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Home My WebLink About4. NEW BUSINESS 1/3/06 Village of Mount Prospect Community Development Department Mount Prospect MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER ,DIRECTOR OF COMMUNITY DEVELOPMENT FROM: DATE: DECEMBER 30, 2005 PZ-46-05 - CONDITIONAL USE (PLANNED UNIT DEVELOPMENT) 401-455 S. ELMHURST ROAD SK PARTNERS III LIMITED PARTNERSHIP - APPLICANT SUBJECT: The Planning & Zoning Commission transmits their recommendation to approve Case PZ-46-05, a Conditional Use request to convert the existing multi-family development at 401-455 S. Elmhurst Road to a Planned Unit Development, as described in detail in the attached staff report. The Planning & Zoning Commission heard the request at their December 22, 2005 meeting. The Subject Property is located on the east side of Elmhurst Road, between Lincoln Street and Sha-Bonee Trail. The site currently contains (14) duplex dwelling units; 28 individual units with related improvements. The Subject Property is zoned R2 Attached Single-Family Residence and is bordered by the RA District to the north, east, and south, and the R2 Attached Single Family district to the west. The Subject Property was built in the 1950's and currently, the units are rental units. However, the Petitioner proposes to create two conveyable townhomes from each of the existing 14 lots and sell the units; a Homeowners Association would be created to maintain the common areas. The Planning & Zoning Commission discussed that although the Subject Property is currently well maintained, the Subject Property would benefit from being converted to individually owned units. There was discussion on increasing the amount of trees and including more year-round, hardy landscaping. The Petitioner agreed to work with Staff to revise the landscape plan to address the P&Z's concerns. In response to comments that minimal upgrades were planned for the exterior of the buildings, one Commissioner noted that the moderately priced units would provide Mount Prospect with a level of affordable housing and that more improvements would increase the cost of the units. The Planning & Zoning Commission voted 6-0 to recommend that the Village Board approve a request for a Conditional Use permit to convert the Subject Property to a Planned Unit Development at 401-455 S. Elmhurst Road, Case No. PZ-46-05, subject to the following conditions: 1. The Subject Property will not be improved (structures added, building foot print increased, etc.) except as shown on the attached site plan prepared by Edward J. Molloy & Associates, date stamped December 8, 2005; 2. The Petitioner shall submit a fact sheet that details what prospective owners can and cannot construct on the outside of the residential units and include information notifying owners that there are 2 parking spaces per unit and that Guest Parking is only available to guests. The fact sheet must be provided to all purchasers prior to closing on each unit; PZ-46-05 December 30, 2005 Page 2 3. The Petitioner shall revise the association documents to include text that prohibits dissolving the association unless authorized by the Village Board; and 4. The Petitioner shall revise the landscape plan to include additional trees of varying species, and modifying the planting beds to include more year-round species of a hardier nature. Please forward this memorandum and attachments to the Village Board for their review and consideration at their January 3, 2006 meeting. Staff will be present to answer any questions related to this matter. Ijme H,IPLAN\Plamliug & Zooiog COMMIP&Z 2005\MEJ Memos\PZ-46.05 ME! MEMO (clmhurstroad townllomcs).doc MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-46-05 Hearing Date: December 22, 2005 PROPERTY ADDRESS: 401-455 S. Elmhurst Road PETITIONERS: SK Partners III, Limited Partnership PUBLICATION DATE: December 7, 2005 PIN #: 08-12-300-031,-032,-033,-034,-035,-036,-037,-038,-039,- 400, -041, -042, -043, -044-0000 REQUEST: Conditional Use (Planned Unit Development) MEMBERS PRESENT: Arlene Juracek, Chair Richard Rogers Joseph Donnelly Ronald Roberts Keith Youngquist Marlys Haaland MEMBERS ABSENT: Leo Floros STAFF MEMBERS PRESENT: Jill Baty, Planning Intern Judith Connolly, AICP, Senior Planner Ellen Divita, Deputy Director Community Development Stacey Dunn, Community Development Secretary INTERESTED PARTIES: Robert Pugliese, Brian GarelIi, Mike Pecci, Len Marianowski Chairman Arlene Juracek called the meeting to order at 7:30 p.m. Joseph Donnelly moved to approve the minutes of the November 10, 2005 meeting and Keith Youngquist seconded the motion. The motion was approved 4-0, with Marlys Haaland and Arlene Juracek abstaining. After hearing one previous case, Chairman Juracek introduced Case No. PZ-46-05, a Conditional Use request for Planned Unit Development, at 8:02 pm. She said that the case is Village Board final. Judith Connolly, Senior Planner, summarized the case. The Subject Property is located on the east side of Elmhurst Road, between Lincoln Street and Sha-Bonee Trail. The site currently contains fourteen (14) duplex dwelling units; 28 individual units with related improvements. She stated the Subject Property is zoned R2 Attached Single-Family Residence and is bordered by the RA District to the north, east, and south, and the R2 Attached Single Family district to the west. The Subject Property was built in the 1950's and currently the units are rental units. Ms. Connolly stated the Petitioner is seeking approval to convert the Subject Property to a Planned Unit Development (PUD). The PUD designation will allow the Petitioner to sell the units to individual owners, but requires the creation of a Homeowners Association to maintain the common areas. She said the size and number of dwelling units will not be increased, and parking spaces will be assigned to specific units. Each unit will have 2 parking spaces and the site will include 5 Guest Parking spaces. In addition, site improvements will be made where possible. Arlene Juracek, Chair Planning & Zoning Commission Meeting December 22, 2005 PZ-46-05 Page 2 Ms. Connolly stated the Petitioner is requesting approval of a Conditional Use permit for a Planned Unit Development for the existing development. This request is due to the Village Code's requirement that two or more multi-family residential buildings may be located on the same zoning lot only as part of an approved Planned Unit Development (PUD). The PUD process also allows for unified zoning control over the entire development, which would require formal Village approval if any modifications to the development are proposed in the future. Ms. Connolly advised the Commission that the Village Attorney reviewed the proposal and determined that the Village's Condominium Conversion regulations are not applicable for this project. The Village's regulations are only applicable to 4 or more units and the buildings only contain 2-units. Therefore, the proposal does not have to meet all of the Village Codes that would be applicable for a new development. Specifically, storm water detention and fire sprinklers are not required. Ms. Connolly reviewed the Petitioner's exhibits, which depicted the existing layout of the 28-unit development and proposed improvements. She said the development will continue to consist of 14 buildings; each building contains 2-units. There would be 28 townhome units created as a result of the type of ownership change. She said each of the townhome units has a separate entrance and two surface lot parking spaces. With the exception of Parcels 3 and 4, two units would share the already screened trash enclosure. Parcels 3 and 4 currently have their own enclosure. There is a paved area behind the buildings that would remain and each of the units would use it as a patio which measures 11 'xI8'. Ms. Connolly said the development does not comply with current zoning setback requirements because several buildings encroach into the required setbacks. The Zoning Ordinance contains provisions that allow existing structures to remain in their current location, but the code limits how the nonconforming setback may be increased. Therefore, the existing development may remain as it currently exists, but additions and/or modifications, such as patios or decks would have to comply with current code requirements or obtain relief from the Village Board. She stated this is important to note since newer townhome developments have sought relief from code requirements as ownership has changed and new owners were not aware that the development was limited to specific site conditions. Ms. Connolly stated each unit includes 3-bedrooms on the second floor, a living room, kitchen, and utility area on the first floor, and full basement. The Petitioner does not propose to modify the exterior of the buildings. She said access to the site will not be modified. Drivers will park vehicles in the rear of the development in a surface parking lot. The parking lot is accessed via a 2-way public alley that extends from Lincoln Street to Sha-Bonee Trail. The Petitioner's proposal indicates that there will be two parking spaces assigned to each unit. In addition, five Guest Parking spaces will be located at various locations to ensure an adequate distribution of the Guest Spaces throughout the development. The Zoning Ordinance requires 2 parking spaces per unit and the Petitioner's proposal complies with Village regulations. Ms. Connolly stated the Petitioner's landscape plan shows that a variety of new landscaping materials will be planted primarily in the front of the development, and new plants will be added along the side of the buildings. The existing landscaping in the rear of the development will remain and the Petitioner does not propose to plant additional materials in this area. Ms. Connolly further stated that the Petitioner's application indicates that there is currently 49% lot coverage for the entire site. This amount will not change as the Petitioner does not propose to add new structures and the development would comply with the 50% limitation for the R2 District. However, increasing the size of an existing patio or adding a deck would increase the amount of lot coverage. Therefore, it is important that potential owners are made aware of and understand this limitation before purchasing a unit. Ms. Connolly summarized the standards for Conditional Uses as listed the Village Zoning Ordinance. She reiterated the Petitioner does not propose any modifications to the buildings. The site will be enhanced with the proposed additional landscaping and new outdoor lights. In addition, the development and the Village will Arlene Juracek, Chair Planning & Zoning Commission Meeting December 22, 2005 PZ-46-05 Page 3 benefit by having a Homeowner's Association established to maintain the common areas. She said the proposal would not adversely affect the character of the surrounding neighborhood, utility provision, or public streets. Also, the proposed Conditional Use will be in compliance with the Village's Comprehensive Plan and Zoning Ordinance. Ms Connolly said the proposed Conditional Use meets the standards as listed in 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 Planned Unit Development at 401-455 S. Elmhurst Road subject to the following conditions: 1. The Subject Property will not be improved (structures added, building foot print increased, etc.) except as shown on the attached site plan prepared by Edward J. Molloy & Associates, date stamped December 8, 2005; 2. Prior to Village Board review, the Petitioner shall submit to staff a fact sheet that details what prospective owners mayor may not construct on the outside of the residential units. This fact sheet must be provided to all purchasers prior to closing on each unit. 3. Prior to Village Board review, the Petitioner shall submit a revised lighting spec sheet that shows the proposed outdoor lights will be full cut-off fixtures and have a flat lens; and 4. Prior to Village Board review, the Petitioner shall revise the Association documents to include text that prohibits dissolving the Association; Staff review and approval is required to ensure the proposed Homeowners Association will maintain the Subject Property for the duration of the existing development." Ms. Connolly said the Petitioner had submitted revised exhibits since the Staff Report was mailed. She said that the Village Attorney was reviewing the Fact Sheet, Condition #2, and the Association Documents, Condition #4. However, the revised parking lot lighting plan, Condition #3, complies with Village Code. She summarized the case and stated that · The Petitioner is seeking Conditional Use approval for a Planned Unit Development; · Consequently, an association will be created that cannot be dissolved unless the VB authorizes it; · The footprint of the buildings will not be changed; · Sheds cannot be built and patios cannot be enlarged; · Parking spaces will be assigned, 2 spaces per unit and 5 Guest Spaces to be shared; · Additional landscaping will be added to the site and the association will maintain it; and · Each new or potential owner will receive a fact sheet that states the limitations for structural modifications, parking, fences, shed, and patios to minimize any miscommunication. She said the Village Board's decision is final for this case, 401-455 S. Elmhurst Road, Case No. PZ-46-Q5. Chairperson Juracek asked Staff about a document submitted as part of the Petitioner's application addressing Zoning Ordinance compliance issues regarding screening and parking issues. She asked if Staff had reviewed these documents and if the issues were addressed adequately. Ms. Connolly said Staff had reviewed the Petitioner's application regarding the noncompliant zoning issues, but found the situations met the Zoning Ordinance's provisions for legal nonconforming structures and that Variations were not needed. There was discussion concerning granting Variations and how Variation runs with the land. If Variations were granted, and the site was ever redeveloped, the Variations would be applicable to the new development. In this case, if the site were ever redeveloped, the new development would have to meet current Village regulations. There were no further questions for staff. At the direction of Chair Juracek, Robert Pugliese, 115 S. LaSalle St, Chicago, Illinois and owner representatives Brian Garelli, 340 W. Butterfield Rd, Elmhurst, Illinois and Mike Caldwell 100 East State Parkway, Schaumburg, Illinois were sworn in. Mr. Pugliese thanked Staff for their comprehensive report. He stated he would like to Arlene Juracek, Chair Planning & Zoning Commission Meeting December 22, 2005 PZ-46-05 Page 4 highlight some of the positive aspects this Planned Unit Development would bring to the Village. He pointed out that individual ownership, with the assistance of an Association, would ensure prolonged maintenance and care of the properties. He also stated that the Association is perpetual and could not be dissolved without approval from the Village Board. Mr. Pugliese stated initial response from neighbors has been positive and they look forward to the Association joining the neighborhood. He clarified that the initial Association documents did mention the potential of outdoor storage sheds, but that this verbiage is being removed from the documents. He summarized by stating that the changes are being made for the good of the development, the neighborhood and the Village. Joseph Donnelly asked if the units are being renovated or will be sold as-is. Mr. Pugliese stated that many interior improvements have been made in the past several years, and as the engineering report states, external improvements will be limited to landscaping and parking lot lighting. No other improvements are anticipated at this time. Keith Youngquist inquired as to the average selling price of the units. Brian Garelli replied that the units would sell from $219,000 to the high two hundred thousand dollar range. Mr. Youngquist questioned what detennined range in the asking price. Mr. Garelli stated that both location and condition of the units were determining factors in the price. Richard Rogers said he. had questions regarding the landscaping plans for the development. He said he was concerned that much of the planned landscaping is not pennanent in nature and annual maintenance or replacement would fall on the responsibility of the unit owner. Mr. Pugliese replied that landscaping would be maintained and replaced by the Association. Mr. Rogers repeated his concern for the lack of permanent landscaping. Mr. Pugliese stated he would address Mr. Rogers' concerns with the landscape architect and assured the Commission that the Association will be responsible for maintenance ofthe Townhomes. Chairperson Juracek asked whether the Association will have the budget to maintain the properties. Mr. Pugliese reiterated that the Association would maintain and enforce up-keep of the landscaping. Mr. Youngquist stated that he supports the concept and that the Planned Unit Development is bringing viable, mid-priced Townhomes to Mount Prospect. There were no further questions from the Commission. Chairperson Juracek then swore in resident Len Marianowski, 507 S. Elmhurst Road, Mount Prospect, Illinois. Mr. Marianowski stated that he has been in the neighborhood for eighteen years and supports the request. He agreed that it provides a much needed affordable level of housing to incoming residents. Chairperson Juracek swore in resident Mike Pecci, 413 S. Elmhurst Road, Mount Prospect, Illinois. Mr. Pecci intends to purchase the unit he currently resides in. He came to the hearing to address some concerns regarding parking, property lines, maintenance and common sewer lines. He stated that the current parking layout would not satisfy the needs of residents. Mr. Pugliese stated that each unit will have two parking spaces and the Association would enforce parking compliance. He stated that the asphalt pavement will not be changed, but the parking spaces will be re-striped. Mr. Pecci also questioned if each lot is going to be divided into separate parcels. Mr. Pugliese stated that each lot would be divided into two equal parcels, with private backyards. Mr. Pecci was concerned with maintenance of the Townhomes, as past maintenance issues were not addressed in a timely manner. Mr. Pugliese stated that maintenance would be handled and enforced by the new Association. Mr. Pecci's final concern was the common sewer pipe for each building that runs through one unit's basement. He asked who would be responsible for repair should a sewer pipe break. Mr. Pugliese stated that the sewer lines are considered a common area so the Association should cover repair, but the issue will be reviewed by the Association council to verify this. Richard Rogers and Chairperson Juracek again stated that they agree with the formation of the Association, but would like to see additional plans for more pennanent landscaping. .' Arlene Juracek, Chair Planning & Zoning Commission Meeting December 22, 2005 PZ-46-05 Page 5 Chairperson Juracek asked ifthere were any further questions. Hearing none, the hearing was closed at 8:44 pm. Richard Rogers made a motion to approve the requested Conditional Use as submitted by the Petitioner, at 401- 455 S. Elmhurst Road, Case PZ-46-05, with the conditions of approval listed in the Staff Report and that another condition of approval be added: The Petitioner shall add more permanent landscaping, including doubling the amount of trees, and varying the species. Joseph Donnelly seconded the motion UPON ROLL CALL: AYES: Donnelly, Haaland, Roberts, Youngquist, Rogers and Juracek NAYS: None Motion was approved 6-0. After hearing 2 additional cases, Richard Rogers made a motion to adjourn at 9:09 pm, seconded by Joseph Donnelly. The motion was approved by a voice vote and the meeting was adjourned. ~ ommunity Development Secretary H:\PLANlPlanning I!l. Zoning COMM\P&Z 2005IMinulcs\PZ-46.o5 PUD 401-455 Elmhurstdoc CASE SUMMARY.,. PZ-46-05 Village of Mount Prospect Community Development Department LOCATION: 401,-.455 S;Elmhurst Road PETITIONER: SK Partners III Limited Partnership OWNER: SK Partners ill Limited Partnership . PARCEL #: LOT SIZE: . 08-12-300-031,-032,-033,-034,-035,-036,-03 7,-038,-039,-400,-041,-042-043,-044-0000 2.1 acres ZONING: LANJ) USE: R2 Attached Single-FaDliIy Residence (14) Duplex Dwelling Units (28 units total) REQUEST: Conditional Use - Planned Unit Development LOCATION MAP MOb ,rn A., e 30. ~ 303 301 385 304 307 " 306 309 308 311 310" 313 31% 315 314 317 316 31' 311 n ... 301 --=- 303 302 305 304 307 306 30t 308 311 310 313 31% 315 314 317 316 31' 318 .401 403 401 405 " 404 407 406 40f 408 411 .410 .... cu .... "."413 41% cu 415 414 b 417 416 411 " 411 :! 410 i 4ZZ SOl ~ 503 50Z 505 504 507 506 Sot 508 511 514 513. ~ 516 514 515 511 516 517 510 51' 511 51' 5%% Council Trail - ---'-_.~--------------'---~~~'~-"""""'''='''";'''_''''C'~=''':'i1"7:'''."""""""--;"'~"""""""="-~-------=-"".",v_",!:>~""","'_,,,,,,,=,-=c,~,,=__~~_.__._._._____ MEMORANDUM Village of Mount Prospect Community Development Department SUBJECT: MOUNT PROSPECT PLANNING & ZONING COMMISSION ARLENE JURACEK, CHAIRPERSON JUDY CONNOLLY, AICP, SENIOR PLANNER DECEMBER 15,2005 DECEMBER 22, 2005 PZ-46-05 - CONDITIONAL USE (PLANNED UNIT DEVELOPMENT) 401 ~455 S. ELMHURSTROAD- SK PARTNERS III (APPLICANT) TO: FROM: DATE: HEARING DATE: BACKGROUND A public hearing has been scheduled for the December 22, 2005 Planning & Zoning Commission meeting to review the applicati.on by the SK Partners III Limited Partnership Group, (the "Petitioner"), regarding the property located at 401-455S. Elmhurst Road (the "Subject Property"). The Petitioner is seeking Conditional Use approval of a Planned Unit Development for the existing multifamily development to create two conveyable townhomes from each of the existing 14 lots. The P&Z Commission hearing was properly noticed in the December 7, 2005 edition of the Journal Topics Newspaper. In addition, Staffhas completed the required written notice to property owners within 250-feetand posted Public Hearing signs on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located on the east side of Elmhurst Road, between Lincoln Street and Sha-Bonee Trail. The site currently contains (14) duplex dwelling units; 28 individual units with related improvements. The Subject Property is zoned R2 Attached Single-Family Residence and is bordered by. the RA District to the north, . . . . . east, and south, and the R2 Attached Single Family districtto the west(St. Raymond's parking lot). The Subject Property was built in the 1950's and currently the units are rental units. SUMMARY The Petitioner is seeking approval to convert the Subject Property to .. a Planned Unit Development (PUD). The pun designation will allow the Petitioner to sell the units. to individual owners, but requires the creation of a homeowners assoCiation to maintain the common areas. The size and number of dwelling units will not be increased, and parking spaces will be assigned to specific units. Each u.nit will have 2 parking spaces .and the site will include 5 Guest Parking spaces. In addition, site improvements will be made where possible. The various elements ofthe proposal are outlined below: . Conditional Use for a Planned Unit Development -: The Petitioner is requesting approval of a Conditional Use permit for a Planned Unit Development for the existing deyel()pment. This request is due to the Village Code's requirement that two or more multi-family residential buildings may be located on the same zoning lot only as part of an approved planned unit development (PUD). The PUD process also allows for unified zoning control over the entire development, which would require' f(lrmal Village approval if any modifications to the . development are proposed in the future. PZ-4-6-05 Planning & Zoning Commission meeting December 22, 2005 Page 3 The Village Attorney reviewed the proposal and determined that the Village's' Condominium Conversion regulations are not applicable for this project The Village's regulations are only applicable to 4 or more units and the, buildings only contain 2-units. Therefore, the proposal does not have to meet all of'the Village Codes that would be applicable for a new development Specifically, storm water detention and fire sprinklers are not required. ' , Site Plan ..The exhibits illustrates the existing layout of the 28-unit development and proposed improvements. The development will continue to consist of 14 buildings; each building contains 2-units. There would be 28 towilhome units created as a result of the type of ownership change. Each of the townhome units has a separate entrance and two surface lot parking spaces~ With the exception of Parcels 3 and 4, two units would share the already screened trash enclosure '(Parcels 3 and 4 currently ,have their own enclosure). There is a 'paved area behind the buildings that would remain and each of the units would use it asa patio (measures II 'xI8'). The development does not comply with current zoning setback requirements because several buildings encroach into the required setbacks. However, the Zoning Ordinance contains provisions that allow existing structures to remain in their current location, but the codeJimits how the nonconforming setback may be increased.' Therefore, the existing development may remain as it currently exists, but additions and/or modifications, such as patios or decks would have to comply with current code requirements or obtain relief from the Village Board. This is important to note since newer townhome developments have sought relief from coderequirenients as ownership has changed and new owners were not aware that the development was limited to specific site conditions. ' Building Design - The enclosed floor plans show the layout of the' units. Each unit includes 3-bedrooms on the second floor, a living room, kitchen, and utility area on the first floor, and full basement. The Petitioner does not propose to modify the exterior of the buildings. The enclosed pictures show the full brick exterior on four sides and the front and side entrances. Site Access - Access to the site will not be modified. Drivers will park vehicles in the rear of the development in a surface parking lot. The parking lot is accessed via a 2-waypublic alley that extends from Lincoln Street to Sha-Bonee Trail. Parking - The Petitioner's proposal indicates that there will be two parking spaces assigned to each unit. In additipn, five Guest Parking spaces will be located at various locations to eIisurean adequate distribution of the Guest Spaces throughout the development The Zoning Ordinance requires 2 parking spaces per unit and the Petitioner's proposal complies with Village regulations. . , Landscape Plan - The Petitioner's landscape plan indicates that a variety of new landscaping materials will be planted, primarily in the fron, 't of the development, and new plants will b,e added along the side of the buildings. - ,. , , The existing landscaping in the rear of the development will remain and the Petitioner does not propose to plant additional materials in this area. LotCoverage - The Petitioner's application indicates thatthere is currently 49% lot coverage for the entire site. This amountwilLnot change as the Petitioner does not propose to a~dnew structures and the development would complywith the 50% limitation for the R2 District. However, increasing the size of an existing patio or adding a deck would increase the amount of lot coverage. Therefore, it is important that potential owners are made aware of and understand this limitation before purchasing a unit. PZ-46-05 Planning & Zoning Commission meeting December 22, 2005 Page 4 CONDITIONAL USE STANDARDS The standards for Conditional Uses are listed in Section 14.203~F.80fthe 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 wi'l not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; . . There would be adequate provision of utilities, drainage, and design of access and egress to minitnize congestion on Village streets; and . There would be compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, andotherVillage Ordinances. As noted above, the Petitioner does not propose .any tnodificatiops to the buildings. The site will be enhanced. with the proposed additional landscaping and new outdoor lights. . In addition, the development and the Village will benefit by having a homeowner's association established to maintain the common areas. The proposal would not adversely affect the character of the surrounding neighborhood, utility provision, or public streets. Also, the proposed Conditional Use will be in compliance with the Village's Comprehensive Plan and Zoning Ordinance, RECOMMENDATION The proposed Conditional Use meets the standards as listed in 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 aPlanned Unit Development at 401-455 S. Elmhurst Road subject to the following conditions: 1. The Subject Property will not be improved (structures added, building foot print increased, etc.) except as shown on the attached site plan prepared by Edward J. Molloy & Associates, date stamped December. 