showing all designated areas of special control (see Exhibit 1). B. Areas of special control shall permit the following: 1. Projecting Signs a. Number: One (1) projecting sign shall be permitted per business establishment. A projecting sign and a wall sign may be placed on the same wall provided that the projecting sign complies with Section 7.305.C.2 through Ch. 7, Text Amendment - Sign Code Page 5/6 7.305.C.5 and the size of the wall sign does not exceed twenty-five percent (25%) of the signable wall area (as defined in Section 7.801). b. Location: Projecting signs permitted under these regulations may-extend over the public right-of-way four feet (4') or to within two feet (2') of the curb line, whichever is less (see subsection 7.305.C). 2. Canopies or Awnings a. Location: Canopies or awnings permitted under these regulations may extend over the public right-of-way the lesser of five feet (5') or to within two feet (2') of the curb line; provided no supporting posts, columns, or braces extend beyond the property line. SECTION FOUR Exhibit 1 of Section 7.335, entitled "Special Area of Control" of Chapter 7, as amended is hereby further amended to appear as follows: o 005 01 0,15 02 025 -;:1;:, , t 'Miles "0/ Ch. 7, Text Amendment - Sign Code Page 6/6 SECTION FIVE' The President and Board of Trustees of the Village of Mount Prospect, with a majority vote, do hereby grant approval of text amendments to Section 7.325, Section 7.330 and Section 7.335. of the Village Code of Mount Prospect. SECTION SIX: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION SEVEN: 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 ,2005. Irvana K. Wilks Village President ATTEST: M. Lisa Angell Village Clerk HICLKO\files\WIN\ORDINANC\Text Amend Ch 7 Sign Ordinanceaugust16,2005.doc MOllnt Prospect Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: VILLAGE MANAGER MICHAEL E. JANONIS ~. J..t~ &llc. Cj';' FROM: ASSISTANT VILLAGE MANAGER DATE: AUGUST 12, 2005 SUBJECT: COMED EASEMENT AGREEMENT - 100 S. EMERSON SWITC RELOCATION Attached is a copy of the ComEd approved easement agreement to move the switchgear from 100 S. Emerson to a location approximately 250 feet east on the Busse Avenue right- of-way. The current location of the switchgear is in conflict with the building footprint and must be moved. After significant discussions with ComEd about an acceptable location this site was determined to be the best possible site due to other utility conflicts at other sites. ComEd was reluctant to locate switchgear in ROW due to the expense that ComEd would have to absorb if the switchgear were to be relocated in the future at the request of the Village. However, in this instance ComEd was willing to relocate the switchgear into the ROW if the Village granted an easement and agreed to accept the responsibility for the costs associated with possible relocation out of the ROW at some future date. The attached easement agreement memorializes this agreement and the work is scheduled for completion on August 22, so that the construction is not adversely impacted by the relocation. Staff is requesting Village Board approval of the easement agreement at the August 16 Village Meeting. Please contact me if you have any questions. David Strahl H:\VILM\COMED\100 S Emerson Switchgear Relocation VB Memo.doc q ..^.".,.-,.-.."----------~..-^-~-,..,.""-".<"'''''',=''''='''.=q"%";;"i::l'F:J:;,=",=",\=="~,,,,,';:'''''.~=;==Jf"'';~'Wr.;'I'~''''';'''.n~"""'-J>'<""'_'''''''''''''"~'~'----~'''''"'''''-'-------~_'''''''''"'w"""""""""""=""""",,,,,,,=~.,~,,,,,,,=,".~,,~,=,,,,,,".,",,-~,,,=-=-.,<,~~,~~_"_~~~~.__^'._._ mla 08/12/05 RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF AN EASEMENT AGREEMENT BETWEEN COMMONWEALTH EDISON AND THE VILLAGE OF MOUNT PROSPECT FOR RELOCATION OF THE COMED ELECTRICAL FACILITY LOCATED AT 100 SOUTH EMERSON STREET, MOUNT PROSPECT, ILLINOIS WHEREAS, ComEd owns and maintains certain electrical switchgear and components ("Electrical Facility") which have been installed, remain operational and are located pursuant to an easement agreement on the real property owned by the Village at 100 S. Emerson Street; and WHEREAS, the Village has requested that ComEd remove the electrical facility and relocate it to a certain public right-of-way owned by the Village at 22 S. Maple Street, fronting Busse Avenue, approximately 250 east of 100 S. Emerson; and WHEREAS, as a result of the Village's request, Com Ed is seeking a utility easement over that public right-of-way owned by the Village at 22 S. Maple Street, upon which to relocate, construct and maintain the Electrical Facility and lines leading to it (hereinafter the "Easement"); and WHEREAS, the Village agrees that, in the event that CornEd reasonably needs to relocate the electrical facility after it has been constructed, the Village will reimburse CornEd for its reasonable costs for such relocation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The Board of Trustees of the Village of Mount Prospect do hereby authorize the Mayor to sign and the Clerk to attest her signature on the Easement Agreement between CornEd and the Village of Mount Prospect, a copy of which is attached hereto and hereby made a part hereof as "Exhibit A". Page 2/2 Easement Agreement - ComEd Relocation of Electrical Facility SECTION TWO: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2005. Irvana K. Wilks, Mayor ATTEST: M. Lisa Angell, Village Clerk H :\CLKO\files \WIN\RES\Easement agrmt.comedaug ust2005. doc AGREEMENT AND GRANT OF EASEMENT (UTILITY EASEMENT) THIS AGREEMENT AND GRANT OF EASEMENT is made this _ day of , 