8, 2005; 2. Prior to Village Board review, the Petitioner shall submit to staffa fact sheet that details. what prospective owners can and~an not construct on the outside of the residential units. This fact sheet must be provided to all purchasers prior to closing on each unit. 3. Prior to Village Board review, the Petitioner shall submit a revised lighting spec sheet that shows the proposed outdoor lights will be full cut-off fixtures and have a flat lens; and 4. Prior to Village Board review, the Petitioner shall revise the association documents to include text that prohibits dissolving the association; Staff review and approval is required to. ensure the proposed homeowners association will maintain the Subject Propertyfor the duration of the existing development." The Village Board's decision is final for this case, 401-455 S. Elmhurst Roac,i, Case No. PZ-46-05. I concur: Wt I P, Director of Community Development Ijmc H:\PLAN\Plannmg It Zoniog COMM\P&tZ 2005\SlaffMano\PZ-46-0S MEMO. (Elmbursa Rd Townhouse PUD).doc PROJECT ELMHURST TOWNHOMES FIXTURETYPESL'::16-VS-MH.,10Q-FL (18' POLE) CATALOG NUMBER Design SL -16/21/27 DISTRIBUTIONS TYPE S Square (Horiz. Lamp) TYPe 3 Asymme1rica1 (Horiz. ~) TYPEVS Square (Ver1icallamp) TYPE F FoIWBld Throw (Horiz. Lamp) TYPEVR Rectangular (Vert.lan1l) TYPE Y2 AsymrneIricaI (Vert. lamp) TYPE 1 Asymmetrical (Horiz.lamp) TYPE V Symmetrical (Vert. lamp) ORDERING EXAMPLE Sl-21-YS-HP8-4Ol1-Cl-OB-l2O-cwB-FO-<:l8O x 360 . ,....Sid.MltlalHIlI.. C1._c:cr-__ ..... _..... s... R.-FloI__ DESIGN DISTRiBUTION lIPS MHlMIIP LAMP LENS Sl-16 S 70/100/150 7lY100'15M7Sr.!OO" . ED-17 Fl 1 7011001150 7lY100115M7Sr.!OO" ED-17 Fl 3 70/100/150 7lY100115M7Sr.!OO" ED-17 Fl F 70/100/150 71Y100115M7Sr.!OO" ED'17 Fl VS 70/100/150 :roI1OO'15M7Sr.!OO" ED-17 Fl SL-21 VS 2501400 ED-18 Cl VS 25OI4OQI45O" BT-2818T-37 CL VS 400 Flat Lens BT-28 Fl V2 2501400 ED-18 Cl V2 25014OOI4W BT-2818T-37 Cl S 2501400 ED-18 Fl S 250/400 BT-28/BT-37 Fl 1 2501400 ED-18 FL 1 -. 250/400 BT-2818T-37 Fl 3 2501400 ED-18 Fl 3 250/400 BT-2818T-37 Fl F 250/400 ED-18 Fl F 250/400 Bt-28181-37 Fl VorVS 400 ED-18 V .or YS 4001450' .BT-S? V or VS 750 BT-37 V or VS 1000 BT-56 VorVS 1000 Rat Lens BT-37 VorYS 1000 Flat Lens BT-37 VorVS 1000 E-25 VR 1000 BT-56 VR 1000 Rat Lens BT-,37 VR 1000 E-25 F 1000 E-25 F 1000 BT-56 . Available only in Pulse Start 70,100,150,200,450 MHP = Pulse Start Sl-27 REQUIRED CHOICES - FINiSH .BK Black BW WMe DB Bronze SL Silver FG Gray cc Custom Specify Color VOLTAGES 120 208 240 271 347 480 - MOUNTINGS SA S1andBrd Arm (2.51 LA Long Arm (13.S") . - CWB CaS1 Wall Brackel ESFEJi1emal Slip F11fer - (lor 2-318' 0;0. Pirie) OPTIONAL CHOICES ELECTRICAl OPllOHS FD Single Fusing l2OVI277V .FDD . Double Fusing 480V FOFO Double Fusing208V124OV FOe Singlti Fusing 347V - PCT photo ceO and Receptacle OPTICAl OPTIONS LX Vandal Resis1anl Lens -(SL-21 & SL-16 only) CL Corwex glass lor Sl-21 onlY (Standard - acrylic) lJlInt it 110 tubIIituIe for CL or FL ClorFl CL or FL CL Fl Fl Cl CL Fl CL Fl Fl []] [~ ewe l:SF UGHTTRESPASS OPTIONS Cl80x360 in1ennal8O" VaIt. x 360' Horiz. leils Shielding Cl60x135 in1ennal60'Var1. x. 135' Hofiz. Lens Shielding - HSS -- HoilsaSIde Shield (75' Slandard) (exlemal) Fl Rat clear glass lens'(see orderitlg information for availability) OC]IO ~ I .. .... i.....,.. I . ... ... .;. .. Cl8Ox36O - Internal 80' Vert. x 360' Horlz. lens Shielding . Cl.6Oicl35 -Internal SO' Vert. x 135' Horlz. lens Shielding A Division of JJI Lighting'Group Inc. ,. (jun/;/y ~fI- 11500 MELROSE AVE. . FRANKLIN PARK, IL 60131 , Phone (647) 451-0040 - FAX (847) 451-676a. e.miil:qualily'mcs.com - www.qusiilylighling.com (8/8/03) Specifications ,ubjeclto change without nolice. 02003 Oualily lighting SPECIFICATIONS H 0 U S IN G One piece highly tOl!Ied formed aluminum, with .inlegral reinloroements and concealed fasteners and welds. The fixtures are C-UL & UL listed 'suitable for ~at locations.' LENS AND LENS FRAME Clear, heat and impact resistant tempered glass lens, S8CUI8d in an extruded aluminllm door frame. 21' & '0' fixtures with Vs, V and VR distribution usa square convex lens (unless otherwise noted), an oIhets usa square flat lens. Note: Drop acrylic lens (OA) Is standard on 21' YeIlicaIly Iamped units. GASKET ING The lens Is fully gaskeled to the lens frame wilhclosad eel neoprene. The lens door frame Is gaskilted to the housing with a dense silicone ex1nJdedgasket lealuringtwin flexible extensions to provide a double saal. INSTALLATION Design SL housings are pnlYided with a cast aluminum 2.5' arm for mounting a single fixture or twin fixtures at 180'; A 13.5" long exttuded 81uminum arm (LA) Is supplied for oIIler mOlJnIing ~figurations. R E FL E C TO R Reflector systems c:ail be easily rotated in go'incremenlS or interchanged wilIiOUt the use oIlools. Design SL is available with the foIlowing.rettec:lor systems: 1) Type S (16' & 21 ') - square dislribulicm; 2) Type VS.;... &quare distribution; 3) Type VR (27') - rectangular dlsiribution; 4) Type I (16' & 21 ') -asymrnetric&1 dls1ributlon; 5) Type 111- asymnietricaI dislribulion; 6) Type F - forward thrQw distribution; 7) Type 2 --asymmelricaI disIribuIion; 8) Type V - symmelrical dls)ribulion. BALLAST All CWA ballasts (+10% to -10% lamp power regulation) shall be In1y mounted and supplied with quick-disconnects. Ball8s1S are rated for -20' F operation. All non CWA ballaslS shall be HPF. F.I NIS H Polyester powder coateleclroStalically applled, which Is preceded by a five step pre-trealment process including an iron phosphate priming stage fur superior coating adheslon~ This process meets or exceeds aR ASTM lestingrequiremenlS, includi!l91hosa lor 1,000 - hour sa" spray endurance testing. r- A--1 1 B -L DIMENSIONS 111" A 18.00'sq. (408.4 mm) B 9.50" (241.3 mm) 21' 21.00'sq. (533.4 mm) 11.00' (279.4 mm) EFFECTIVE PROJECTED AREA (EPA) '0' 1l1" 21" 27.00' sq. (88S.llnlm) 1 FilllUAl 1.36sq.ft.(.13M2) 2.OBsq.ft.(.IlJMZ) 15.00' 2 FlIllUAlS 2.72 sq, ft. (26M2) 4.16 sq. ft. (.39M2) (381.omm) 3090' 4.00sq.ft.(.38M') 6.24 sq. ft. (.59M') 3.,20' 4.50 sq. ft. (.43M2) 6.75sq.ft.(.64MZ) 4090' 4.50 sq. ft. (.43M2) 6.75 sq. It. (.64M2) '0' 3.65 sq. It. (.35M>) 7.30 sq. It. (.1OM') 11.00 sq. ft. (1.ll5M') 11.50 sq. ft. (1.1M2) 11.50 sq. ft. (1.1M') .WEIGHT 16" 21" l!7" 45 Ibs. (20.45 kgs) .54 Ills. (24.54 kgs) 77lbs. (35 kgs) ."..,. no....... rw .(jualuY~nrI~ A Division of JJILighting Group Inc. , 11500 MELROSE AVE. FRANKLIN PARK. IL 60131 -Phone (847) 451.0040 . FAX (847) 451.6766 e.mai.l: qualilyOmcs.com . www.qualilylighling.com (6(6/03) Speciflcalions subject 10 change 'wi1hou1'notice. 02003 Qualily Lighting ,:> Ordering Information ORDERING EXAMPLE: RT5-25-7.0-11-G-T2 . (Diagram at right describes sequence in this example) Pole Section This example illustrates the standard ordering sequence. Each part of the ordering number is chosen from the appropriate section in the chart below. The number in the example designates a round tapered steel series, 25' height, 7.0. outside diameter at baSe, 11 gauge construction, galvanized finish, 2.375.0: D. tenon. . ALUMINUM POLES Prefix Description ALUMINUM FINISHES. Prelix Description OBZA Dark Bronze Anodize BKA Black Anodize RSA ATA .SOSA SOSAC HATA Round Straight Aluminum Round Taperad Aluminum SqUare Stlllight Aluminum Cruciform Heritage Series Round Tapered Aluminum STEEL POLES Prefix Description RSS Round Stlllighl Steel ATS Round Tapered Steel SOSS. = Square Straight Steel SOSTH Square Tapered Steel Hinged STEEL FINISHES Prefix Description P1 G BRZP = BLKP = GRVP = SLVP = WHTP = CCP = Prime (Optional) Galvanize (Optional) Bronze PaInt (Std.) Black PaInt (Std.) Gray PaInt (Std.) Silver Paint (Optional) Wh~e Paint (Optional) Custom Color Paint (Optional) Note: Verify anchor bolt Ilze and bolt circle with factory whln pllelng order. There 11 no ,ubltnute to, {1~~_. SERIES HEIGHT DIAMETER AT BASE GAuGE FINISH TENON OR DRILL MOUNT TENONIDRILL MOUNT Prelix Dascription T2 T3 T3.5 T4 DM10 DM2180 DM2090 DM3120 DM3090 DM4090 2.375' 0.0. Tenon 2.875' 0.0. Tenon 3.500" 0.0. Tenon 4.000" 0.0. Tenon Drill For {1 ) Luminaire Drill For 2 . 180' Drill For 2 . 90' Drill For 3 .120' Drill For 3 . 90' Drill For 4 . 90' Note: Minimum pole top diameter lor 0M4090 = 3' A Division of JJI Lighting Group Inc. I 11500 MELROSE. AVE. FRANKLIN PARK, IL 60131. Phon. (847) 451.0040.. FAX (847) 451-6768 ..moil: qualityOmes.eom . www.qualitylighling.eom . (52200) S.pteilieotlons lubitet 10 ehongt wilhoulnotiet. 02000. Quality Lighting loRD BISSELL W BROJKm ATTORNEYS AT LAW 115 S. LASALLE STREET I CHICAGO, ILLINOIS 60603.3901 312.443.0700 I 312.443.0336 FAX I WWW.LORDBISSELL.COM December 23, 2005 Robert]. Pugliese 312.443.0609 Fax: 312.896.6609 bpugliese@lordbissell.com VIA FEDERAL EXPRESS ~~ I 0'- Mr. William Cooney Director of Community Development Village of Mount Prospect 50 S. Emerson Street Mount Prospect, Illinois 60056 Re: PZ-46-05/Elmhurst Road Townhomes/Conditional Use (PUD) Dear Mr. Cooney: Pursuant to Ms. Connolly's letter of December 22, 2005 (attached), as the attorney for the Applicant in the above captioned case I am hereby requesting that the Village Board waive a second reading of the proposed ordinance at its meeting of January 3, 2006. I will work with Ms. Connolly to ensure that she receives 15 copies of the revised application/packet by noon on December 29, 2005. Respectfully submitted, LORD, BISSELL & BROOK,LLP ..........') '. ~"V . .f . ,,',' f '. ,.,' k f .,,/' / II ." . "..-' -<<. (c",./L.{ (. ~,~/}'.l.>>-e- ' '0 Robert J. Pugliese Attorney for Applicant RJP:pas Enclosure cc: Brian T. Garelli, Esq. (via facsimile) (w / attachment) Judith M. Connolly (via facsimile) Donald J. Manikas, Esq. '_./ ATLANTA CHICAGO lONDON lOS ANGElES NEW YORK CHI11150428vl Wednesday, December 28, 20059:54 PM Nancy Brothers (630) 299-3239 p.02 December 28, 2005 MIC~AfL R. N~WMAN l_A~jDSCAP{; CONSULTANT 1470 Golden Oaks Pal,k,,,(.!y Aut'o"T'a, Illinois 60506 r"Qne: 630/8Q6-0??4 f(.!x: 6301299-3239 alt: 3qJ.- 11 hS fo::xJj Attorney Robt:rt Pugliese Lord. Bissel & Brook 115 South LaSalle Stret Chicago, illinois 60603-3901 Re: Elmhurst Road Townhouses - Revised Landscape Plans Dear Mr. Pugliese: As a response to the comments presented by the Mt. Prospect Village Boord. I have nlade the following modifications to my initial landscape plan: 1. Doubled the amount ofadditional shadetrces from seven (7) to fourteen (14) on the plan; 2_ Added t\vo additional tree varieties for a total of three types of trees in the plan,. speci:ficaily: five (5) Greenspil.'e Little1eafLindens, six (6) Emerald Queen Norway Maples. and three (3) Autumn Purple \\>'hite Ash. 3. I am proposing the addition of fl w (5) Green Mound Boxwood (evergJ:een shrubs) to the west side of 401 ElmhuIrt R.ood (mcing P~e S~t). I was advised that there was a co.mment made regarding the amount of evergreens in the landscape design. Please nQte,. that there arc quitl; a few established groupings of evergreens at the site which will remaio. as part of the :final Jandscape design. The currently established evergreens include: forty-threc (43) Dwarf Globe Arborvitae. fifteen (15) Pyramidal Arborv.ta~ t\yO (2) Goldtipped Pfitzer Junipers, two (2) Anglqjap Yews, one (1) Dwarf Alberta Spruce. and one(l) Densiformis Yew. Please review these suggested plantin.g modification.1i and evergreen clarifications and let me know if acceptable. III the meantime, should you have any questions Of need anything additional, please calL Michael R Ne\"\'IDan 00: AttOIncy Brian T. Garelli Ms. Judy Connelly l?-?R-f;lC; ? 1 : C;~ RFr.FTVFn FROM:h~~ ?qq ~?~q P.I'l? loRD BISSEll W BROOKLLP ATTORNEYS AT LAW 115 S. LASALLE STREET I CHICAGO, ILLINOIS 60603-3901 312.443.0700 I 312.443.0336 FAX I WWW.LORDBISSELL.COM December 28, 2005 Robert J. Pugliese 312.443.0609 Fax: 312.896.6609 bpugliese@lordbissell.com VIA HAND DELIVERY MS. Judith M. Connolly, AICP Senior Planner Community Development Department Village of Mount Prospect SO South Emerson Street Mount Prospect, Illinois 60056-3216 Re: PZ-46-05jELMHURST ROAD TOWNHOMESjCONDITIONAL USE (PUD) Dear Ms. Connolly: Per your direction, and on behalf of the Owner and Applicant, I am hereby submitting the materials listed below for the Village Board's January 3, 2006 meeting packets, all in support of our Application for a Conditional Use of Permit for an R-2 Planned Unit Development for the property at 401 through 455 Elmhurst Road. Please let me know if you need any other documents or information to proceed with Village Board consideration of this matter. As you know, by letter of December 23, 200S to Mr. Cooney I have requested that the Village Board waive second reading of the ordinance. In support of this Application I am submitting herewith the following: . An original and 14 copies of this letter and my original filing cover letter dated November 10,2005. . Fifteen copies of the Application with the attached, executed, Affidavit of Ownership. . Fifteen copies of a proposed Declaration of Covenants, Conditions, Easements and Restrictions for the property, as revised per our discussions and staffs comments. . Fifteen copies of Applicant's Response to Conditional Use Standards. . Fifteen copies of Zoning Code Compliance Analysis for Elmhurst Townhomes, including a Rider 1 (Response to General Standards for Planned Unit Development) and Rider 2 (Response to Standards for Planned Unit Development With Other Exceptions). . Fifteen sets of color photographs showing representative, existing building elevations, and bearing the date of October 11,2005 (five sheets at 81/2 inches by 11 inches). ATLANTA CHICAGO LONDON LOS ANGELES NEW YORK CHIl 1150998vl loRD BrSSELLW BRCDKLLP ATTORNEYS AT LAW 115 S.LASAllE STREET I CHICAGO, IlliNOIS 60603-3901 312.443.0700 I 312.443.0336 FAX I WWW.LORDBISSHl.COM ~ovember10,2005 Robert J. Pugliese 312.443.0609 Fax: 312.896.6609 bpugliese@lordbissell.com VIA OVERNIGHT DELIVERY Mr. William Cooney, AICP Director of Community Development Village of Mount Prospect Community Development Department 50 South Emerson Street Mount Prospect, Illinois 60056-3216 Re: Elmhurst Townhomes 401 through 455 Elmhurst Road Application for Conditional Use Permit For R2 Planned Unit Development Dear Mr. Cooney: On behalf of the Owner and Applicant, I am hereby submitting an Application and materials in support of a request for a Conditional Use of Permit for an R-2 Planned Unit Development for the property at 401 through 455 Elmhurst Road. As we have discussed, we are seeking this approval in order to facilitate the conversion of the existing 14 duplex rental buildings into 28 townhomes in the belief that single family owner occupancy of these residences, subject to a Declaration and governance by a homeowners' association, represents a more beneficial use for the Village than 14 separately owned and maintained rental properties. In support of this Application I am submitting herewith the following: . The original and 14 copies of this letter. . The original and 14 copies of the Application with the attached, executed, Affidavit of Ownership. . A copy of first American Tide Company Owner's Policy No. OP 5372044 dated January 27, 1999 indicating proof of ownership by the Applicant. . A check in the amount of $500.00 representing the Application fee. . One copy of the paid tax receipts for the most recent tax bills. . Fifteen copies of a proposed Declaration of Covenants, Conditions, Easements and Restrictions for the property. ATLANTA . I CHICAGO LONDON LOS ANGElES NEW YORK CHIt 1129442vl , v . . loRD BrSSELLW BROOK UP BUSINESS NEEDS CHAMPIONS Mr. William Cooney, AICP Village of Mount Prospect November 10, 2005 Page 2 · Fifteen copies of Applicant's Response to Conditional Use Standards. · Fifteen copies of Zoning Code Compliance Analysis for Elmhurst Townhomes, including a Rider 1 (Response to General Standards for Planned Unit Development) and Rider 2 (Response to Standards for Planned Unit Development With Other Exceptions). · Fifteen sets of color photographs showing representative, existing building elevations, and bearing the date of October 11, 2005 (five sheets). · Fifteen sets of typical, existing floor plans for the townhomes (two sheets at 8% inches by 11 inches). · Fifteen full size copies of a Plat of Survey prepared by Wayne W. Nekola, IPLS, dated August 12, 2004. · Fifteen full size plans sets (four sheets) entided Elmhurst Townhomes Planned Unit Development, prepared by Edward J. Molloy & Associates, Ltd. and dated November 7, 2005. · Fifteen full size copies of an Existing Landscape.Conditions plan prepared by Michael R. Newman dated October 16, 2005. · Fifteen full size copies of a Proposed Landscape Improvement plan, with materials and quantities chart, prepared by Michael R. Newman dated October 16,2005. · Fifteen full size plan sets entided Site Improvements, prepared by Marchris Engineering, Ltd. and dated November 8,2005, consisting of Sheet CE-l, Development Plan and Sheet LT-1, Lighting Plan. · Fifteen sets of lighting catalog cut sheets (three pages) from Quality Lighting for the lighting fixtures and poles selected for the Elmhurst Townhomes Project. Please let me know at your earliest opportunity if you require any other materials or information for the Village's review of this Application. My understanding is that the Village will issue all necessary notices for the public hearing on this Application at its regular meeting of the Planning and Zoning Commission to be held on December 22, 2005. If that understanding is incorrect or the meeting date is changed, please let me know. " " loRD BrSSELLW BROOK LLP BUSINESS NEEDS CHAMPIONS Mr. William Cooney, AICP Village of Mount Prospect November 10,2005 Page 3 Thank you for your generosity in extending your time and cooperation to us in our preparations for this filing. Respectfully submitted, LORD, BISSELL & BROOK LLP ~~t2-,S~ Robert J. Pugliese Attorney for the Applicant RJP:jbc Enclosures cc: With Enclosures B. Garelli E. Molloy J. Zgonina M. Newman D. Manikas .', < VILLAGE OF MOUNT PROSPECT COMMUNITY DEVELOPTvIENT DEPARTMENT - Planning Division 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847.818.5329 Application for Conditional Use Approval = Address( es) (Street Number, Street) 401-455 Elmhprst Road Site Area (Acres) Property Zoning Total Building Sq. Ft. (Site) 2.127 acres R-2 37,49.2 s.f. Setbacks: Front Rear Side Side Z Variable, as pe submitted survey a d plans ~ ~ B~~~~g PJWt Lot Coverage (%) Number of Parking Spaces ( ,1 1 49% 61 0 . Adjacent Land Uses: ~ North South East West ~ Single family Single family Single family Church Tax I.D, Number or County Assigned Pin Number( s) 0 08-12-300-031-0000 thro~gh 08-12-300-44-0000 {14 parcels} ~ E-; ~ ~ Legal Description (attach additional sheets ifnecessary) LO~S 1 THROUGH 14 IN DIMUCCI~S RESUBDIVISION OF LOTS 2 TO 23, INCLUSIVE IN BLOCK 4 IN PROSPECT PARK SUBDIVISION NO. 1, BEING A SUBDIVISION OF THE WEST HALF OF THE NORTH 60 RODS OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN. IN COOK COUNTY , ILLINOIS. , 5 Name Telephone (day) E=: SK part.ners III Limited Partnership and (630) 833-9090 ~) Corporatjnn DiMucci the Telephone (evening) Yvonne l~. ac' Trustee of ., Salvatoie.J. DiMu~g.:j. Trus.t '#7 . (630) 660-3845 ~ ,~ .. - Street Address Fax @& 340 West Butterfield Road, suite 2A (630) 833-6855 j;;:>-< City State Zip Code Pager 01 .~ Elmhurst IL 60126 0 Interest in Property '. ~ Owners "'" ~ . Name Telephone (day) Z ~ Same as Applicant ~ ~ Corporation Telephone (evening) ~~ ~~ Street Address Fax: g. ~t: C!l' City State Zip Code Pager ~ U ~ Developer Name Elmhurst Townhomes, LLC Telephone (day) (630) 833-9090 (Brian Garelli, Manager) Address 340 W. Butterfield Road, If:2A Fax (630) 833-6855 Elmhurst, IL 60129 Attorney Name Robert J. p.ugliese Telephone (day) (312) 443-0609 Address Lord, Bissell & Brook LLP Fax 896-6609 :. (312) 115 South LaSalle Street Email: bpuglies@lordbissell.com Chicago, . IL 60603 Surveyor (630). 759-8155 Z Name Wayne Nekola Telephone (day) 01 U Address 400 N. S.chmidt Road, . suite 209 Fax (630) 759-0297 Bolingbrook, IL 60440 O~ ~~ ~~ Engineer S Name Marchris Engineering Inc. Telephone (day) (847) 885-8357 05< ~a3 (J. Zgonina) ~ 6) Address 100 East State Parkway Fax (847) 885-2252 C,,)O Schaumhurg,~IL 60173 ~I ~ -S-urveyor, J:'uu J:'~an rJ. .~ Name Edward J. Molloy & Associates, r.; t'Cl . Telephone (day): (630) 595-2600 Address 1230 Mark Street Fax (630) 595-4700 Bensenvi11e, IL 60106 Landscape Architect Name ~ichael Newman Telephone (day): {630} 896-0724 Address 1420 Golden Oaks Parkway Fax (630) 907-1289 Aurora, IL 60506 Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Itlinois WWW.mountnrosned.or!! ') Phone 847.818.5328 Fax 847.818.5329 Tnn S<Lt'7 10') (;O(;Lt '. Proposed Conditional Use (as listed in the zoning district) Residential Planned Unit Development 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) The proposed Planned Unit Development (PUD) will create two conveyable townhomes from each of the existing 14 lpts, each of which has been developed with a tenant ~ ~~ occupied duplex. The existing parking will be subjected to an easement. Each O~ townhoIlie owner will have two assigned parking spaces. A home owner's association U will be r~sponsible for maintenance of the parking area and other areas pursuant to a declaration to be recorded against the property. A document enti.tled "Applicant's r/1S E-l ~ Response to Standards for Conditional Use Standards" is being submitted with this: f,pplication. Hours of Operation N/A Addressees) (Street Number, Street) 401-455 Elmhurst Road ~Z All Proposed Site Information is the same as the Existing site Information. Site Area (Acres) Property Zoning Total Building Sq. Ft. (Site) Sq. Ft. Devoted to Proposed Use r/1S ~~ 2.127 acres R-2-PUD 37,492 s.L All ~ Setbacks: 0 Front Rear Side Side ~o ~~ Same or existing which vary, as per ubmitted survey and pI Fins Buil$ni Height Lot Coverage (%) Number of Parking Spaces 24. eet: ( t-"n; ,..'" 1 ) 49% 61 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 durillg reasonable hours for visual inspection of the subject property. . all materials submitted in association with this application are true and Yvonne A. DiMucci as Trustee Date .(os 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 Phone 847.818.5328 Fax 847.818.5329 ') 'T'nn 0,1'1 "}(V' t:'{\t:'~ ~ "-'1 Affidavit of Ownership ] .COUNTY OF COOK STATE OF ILLINOIS ) ) ) I, Yvonne A. DiMucci , under oath, state that I am ----..:. the so Ie x an an authorized officer of the ) ) owner of the propert~. as Trustee, ) commonly described as 401 to 455 Elmhurst Road, Mount Prospect, Illinois and that such property is owned by SK Partners III Limited Partnership and Sa:!:vatore J. DiMucci Trust #7 as of this date, r Subscribed and sworn to before _It::'"} ) me this u..'J7f) day of October ,20~, ~ 1iJ- otary Public a:F1CIAL IfI4 . BlUNGNWU . , NOTARY.-.c.If.WCF.ILJICJl. . < MYC(dlI111DM_~ ,1]J!'t>: ',. . t. . ..... ....,. '. . Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois Phone 847.818.5328 Fax 847.818.5329 -':'IT'l'l/''l'lr 't'V\^'''r'\~....'''n.....a....+ I.v.......... A 'T'T'\T'\ 0 Ar"I ., "..... CAe A This Document Prepared By and After Recording Return To: Donald J. Manikas Lord, Bissell & Brook LLP 111 S. Wacker Drive Chicago, Illinois 60606 (312) 443-1848 Space above for recording DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS ELMHURST TOWNHOMES THIS DECLARATION, made this _ day of , 2006, by SK PARTNERS ill LIMITED PARTNERSHIP, an Illinois limited partnership, and YVONNE DIMUCCI, AS TRUSTEE OF THE SALVATORE J. DIMUCCI MARITAL TRUST No.7, an Illinois Grantor Trust (collectively, the "Declarant"), as owner and declarant which is bound to perform all of the Declarant's obligations contained in this Declaration. WITNESSETH: WHEREAS, Declarant is the Owner in fee simple and legal titleholder of each of fourteen (14) subdivided lots commonly known as 401 through 455 Elmhurst Road in the Village of Mount Prospect, Cook County, Illinois, which real property is legally described in Exhibit "A" attached hereto, and incorporated herein by reference (the "Property"); and WHEREAS, the Property currently is developed with twenty-eight (28) attached single family homes, two (2) each in fourteen (14) buildings, one (1) building on each of the fourteen (14) subdivided lots aforesaid; and WHEREAS, the Village of Mount Prospect, Illinois (the "Village") has approved a conditional use permit for the Property to allow a residential planned unit development on the Property to be known as Elmhurst Townhomes and consisting of twenty-eight (28) townhome dwelling units and associated infrastructure, landscaping, walkways, parking and other CHI11127176v6 improvements, all substantially as shown on the PUD Plat attached hereto and incorporated herein by reference as Exhibit "B" (the "Development"); and WHEREAS, Declarant desires to create a homeowners association for the purposes of maintaining and administering certain portions of the Property and the improvements thereon, as hereinafter provided; and WHEREAS, Declarant is desirous of submitting the Property to the provisions of this Declaration. NOW THEREFORE, Declarant hereby declares that the Property shall be held, sold, transferred, occupied and conveyed subject to the following covenants, conditions, easement reservations and restrictions, all of which shall run with the Property, and be binding on all parties having or acquiring any right, title or interest in the Property or any part thereof and shall inure to the benefit of each Owner (as hereinafter defined) thereof. ARTICLE 1 DECLARATION OF PURPOSES 1. General Purposes. The Declarant is the Owner of the Property located in Cook County, Illinois, and desires to maintain thereon an attached single family townhome residential community development for future Owners of residential units thereon. a. The Declarant desires to provide and maintain upon the Property a harmonious development of a community of attached single family homes by the establishment of covenants and restrictions, as hereinafter set forth, for the benefit of the Property and the Owners thereof. b. The Declarant, by the establishment of covenants and restrictions and the reservation of certain powers unto itself, intends to provide and maintain a development on the Property that will enhance and protect the value of the Property. c. The Declarant intends to preserve the value of Units (as hereinafter defined) caused by activities within or upon their own or other Units. This Declaration is generally intended to prohibit the use of improper or unsuitable building or landscaping design or materials, to ensure adequate and reasonable maintenance of the development of the Property, to encourage the maintenance of attractive improvements, to prevent haphazard and inharmonious design and, in general, to provide for a high quality of improvements with the general purpose of maintaining the desired character of the community for the benefit of the Owners therein. d. The Declarant wishes to establish covenants for the Property which will allow the Owners and residents of each Unit, to the greatest extent compatible with the need to regulate use in a manner customary for a townhome community, to enjoy the use of a Unit in comparable fashion to a single family detached home. 2. Declaration. To further the general purposes herein expressed, the Declarant, for itself, its successors and assigns, hereby declares that the Property, whether or not referred 2 to in any deed of conveyance of such properties, at all times is and shall be held, transferred, sold, conveyed and occupied subject to the covenants and restrictions herein set forth. The provisions of this Declaration are intended to create mutual equitable servitudes upon each Unit becoming subject to this Declaration in favor of each and all other such Units; to create privity of contract and estate between the grantees of such Units, their heirs, successors and assigns; and to operate as covenants running with the land for the benefit of each and all such Units becoming subject to this Declaration, and the respective Owners of such Units, present and future. ARTICLE 2 DEFINITIONS Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in this Article 2. The following words, when used in this Declaration shall, unless the context shall prohibit, have the following meanings: 2.1. Assessment. Shall mean any and all regular or special assessments which may be assessed against a Unit in accordance with the provisions of this Declaration. 2.2. Association. Shall mean and refer to the homeowners association established for the Development intended to be known as Elmhurst Townhomes Homeowners Association, an Illinois not-for-profit corporation, and a common interest community as defined in Section 9-102 (a through d, both inclusive), of the Illinois Code of Civil Procedure as from time to time amended, its successors and or assigns. Prior to the Turnover Date (as hereinafter defined), the Declarant shall have all powers of the Association as set forth in this Declaration and, as the context requires, references in this Declaration to the Association shall be deemed to refer to the Declarant prior to the Turnover Date. 2.3. Board. Shall mean and refer to the Board of Directors of the Association which shall govern and control administration and operation of the Property from and after the Turnover Date. fu the event the Board has appointed an architectural committee to review proposed plans relating to improvements on the Property, which committee shall be not less than three (3) persons, any references to the Board review of and action with respect to such plans shall be deemed to refer to such architectural committee to the extent that the Board has delegated such matters to such committee. 2.4. By-Laws. Shall mean and refer to The By-Laws of the Association as published on the date of recording of the Declaration, and as subsequently amended from time to time. 2.5. Common Expense. Shall include but not be limited to (a) those expenses incurred by the Association in maintaining the Parking Lot, the Walkways, the Landscaping, the Garbage Enclosures, and any other common improvements the maintenance of which has been undertaken by the Association in accordance with the provisions contained in this Declaration and the By-Laws, (b) reserves established by the Association to cover unanticipated maintenance items, potential capital repair, improvement or replacement and other reasonable contingencies and ( c) any other charges that may be incurred as a result of 3 work done or charges assessed by the Village owing to the failure of the Association to fulfill its obligations contained in this Declaration. Common Expenses, which may include capital reserves, shall be assessed in equal share to each Unit. 2.6. Conditional Use Ordinance. Shall mean and refer to the Planned Unit Development Conditional Use Ordinance adopted by the Village of Mount Prospect on the _ day of , 2006, as its Ordinance No including amendments thereto, if any. 2.7. Declarant. Shall mean and refer to, initially, SK Partners III Limited Partnership, an Illinois Limited Partnership and Yvonne A. DiMucci as Trustee of the Salvatore J. DiMucci Marital Trust No.7, an Illinois Grantor Trust, or any nominee or assignee of the powers of Declarant as provided in a writing made in conjunction with a conveyance of all of Declarant's interest in the Property, until the earlier of (a) such time that Declarant no longer owns a Unit, or (b) such time that Declarant transfers the powers and obligations of the Declarant to the Association, together with all applicable records, contracts and accounts, at which time all references in this Declaration to the Declarant shall be deemed to refer to the Association, which shall be and act as the Declarant and be bound to perform all obligations to the Declarant as set forth in this Declaration. 2.8. Directors. The By-Laws shall provide for a Board of Directors which shall consist of not less than three (3), nor more than five (5) persons, all of whom shall be Owners. The first Board of Directors shall be appointed by the Declarant and shall serve until replaced by a vote of the Membership upon or subsequent to the Turnover Date. 2.9. Dwelling. Shall mean any attached single family townhome located on and within a Unit and intended for the shelter and housing of a single family. 2.10. Easements. Shall mean all easements declared and created pursuant to the terms and provisions of this Declaration, all existing easements lawfully recorded against any portion of the Property prior to the date of recording of this Declaration, and all future easements lawfully recorded against any portion of the Property subsequent to the date of recording of this Declaration if the written consent of Declarant to the grant of such easement is recorded. 2.11. Garbage Enclosure. Shall mean each ofthe fifteen (15) fenced, rear yard areas used and intended to be used for storage of refuse containers, including the fencing surrounding such areas, all as shown on the Exhibit C attached hereto. 2.12. Landscaping. Shall mean the landscaping improvements on the Property, including the lawns, as existing or to be provided in accordance with the Landscape Plan approved by the Village as part of the Village's approval of the PUD Plat, and any amendments thereto as approved by Declarant and the Village. No landscaping improvements made to a Unit by an Owner or resident of such unit following the date of this Declaration shall be deemed to be Landscaping, unless it has been approved by the Board and the Association has agreed to undertake the maintenance of same. 4 2.13. Member or Membership. Shall mean and refer to every person or entity who holds membership in the Association. The By-Laws shall provide that there shall be one class of ownership interests which shall be the Owners of the Units. Membership in the Association shall be appurtenant to the ownership of a Unit and may not be separated from such ownership. No one who is not such a record Owner may be a member of the Association. Where the ownership interest establishing Membership is held by more than one (1) person, all persons having a portion of such interest shall be Members and their vote shall be a single vote cast as the majority of them, determined by percentage of ownership, shall determine among themselves. If multiple Owners of a Unit fail to produce a majority vote (e.g. a fifty-fifty split), no vote for such Unit shall be counted. A member shall be entitled to vote by written proxy. The Board shall rule on the validity and sufficiency of written proxies and the determination of the Board shall be final and conclusive and not subject to appeal or arbitration except upon clear proof of fraud. 2.14. Owner. Shall mean and refer to the record Owner, whether one or more persons, individuals or entities, of a fee simple title to any Unit or group of Units, which is part of the Property, but excluding those having such interest merely as security for the performance of an obligation. 2.15. Parking Lot. That portion of the Property located adjacent to the public alley at the rear of the Property which is improved and maintained for parking for each of the Units and visitors, including all paving, curbing, lighting and other structural improvements. 2.16. Party Wall. Shall mean the entire wall and any portion of the building foundation directly below any portion of said wall, from front to rear of a building, all or a portion of which is used to divide and/or support adjoining Dwellings located on adjoining Units, situate or intended to be situate, on the common Unit parcel line. 2.17. Patio. Shall mean the paved area abutting each Townhome at the rear of the building, constructed and intended to be used as an outdoor recreational area and not as a pathway for entry to any Unit or Townhome. Walkways are not Patios. 2.18. Person. Shall mean and refer to a natural individual, corporation, partnership, trustee or other legal entity capable of holding title to real property. 2.19. PUD Plat. Shall mean the Plat of Planned Unit Development for the Property approved by ordinance of the Village as set forth in Exhibit "B" and as first recorded in the official records of Cook County County, Illinois, and as thereafter from time to time amended or supplemented with the approval ofthe Village. 2.20. Propertv. Shall mean and refer to the real estate legally described in Exhibit "A" attached hereto and made a part hereof. 2.21. Single Family. Shall have the meaning then assigned to such term or similar term as set forth in the Village Zoning Ordinance. 2.22. Stoop. Shall mean the raised entry step at the front door of each Townhome. 5 2.23. Turnover Date. Shall mean the date upon which the Declarant transfers its control of the Property pursuant to the Declaration to the Association, along with all applicable records, contracts and accounts. 2.24. Townhome. Shall mean each Dwelling which is part of a two-dwelling building constructed and intended to be occupied as an attached single family residential dwelling. 2.25. Unit. Shall mean and refer to each of the twenty-eight (28) parcels shown upon the recorded PUD Plat. 2.26. Unit Parking Area. Shall mean that portion of the Parking Lot designated on Exhibit C attached hereto as being reserved for the exclusive use of a particular Unit, regardless of whether such Unit Parking Area is located wholly within the property lines of the corresponding Unit. 2.27. Village or Village of Mount Prospect. Shall mean and refer to the Village of Mount Prospect, Illinois, its successors and assigns. 2.28. Visitor Parking Spaces. Shall mean those parking spaces in the Parking Lot identified as Visitor Parking Spaces on Exhibit C attached hereto which are not part of any Unit Parking Area and over which an easement to all Units is reserved in this Declaration for parking by all visitors and invitees. Residents of a Dwelling are prohibited from parking on Visitor Parking Spaces. Non-resident Owners may only park on Visitor Parking Spaces during such time as they are present at the Property. 2.29. Voting. Owners of one or more Units, whose Membership in the Association is predicated upon ownership of a Unit, are entitled to one (1) vote for each Unit owned. 2.30. Walkways. Shall mean all paved areas on the Property, other than the Parking Lot, Stoops or Patios, providing walking paths within the Development. ARTICLE 3 EASEMENTS 3.1. Association Easement Rights. There is hereby reserved to the Association a blanket easement over, under, on, and across the Property to inspect, maintain, repair, replace, construct or take such other action as may be reasonable or necessary for the Association to perform the obligations required of it under this Declaration to perform other maintenance or responsibilities lawfully assumed by it in accordance with the provisions of this Declaration and the By-Laws or to perform maintenance, make repairs or take other action that it is entitled to take under this Declaration or the By-Laws. Except for emergency circumstances involving imminent peril to persons or property, the Association shall not enter the interior of a dwelling without giving reasonable, prior, written notice to the Owner and resident in the manner to be prescribed by the Board. 3.2. Public Utility Easements. To the extent reasonably necessary to provide or continue to provide public utility services to all or any of the Units, upon written request an 6 Owner shall grant such public utility easements over, under, on, or across such Owner's Unit in locations approved by the Association, the public utility and the Village, provided that no Owner shall be required to grant such an easement if it would materially interfere with such Owner's use and enjoyment of the Owner's Unit. With respect to the existing, shared sanitary sewer mains currently serving all adjoining Units, a perpetual easement is hereby reserved in favor of each Unit over the adjoining Unit for the continuation of the shared sanitary sewer mains and appurtenances thereto providing a common benefit line in their current location(s) or such alternate location(s) as may be agreed upon by the respective Owners upon any relocation of same, together with the mutual right and obligation of such adjoining Units to share equally in the costs of maintenance, replacement or repair of such sewer improvements which provide a common benefit, to the point of connection with the public utility providing service. Pursuant to a request made in accordance with the provisions of Section 3.8, each Owner of a Unit shall have the right of access to the adjoining Unit, upon reasonable notice commensurate with the circumstances, for the purposes of periodic inspection, maintenance, repair or replacement of those portions of the main and/or appurtenances thereto providing common service to the adjoining Units. 3.3. Parking Lot Easement to Association. Without limiting the generality of Section 3.1 above, there is hereby reserved to the Association a perpetual easement over, under, on and across the Parking Lot, as depicted the PUD Plat, on to maintain, repair, replace, or take such other necessary actions with respect to the improvements located or intended to be located thereon or to enforce an Owner's Unit Parking Area rights or to enforce any person's right to use ofthe Visitor Parking Spaces. 3.4. Unit Parking Area Easement Rights. There is hereby reserved to each Unit a perpetual and exclusive right to park on the area designated on Exhibit C hereto as the Unit Parking Area for such Unit, regardless of whether the Unit Parking Area is located wholly within the property lines of such Unit; provided, the Association shall have the right to re- stripe or alter the configuration of the Parking Lot and/or Unit Parking Areas, subject to any required approval of the Village, and subject to the continuing right of each Unit to equal and comparable parking rights. 3.5. Visitor Parking Spaces Easement Rights. There is hereby reserved to all Owners, for the use and benefit of visitors or other invitees of the residents ofthe Dwellings, a non-exclusive easement over the areas designated on Exhibit C attached hereto as Visitor Parking Spaces, for the limited purpose of parking on such Visitor Parking Spaces while present at the Property and for no other purpose. Residents shall be prohibited from parking on Visitor Parking Spaces. Non-resident Owners may park on Visitor Parking Spaces only while present at the Property. The Association shall have the reserved right to relocate the Visitor Parking Spaces in connection with any re-assignment of Unit Parking Areas as provided for in Section 3.4 above, and to relocate or reduce the number of Visitor Parking Spaces should circumstances require that one or more Visitor Parking Spaces be eliminated in order to maintain two (2) parking spaces per Unit. 3.6. Garbage Enclosure Easements. There is hereby reserved to each Unit a perpetual right, exclusive except as to any other Unit expressly granted such right herein, to access and use the Garbage Enclosure(s) designated on Exhibit C attached hereto as the 7 Garbage Enclosure for such Unit. To the greatest extent feasible, refuse placed into the Garbage Enclosure shall be put into a closed container, such as a covered garbage can or similar container. The Association shall have the right to relocate and/or change the designated Garbage Enclosures for a Unit, subject to the continuing right of each Unit to reasonable and comparable access and to and use of a Garbage Enclosure. 3.7. Perpetual Easement. The Village and all other governmental entities having relevant jurisdiction and authority is hereby granted a perPetual easement to enter upon the Property for the purposes of providing emergency services. 3.8. Adioining Units Easement Rights. To the extent reasonably necessary to perform maintenance or repairs of a Unit with respect to shared or integrated elements thereof, including but not limited to roofs, gutters, Patios, walkways, stoops, Party Walls, or the like, upon request each Owner shall grant to the Owner of an adjoining Unit such temporary easement rights as are reasonably necessary to perform such maintenance or repairs, under such terms and conditions as are customary, including the provision of indemnification and evidence of insurance. Any disputes regarding such requests shall be resolved in the manner provided in Sections 5.3 and 6.2. ARTICLE 4 COVENANTS FOR ASSESSMENTS AND CHARGES 4.1. Creation of the Lien and Personal Obligation for Assessments and Charges. Each Owner of a Unit, by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other covenants, hereby covenants and agrees and shall be deemed to covenant and agree to pay to the Association, for each Unit owned by such Owner, all assessments and charges levied pursuant to this Declaration. Such assessments and charges, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge and a continuing lien upon the Unit against which such assessment or charge is made. The obligation to pay each such assessment or charge, together with such interest and costs, shall also be the continuing personal obligation of the person who was the Owner of such Unit at the time such assessment or charge fell due, until paid. 4.2. Purpose of Assessments and Charges. a. The assessments levied by the Declarant or Association for Common Expenses shall be used for the purpose of promoting the recreation, health, safety and welfare of the Owners of the Units and, in particular, without limiting the foregoing, for maintenance, improvement and additions of and to all improvements to the Property, including but not limited to maintenance of utilities whether or not within the right-of-way, maintenance of the Landscaping, for all insurance, professional and other services, materials, supplies, equipment and other costs and expenses incident to the maintenance thereof, for payment of fees levied by the Village, for reasonable capital reserves, and for otherwise carrying out the duties and obligations of the Board and of the Association as stated herein and in its Articles of Incorporation and By-eLaws. 