2005, by and between the Village of Mount Prospect, an Illinois municipal corporation, Cook County, Illinois (hereinafter sometimes referred to as the "Village" and "Grantor") and Commonwealth Edison Company, an Illinois corporation (hereinafter sometimes referred to as "CornEd" and "Grantee"). WITNESSETH: WHEREAS, CornEd owns and maintains certain electrical switchgear and components ("Electrical Facility"), which have been installed, remain operational and are located pursuant to an easement agreement on the real property owned by the Village at 100 S. Emerson Street, Mount Prospect, Illinois; and WHEREAS, the Village has requested that CornEd remove the Electrical Facility and relocate it to a certain public right-of-way owned by the Village and legally described in attached Exhibit A; and WHEREAS, as a result of the Village's request, CornEd is seeking a utility easement over that public right-of-way owned by the Village upon which to relocate, construct and maintain the Electrical Facility and lines leading to it ("hereinafter the "Easement"); and 1 WHEREAS, the Village agrees that, in the event that CornEd reasonably needs to relocate the Electrical Facility after it has been constructed, the Village will reimburse ComEd for its reasonable costs for such relocation. NOW THEREFORE, for and in consideration of mutual covenants and agreements and other valuable consideration, the Grantor and CornEd agree as follows: 1. AGREEMENT FOR RELOCATION. The Village shall, upon written request by CornEd to the Village, reimburse CornEd for its reasonable future costs to remove and relocate the switchgear in the event that CornEd reasonably determines that its relocation is necessary. 2. GRANT OF UTILITY EASEMENT: The Village grants an easement for electric and communication service, which is hereby reserved for and granted to Commonwealth Edison Company and its respective licensees, successors and assigns, jointly and severally, to construct, operate, repair, maintain, modify, reconstruct, replace, supplement, relocate and remove, from time to time, poles, guys, cables, conduits, manholes, transformers, pedestals, equipment cabinets or other facilities used in connection with underground transmission and distribution of electricity, shown within the dashed or dotted lines (or similar designation) on the plat and marked "Easement," "Utility Easement," "Public Utility Easement," "P.U.E." (or similar designation, the property designated on this plat as "Common Elements," and the property designated on the plat as "common area or areas," and the property designated on the plat for streets and alleys, whether public or private, together with the rights to install required service connections over or 2 . ' under the surface of each lot and the common area or areas to serve improvements thereon, or on adjacent lots, and common area or areas, the right to cut, trim or remove trees, bushes, roots and saplings and to clear obstructions from the surface and subsurface as may be reasonably required incident to the rights herein given, and the right to enter upon the subdivided property for all such purposes. Obstructions shall not be placed over CornEd's facilities or in, upon or over the property within the dashed or dotted lines (or similar designation) marked 'Easement," "Utility Easement," "Public Utility Easement," "P.U.E." (or similar designation) without the proper written consent of CornEd. After installation of any such facilities, the grade of the subdivided property shall not be altered in a manner so as to interfere with the proper operation and maintenance thereof. 3. TITLE TO PROPERTY. The Village hereby acknowledges and warrants that the complete and full unencumbered easement rights to the utility easement property will vest in CornEd free and clear of all encumbrances or claims inconsistent with the rights granted to CornEd by this Agreement, including claims by the Village for payment. 4. GRANTOR'S RIGHTS The Grantor reserves the right to use the above utility easement in any manner consistent with these provisions, for all purposes that do not unreasonably interfere with the operation and enjoyment ofthe Easement by CornEd. 5. SUCCESSORS AND ASSIGNS All agreements, obligations, covenants and conditions shall be binding upon and inure to the benefit ofthe parties and their respective grantees, successors and assigns. 3 6. DEFAULT. If at any time any party shall fail to perform any covenant or abide by the provisions required to be performed by it pursuant to this Agreement and Grant of Easement, then the other party shall have all rights and remedies available at law or in equity, including and not limited to the right to specifically enforce such covenant or the right to enjoin such violation after seven (7) days written notice by registered or certified mail, except in the case of an emergency. 7. MODIFICATIONS. This Agreement and Grant of Easement constitutes the entire understanding of the parties. No variations or modifications of the terms of this Easement shall be binding unless in writing and signed by both parties. 8. PREVAILING LAW. The Agreement and Grant of Easement shall be construed and governed in accordance with the laws of the State of Illinois. IN WITNESS WHEREOF, the parties hereto have executed this Agreement and Grant of Easement as of this _ day of , 2005. 4 GRANTOR The Village of Mount Prospect, A municipal corporation. By: Irvana K. Wilks, Village President ATTEST: Lisa Angell, Village Clerk GRANTEE Commonwealth Edison Company By Its: 5 , , EXHIBIT A lEGAL DESCRIPTION OF VilLAGE OWNED PUBLIC RIGHT-OF-WAY TO FOllOW