8 b. Charges may be assessed against one or more Owners for the expense of repairing damage caused to the Property by such Owner(s) which would have been a Common Expense if not caused by such Owner(s). Charges also may be assessed against one or more Owners for expenses incurred by the Association in performing maintenance or repairs to a Unit which the Owner(s) wrongfully fails to perform, all in accordance with the provisions ofthis Declaration and the By-Laws. 4.3. Assessment Procedure - Annual Assessments. Each year, on or before September 1, the Board shall prepare a budget for the Association for the following calendar year which shall include estimated cash expenditures and reasonable amounts as a reserve for repairs to and replacement of all improvements on the Property, to include a reserve for repairs and replacement of those portions of the improvements for which the Association is responsible, and for other areas maintained by the Association and for such other contingencies as the Board may deem proper, and shall, on or before October 1, notify each Owner in writing of the amount of such estimate, with reasonable itemization thereof. The notice to each Owner shall contain the estimated budget, the monthly assessment amount that shall become due from each Owner, a request that the Owner provide to the Board within thirty (30) days, any comments or suggestions regarding the budget, and a statement that the Board will consider the responses received from the Owners and will adopt a resolution which levies the annual assessment based upon the estimated budget at a meeting called for that purpose prior to January 1 of the following year. The budget shall also take into account the estimated net available cash income for the year, if any, that may be received by the Association. On or before January 1, following the preparation of the budget, and on the first day of each and every month for the next twelve (12) months, each Owner, jointly and severally, shall be personally liable for and obligated to pay to the Board or as it may direct, one-twelfth (1112) of the assessment made pursuant to this Section. On or before September 1 of each year following the initial meeting, the Board shall supply to all Owners an itemized accounting, on an accrual or cash basis, of expenses for the preceding twelve (12) months together with a tabulation of the assessments and showing net excess or deficit, on an accrual or cash basis, of income over the sum of expenses plus reserves. Any such excess may, at the discretion of the Board, be retained by the Association and shall be placed in a reserve account. a. If said annual assessments prove inadequate for any reason, including non-payment of any Owner's assessment, the Board may, subject to the limitations on the use of capital reserves in Section 4.5, charge the deficiency against existing reserves, or levy a further assessment which shall be assessed equally against all Units subject to assessment. The Board shall serve notice of such further assessment on all Owners by a statement in writing showing the amount due and reasons therefor, and such further assessment shall become effective with the monthly installment which is due more than ten (10) days after delivery or mailing of such notice of further assessment. All Owners shall be personally liable for and obligated to pay their respective adjusted monthly assessment. b. The failure or delay of the Board to prepare or serve the annual or adjusted estimate on any Owner shall not constitute a waiver or release in any manner of such Owners obligation to pay the maintenance costs and necessary reserves, as 9 herein provided, whenever the same shall be determined, and in the absence of any annual estimate or adjusted estimate the Owner shall continue to pay his monthly installment at the then existing rate established for the previous period until the monthly installment which is due more than ten (10) days after such new annual or adjusted estimate shall have been mailed or delivered. 4.4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Board may levy special assessments for the purpose of defraying, in whole or in part, the cost of constructing or purchasing a specified capital improvement to areas maintained by the Association and for the necessary fixtures and personal property related thereto. The sum total for all Units involved shall first be approved by a majority of the Board and thereafter by a majority of the votes cast by the Members present at a general or special meeting duly called for that purpose or, in lieu of such Members meeting, by an instrument signed by the Members owning two-thirds (2/3) of the Units. Special assessments levied hereunder shall be due and payable at such time or times and in such manner as shall be fixed by the Board or, where applicable, as approved by the Members, and shall be used only for the specific purpose for which such assessment was levied. 4.5. Capital Reserves. To the extent the annual budget includes an amount specifically designated as a capital reserve, that proportion of each installment of the annual assessments paid to the Association as the amount so designated as a capital reserve bears shall be segregated and maintained by the Association in a special capital reserve account to be used solely for making repairs and replacements to the areas maintained by the Association, which the Association is obligated to repair and replace in accordance with the provisions of this Declaration, and for the purchase of equipment to be used by the Association in connection with its duties hereunder. 4.6. Notice and Quorum. Written notice of any meeting called for the purpose of authorizing special assessments which requires approval of the Members shall be sent to all Members not less than ten (10) days nor more than thirty (30) days in advance of such meeting. At the first such meeting called, the presence of twenty percent (20%) of the voting Members in person or by proxy shall constitute a quorum. If required quorum is not present another meeting may be called subject to the same notice requirement and the required quorum at the subsequent meeting shall be ten percent (10%) of the Members. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. 4.7. Uniform Assessments. Both annual and special assessment must be applied in exact equal amounts to each of all Units. Any reserve capital required shall be charged in exact, equal amounts to all Units. 4.8. Collection of Assessments. Any installment of an assessment which is not paid when due shall be delinquent. If said installment is not paid within thirty (30) days after the due date, the Board may, upon written notice to such Owner of such delinquency, charge interest at a rate not to exceed the statutory allowable rate on the unpaid balance, plus statutorily allowable administrative fees. The Association may bring an action against the Owner personally obligated to pay assessments and recover the same, including interest, costs and reasonable attorney fees for any such action, which shall be added to the amount of such 10 assessment and included in any judgment rendered in any such action. To the extent permitted by any case law decision or any statute or law now or hereafter effective, the amount of any delinquent and unpaid charges or assessments, and any such accelerated installments, together with interest, late charges as determined by the Board, costs and attorney fees as above provided, when payable shall be and become a lien or charge in favor of the Association and may be foreclosed by any action brought in the name of the Association. 4.9. Notice and Cure of Lien. In the event that a lien has been recorded in favor of the Association, then the party against whom there is a charge shall be notified at the Unit address by Certified U.S. Mail (Return Receipt Requested), shall have thirty (30) days from the date of mailing which to cure said charge and lien, and in the event that it is not cured, then the Association may commence proceedings to foreclose on the recorded lien. 4.10. No Waiver of Liability. No Owner may waive or otherwise escape liability for assessments provided for herein by non-use of the areas maintained by the Association, or abandonment of its Unit. Any claim by an Owner against the Association shall be separate action and shall not be used as a defense or counterclaim to an action by the Association to collect assessments. 4.11. Subordination of the Lien to Mortgages. The lien of, the assessments provided for in this Article shall.be subordinated to the lien of any institutional first mortgage. When any property interest entitling the Owner to Membership in the Association is sold or transferred pursuant to foreclosure of such mortgage, or any proceeding in lieu thereof, the lien of all assessments whose payments became due after the execution of such mortgage but before such sale or transfer shall be extinguished, and the amount owing to the Association shall be paid by the Members of the Association; provided, however, that if there is a surplus from said sale or transfer above the amount needed to satisfy the first mortgage, it shall be used as needed to satisfy the aforesaid assessment lien. No sale or transfer of any other kind shall affect the assessment lien. All assessments whose payments became due after any foreclosure sale or transfer shall continue to be a lien as provided in this Article. Assessments whose lien has been extinguished pursuant to this Section shall continue to be the personal obligation of any person who was the Owner or part-Owner' of the property at the time the assessment was made, and said obligation shall be joint and several as to all persons having. an ownership interest when such assessment was made against a Unit. 4.12. Undivided Tax Prorations. Declarant shall petition Cook County to assign separate tax parcel numbers for each Unit. In the event any real estate tax bills are issued for more than one Unit as part of an undivided tax parcel, each Owner of the Units included in such tax bill shall contribute one half of any such real estate taxes based upon any undivided tax bill. If either Owner elects to protest or appeal the assessment of the undivided tax parcel, the other Owner shall cooperate with and to the extent legally required join in any such proceeding at the sole cost of the protesting or appealing Owner, unless otherwise agreed by the Owners. 11 ARTICLE 5 MAINTENANCE, USE AND OCCUPANCY The following covenants and restrictions set forth in this Article 5 as to use and occupancy are subordinate to the terms of the Conditional Use Ordinance for the Property approved by the Village, and where there may be conflicting provisions the most restrictive provisions shall apply. 5.1. Standards of Maintenance. All maintenance of all improvements on the Property, whether the obligation of the Association or of the Owners, shall performed in a good and workmanlike manner. All improvements shall be maintained in a neat, clean and safe condition and manner. 5.2. Maintenance by Association. The Association shall have the primary obligation and right to maintain (excepting snow and ice removal) the Landscaping, which shall include the mowing of lawns, the Walkways, the Parking Lot, and the Garbage Enclosures. The Board may elect from time to time to assume the primary right and obligation to remove snow and ice from any or all of the following: the Walkways, the Stoops, or the Parking Lot. The Association shall have the right to maintain any improvements which are the primary obligation of an Owner if the Owner has failed to perform such maintenance in accordance with the standards set forth in the Declaration or as may be adopted and published by the Board, following written notice to the Owner and such Owner's failure to commence a cure within ten (10) days following such notice and thereafter diligently prosecute same to completion. fu the event the Association undertakes such maintenance following an Owner's failure to cure, the Association shall be entitled to reimbursement for the expenses it incurs within ten (10) days following presentation of an itemized charge to the responsible Owner or Owners. For all overdue charges for such amounts, and the costs of collecting same, the provisions of Article 4 of this Declaration with respect to the Association's rights to assert and foreclose a lien with respect to Assessments shall also apply to the collection of charges against an Owner pursuant to this Section 5.2. 5.3. Maintenance by Owners. Each Owner, with respect to such Owner's Unit and Unit Parking Area, shall be responsible for all maintenance which is not the obligation of the Association or has not been assumed by the Association in accordance with its rights to elect certain common maintenance responsibilities. fu the event that maintenance relates to an improvement which provides a common benefit to adjoining Owners, such as but not limited to Party Walls, Stoops, Patios, shared sanitary sewer lines, roofs, and gutter systems, and one Owner fails, after written request from the other Owner, to reasonably cooperate in arranging, contracting for, or paying for such maintenance costs, either Owner may present the matter to the Board for an advisory opinion as to how the matter should be handled. If such an advisory opinion has been obtained and one Owner declines to cooperate in arranging, contracting for, or paying for such maintenance, then either Owner may submit the matter for binding arbitration as provided for in Article 6 of this Declaration. Further, if an Owner fails to follow the Board's advisory opinion and is not the prevailing party in a subsequent arbitration proceeding regarding the same matter, then such Owner shall be liable to the prevailing Owner for all of the prevailing Owner's reasonable costs of arbitration, including but not 12 limited to arbitration fees, witness fees, attorney fees, and the like, in an amount to be determined by the arbitrators and included in the final award by the arbitrators. 5.4. Permitted Uses, In General. The only use which may be established for each Unit is one attached, Single-Family Dwelling, excluding trailers, mobile homes, and prefabricated package homes. All Units shall be used only for housing, parking and related common purposes for which the Property was designed. Each Dwelling shall be used as a residence for a Single Family and no other purpose. No industry, business, trade, occupation or profession of any kind, commercial, religious, educational or otherwise, designated for profit, altruism, exploitation or otherwise, shall be conducted, maintained or permitted on any Unit. A resident shall not be considered to be actively engaged in the activities listed in this Section 5.4 if from time to time such resident meets with a customer, client or business associate at the Dwelling and said meetings do not occur on a frequent and regular basis. The restriction in this Paragraph 5.4 shall not, however, be construed in such a manner as to prohibit a resident from: a) maintaining a personal professional library therein; b) keeping personal business records or accounts therein; or c) handling personal or professional telephone calls or correspondence therefrom. Such uses are expressly declared customarily incident to the principal residential use and not in violation of any provision of this Section 5.4. 5.5. Prohibited Activities, In General. No noxious or offensive activity shall be conducted on, in or upon the Property, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No plants or seed or other conditions, harboring or breeding infectious plant disease or noxious or dangerous insects (specifically including bees) shall be introduced or maintained upon any part of a Unit. The use of bug lights that attract by fluorescent or other lamp and then eradicate by electrical current is prohibited. 5.6. Front and Side Yards. No improvements shall be allowed in any front or side yard except as maybe allowed in the sole and absolute discretion of the Board. 5.7. Rear Yards. The Board may promulgate reasonable rules and regulations regarding the use of rear yards, meaning the areas from the rear wall of the Dwelling extended to the lot line to the nearest boundary of the Parking Lot, with a view to preserving the aesthetics of the Development while allowing residents reasonable use of the rear yards to a comparable extent as enjoyed by owners of single family detached homes. By way of illustration, but not binding on the Board, the Board may choose to allow small flower or vegetable gardens, children's sandboxes or small play-sets, patio furniture, patio privacy fences, or similar permanent or temporary improvements or structures. No storage sheds or swimming pools of any type shall be allowed, including inflatable or removable children's pools. Other than a common fence established and maintained by the Association for screening purposes with necessary Village approvals (and Garbage Enclosure screening fences), no fences shall be allowed, except that the Board may approve Patio privacy fencing if requested by both Owners of adjoining Units on a lot. The Board shall exercise reasonable discretion in approving or disapproving such fences and may establish a uniform standard of design and material for same. 13 5.8. Subdivision of Units. No Unit shall be divided or subdivided, and no part of less than the whole thereof may be conveyed. 5.9. Storage of Materials. No Owner shall allow a resident of such Owner's unit to accumulate, store or allow on such Owner's Unit or Unit Parking Area abandoned or junked vehicles, litter, refuse (except within Garbage Enclosures), or other unsightly materials. No Unit shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be kept in sanitary, covered containers. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. 5.10. No Repair of Vehicles. The repair or maintenance of any motorized vehicle shall not be permitted, except for the washing or cleaning or such vehicle within an Owner's Unit Parking Area. 5.11. Alley and Parking Lot Access. There shall be no obstruction ofthe public alley abutting the Development, nor shall ready access to any Unit Parking Area reserved to another Owner be obstructed or impeded in any manner. 5.12. Animals and Pets. No animals of any kind shall be raised, bred or kept on any Unit, except that dogs, cats or other household pets may be kept subject to rules and regulations adopted by the Board, provided that they are not kept, bred or maintained for any commercial purposes, and provided further that any such pet causing or creating a nuisance or unreasonable disturbance shall be permanently removed from the Property upon ten (10) day's written notice from the Board. No Unit shall house more than two (2) dogs or two (2) cats or any combination thereof. Dog(s) must be leashed and attended when outside ofa Unit. ' 5.13. Radios and Antennae. The operation of a "ham" or other amateur radio station of the erection of any communication antennae or similar device (other than simple mast antennae less than two (2) feet tall located on a roof of a Dwelling) shall not be allowed unless approved in writing in advance by the Board. Satellite dishes up to two (2) feet in diameter are permitted with an acceptable landscape plan and approval from the Board. All antennae and satellite dishes must conform to and be permitted by the provisions of the Village Zoning Ordinance. Building permits must be obtained from the Village prior to the installation of any antennae or satellite dish. Notwithstanding any of the provisions of this Section, all satellite dishes must comply with all provisions of any federal and state regulations as they pertain to the installation and use of satellite dish receivers. 5.14. Grading. No person shall materially alter the grading or storm water flow on a Unit without the prior approval of the Board and, when required, the Village. All areas of the Units designed or intended for the proper drainage of storm water shall be kept unobstructed. 5.15. Sump Drains. Sump pump drainage from residential structures shall be directed towards splash blocks on grade. 5.16. Window Coverings. The covering of windows and other glass surfaces, whether by shades, draperies or other items visible from the exterior of any dwelling, shall be 14 subject to the rules and regulations of the Board, at such time as the same are enacted, but the same shall not be unreasonably regulated. 5.17. For Sale Signs. No "For Sale" or "For Rent" signs, advertising or other displays shall be maintained or permitted on any part of the Property, except at such locations and in such form as shall be reasonably and uniformly determined by the Board. 5.18. Storage of Excavation. No Owner shall allow excavation or fill to be created or installed upon a Unit. 5.19. Parking of Vehicles. No commercial vehicles (except, if allowed by the Village's general ordinances and of a size which can fit within a standard parking space, a pick-up truck, sport utility vehicle, or similar vehicle owned by the resident of a Unit and also used by such resident as a personal vehicle), mobile homes, motor homes, trailers, or other such vehicles, shall be parked in the Parking Lot or within any Unit, except on a temporary and non-recurring basis. Temporary means six (6) hours within a thirty (30) day period and then for the sole purpose of loading and unloading such vehicle, except this limitation shall not apply to contractor's vehicles when engaged in necessary maintenance or repairs. 5.20. Notices. Article 5 shall be enforced by written notice delivered to the alleged violator in person or by U.S. Mail, and if delivered by mail, then mailed by Certified Mail, postage prepaid, properly addressed, return receipt requested. If any violation is not corrected within ten (10) days, or within such time as may be designated in said notice, then a notice of hearing shall be delivered in the same manner as set forth above at least seven (7) business days prior to the hearing date for the violation, whether at a regular or special Board meeting. If the violation is not remedied by the meeting date, then the violator shall be subject to fines as established by the Board, a copy of which fine amounts shall be mailed to the alleged violator at least seven (7) business days prior to the meeting. The Board may grant the violator additional time to correct the violation. The Board may also initiate third party action to remedy the problem and charge the violator for the cost of the same. Each Owner by acceptance of a deed does hereby grant to the Association, its successors and assigns, a temporary easement onto his or her property for the limited purpose of remedying any violation which the Owner refuses or neglects to do after the Association has complied with the notice provisions of this Section 5.20. 5.21. Mortgagee Information. Any Owner who mortgages or sells a Unit shall notify the Board and provide the name and address of the mortgagee or new Owner in writing. 5.22. Board Regulations. Regulations promulgated by the Board concerning the use of the Property shall be observed by the Members and their residents. Copies of such regulation shall be made available to each Owner prior to the effective date thereof.\ 5.23. Posting. No Owner or resident shall post any advertisement or posters of any kind in or on the Property except as authorized by the Board. This provisions shall not apply to the Declarant's marketing signs prior to the Turnover Date. 15 SQ4. Interior Alterations. No interior alterations to a Dwelling are permitted which would impair the structural soundness of any Party Wall, reduce the levels of fire safety in neighboring Dwellings, or diminish the heat and sound insulation between adjoining Dwellings. 5.25. Line Drying. No garments, rugs, clothes or the like may be hung on a line to dry except within a Dwelling. ARTICLE 6 INSURANCE, PARTY WALLS AND ARBITRATION 6.1 PartvWalls. a. To the extent not inconsistent with the provisions of this Article, the general rule of law regarding party walls and liability for property damage due to negligence or willful acts or omissions, shall apply to each Party Wall or other integrated structural components shared by adjoining Dwellings as part of the original construction and any replacement or modification thereof. b. In the event that any portion of any structure, as originally constructed, including any Party Wall, shall protrude over an adjoining Unit, such structure or Party Wall shall not be deemed to be an encroachment upon the adjoining Unit, and Owners shall neither maintain any action for the removal of a Party Wall projection, nor any action for damages, In the event there is a protrusion as described in the immediately preceding sentence, it shall be deemed that said Owners have granted perpetual easements to the adjoining Owner or Owners for continuing maintenance and use of the projecting structure or Party Wall. The foregoing shall also apply to any replacements of any structures or Party Walls if same are constructed in conformance with the original structure or Party Wall. The foregoing conditions shall be perpetual in duration and shall not be subject to amendment of these covenants and restrictions. c. The cost of reasonable repair and maintenance of a Party Wall shall be shared equally by the Owners who make use of the wall. d. If a Party Wall is destroyed or damaged by fire or other casualty, and such damage is not otherwise covered by insurance, all Owners of Units sharing such wall shall contribute to the cost of restoration thereof in equal shares without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. e. Notwithstanding any other provisions of this Article, an Owner whose negligence or willful act causes the Party Wall to be exposed to the elements, shall bear the whole cost of furnishing the necessary protection against such elements. f. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title. 16 6.2 Arbitration. In the event of any dispute arising between one or more Owners, an advisory opinion of the Board shall first be sought as provided for in Section 5.3. If the advisory opinion of the Board does not resolve or lead to the resolution of the dispute, each Owner shall choose one arbitrator, in the manner provided in the following paragraph, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators. The decision of the arbitrators shall be binding and conclusive upon the parties. However, any party to the dispute shall thereafter have the right to institute any action or proceeding, at law or equity, which he deems necessary or desirable to enforce or appeal the arbitration result. All disputes between or among Owners shall be resolved by arbitration in accordance with the then existing rules of the American Arbitration Association. Such arbitration shall be conducted at the request of any Owner by notice to any other Owner, before three arbitrators (unless the parties subject to such arbitration agree to one arbitrator) designated as follows: The party requesting the arbitration shall designate, in writing within fifteen (15) days of such request, the name of an arbitrator who is a member of the American Arbitration Association and knowledgeable in the issues being arbitrated, and the other Owner or Owners shall make a similar designation within the same period of time. Within twenty (20) days after the designation as aforesaid, the two arbitrators shall select and designate a third arbitrator. In the event the two arbitrators chosen are unable to agree upon a third arbitrator, then the third arbitrator shall be designated by the American Arbitration Association. The arbitrators designated and acting under this agreement shall make their award in strict conformity with the Association's rules and shall have no power to depart from or change any of the provisions thereof unless expressly provided for in this Declaration. . Any such award shall be binding upon the parties and enforceable by any court exercising jurisdiction over the parties. Except as otherwise provided in Section 5.3, the Owner requesting arbitration shall bear one-half of the expenses or arbitration proceedings conducted hereunder (other than witness fees and attorneys' fees), and the other one-half of such expenses shall be borne by the other Owner or Owners participating in such arbitration, pro rata. All arbitration proceedings hereunder shall be conducted in the Cook County, Illinois. 6.3. Insurance. The Association shall be required to obtain and maintain adequate insurance on all of the Units which shall insure all the improvements thereon, including the Dwellings, for full replacement value with no deductions for depreciation against loss by fire or other hazards or in an amount sufficient to prevents the Owner's from being co-insurers. Such insurance shall be sufficient to cover the full replacement value, or for necessary repair or reconstruction work. The cost of such insurance shall be a Common Expense and shall be included in all annual Assessments. The purpose of such insurance will be to protect and preserve and provide for the continued maintenance and support of separately owned Units which include Party Walls, connected exterior roofs and other parts of the overall structure. Insurance obtained by the Association shall be in the name of the Association as trustee for the benefit of each Owner as to such Owner's Unit and shall also name as a loss payee as its interest may appear the institutional first mortgagee of a Unit if so requested in writing by the Owner. Unless otherwise required by the first mortgagee having a lien on the damaged Unit, the Association shall have the right to be the payee or a co-payee of the proceeds as trustee and shall have the right to reasonably approve any all plans and 17 contracts for the reconstruction or repair of the damaged or destroyed Dwellings, and to require that insurance proceeds, except proceeds paid to an institutional first mortgagee as the loss payee, be escrowed with a financial institution for payments to contractors awarded contracts for repair of damaged premises or replacement thereof, in the manner customarily applied to construction loan escrows. In the event the insurance proceeds are inadequate to completely repair or complete reconstruction of the Dwellings in a good and workmanlike manner according to plans and specification approved by the Board, each Owner shall be responsible for such Owner's respective share of the deficiency. If such Owner fails to deposit the required funds into the construction escrow, the Board may assess a charge against such Unit in an amount sufficient to cover said deficiency as determined in the discretion of the Board. If the insurance proceeds exceed the cost of rebuilding, such excess shall be paid over to the respective Owners in their respective shares or to such Owners' institutional first mortgagee in the amounts as shall be agreed upon by the Owners, the mortgagees and Board. All damage shall be repaired promptly. Owners shall be responsible for obtaining their own insurance for the contents of their Dwellings and any other assets or improvements on a Unit not covered by the insurance obtained by the Association In the event the Board adopts rules and regulations regarding the insurance of Dwellings designed to ensure the Association and each of Owners of Dwellings sharing a Party Wall, and their institutional first mortgagees, that damaged or destroyed Dwellings or parts thereof; or other improvements on a Unit or Units shall be adequately insured and the proceeds of insurance shall be available to repair or replace the Dwelling(s) despite the wrongful conduct of the Owner(s) of one of the adjoining Units, then the Association's obligation to obtain the insurance as set forth in the paragraph above may be abrogated and avoided. 6.4 Liability Insurance. The Board may procure liability insurance covering such persons and entities with respect to the Development in such amounts and under such terms as it reasonably deems necessary and appropriate The cost of such insurance shall be a Common Expense. ARTICLE 7 RIGHT OF FIRST MORTGAGEES 7.1. Right to Notice. Upon written request, any institutional first mortgagee of a Unit shall be entitled to and shall receive from the Association notices of any of the following as shall be requested. a. Any condemnation loss or casualty loss which affects a material portion of the units or which affects the unit on which its mortgage is held. b. Any lapse, cancellation, or modification of any insurance policy or fidelity bond maintained by the Association. c. damage. Any restoration or repair of the Property after partial condemnation or 18 d. Any termination of the legal status of the Association. ARTICLE 8 ARCHITECTURAL CONTROL 8.1. Architectural Control. No reconstruction, voluntary demolition, structural or permanent alteration of the exterior of the Dwelling, or alteration of or improvement to the yard areas of a Unit, or structural change of a Party Wall, of any type, shall be allowed until and unless: (1) the plans and specifications for the same have been presented to the Board by the Owner(s) of the respective Unites) and drawn showing the nature, kind, shape, size, architectural design, materials, location, proposed landscaping thereof and approximate cost; and (2) such plans and specifications shall have been submitted to and approved in writing by the Board. In the event that such plans and specifications have not been approved or disapproved by the Board in writing within forty-five (45) days after submission of such plans and specifications, such plans shall be deemed to have been disapproved unless the Owner submitting same agrees in a writing delivered to the Board to an extension of the time for review and approval or disapproval. The Board may approve, disapprove, or conditionally approve. The Board shall act reasonably except with respect to matters where this Declaration expressly provides that the Board or Association may act in its sole and absolute discretion. Any Owner requesting approval who is not satisfied with the action of the Board shall submit the matter to arbitration, which shall be conducted in the manner provided for in Section 6.2 of this Declaration, with the exception that one arbitrator shall be appointed by the Board. 8.2. General Review and Approval. Except for improvements shown on the PUD Plat, no building, or other structure shall be commenced, erected or maintained upon the Property, nor shall any exterior addition or change or alteration to a Dwelling or other structures be made, except such as are erected and approved by the Board, until written plans and specifications showing the nature kind, shape, height, materials, color scheme and location of the same and the approximate cost thereof shall have been submitted to and approved in writing by the Board. 8.3. Architectural Approval. The Board shall exercise its architectural approval power as set forth in this Article in a manner which will assure that all improvements to the Property will be of a design and appearance which is harmonious with one another. 8.4. Repair and Reconstruction. Subject to the provisions of Article 6 regarding application of insurance proceeds, in the event of damage to or destruction of any Dwelling or other improvement on any Unit, the Owners will, within a reasonable time after such destruction, repair or rebuild the same in a substantial and workmanlike manner with materials comparable to those used in the original structure, and shall conform in all respects to the laws or ordinances regulating the construction of such structures in force at the time of such repair or reconstruction. The exterior of such structure, when rebuilt, shall be substantially the same as, and of architectural design conforming with, the exterior of such structure immediately prior to such damage or destruction unless approval is obtained pursuant to Section 8.1. If an Owner fails to make the necessary repairs or reconstruction within thirty (30) days after written notice from the Board, the Board may cause the same to be done and the cost of thereof shall be charged to such Owner as a personal obligation and 19 shall be a lien on such Owner's Unit subject to recordation and collection in accordance with all statutes and case law as now or hereafter amended and the applicable provisions of this Declaration. Pursuant to this Section 8.4, each Owner hereby grants a temporary easement to the Association for the limited purpose of repair and reconstruction in accordance with the terms of this Declaration. ARTICLE 9 LEASE OF UNITS Any lease agreement between an Owner and lessee shall be in writing and shall provide that the terms of such lease are subject in all respects to the provisions of this Declaration, and Articles of Incorporation, By-Laws and rules and regulations of the Association, and that failure by the lessee to comply with the terms of such documents, rules and regulations shall be a default under the lease. To verifY this, a rider, must be signed and attached to every lease and returned to the Board. Notwithstanding, no lease is to be for a term of less than six (6) months. Other than the foregoing, there is no restriction on the right of an Owner, including Declarant, to lease any Unit it owns. ARTICLE 10 GENERAL PROVISIONS 10.1. Enforcement. In addition to all other rights herein granted to the Association, the Association may enforce the provisions of this Declaration and the Articles of Incorporation, By-Laws and rules and regulations of the Association by any proceeding at law or in equity against any person or persons violating or attempting to violate any such provisions. All rights and remedies may be exercised at any time and from time to time, cumulatively or otherwise, and the failure of the Association to enforce any such provisions shall in no way be deemed a waiver of the right to do so thereafter. All expenses incurred by the Association in connection with any such proceedings, including court costs and attorney fees, together with interest thereon at the highest rate of interest permissible by law, shall be charged to and assessed against any Owner violating any such provisions and shall be added to and deemed a part of such Owner's Assessment and constitute a lien on his Unit and be enforceable as provided in this Declaration. If any Owner, lawful resident or guest, violates any provisions of this Declaration, the Articles of Incorporation, the By-Laws, or the rules and regulations of the Association, the Board may, after affording the Owner an opportunity to be heard, levy a reasonable fine (not to exceed $250.00 in any given instance, per day) against such Owner, and such fine shall be a charge against the Unit and constitute a lien on such Owner's Unit and be enforceable as provided in this Declaration. In addition, the Association shall have the right of specific performance for enforcement of this Declaration. 20 10.2. Unavoidable Delays. No Owner shall be deemed to be in default in the performance of any obligation under this Declaration if and so long as non-performance of such obligation shall be directly caused by fire or other casualty, national emergency, governmental or municipal laws or restrictions, enemy action, civil commotion, strikes, lockouts, inability to obtain labor or materials, war or national defense preemptions, acts of God or similar causes beyond the reasonable control of such Owner (the "Unavoidable Delay") 10.3. Owner Cooperation. In fulfilling obligations and exercising rights under this Declaration, each Owner shall use its best efforts to keep interference with the property and operations of the other Owners to a minimum and, to that end, will give to each other Owner reasonable advance notice of work which may interfere with the property or operations of such other Owner and will arrange with such other Owners for reasonable and definite times and conditions at and under which such work shall be done. lOA. Headings. Headings of Articles are for convenience of reference only, and shall not be construed as a part of this Declaration. 10.5. Severability. Invalidation of any provisions of this Declaration by judgment or court order shall not affect any other provision hereof, all of which shall remain in full force and effect. 10.6. Title in Land Trust. In the event title to a Unit is conveyed to a title-holding trust under the terms of which all powers of management, operation and control of the Unit remain vested in the trust beneficiary or beneficiaries, then the beneficiary or beneficiaries thereunder from time to time shall be responsible for payment of all obligations, liens or indebtedness and for the performance of all agreements, covenants and undertakings chargeable or created under this Declaration against such Unit or improvements thereon. No claim shall be made against any such title holding trustee personally for payment of any lien or obligation hereunder created and the trustee shall not be obligated to sequester fund or trust property to apply in whole or in part against such lien or obligation, unless and until the beneficiary of said trust is more than thirty (30) days in arrears. The amount of such lien or obligation shall continue to be a charge or lien upon the Unit, the improvements thereon, if any, and the beneficiaries of such trust, notwithstanding any transfer of the beneficial interest of any such trust or any transfers of title of such Unit. 10.7. Amendments. Subject to the Conditional Use Ordinance, the applicable provisions of this Declaration and the rights of the Village, this Declaration may be amended only by an instrument in writing setting forth such amendment signed and acknowledged by fifty one percent (51 %) of the Members, or that is approved at a duly called and held general or special meeting of Members, by the affirmative vote, either in person or by proxy, of a majority of the total votes of the members, and containing a certification by an officer of the Association that said instrument was duly approved as aforesaid. No amendment shall be effective until duly recorded in the Office of the Recorder of Deeds of Cook County, Illinois. Notwithstanding the foregoing no amendment may be made to the rights of institutional first mortgagees without the mortgagee's written consent, and no amendment may be made whichhwould diminish the duties and obligations to or the rights of the Village contained in the 21 Conditional Use Ordinance adopted by the Village, or which would allow or provide for the dissolution of the Association, without the written consent of the Village. 10.8. Special Amendment. Declarant reserves the right and power to record a special amendment ("Special Amendment") to this Declaration at any time prior to the Turnover Date and from time to time prior to Turnover Date which amends this Declaration (i) to comply with the requirements of the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Department of Housing and Urban Development, the Federal Housing Association, the Veteran's Administration, or any other governmental agency or any public, quasi-public or private entity that performs (or may in the future perform) functions similar to those currently performed by such entities, (ii) to induce any of such agencies or entities to make, purchase, sell, insure, or guarantee first mortgages encumbering any Unit, (iii) to correct clerical or typographical errors in this Declaration or any exhibit hereto or any supplemental or amendment thereto or (iv) to modifY provisions that make the Units unmarketable. In addition, a Special Amendment shall also be deemed to include, until the Turnover Date, such amendment to this Declaration as Declarant elects to record at any time and from time to time for any other purpose, so long as such amendment will not materially impair the rights of the Owners hereunder or materially increase the expense to be borne by them hereunder. In furtherance of the foregoing, a power coupled with an interest is hereby reserved and granted to the Declarant prior to the Turnover Date to vote in favor of, make, or consent to a Special Amendment on behalf of each Owner as proxy or attorney in fact, as the case may be. Each deed, mortgage, trust deed, other evidence of obligation, or other instrument affecting a Unit and the acceptance thereof shall be deemed to be a grant and acknowledgment of, and a consent to the reservations of, the power to the Declarant to vote in favor of, making, execute and record Special Amendments. Notwithstanding any of the foregoing, the Declarant may not record a Special Amendment which in any manner diminishes the duties and obligations of the Declarant, Owners, the Village or the Association in accordance with the provisions contained in this Declaration or the Conditional Use Ordinance during the term of each. 10.9. Limitations. All headings set forth herein are intended for convenience only and shall nor be given or construed to have any substantive effect on the provisions of this Declaration. The singular shall include the plural wherever the Declaration so requires, and the masculine and feminine and neuter and vice versa. 10.10. Assignment. Notwithstanding anything herein to the contrary, the Declarant reserves the right to transfer, assign, mortgage or pledge any and all of either respective privileges, rights, title and interests hereunder or in the Property, by means or recording an assignment of such with the Office of the Recorder of Deeds of Cook County, Illinois. 10.11. Mailing Address. Each Owner of a Unit shall file the correct mailing address of such Owner with the Association and shall notify the Association promptly in writing of any subsequent change of address. If any Owner shall fail to so notifY the Association, the mailing address for such Owner shall be the street address of the Unit owned by such Owner. The Association shall maintain a file of such addresses. Except as other provisions of this Declaration expressly provide to the contrary, a written or printed notice, deposited in the United States Mail, postage prepaid, and addressed to any Owner at the last address filed by 22 such Owner with Declarant shall be sufficient and proper notice to such Owner shall be deemed delivered on the third (3rd) day after deposit in the United States mail. In the event that no Dwelling is then in existence upon a Unit then the taxpayer's address for the Unit shall suffice as the address for mailing purposes. 10.12. Binding Effect. This Declaration shall be of perpetual duration unless canceled in a written document signed by all Owners and by a representative of the Village pursuant to authorization by the Village Board. The covenants and restrictions of this Declaration shall run with and bind the Property and shall inure to the benefit of and enforceable by the Association or the Owner of any Unit subject to this Declaration, their respective legal representatives, heirs, successors and assigns. 10.13. Resale of Unit. In the event of any resale of a Unit by an Owner other than the Declarant, such Owner shall obtain from the Board and shall make available for inspection to the prospective purchaser upon demand the following: a. A copy of the Declaration, By-Laws and any rules and regulations. b. A statement of any liens, assessments due or other charges due and owmg. c. A statement of any capital expenditures anticipated by the Association within the current or succeeding two fiscal years. d. A statement of the status and amount of any reserve or replacement fund or any portion of such fund earmarked for any specified project by the Board. e. A copy of the statement of financial condition of the Association for the last fiscal year for which such statement is available. f. A statement of the status of any pending suits or judgments in which the Association is a party. g. A statement setting forth the insurance coverage that is provided for all Owners by the Association. The President of the Association or such other officer as is specifically designated shall furnish the above information when requested to do so in writing and within thirty (30) days of the request. A reasonable fee covering the direct out-of-pocket cost of providing such information and copying may be charged by the Association or the Board to the seller for providing such information. 10.14. Records of the Association - Availability for Examination. The Board shall maintain the following records of the Association available for examination and copying at convenient hours on weekdays by each Owner or their first mortgagees and their duly authorized agents or attorneys: 23 a. Copies of the recorded Declaration and By-Laws and any amendments, Articles of Incorporation of the Association, annual reports and any rules and regulations adopted by the Association or its Board. b. Detailed accurate records in chronological order of the receipts and expenditures affecting the areas maintained by the Association specifying and itemizing the maintenance and repair expenses and any other expenses incurred, and copies of all contracts, leases, or other agreements entered into by the Association. c. The minutes of all meetings of the Association and the Board, which shall be maintained for a period of not less than seven (7) years. d. Such other records of the Association as are available for inspection by members of a not-for-profit corporation pursuant to Section 25 of the General Not- For-Profit Corporation Act, approved July 19, 1943, as amended, shall be maintained. A reasonable fee may be charged by the Association or its Board for the cost of copymg. ARTICLE 11 COMMON INTEREST COMMUNITY The Association shall act and operate as a Common Interest Community as defined in Illinois Compiled Statutes, as from time to time amended. The Declaration and By-Laws shall be deemed to be amended as necessary to comply with any statute relating to Common Interest Communities, and the Declarant or Board may record such documents as are necessary to effect this compliance. IN WITNESS WHEREOF, the Declarant has caused its name to be affixed to these presents as of the date and year first above mentioned. SK PARTNERS ill LIMITED PARTNERSHIP, an Illinois Limited Partnership BY: SALVATORE J. DIMUCCI MARITAL TRUST No.7, its general partner and SALVATORE J. DIMUCCI MARITAL TRUST No.7, an Illinois Grantor Trust, Each By: Yvonne A. DiMucci, Trustee 24 STATE OF ILLINOIS ) COUNTY OF ) Yvonne A. DiMucci this day personally appeared before me, a Notary Public in and for said State and County, personally known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged that she signed and delivered the said instrument in as her free and voluntary act, and as the free and voluntary act and deed for the uses and purposes therein set forth. GWEN under my hand and Notarial Seal, this _ day of ,2006. Notary Public My Commission Expires: 25 EXHIBIT A LEGAL DESCRIPTION LOTS 1 THROUGH 14 IN Dllv1UCCI'S RESUBDIVISION OF LOTS 2 TO 23, INCLUSIVE IN BLOCK 4 IN PROSPECT PARK SUBDIVISION NO 1, BEING A SUBDIVISION OF THE WEST HALF OF THE NORTH 60 RODS OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Address: 401 through 455 Elmhurst Road, Mount Prospect, Illinois Tax I.D. No's. 08-12-300-031-0000 through 08-12-300.;044-0000 (14 parcels) 26 [Attached and following] EXHIBIT B--PUD PLAT 27 EXHIBIT C--P ARKING AND GARBAGE ENCLOSURE PLAN With reference to the attached and following plan, the Unit Parking Areas and Unit Parking Area Easement Rights, Visitor Parking Spaces, and Garbage Enclosure Easement Rights are as designated below: Parcel No. Unit Parkin2 Area Space Numbers Garba2e Enclosure Location 1 2 and 3 2 4 and 5 3 6 and 7 4 9 and 10 5 12 and 13 6 15 and 16 7 17 and 18 8 20 and 21 9 22 and 23 10 24 and 25 11 26 and 27 12 28 and 29 13 30 and 31 14 32 and 33 15 34 and 35 16 36 and 37 17 38 and 39 18 40 and 41 19 42 and 43 20 44 and 45 21 46 and 47 22 48 and 49 23 50 and 51 24 52 and 53 25 54 and 55 26 56 and 57 27 58 and 59 28 60 and 61 Parcel 2 Parcel 2 Parcel 3 Parcel 4 Parcel 6 Parcel 6 Parcel 8 Parcel 8 Parcel 10 Parcel 10 Parcel 12 Parcel 12 Parcel 14 Parcel 14 Parcel 16 Parcel 16 Parcel 18 Parcel 18 Parcel 20 Parcel 20 Parcel 22 Parcel 22 Parcel 24 Parcel 24 Parcel 26 Parcel 26 Parcel 27 Parcel 27 Visitor Parking Spaces: 1,8, 11, 14 and 19. 28 APPLICATION FOR CONDITIONAL USE FOR PLANNED UNIT DEVELOPMENT ELMHURST TOWNHOMES APPLICANT'S RESPONSE TO CONDITIONAL USE STANDARDS 1. That the establishment, maintenance of operation of the conditional use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare. RESPONSE: The effect of granting a conditional use for the proposed Residential Planned Unit Development will be to continue and improve the current development and use ofthe property. The Planned Unit Development status merely will facilitate the conveyance of townhouse residences of what are now 28 rental units on 14 lots, each developed with a two-family, duplex building. These duplexes were built in the 1950's but have been well-maintained and are readily adaptable to townhouse ownership. The only physical changes to the property will be some curbing and lighting at the parking areas and some landscaping improvements. The primary purpose for seeking a conditional use for a Planned Unit Development is to encourage and facilitate owner occupancy. The 28 townhouse residences will be subject to a recorded declaration and the development will be governed by a homeowners association. This will ensure a common and high standard of property maintenance. As a result, the establishment, maintenance and operation of the Planned Unit Development will be beneficial and will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. 2. That the conditional use will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located. RESPONSE: For all of the reasons set forth in Response No. I above, the proposed grant of the Planned United Development status for the property will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish or impair property values within the neighborhood. The current development will continue essentially as is, with certain site improvements, but will be newly subject to uniform property maintenance standards and will benefit from owner occupancy. 3. That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. RESPONSE: The grant of the proposed Planned Unit Development status for the property will not impede the normal and orderly development or improvement of the surrounding property for uses permitted in the district. The property will continue essentially as it has for approximately 50 years. Further, the surrounding properties already have been developed. CHIl 1122755vl .M. 4. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets. RESPONSE: The property has been developed and occupied for over 50 years. The property has been and will continue to be served with adequate public utilities, access roads, drainage and facilities. 5. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets. RESPONSE: The proposed Planned Unit Development status will not change the means of access to or egress from the property. The residents currently have vehicular access to the public roadways through a public alley located at the rear yard of each of the lots. No changes are proposed to the access. 6. That the proposed conditional use is not contrary to the objectives of the current Comprehensive Plan for the Village. RESPONSE: The Comprehensive Plan for the property calls for low-density multi-family development on the property, which is consistent with its current development and proposed Planned Unit Development status. The grant of a conditional use for a Planned Unit Development does not change the character of the development nor its conformity to the Comprehensive Plan. 7. That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant to the recommendations of the Planning & Zoning Commission. RESPONSE: The property was developed in accordance with the regulations in effect at the time of development during the 1950's. To the extent those regulations have been expanded or amended, the property enjoys a legal non-conforming status. The proposed Planned Unit Development status will allow the existing development to continue, but as 28 townhouse parcels which are more likely to be owner occupied than the current 14 duplex properties, which are currently and in the future more likely to be rental properties. To accommodate this desirable change, the Planned Unit Development must allow the existing property to continue its legal non-conforming status as to regulations which have been added or amended since its original development. In other respects, the property will conform to the applicable regulations of the district, except as modified through the Planned Unit Development process pursuant to the recommendations of the Planning and Zoning Commission. The Applicant has submitted a Zoning Code Analysis identifying various exceptions from the current requirements of the district. APPLICANT'S ZONING CODE COMPLIANCE ANALYSIS FOR ELMHURST TOWNHOMES PLANNED UNIT DEVELOPMENT The following is the Applicant's attempt to identify and address compliance issues with respect to the Mount Prospect Zoning Ordinance as it applies to the proposed Planned Unit Development for Elmhurst Townhomes. This analysis is the Applicant's good faith attempt to identify and interpret applicable regulations. The Village may determine that the analysis is in part inaccurate and/or incomplete, in which event the Applicant requests that additional exceptions be allowed, to the extent necessary, in order to allow the proposed Planned Unit Development to be established by adding those physical enhancements to the existing site development as are proposed by the Applicant in the submitted plans. Section 14.303: The current lots and structures are legally non-conforming and may continue as regulated by Article IV of the Zoning Ordinance. Section 14.306A.2: Except as otherwise specifically allowed, no accessory structure is allowed in a required side yard. Exceptions: Exceptions are required for certain existing structures. The garbage can enclosures, the patios and the parking lot improvements extend into required side yards. These existing structures should be allowed to continue as exceptions because they are legally non-conforming, beneficial and essential to the development. Also, the garbage can enclosures are so located in order to be accessible from the existing walkways. In order to provide parking lot improvements, curbing along the extent of the lot is proposed, as is additional lighting. Six new light poles are proposed in the locations that will best provide the light levels in the entire parking lot required by the Zoning Ordinance. Exceptions should be allowed for the curbing and these pole locations because of the safety and security benefits they provide to all the owners. Section 14.306B.2: For lots less than 55 feet wide detached accessory structures must be set- back 3 feet from any interior side or rear lot lines. For lots greater than 55 feet, the setback requirement is 5 feet. The development has lots both less than and more than 55 feet wide. Exceptions: As noted above, various existing structures, including the patios, the garbage can enclosures, and the parking lot improvements do not comply but should be allowed exceptions to remain. Functionally, the parking spaces off the alley are akin to driveway spaces which are allowed in a required front yard. Thus, for these existing homes the existing "driveway" parking should be allowed in a required rear yard, particularly when the only vehicular access is through the alley at the rear instead of the street at the front. Further, there is no practical alternative to allowing the parking to remain at its current location. For the same reasons noted above, the proposed parking lot curbing and lighting should be allowed as exceptions because of the benefits provided. 1 eRIl 1125168v3 Section 14.306E.4: Subsection A limits the width of walkways in rear or interior side yards to 3 feet in width and Subsection B limits the width to 8 feet in the front yard if providing direct and singular means of access to the primary entrance; otherwise the maximum is 5 feet. Exceptions: The existing walkways comply in most respects, although the existing front porches (11' by 4') and the existing rear porches (4' by 4') might be construed to be subject to these provisions and out of compliance. If so, they should be allowed to continue under an exception and as legal non-conforming structures because the cost of reconfiguring the existing front and rear stoops is not proportionate to any perceived benefit. Also, the apron for the front porch tapers. At points it is somewhat greater than 8 feet in width. These aprons should be allowed to continue as an exceptionfor the same reasons. Further, Section 14.402B allows existing, non-conforming driveways, patios and sidewalks to be replaced in the same location without complying with bulk regulations if they are in a residential district. This shows an intent by the Village to allow oversized walkways to be maintained and even replaced as originally permitted. Section 14.504 identifies the standards for planned unit developments as being (1) the conditional use permit standards, and (2) specific standards for planned unit developments. There are standards for planned unit developments with use exceptions and standards for planned unit developments with other exceptions. There are no use exceptions in the proposed unit development, but there are other exceptions. Accordingly, a response to the general standards set forth in Section 14.504A is set forth in Rider 1 attached hereto and a response to standards for planned unit developments with other developments is set forth in Rider 2 attached hereto. A response to standards for conditional use permits is set forth in a separate document. Section 14.1102A identifies two-family dwellings as an allowed use in the R-2 zoning district. Section 14.1103 identifies a residential planned unit development as an allowed conditional use in the R-2 zoning district. Section 14.1105 establishes a minimum lot size of 8,125 sq. ft. for a two-family dwelling. The minimum lot width is 65 ft., except for corner lots where the minimum lot width is 75 ft. Exceptions: The 14 existing lots do not meet the minimum width requirement nor the minimum lot size requirement. All are undersized and average about 6,618 s.f. Exceptions are required and should be allowed because these are existing and legally non-conforming lots, and because the proposed PUD will not result in the creation of any new buildings or dwelling units. Section 14.1105B establishes yard requirements in the R-2 District. Front yards must be 30 ft. Interior side yards must be 10% ofthe lot width, but not less than 5 ft. Exterior side yards must be 20 ft., and rear yards must be 25 ft. Exceptions: Several of the lots have a front yard of more than 29 feet, but less than 30 feet, requiring a minor exception, which should be allowed in light of the legally non- conforming status of the development and the extreme hardship which would be involved in coming into compliance to cure an extremely minor deviation. Some side yard exceptions are needed to allow the continuation of the existing development. These existing 2 CHIl 1125168v3 conditions enjoy a legally non..,conforming status, and there is not feasible way of eliminating the deviations. Section 14.1105C establishes a maximum impervious coverage of 50% per lot. Exceptions: The table of lot coverage shown on page 3 of the Planned Unit Development plan set shows that the overall site impervious coverage is 49%, which meets regulations, but there some of the 14 existing lots that slightly exceed 50% coverage, with the highest percentage being 55% and the lowest being 40%. Thus, the slight deviations over the maximum are offset within the overall site. These are existing and legally non-conforming conditions which would not be feasible to bring into compliance, and they should be allowed to continue as an exception. Section 14.2201A provides that for properties where a building permit has been issued before the effective date of the parking regulation, the parking may be provided as required by the permit in lieu of any different amounts required by this regulation. Thus, deficiencies in the amount of parking provided, if any, have a protected status under the Zoning Code. Section 14.2206 regulates the provision of parking off of the relevant lot and requires that it be by an approved deed or long term lease. Because of the geometry ofthe existing development (following the curve of Elmhurst Road at the front), the most efficient parking layout results in a situation where not every dwelling's parking spaces (two) can be located wholly on the same lot parcel of the particular dwelling. There are some parking spaces that are in whole or in part on another parcel or lot. However, the Declaration establishes permanent easement rights for each dwelling to two spaces and also creates five spaces reserved for visitors. The Declaration, upon recording, appears to meet the ordinance requirement. Section 14.2216 requires that all parking stalls and aisles shall be per the dimensions set forth in Figure 1. Figure 1 requires 18 foot long by 9 foot wide parking spaces, with a 24 foot aisle. Exceptions: The parking stalls meet the required length and width. Because direct access to each space is provided from the public alley, the aisle requirement should be deemed not to apply. To the extent the regulation is read to require such an aisle, an exception should be allowed so that the existing parking configuration can continue in light of the lack of feasible alternatives. This allows the development to comply with requirements as to the number of spaces without taking up existing green space. Section 14.2217 A provides that in a residential district, off-street parking shall meet the required setbacks of the district. The rear yard setback requirement in the R-2 district is 25 feet. Exceptions: Because the existing parking must continue at its location at the rear lot line, an exception is needed. This should be allowed because the only vehicular access available to these properties is through the rear alley, making the parking areas functionally the same as a front yard driveway for homes which have access from a public street. Front yard driveways do not have to meet setback requirements, and residents are allowed to park in those driveways. 3 eRIl 1125168v3 __,~"=~""_'"",&="""",=_",,",,,,,,~,."'."'.~~'O."""'"<"'~"___~'_~___."____~=,=,r"",f;;""''''''_~'_______'_.__'_"_'~WA"'''''~:''''~'''-"'''''''''~''"''''''''_ Section 14.2219: All parking lots with more than four (4) spaces must provide parking lot lighting meeting the specific requirements set forth as to equipment, glare, foot candles at the property line, protection of poles, etc. Although the proposed lighting plan complies with most aspects of these regulations, some problematic, pertinent restrictions are maximum light level at a property line abutting a right of way (which includes an alley)--.5 foot-candle--and at a property line abutting a residential property--.1 foot-candle. Exceptions: Although one might argue that no lot has more than four spaces and thus Section 14.2219 does not apply, Village staff has advised that this regulation will be interpreted to apply in light of the fact that parking is being provided in a contiguous area for all 28 dwellings. Staff also has advised that the lighting must provide the minimum brightness required, which it does. However, in order to obtain an efficient coverage in a safe manner, the new poles must be located at the front of the parking instead of along the alley where they would interfere with access. Most likely, this has made it more difficult to achieve greater reductions in light levels at the property lines by manipulating the angle of the light pattern. Thus, although the light levels at the property line and along the alley are reasonably low, they do not meet the regulated maximums. This deviation should be allowed as an exception in light of practical difficulties in achieving a light pattern which fully meets all requirements and because the location at the property line is not one of particular sensitivity. In fact, it is arguable that the slightly elevated light levels proposed are preferable for security reasons in the alley, which is mostly characterized by garage doors, with the adjacent residences being set back a substantial distance from the alley. In fact, the Village currently provides lighting in the alley on two utility poles. These provisions are intended to protect those using the parking lot as well as minimize impacts on adjacent properties. The proposed lighting plan appears to meet both goals of the regulations. Section 14.2223 requires that open automobile parking areas containing more than four (4) parking spaces be effectively screened from abutting residential as per the requirements of the landscape regulations. Exceptions: Again, staff has advised that the parking area will be deemed to be a parking lot, making this regulation applicable unless the parking is not be deemed to "abut" a residential area. If the screening requirement applies, there is landscape screening at the two ends of the parking area, but it is impossible to screen along the alley and still have vehicular access. Thus, if necessary, an exception should be allowed. Section 14.2224 requires two parking spaces per unit for two-family dwelling units. These are being provided per easements created in the Declaration, with an additional five spaces, making 61 total spaces. Section 14.2306 establishes various requirements for parking lot landscaping which are applicable to parking lots designed for four or more parking spaces. Exceptions: As noted above, staff has advised that the parking area will be treated as a single parking lot. Because the area available for parking is limited, and the parking being provided is located wholly within the existing paved area, an exception should be allowed to 4 eRIl 1125168v3 "-"""'""""""'X"=""""",.',"'i,.;:?!,,,,5l'G.''0'07.J;'''''$'m.,.,,,".7-'".,=,,,,~-------,.-..,~~--_._- . . continue maximizing the number of spaces provided. For example, there is a requirement for 5% interior landscaping. These planting areas must be a minimum of 64 square feet and dispersed throughout the parking area. Changing these conditions, which have existed for over 50 years, in order to provide some small landscape areas which would be visible by non-residents only from an alley, would reduce the number of spaces available. In these circumstances, the benefit of the additional parking outweighs the benefit of additional interior landscaping. There is also a requirement for perimeter landscaping if the parking lot is across from residential property. As noted above, the parking is screened except where that would preclude the sole means of access. Section 14.307 establishes requirements for foundation landscaping. Essentially, there is a 10 foot landscape perimeter area required around all buildings that must remain open and free from paving except for where walks to buildings and other similar paving is required. There are specific planting material specifications as well as requirements for sodding except for the areas of the planting beds themselves. Exceptions: Exceptions are necessary because it is not possible to meet the foundation and landscaping requirements for several reasons. One is that there is not even 20 feet of space between the buildings in many areas. The proposed landscape plan generously adds foundation plantings to the extent allowable within the constraints of (a) the existing construction and (b) minimum bed widths needed for viable planting. The foundation planting requirement, if read literally, would seem to require that there be a 10 foot landscaped area between the building and the concrete patio. This is contrary to conditions at typical residential development for single-family or two-family dwellings making it reasonable to assume that the regulation is not intended to apply to patio areas. Support for this position is found in the Appendix of Illustrations at Exhibit 14.304D1(b), which includes a depiction of a patio abutting the rear of a house. 5 CHIll125168v3 RIDER 1 TO ZONING CODE COMPLIANCE ANALYSIS FOR ELMHURST TOWNHOMES Response to General Standards for Planned United Development 1. Except as modified by and approved in the final development plan, the proposed development complies with the regulations of the district or districts in which it is to be located. RESPONSE: The property was developed in accordance with the regulations in effect at the time of its development during the 1950's. To the extent those regulations have been expanded or amended, the property enjoys a legal non-conforming status. The proposed planned unit development status will allow the existing development to continue, but as 28 townhouse parcels which are more likely to be owner occupied than the current 14 duplex properties, which are currently and in the future more likely to be rental properties. To accommodate this desirable change, the planned unit development must allow the existing property to continue its legal non- conforming status as to regulations which have been added or amended since its original development. In other respects, the property will comply with the regulations ofthe district in which it is to be located except as modified by and approved in the final development plan. 2. The principal use in the proposed planned unit development is consistent with the recommendations of a comprehensive plan of the village for the area containing the subject site. RESPONSE: The comprehensive plan for the property calls for low-density, multi-family development on the property, which is consistent with its current development and its proposed planned unit development status. The principal use will be 28 townhomes in 14 two-family structures. 3. That the proposed planned unit development is in the public interest and is consistent with the purposes of this zoning ordinance. RESPONSE: The zoning ordinance allows the continuance of existing development which has a legal, non-conforming status. The property will continue to be used and occupied essentially as previously developed, but with certain improvements to the parking area and landscaping. Planned unit development status of the property will result in certain benefits consistent with the purposes of the village's zoning ordinance. The properties will be subjected to a declaration and governed by a homeowner's association that will help insure a common and high standard of property maintenance. In addition, owner occupancy of individual townhome units rather than rental status of duplex units will be facilitated and encouraged, thus promoting higher standards of individual unit maintenance. 4. That the streets have been designed to avoid: a. inconvenient or unsafe access to the planned unit development; b. traffic congestion in the streets which adjoin the planned unit development; CHIl 1125620vl c. an excessive burden on public parks, recreation areas, schools, and other public facilities which serve or are proposed to serve the planned unit development. RESPONSE: All of the development within the planned unit development already has occurred and has been in place for approximately 50 years. There is no proposed change in street access and no new streets or easements of access are being proposed. There will be no new traffic generation as a result of the grant ofPUD status. The grant ofPUD status also will not present any new or additional burden on public parks, recreation areas, schools or other public facilities as the use will continue as it has for approximately 50 years. 2 CHIl 1125620vl "':',:'C_::'0,:"":""=,,~,,==,,,:,'"~~":'-i'_",,O"''''';~''''''~"'="'~'=="""''''='',"",,,,,,,,;,,,,,,,,---,-.,.,~-------_._'"''''=~~'''''''':''''"'''''''''''-..- RIDER 2 TO ZONING CODE COMPLIANCE ANALYSIS FOR ELMHURST TOWNHOMES Response to Standards for Planned United Developments With Other Exceptions 1. Any reduction in the requirements of this chapter is in the public interest. RESPONSE: The zoning ordinance allows the continuance of existing development which has a legal, non-conforming status. The property will continue to be used and occupied essentially as previously developed, but with certain improvements to the parking area and landscaping. Planned unit development status for the property will result in certain benefits consistent with the purposes ofthe village's zoning ordinance. The properties will be subjected toa declaration and governed by a homeowners' association that will help insure a common and high standard of property maintenance. In addition, owner occupancy of individual townhome units rather than rental status of duplex units will be facilitated and encouraged, thus promoting higher standards of individual unit maintenance. 2. The proposed exceptions would not adversely impact the value or use of any other property. RESPONSE: The proposed exceptions do not result in any major physical changes to property that has been developed for approximately 50 years. The value and use of other properties in the area will not be changed because there will be no change in the physical conditions of the site. The only potential impact would be a beneficial impact as a result of the subject site (a) being governed by homeowners' association pursuant to a declaration with a common maintenance standard, and (b) being owner occupied instead of tenant occupied. 3. That such exceptions are solely for the purpose of promoting better development which will be beneficial to the residents or occupants of the planned unit development as well as those ofthe surrounding properties. RESPONSE: The exceptions are solely for the purpose of making it possible and feasible to convert rental duplex properties into owner occupied townhouse properties, all of which will be beneficial to the residents of the planned unit development as well as residents of surrounding properties. 4. That in residential planned unit developments, the maximum number of dwelling units allowed shall not exceed by more than ten percent (10%) the number of dwelling units permitted in that zoning district except that planned unit developments in the B4 core district may have densities not to exceed eighty (80) units per acre. RESPONSE: The planned unit development status will not alter the existing density of development. The existing development can continue at its current density level as a legal non- conforming use. No new dwelling units are proposed. 1 CHIl 1125620vl , . 5. That all buildings are located within the planned unit development in such a way as to dissipate any adverse impact on adjoining buildings and shall not invade the privacy of the occupants of such buildings and shall conform to the following: a. The front, side or rear yard setbacks on the perimeter of the development shall not be less than that required in the abutting zoning district(s) or the zoning district underlying the subject site, whichever is greater. b. All transitional yards and transitional landscape yards of the underlying zoning district are complied with. c. If required transitional yards and transitional landscape yards are not adequate to protect the privacy and enjoyment of property adjacent to the development, the planning and zoning commission shall recommend either or both of the following requirements: 1. All structures located on the perimeter of the planned unit development must set back by a distance sufficient to protect the privacy and amenity of adjacent existing uses; 11. All structures located along the entire perimeter of the planned unit development must be permanently screened with site proof screening in a manner which is sufficient to protect the privacy and amenity of adjacent existing uses. d. That the area of open space provided in a planned unit development shall be at least that required in the underlying zoning district. RESPONSE: No new buildings are proposed to be located within the planned unit development. All of the buildings and structures, other than some beneficial, minor, parking lot lighting, curbing and some beneficial landscaping improvements, date back to the original development of the property in the 1950's. That development enjoys a legal non-conforming status which will continue even if the request for planned unit development status is rejected. Thus, the grant or denial of planned unit development status will not have any adverse impact on adjoining buildings or the privacy of the occupants of such buildings. Any requirement to bring the existing site into compliance with all current regulations, to the extent the site does not currently comply, would not result in any benefit to residents of adjoining properties as the result would be continuation of the existing development in its current rental property status, with none of the improvements that are proposed under the proposal for planned unit development status. 2 CHIl 1125620vl "~._",._~_,~.~_R^~=L..,==...,..",.==""~,.",..,r""~"""'.Yo''''''"'''3i,='C,<;;,<;;,O(.""~;';lS."""..,=~.,..,~^""==,--........,..~~..__.,-_.,"""","",,,,,~=,,,=,,,,=;>..,,=,,,,_,;,~~=_":n=w,,=="""=-"'=-- ^"~",""'''':,",.TC7~=_'''''C~:7'T:=S':',,^=~"=,,,:.,.._.,,~__,:,_,~ .-=_,..'" c E~4t TOWNHOMES ) 3 BEDROOM TOWN HOMES . Central Heat & Air Conditioning Individually Controlled . Wall-te-Wall Carpeting · Thermo Pane Windows . Spacious Private Yard . All Grounds Maintained ALL DIMENSIONS ARE APPROXIMATE APARTMENT FEATURES · Kitchen Includes: - large Eat-In Area - Dishwasher Available - Disposal - Deluxe Oven & Range - Double Door Refrigerator IFreezer ---E3-" I I I KITCHEN 12'6" -12'0" . Cultured Marble Vanity Tops . Ceramic Tile Baths . Full Basement with Washer & Dryer Hook-ups · Smoke Detectors . Cable TV Available · Front & Rear Entrances · Well lit, Convenient Private Parking LIVING ROOM 22'0" -17'0" FIRST FLOOR PLAN TOWNHOMES ) c E~4t 8 8EDROOM'3 11'0" -10'0" BEDROOM"Z 10'6" -10'0" BASEMENT 35'6"-17'0" BEDROOM- I 17'0"-10'0" .~ SECOND FLOOR PLAN BASEMENT PLAN ALL DIMENSIONS ARE APPROXIMATE 1550 Dempster lat Busse Road) · Mount Prospect, IL 60056 · (847) 437-4206 PLA T OF SUR VEY or LOTS' 1 THROUCH 14 iN 1JIAruCCI'S RBSUBDlVISiON OF LOTS' Z TO 23, INCLUSIVE iN BLOCK 4 IN PROSPECT PARK SUlJDlVI8JOlV ./VO. 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LIGHTING PLAN NOlES: PROPOSEO UGHT VALUES (FooT-CANOlE CO\{RAGE) 00 NOT INClUDE EXISllNG UGHlING IN lHE ALlEY, ~ ~ III 5 in 5 I.lJ 0:: ~ WI-CI) ~ 00 W~~ W 0: :::.:!:13 ~::>O !' a:J:J: a..::EZ ~ ..J 3:' ~WOh en I- ~ ... .. . ~ ~ . o J. III 8 I- l8 .:; ~ ...I ~~~ 6 : l!i ~ Z ~ -en 0 a:u:: ~ . Wl:ld ~ W~ g ~ ~ Z~ i is ~ C)~~ ~ :il z~~ W::l. en)- Z CJ)~~ 4: _0" ...J a: : a.. :c l:! <:} () ~ z a: : ~ <( III <:} ~ ~ - .::. ~ ...J R ~ PROJECT Design SL-16/21/27 FIXTURE TYPE CATALOG NUMBER DISTRIBUTIONS TYPE S Square (Honz. Lamp) TYPE 3 Asymmetrical (Honz. Lamp) TYPE VS Square (Vertical Lamp) TYPE F Forward Throw (Horiz. Lamp) TYPE VR Rectangular (Vert. Lamp) TYPE V2 Asymmetrical (Vert. Lamp) TYPE 1 Asymmetrical (Horiz. Lamp) TYPE V Symmetrical (Vert. Lamp) ORDERING EXAMPLE SL-21-VS.HPS-40o-CL-DB-12o-cwa'FD-CL80 x 360 DESIGN SL-1S DISTRIBUTION S 1 3 F VS MH";' Std. Metal Halide MHP_ Pul$(tSfart MHlMHP 7(Vlro'l5lY17512OO' 7(v100'150117512OO' 7(v100'15lY17512OO' 7G'100'15lY17512OO' 7G'100'150117512OO' HPS 70/100/150 70/1001150 70/100/150 70/100/150 7G'100/150 SL.21 VS 250/400 VS 25G'400/450' VS 400 Flat Lens V2 250/400 V2 250/4001450' S 250/400 S 250/400 1 250/400 1 250/400 3 250/400 3 250/400 F 250/400 F 250/400 VorVS 400 VorVS 4001450' VorVS 750 VorVS 1000 VorVS 1000 Flat Lens VorVS 1000 Flat Lens VorVS 1000 VR 1000 VR 1000 Flat Lens VR 1000 F 1000 F 1000 SL-27 LAMP E()'17 ED-17 ED-17 E()'17 E()'17 CL "" Convex glass lens FL= Flat glass ms LENS FL FL FL FL FL ED-18 BT-28/BT-37 BT-28 ED-18 BT-28/BT-37 ED-18 BT-28/BT-37 ED-18 BT-28/BT-37 ED-18 BT-28/BT-37 ED-18 BT-28/BT-37 CL CL FL CL CL FL FL FL FL FL FL FL FL ED-18 BT-37 BT-37 BT-56 BT-37 BT-37 E-25 BT-56 BT-37 E-25 E-25 BT-56 . Available only in Pulse Start 70,100,150,200,450 MHP = Pulse Start CL or FL CL or FL CL or FL CL FL FL CL CL FL CL FL FL REQUIRED CHOICES FINISH BK Black BW White DB Bronze SL Silver FG Gray CC Custom Specify Color VOLTAGES 120 208 240 277 347 480 MOUNTINGS SA Standard Arm (2.5") LA Long Arm (13.5") CWB Cast Wall Bracket ESF External Slip Fitter (lor 2-3/8" a.D. Pipe) OPTIONAL CHOICES ELECTRICAL OPTIONS FD Single Fusing 120Vl277V FDD Double Fusing 480V FDFD Double Fusing 208V124OV FDC Single Fusing 347V PCT Photo Cell and Receptacle OPTICAL OPTIONS LX Vandal Resistant Lens (SL-21 & SL-16 only) CL Convex glass for SL-21 only (Standard - acrylic) There Is no substitute tor {juality~~ LIGHT TRESPASS OPTIONS CL80x360 Inlemal8D" Vert. x 360' Honz. Lens Shielding CL6OxI35 Internal 60' Vert. x 135' Horiz. Lens Shielding HSS House Side Shield (75' Standard) (external) FL Flat clear glass lens (see ordering information for availability) A Division of JJI Lighting Group Inc. 11500 MELROSE AVE. FRANKLIN PARK. IL 60131 - Phone (847) 451-0040 - FAX (847) 451-6768 e.mail: quality@mcs.com - www.qualilylighting.com (8/8/03) Specifications subject to change without notice. @2003 Quality lighting ~ CWB ESF ~Oi{~C~ riIill.~...... <' ~lEJ CL80x360 . Internal 80' Vert. x 360' Hortz. Lens Shielding CL6OxI35 - Internal 60" Vert x 135' Honz. Lens Shielding SPECIFICATIONS H 0 U SIN G One piece highly tooled fonned aluminum, w~h integral reinforcements and concealed fasteners and welds. The fixtures are C-UL & UL listed 'suitable for wet locations.' LENS AND LENS FRAME Clear, heat and impact resistant tempered glass lens, secured in an extruded aluminum door frame. 21" & 27' fixtures with VS, V and VR distribution use square convex lens (unless othelWise noted), all others use square fiat lens. Note: Drop acrylic lens (DA) is standard on 21" vertically lamped units. GASKETING The lens is fUlly gasketed to the lens frame with closed cell neoprene_ The lens door frame is gasketed to the housing with a dense silicone extruded gasket featuring twin flexible extensions to provide a double seal. INSTAllATION Design SL housings are provided with a cast aluminum 2.5" arm for mounting a single fixture or twin fixtures at 1800. A 13.5" long eJdruded aluminum arm (LA) is supplied for other mounting configurations. REF LEe TOR Reflector systems can be easily rotated in 90' increments or interchanged withou1the use of tools. Design SL is available with the following reflector systems: 1) Type S (16" & 21 ") -square distribution; 2} Type VS - square distribution; 3) Type VR (27") - rectangular distribution; 4} Type I (16" & 21 'J - asymmetrical distribution; 5) Type III - asymmetrical distribution; 6) Type F - fOlWard throw distribution; 7) Type 2 -asymmetrical distribution; 8) Type V - symmetrical distribution. BALLAST All CWA ballasts (+ 10% to -10% lamp power regulation) shall be tray mounted and supplied with quick-disconnects. Ballasts are rated for -20' F operation. All non CWA ballasts shall be HPF. FIN ISH Polyester powder coa~ electrostatically applied, which is preceded by a five step pre-treatment process including an iron phosphate priming stage for superior coating adhesion. This process meets or exceeds all ASTM testing requirements, including those for 1,000 - hour sail spray endurance testing. ..- r-- A ---1 1 8 -L DIMENSIONS 16" A 16.00" sq. (406.4 mm) B 9.50'" (241.3 mm) 21" 21.00" sq. (533.4 mm) 11.00" (279.4 mm) 27' 27.00" sq. (685.8mm) 15.00" (381.0 mm) EFFECTIVE PROJECTED AREA (EPA) 16" 21" 1 Fixture 1.36 sq. ft. (.13M2) 2.08 sq. ft. (.19M2) 2 Flldures 2.72 sq. ft. (.26M2) 4.16 sq. ft. (.39M2) 3 @ 90" 4.00 sq. ft. (.38M2) 8.24 sq. ft. (.59M2) 3 @ 120' 4.50 sq. ft. (.43M2) 6.75 sq. ft. (.84M') 4 @ 90' 4.50 sq. ft. (,43M2) 6.75 sq. ft. (.64M2) WEIGHT 16" 45 Ibs. (20.45 kgs) 27' 3.65 sq. ft. (.35M2) 7.30 sq. ft, (.70M2) 11.00 sq. ft. (1.05M2) 11.50 sq. ft. (1.1M2) 11.50 sq. ft. (1.1M2) 21' 54 Ibs. (24.54 kgs) 27' 77 Ibs. (35 kgs) There Is no substitute for (jttdwy~~ A Division of JJI Lighting Group Inc. 11500 MELROSE AVE. FRANKLIN PARK, IL 60131. Phon. (847) 451-0040 - FAX (847) 451-6768 ..mail: quality@mcs.com - www.qualityllghtln9.com (818103) Specifications subject to change without notice. @2003 Qualily lighting Orderi ng Information Pole Section ORDERING EXAMPLE: RTS-25-7.0-11-G-T2 (Diagram at right describes sequence in this example) This example illustrates the standard ordering sequence. Each part of the ordering number is chosen from the appropriate section in the chart below. The number in the example designates a round tapered steel series, 25' height, 7.0" outside diameter at base, 11 gauge construction, galvanized finish, 2.375" O. D. tenon. ALUMINUM POLES Prefix Description RSA Round Straight Aluminum RTA Round Tapered Aluminum SQSA Square Straight Aluminum SQSAC Cruciform HRTA Heritage Series Round Tapered Aluminum STEEL POLES Prefix Description RSS Round Straight Steel RTS Round Tapered Steel SQSS Square Straight Steel SQSTH Square Tapered Steel Hinged ALUMINUM FINISHES Prefix Description DBZA Dark Bronze Anodize BKA Black Anod ize STEEL FINISHES Pretix Description P1 G BRZP = BLKP = GRYP = SLVP = WHTP = CCP = Prime (Optional) Galvanize (Optional) Bronze Paint (Std.) Black Paint (Std.) Gray Paint (Std.) Silver Paint (Optional) White Paint (Optional) Custom Color Paint (Optional) Note: Verify anchor bolt size and bolt circle wnh factory when placing order. There Is no substitute for Dauli,!!' fl!iyllh~t?~ SERIES HEIGHT DIAMETER AT BASE GAUGE FINISH TENON OR DRILL MOUNT TENON/DRILL MOUNT Prefix Description T2 T3 T3.5 T4 DM10 DM2180 D M2090 D M3120 D M3090 DM4090 2.375" O.D. Tenon 2.875' 0.0. Tenon 3.500' O.D. Tenon 4.000" O.D. Tenon Drill For (1) Luminaire Drill For 2 @ 180' Drill For 2 @ 90' Drill For 3 @ 120' Drill For 3 @ 90' Drill For 4 @ 90' Note: Minimum pole top diameter tor DM4090 = 3" A Division of JJI Lighting Group Inc. 1/ 11500 MELROSE AVE. FRANKLIN PARK. IL 60131 - Phone (847) 45t.0040 - FAX (847) 451-6768 e-mail: qualily@mcs.com - www.qualilylighting.com (52200) Specifications subjecllo change wilhoul nolice. @2000 Quality Lighling ELMHURST TOWNHOMES Fact Sheet for Prospective Owners and Purchasers Reeardine Limitations on Riehts to Make Certain Improvements Dear Prospective Purchaser or Owner on an Elmhurst Townhomes Residence: THE PURPOSE OF THIS "FACT SHEET" IS TO MAKE ALL OWNERS OR PROSPECTIVE OWNERS OF AN ELMHURST TOWNHOME RESIDENCE AWARE OF VARIOUS PROHIBITIONS, CONDITIONS AND LIMITATIONS THAT WILL APPLY TO THEIR RIGHTS TO MAKE IMPROVEMENTS TO THEIR PROPERTIES. ALL OWNERS OR PROSPECTIVE OWNERS SHOULD READ THIS DOCUMENT CAREFULLY AND REFER TO ALL REFERENCED DOCUMENTS OR MATERIALS BEFORE CONSIDERING ANY CHANGES TO AN ELMHURST TOWNHOMES RESIDENCE. Elmhurst Townhomes is proposed to be a community which will be governed by an Association which will be responsible for ensuring that all owners comply with the terms of a recorded Declaration of Covenant, Conditions, Easement and Restrictions as well as for adopting and administering various rules and regulations for the development. Of course, like all other properties in the Village of Mount Prospect, the property also will be subject to the zoning, subdivision, building and other general ordinances and regulations of the Village. The Village also has approved a Planned Unit Development approval ordinance which regulates the development, use and operation of Elmhurst Townhomes properties. Collectively, these are referred to below as the "Governing Documents." Please keep in mind that the rules in the Governing Documents apply equally to all of the properties in the development. Accordingly, they provide each owner with the protection and with the benefit of knowing that neighboring properties will be subject to the same requirements that apply to that owner's residence. Set forth below are certain limitations regarding improvements to individual properties. This "fact sheet" is not intended to be a substitute, however, for the Governing Documents, which all owners or prospective owners should review carefully before contemplating any exterior improvement. Certain types of improvements maybe prohibited, limited, or subject to various approvals by neighboring owners, the Association, and/or the Village. . The Building No owner will not be allowed to expand the "footprint" of a building. Other changes to the exterior of the building may be regulated by the Governing Documents, which should be reviewed before planning any changes. . Landscaping The Village has approved a landscape plan for the entire development. The Association will be responsible for maintaining the landscaping per the approved plan. Any owner CHIl 1148657v3 proposing to add to the landscaping first should submit a plan to the Association and obtain the written approval of the Association. This includes additional plantings, vegetable gardens, or any other change to the existing plantings or hardscape. . Patios Each residence includes a patio that is joined with a patio for an adjacent residence. The sizes of the patios is fixed pursuant to the PUD approval by the Village. Any proposal to make a change in patio material, design or construction requires the written consent of the adjoining owner and the written approval of the Association. . Sheds and Swimming Pools No owner will be allowed to construct or place a shed or swimming pools of any kind (including removable or blow-up pools) in any yard. This is for the safety of all residents and is intended to preserve the aesthetics ofthe green areas ofthe development. . Fences To protect the look and feel of the green areas of the development, fences are not allowed, with the possible exception of a patio privacy fence. Patio privacy fences will require the written consent of the adjoining owner, the written approval of the Association, and whatever permits and approvals the Village may require. . Other Improvements The Governing Documents should be consulted before an owner plans or proceeds with any other exterior improvements, as there may be applicable prohibitions, limitations, conditions or required approvals. Whenever an owner contemplates an exterior improvement, the Governing Documents should first be reviewed. Any doubts about what is or is not permitted should be pursued through a representative of the developer, the Association or the Village, as appropriate. . Parking Each residence has the use of two assigned spaces as designated in the Declaration. There are five (5) spaces reserved for visitors which may not be used by owners or residents but may be used by their guests. Gw 12/29/05 jc 12/27/05 mla 12/27/05 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED UNIT DEVELOPMENT FOR PROPERTY COMMONLY KNOWN AS 401-455 SOUTH ELMHURST ROAD WHEREAS, SK Partners'" Limited Partnership Group, an Illinois limited partnership, and Yvonne DiMucci, as Trustee of the Salvatore J. OiMucci Marital Trust No.7, an Illinois Grantor Trust (hereinafter collectively referred to as the "Petitioner"), have filed a petition for a Conditional Use in the nature of a Planned Unit Development with respect to property generally known as 401-455 South Elmhurst Road in the Village of Mount Prospect, County of Cook, Illinois (hereinafter referred to as "Subject Property"); and WHEREAS, the Subject Property is legally described as follows: Lots 1 through 14 in DiMucci's Resubdivision of Lots 2 to 23, inclusive in Block 4 in Prospect Park Subdivision No.1, being a subdivision of the west half of the north 60 rods ofthe southwest quarter of Sec. 12, Township 41 North Range, 11 East of the Third Principal Meridian, in Cook County, Illinois. Property Index Numbers: 08-12-300-031 ,-032,-033,-034.-035,-036,-037,-038,-039, 08-12-300-040,-041,-042,-043,.044-0000; and WHEREAS, Petitioner desires to convert the Subject Property to a Planned Unit Development, consisting of 28 individually owned units (hereinafter referred to as the "Unit" or "Units" as the case may be), pursuant to Article V of Chapter 14 of the Village Code of the Village of Mount Prospect (hereinafter referred to as the "Village Code"); and WHEREAS, a Public Hearing was held on the request for a Conditional Use for a Planned Unit Development, being the subject of Case No. PZ-46-05 before the Planning and Zoning Commission of the Village of Mount Prospect on the 22"d day of December, 2005, pursuant to due and proper notice thereof, including publication in the Mount Prospect Journal and Topics on the 7th day of December, 2005; and WHEREAS, the Planning and Zoning Commission has submitted its findings and positive recommendation to the President and Board of Trustees of the Village of Mount Prospect in support of the request, which was the subject of Case No. PZ-46-05;and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have considered the request herein and have determined that the request meets the standards set forth in the Village Code and that the granting of the proposed Conditional Use for a Planned Unit Development would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE EXERCISE OF ITS HOME RULE POWERS: A Page 2/2 401-455 South Elmhurst Road SECTION ONE: That the recitals set forth hereinabove are incorporated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: That the President and Board of Trustees of the Village of Mount Prospect do hereby grant approval of a Conditional Use, as provided in Section 14.203.F.7 of the Village Code, to allow for a Planned Unit Development as depicted in the Site Plan prepared by Edward J. Molloy & Associates, dated December 8, 2005, as revised, and subject to the conditions set forth hereinbelow. SECTION THREE: That the Conditional Use in the nature of a Planned Unit Development, being the subject of this Ordinance, is subject to the following conditions: 1. The Subject Property shall not be improved through the addition of accessory structures (excluding fences), additions to the primary structures, or changes or increases in the building footprints, including expansions of patios, except as shown on the site plan prepared by Edward J. Molloy & Associates, date stamped December 8, 2005; 2. The Petitioner shall provide a fact sheet, subject to the approval of the Director of Community Development, to all prospective owners and purchasers of the Units prior to the execution of any real estate contract for purchase of a Unit, which fact sheet shall explain the types of structures that are permitted and prohibited to be constructed outside of the Units, and notifies such prospective owners and purchasers that there are two (2) parking spaces assigned per Unit with guest parking only available to guests; 3. The Petitioner shall revise the landscape plan, prepared by Michael R. Newman, dated October 16, 2005, to include seven (7) additional trees of varying species, and modify the planting beds to include more year-round plant species of a hardier nature; and 4. The Petitioner shall revise the Declaration Of Covenants, Conditions, Easements And Restrictions, creating the Elmhurst Townhomes Homeowners Association, to include a provision that prohibits dissolution ofsaid Association unless consented to, in writing, by the President and Board of Trustees of the Village of Mount Prospect. 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 Mayor ATTEST: M. Lisa Angell Village Clerk C:\Win2kProfiles\BHiII\Local Settings\Temporary Internet Files\OLK2\pud 401-455southelmhurstroad2005.doc FO~.......t.... diem Reale~ate 'P()D.LSKY..Nc)RTHS~AR (.~()~:t"".(' rN"'":I);I{N,,'J~t()N "'l~ 302 SAUNDERS ROAD, SUITE 300 RIVERWOODS, IL 60015-3897 P 847.444.5700 F 847.444.5701 WWW.PODOLSKY.COM Via Email- bcoonev(@,mountprospect.ore: & Fax - 847.818.5329 'bb~ 1 e~ Mr. William J. Cooney, Jr., AICP Director of Community Development Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 Re: PZ-47-05 / Dennis Uniform / Variation - Amount Of Retail Space Dear Bill: My client, Dennis Uniform Manufacturing Inc., and I attended the December 22,2005 Planning and Zoning Commission meeting to request approval of a variation request for an increased amount of retail space in an 1-1 district for the property located at 1400 Business Center Drive. The Planning and Zoning Commission approved the variation with a vote of 6 to 0 (see enclosed letter dated December 22, 2005). My client respectfully requests that the Village Board waive the second reading and take final action at the January 3, 2006 meeting. My client requests this waiver so that they can prepare for the upcoming school season and build-out the space as needed. Thank you in advance for your assistance with this request. Please contact me directly if you have any questions or need additional information. Sincerely, PODOLSKY NORTH~AL TY P ARlNERS, LLC nathan Stein :Associate 847.444.5744 Direct 847.444.5701 Fax its@podolsky.com JFS/jml Enclosure .KingS,~~~' .J"""ldual _ M..,bo!ll1ips ~ ~1fl<livJd".1 --$ Membenl1:jp$ Podolsky Nortbstar Realty Partners, LLC CORP AC In1emational North American offices in over 60 markels in !be U.S., Canada and Mexico. In1emational offices in Australia, Austria, Belgium, China, Croatia, Czech Republic, Denmarl<, England, Estonia, Finland, France, Gennany, Greece, Hungary, Indonesia, Ireland, Israe~ Italy, Latvia, Lithuania, Luxembourg, Malaysia, Netherlands, Northern Ireland, Nmway, Poland, Romania, Scotland, Serbia, Singapore, Spain, Sweden, Switzerland, Turkey and Wales. Village of Mount Prospect Community Development Department Mount Prospect MEMORANDUM ~ TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: SUBJECT: DECEMBER 23,2005 PZ-47-05 - VARIATION (AMOUNT OF RETAIL IN AN INDUSTRIAL DIST 1400 BUSINESS CENTER DRIVE JONATHAN F. STEIN - AGENT FOR THE APPLICANT The Planning & Zoning Commission transmits their recommendation to approve Case PZ-47-05, a Variation request for up to 50% retail space of a tenant unit in an I-I district, as described in detail in the attached staff report. The Planning & Zoning Commission heard the request at their December 22, 2005 meeting. The Subject Property is located on the north side of Business Center Drive, between Bishop Court and Biermann Court, and contains a 77,500 square foot office and warehouse building divided into five rental units. The Subject Property is zoned I-I Limited Industrial and is bordered on all sides by the I-I District. Caremark and York occupy two of the five rental units, two units are vacant; Dennis Uniform would occupy the fifth. The Planning & Zoning Commission discussed with the Petitioner the type of business transactions and daily activities that would be conducted on-site. Many of the sales are done off-site or are ordered over the phone, the internet, or by mail. The Commissioners determined that the store would not detract from the industrial character of the Kensington Business Park. They confirmed that the request was for a Variation and not a Conditional Use because of the amount of retail proposed exceeded the permitted amount. They also confirmed that the Variation would be specific to Dennis Uniform, and would not be permanently associated with the property. Several members of the P&Z Commission stated that Dennis Uniform would be an asset to the Village and that the store's history and reputation would ensure a quality operation. The Planning & Zoning Commission voted 6-0 to recommend that the Village Board approve a request for a Variation to allow up to fifty percent of a tenant space as retail use in an industrial district, as shown on Petitioner's Site Plan, for the building at 1400 Business Center Drive, Suite 102, Case No. PZ-47-05, subject to the Variation being applicable only to Dennis Uniform. Please forward this memorandum and attachments to the Village Board for their review and consideration at their January 3,2005 meeting. Staff will be present to answer any questions related to this matter. ~~ " William J. Cooney, J ., AICP Ijmc H:\PLAN\Planning & Zoning COMM\P&Z 2005\MEJ Memos\PZ~33.05 MEJ MEMO (gymnastics school 900 Business Ctr Dr).doc Village of Mount Prospect Community Development Department CASE SUMMARY - PZ-47-05 LOCATION: 1400 Business Center Drive PETITIONER: Dennis Uniform Mfg. Co. OWNER: CRP Holdings A, L.P. PARCEL #: 03~3S-201-013-0000 LOT SIZE: 3 acres (130,681 square feet) ZONING: 11 Limited Industrial LAND USE: Warehouse and Office REQUEST: Variation (Amount of Retail in an Industrial District) Kensington Road ~ ~ .tole ~~t;~'('> ........ tJl-V. ~. ~ .. ~ II: .. 1600 ~cJ ~ 'a " c llI: ... '0 ~ Village of Mount Prospect Community Development Department CASE SUMMARY - PZ-47-05 TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION ARLENE JURACEK, CHAIRPERSON FROM: JILL BATY, PLANNING INTERN DATE: DECEMBER 15,2005 HEARING DATE: DECEMBER 22, 2005 SUBJECT: PZ-47-05 - VARIATION (AMOUNT OF RETAIL IN AN INDUSTRIAL DISTRICT) 1400 BUSINESS CENTER DRIVE (DENNIS UNIFORM MFG. CO.) BACKGROUND A public hearing has been scheduled for the December 22, 2005 Planning & Zoning Commission meeting to review the application by Dennis Uniform Manufacturing Company (the "Petitioner") regarding. the property located at 1400 Business Center Dr. (the "Subject Property"). The Petitioner is seeking a Variation to use half of their 11,402 square foot rental unit for retail when the Zoning Ordinance allows no more than 10% retail in the II district. The P&Z hearing was properly noticed in the December 7, 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 Business Center Drive, between Bishop Court and Biermann Court, and contains a 77,500 square foot office and warehouse building divided into five rental units. The Subject Property is zoned Il Limited Industrial and is bordered on all sides by th~ II District. Caremark and York occupy two of the five rental units, two units are vacant; Dennis Uniform will occupy the fifth. . SUMMARY OF PROPOSAL The Petitioner's store has been located in Glenview since 1988, but they have outgrown their current warehouse and showroom facilities. Therefore, they would like to relocate their business to the Subject Property in Kensington Business Park. The Petitioners would like this larger space to serve both as.storage for.their inventory and as a showroom for their walk-in customers. The additional space will accommodate the needs of customers from the 82 schools within a 50-mile radius that the Petitioner serves. This store will be open year round, with limited hours from October to May. They expect approximately 10-30 transactions per day during this time. Their peak season, when students are returning to school, lasts from June to September. During this time the store will keep regular business hours, and expects 50-ISO transactions per day. The attached exhibits illustrate the proposed layout of the Petitioner's unit, which includes approximately 5,701 square feet of warehouse space, and 5,701 square feet of retail and office space. . PZ-47-05 Planning & Zoning Commission meeting December 22, 2005 Page 2 . GENERAL ZONING COMPLIANCE The Subject Property includes multiple tenants, but they are all office and warehouse 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 the Village's parking requirements. The table includes information only on current tenants of 1400 Business Center Dr. Occupant Use Classification Size of Tenant Space Parkin!! ReQuirement Spaces ReQuired Caremark Office ],523.5 SQ. ft. 4 spaces / ] ,000 SQ. ft. 6.]0 Retail -- Warehouse 13,711 ] space /1,500 SQ. ft. 9.]4 Total 15,235 15.24 York Office 7982 sa. ft. 4 soaces / ],000 SQ. ft. 3].93 Retail -- Warehouse 7,982 I space /1,500 SQ. ft. 5.32 Total ]5,964 37.25 Dennis Office -- Retail . 5,701 SQ. ft. 4 soaces / ] ,000 sq. ft. 22.80 Warehouse 5,701 ] spaces / ] ,500 SQ. ft. . 3.80 Total 11 ,402 26.60 Total 42,601 SQ. ft. 79.09 The site contains a total of 249 parking spaces. The total number of spaces required for the three existing tenants (including the Petitioner's proposed use) is 79 parking spaces, leaving 170 spaces available for the vacant units. Vacant units account for 45% of the building space at 1400 Business Center Dr. The two vacant units will require parking allocations based on their use. For a estimation of what these requirements will be: office space requires the most parking per square foot, and warehouse requires the least amount of parking per square foot in the II district. The following table provides parking requirements based on various possible uses for the Subject Property's vacant space. Vacant space possibilities: 1 00% Warehouse Use Classification Warehouse .. Excess Parkin 147 50% Warehouse, 50% Office Use Classification Vacant S ace Warehouse ]7,437.5 s . ft. Office 17437.5 s . ft. Total 34,875 s . ft. S aces Available Excess Parkin 170 89 100% Office Use Classification Office Excess Parkin 30 The above tables indicate that the remaining available parking would exceed the needs of the vacant units in the building. However, parking may not be adequate in the event that Caremark or York modify their facilities to include more office space. . PZ-47 -05 Planning & Zoning Commission meeting December 22, 2005 Page 3 VARIATION STANDARDS The standards for a Variation are listed in Section 14.203.C.9 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Variation. The following list is a summary of these findings: · A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; . Lack of desire to increase financial gain; and · Protection of the public welfare, other property, and neighborhood character. The amount of retail space proposed by the Petitioner would have minimal impact on surrounding properties and the character of the business park. The Petitioner's peak retail season lasts three months out of the year and would bring an estimated maximum of 150 transactions per day to the store. Adequate customer parking will be provided. Required parking for Dennis Uniform will not detract from parking requirements of the neighboring tenants of 1400 Business Center Dr. Additionally, implementation of the plan will involve no unusual engineering or fire requirements. Provided the request is carried out in accordance with all applicable codes, the Building Division and Fire Prevention Division have no objections to the proposal. The purpose and intent of the Village Zoning Ordinance are outlined in Section 14.102 of the Village Zoning Ordinance. The first two objectives of the Zoning Ordinance, as stated in this section are: A. To provide zoning for all properties with a goal of conserving the value of buildings and land and encouraging the most appropriate use oflandthroughout the Village. B. To protect residential, business, commercial, and industrial areas from encroachment by incompatible uses and to ensure that land designated by a specific zoning classification shall not be adversely effected by inappropriate uses. Dennis Uniform is not a typical retail operation, and would not be suited to be located in a business district. The Petitioner makes many sales either off-site at In-School Sale Days or through the mail, and therefore requires a large warehouse capacity. Additionally, they require a larger showroom to meet the needs of their walk:.in customers. The showroom space will be used to display merchandise for all of the eighty-two schools they serve and will contain nine dressing rooms, two small offices, two restrooms and a sales counter. PZ-47-05 Planning & Zoning Commission meeting December 22, 2005 Page 4 RECOMMENDATION Based on the above analysis, Staff recommends that the Planning & Zoning Commission recommend the Village Board approve the following motion: "To approve a Variation to allow up to fifty percent of a rental unit as retail use, as shown on Petitioner's Site Plan, for the building at 1400 Business Center Drive, Suite 102., Case No. PZ-47-05, subject to the variation being applicable only to Dennis Uniform." The Village Board's decision is final for this case. I concur: William J. Cooney, AlC , Director of Community Development H:\P1.AN\Phmnillg &.Zollillg.,COMM\P&Z 200S\S...fTMcano\PZ-41-0S MEMO (J400 Business CCtller.VAR.Anu Retail iu 11 Oistritt).doc 12/01/05 Dear Ms. Baty, To respond to your questions: Sales volume for current Glenview store is approx $1,200,000. During peak season, this branch can have anywhere from 50-150 transactions per day; for the remainder of the year, the range is 10-30 per day. We need a larger show room to adequately accommodate the increasingly large number of schools we contract with and serve, each which have unique, individual specific uniform requirements. We have outgrown our current space in both showroom and warehouse sq footage, as well as office space. Dennis offers our clients options as to how they can shop. We have special in school sale days at our schools for the distribution and sale of uniforms; we have an ever increasing number of internet sales as each school has its own "page" on our website and can order via the web page; we have a large mail order department; and we must maintain stock of merchandise in our store for customer shopping convenience. We do most of the internet/mail-order shipping from each branch and thus need adequate warehouse space to (:nable this to be done efficiently. We also produce logo wear and need be have a facility with adequate space to accommodate this. Most of our schools are located within a 50-mile radius of the Mt. Prospect area and we need to be easily accessible and convenient to them. Weare not a normal retail operation, and thus are not dependent on "street" traffic; rather we are a destination and that destination needs to be easily found. Because our customers are families and children, it is essential that we are located in clean, well-maintained pleasant environments. Our preference is environments that are not heavily commercial and we have found that industrial parks serv(: our customers and our purposes well. 12/02/05 Dear Jill Baty, To respond to your questions: Currently, we are serving 82 schools from the branchwe hope to move to Mt. Prospect. Our retail area will be maintained as such throughout the entire year; this is our only business and while our sales are seasonal, our product and servicesare not. Continuity is the basis for the uniform business - our product doesn't change with fashion trends and we need to keep our uniforms available to our families and schools all yearlong. Thus, we carry full inventory for all our schools, all year long. Each school potentially "wears" a dozen or so different items, minimum, which must be stocked in the vast range of sizes to fit students K through 12. We find that schools are always welcoming new students, kids are outgrowing outfits they purchased in the late summer back to school time, and it is our job to be accessible and have our product accessible. Certainly this 9 month "off season" business is on a small scale compared to ollr peak three months, but nevertheless, it is an integral and important part of our service. Approximately half of the 11,400 sq feet of the space at 1400 Business Center Drive will be used as warehouse. Additionally, some of the space will be allocated to shipping, offices and producing logoed items. Across the country, our stores range in size from 4,000 sq feet to 14,000. We currently have 28 branches. I hope I have responded to your questions; again, please feel free to contact me for arty additional information or insights into our business which might be helpful to you. We appreciate all your consideration. Best regards, Joan Shipley Dennis Uniform Mfg. Co. VILLAGE OF MOUNT PROSPECT COMMUNITY DEvELOPMENT DEPARTMENT - Planning Division 50 S. Emerson Street Mount Prospect, illinois 60056 Phone 847.818.5328 FAX 347.818.5329 Application for Conditional Use Approval : Mount Pmspect Z Case Number a P&Z - - i~ Development Name! Address O~ Date of Submission ~e >=9- Ji;I;l Hearing Date ~ ~ - ~, f:!.~ ~:.::l ~~ I 01 Ci~ d ~ ~~t+h,~:, t.J Interest in Property < = z e i o ~ S rI.l ~ ~ ~ ra.1 Rear Side Side Building Heigh~ bot Coverage (%) Number of Parking Spaces Adjacent Land Uses: North South East West Tax I.D. Number or County Assigned Pin Nwnber(s) o 3 -.3 5 - (;lc 1 - 0 J :q. (J () () ~ Legal Description (attach additional. sheets if necessary) }(\~<;f :') e~_ A +4- t't,- ~~ .0\", n-+ ( A") . -- '1"\ " ~ c..cc..t State Zip Code OL q7J \ Fax 5):s-;;l.:. EmaiJ 11-22-05 J I : 03 FROM-COLLIERSB&K z Name o ~ ~ ~ o ~ ~c >- Q'C ~ .~ ~~ ",I o < r:l I I I I , f Developer Name Address Attorney . Name Address z 0, r:~ ~.~ ~i _P-. Q= ~! o 0 "ii) ~ ;;. ~ Q) C,)c:l <I ~ Surveyor Name MA- ~d..1 /0 Address Engineer Name Address Archittcl Name Addrcs~ Landscape Architect Name Address Mount Prospect Department of Conununity Development 50 South Emerson Street, Mount Prospect Ulinois www.mountprospect.org 2 8476988445 T-320 P.OS/OS F-562 Telephone (day) -;) 35"-~5$( Telephone (evening) Fax.: hf7-9s/-39/a Email I 'rr (i . (1 t1>>1 Telephone (day) Fax Email Telephone (day) Fax Email Telephone (day) Fax Email Telephone (day) Fax Emai! Telephone (day): Fax Email Telephone (day): Fax I Emai! Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 ~,~ = f;Ii1 1lIlt: O~ ~= ~~ ~O CIl ~ . U -< Hours of Operation M n"r~y 10 Q..M. - (,p f M J T IJL e.!:. k.y I T~ v..r S ~o...'1; Fr :('~4 '1 /6D..M - Sf M. S~+WJ()..y 10 CAr..- 2p'^" c.~^.o;"Pc-J "'~ ~),Jr)t~cL~y o...~J... ~ ~ Address(es) (Street Number, Street) s~ Site Area (Acres) Property Zoning Total Building Sq. Ft. (Site) Sq. Ft Devoted to Proposed Use fI.lf;: ~i Setbacks: @;~ Front Rear Side Side ~!; 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 staff so that materials can be reviewed for aCCUracy and completeness at the time of submittal. In consideration of the information contained in this petitiOl1 as well as all supporting documentation. it is requested that appro\'al be gi\'en to this request. The applicant is the owner or authorized representati\'e 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 pem1ission to enter on the property during reasonable hours for \'isual inspection of the su~ject property. I hereby affirm that all infonuation proyided herein and in all materials submitted in association with tins application are true and accurate to the best of my . owledge. Applicant /~ f: . Date. ?- fi. /1.. ~ }P'-"!"~~Oc::::;;;<S - If applicant is no property owner: 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 .'. ~ ? l\)QX ~ Mount Prospect Department of C unity Development 50 South Emerson Street, Mount Prospect Dlinois Date -- Phone 847.818.5328 Fax 847.818.5329 lHZ-05 11 :03 FROM-COLL I ERSB&K 8476988445 T-320 P.04/05 F-562 '. ., Proposed Conditional Use (as listed in the zoning' district) I, , DeSCTib~ in Detail the Buildings and Activities Proposed and How the Proposed US~ Meets the Atmched Standards for Conditional Use Approval (attach additional sheets if necessar/) .. Q ~ r-< I:;:.~ 00 >0' ~~ f1 ~~ :JO (1)- 11 E-o u I < , I. Hours of Operation Address(es) (Street Number, Street) CiIlZ Site Area (Acres) Property Zoning Toral Building Sq. Ft. (Site) SCJ.. Ft. Devoted to Proposed Use to (1)1: A' ~:S Setbacks: ~H~ Front Rear , Side Side i~ ..- ~ 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 aU required plans and other materials have been satisfactorily submitted to the Plarming Division. Incompletesubtnittals will .nOt be accepted. It is strongly suggested that the p~titioner scht:dule an appointment with the appropriate Village: staff so that materials can be reviewed for accuracy and completeness at the tiD1e of submittal. " , , In considernrion of the information contained in this petition as well as allsupporring documentarion. it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the propeIt)'. The petitioner and the owner of the property grant employees of the Village of Moum Prospect and their agents l'ennission to enter' on the pl"Opel'ty during rtasanab1e hours for visual inspecrion of the subject property. I hereby aftirm thar all information provided hert.-in and in all materials submitted in associationwirh rhis application are tme and aCcUIate 10 the best of my knowledge. Applicant Date If applicant is not property owner: I hereby designate the applicant to act as my agent for the purpose of seeking the Variation(s) described in tllis application and the associated supporting material. Property Own~y /1 , / (7 A P:[e<-"'t l,. ') A<>-~ Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect lllinois .www.moi.ultprospect.org Date /(( 2Z{oS,-' 3 Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 II-"-U:J II :U: r~l"Ir/l""I.ULL I t:K)tl&l\ ~4Ilill~~44~ l-azo P.OS/05 F-56Z I Affidavit of Ownership ~ COUNTY OF COOK STATE OF lLLINOrS ) ) ) I, ,under oath, state that I am the sole an an authorized officer of the ) ) o\vner of the property ) commonly desclibed as al1d that such property 15 owned by as of this date. 1/ " k-t4'/..( (,.~ /,-:'Z'..,--"> :Signature Subscribed and sworn to before me this day of ,20_. Notary Public Moum Prospect Deparrment of Community Development 50 South Emerson Sn-eet, MountProspectIllinois wW\'-'.mountprospect.org 4 Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 Attachment (A) 1400 Business Center Drive Legal Description LOT 408 IN KENSINGTON CENTER - RESUBDIVISION 2N OF LOTS 401 & 402 IN KENSINGTON CENTER - RESUBDIVISION 14 AND LOT 403 IN KENSINGTON CENTER - PHASE FOUR IN PART OF THE NORTHEAST Y<a OF SECTION 3S, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO PLAT THERE OF FILED ON MARCH 30, 1989 AS LR 3782920, IN COOK COUNTY, IL Attachment (B) Building Activities Village of Mount Prospect: Dennis Uniform is very interested in doing business in Mount Prospect. We believe that the Kensington Business Park will be a great fit for our business due to the overall environment of the park and the location in regards to the schools we service. Dennis Uniform's current location is very similar to Kensington Business Center so we believe that there will be no adverse affect on the industrial park and the intent of the park will stay the same due to our warehousing and distribution aspect. If the variation permit is approved, we ask that the permit is specific to Dennis Uniform's use only, and will expire when Dennis vacates the property. Below please find background information on Dennis Uniform's company. About Dennis Uniform Mfg. Co. Established in 1920, Dennis Uniform is a nonsectarian company based in Portland, Oregon with a diverse work force, a union affiliated factory, working with multicultural schools and communities across the United States. As a company, we lend support to education and the general educational needs of the schools with whom we work, as well as to the Libraries of our community. We focus on our schools; on the families and young people we serve by making and providing products of quality and value. Dennis manufactures distinctive uniforms, many out of fabrics woven specifically to our specifications, and offers an extensive line of classic and custom manufactured apparel tailored to meet the needs ofthose schools who contract with us to be their uniform provideL OUf inventory and offerings consist of those items which have been selected by our contracted schools for their specific and individual uniform programs. We work with each school to select a "uniform" program which can be as simple as pants, jumpers, shirts and jackets, or be as extensive as to include hair bows to match skirts, socks with the school logos, gym wear, back packs, shoes, etc. We provide everything each individual school selects and deems appropriate/required for their students to wear. We devote full time to this - uniforms are our only business. We do have cash registers in the store. Families of students attending our contracted schools have several options to purchase Dennis uniforms: 1. our national customer service, toll free 800 line or fax 2. on each schools individual secure internet site at www.dennisunifoml.com 3. mail order 4. local Dennis Store Additionally~ for many of our schools, we offer on campus uniform sale day where the facsimile of a Dennis Store is set up on the school campus. Our stores exist as a convenience for those families who cannot attend a school sale. Our stores are open all year with limited hours and days from October through May. June through early September is our back to school season when we operate on a normal business schedule for our customer's convenience. We are very much in need of additional space, more appropriately laid out for our warehouse needs than our existing location affords. We serve families and lots of young children, and our customer base represents several communities; thus we need space that is clean, safe, well-lit, family friendly, attractive, and accessible. Because we are not a . normal retail business, but more a distribution destination, we do not need retail visibility - we do not have walk-in traffic nor are we in any way dependent on customers other than those who attend the schools with which w~ have contracts. We view Mount Prospect as an appropriate environment from which to work with our schools and families and would very much like to conduct our business in such a community. We have been in Glenview since 1988 and have had a fine relationship with that community; but while the location has been fine, we need a different facility: :':'..~--_..- . WAREHOuse a1f\rlC..... ):::1. =-- ....= ~=- '- f~, STOI'tAG& .'3....11 liS... STORAGE' MEZZANINE l ~4'''''f''.o- I I:::., II" 11 I Sales Counter I Front Entrance .. . 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';'~ . ' - -~~-- ORDINANCE NO. AN ORDINANCE GRANTING A VARIATION FOR THE PROPERTY LOCATED AT 1400 BUSINESS CENTER DRIVE WHEREAS, Dennis Uniform Manufacturing Company (hereinafter referred to as the "Petitioner") has filed a petition for a Variation with respect to property located at 1400 Business Center Drive in the Village of Mount Prospect, County of Cook, Illinois (hereinafter referred to as the "Subject Property") and legally described as follows: Lot 408 in Kensington Center - Resubdivision 2N of lots 401 and 402 in Kensington Center- Resubdivision 14 and Lot 403 in Kensington Center - Phase Four in part of the Northeast X of Section 3S, Township 42 North, Range 11, East of the Third Principal Meridian, according to plat thereof filed on March 30, 1989, as LR 3782920, in Cook County, Illinois. Property Index Number: 03-35-201-013-0000; and WHEREAS, the Petitioner seeks a Variation to the Village Code of the Village of Mount Prospect (hereinafter referred to as the "Village Code"), Section 14.2102, Permitted Uses (Accessory Uses), to allow up to fifty (50) percent of a tenant space for retail sales of items of permitted uses in an 1-1 Limited Industrial District at Suite 102 of the Subject Property; and WHEREAS, a Public Hearing was held on the request for a Variation, being the subject of PZ-47-05 before the Planning and Zoning Commission of the Village of Mount Prospect on the 22"d day of December, 2005, pursuant to proper legal notice thereof, including publication in the Mount ProsDect Journal & TODics on the 7th day of December, 2005; and WHEREAS, the Planning and Zoning Commission has submitted its findings and positive recommendations to the President and Board of Trustees in support of the request, which was the subject of PZ- 47-05; 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 Code and that the granting ofthe proposed Variation would be in the best interest ofthe Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE EXERCISE OF ITS HOME RULE POWER: 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 to the Petitioner a Variation from Section 14.2102, Permitted Uses (Accessory Uses), as provided in Section 14.203.C.7 of the Village Code, to allow for up to fifty (50) percent of the tenant space at Suite 102 of the Subject Property for retail sales of items of permitted uses in an 1-1 Limited Industrial District, but only as shown on the floor plan, a copy of which is attached hereto and made a part hereof as Exhibit "A." ~ Page 2/2 1400 Business Center Drive 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 ~ ~ Retail ~ kj ~\ ~ ~ 1400 Business Center Drive Dennis Uniform Variation (More than 10% Retail in an Industrial District)