HomeMy WebLinkAbout6. NEW BUSINESS 8/1/06
MEMORANDUM
Village of Mount Prospect
Community Development Department
TO:
MICHAEL E. JANONIS, VILLAGE MANAGER
DIRECTOR OF COMMUNITY DEVELOPMENT
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FROM:
DATE:
SUBJECT:
JULY 28, 2006
PZ-16-06 - PLAT OF RESUBDIVISION (CREATE 2-LOTS OF RECORD)
14 N. MARCELLA
JULES AND SHIRLEY CHARPENTIER - APPLICANTS
The Planning & Zoning Commission transmits their recommendation to approve Case PZ-16-06, a request for a
plat of resubdivision to create 2- lots of record from one lot. The Planning & Zoning Commission heard the
request at their July 27, 2006 meeting.
Jennifer Walden, Planning Intern, summarized the request. The Subject Property is located on the west side of
Marcella Road, between Thayer Street and Central Road, and contains a single-family residence with related
improvements. The Subject Property is zoned Rl Single Family Residence and is bordered on all sides by the Rl
District. The Petitioner would . like to maintain the existing residence and resubdivide the Subject Property to
create a two-lot subdivision. Because the existing structure on proposed Lot 2 will remain, the proposed
construction on proposed Lot 1 does not trigger the site development requirements (stormwater detention,
streetlights, etc.), but will be subject to the site improvement requirements contained in Chapter 15, Article V, and
the construction standards contained in Chapter 16. The Rl zoning district requires a minimum lot size of 8,125
square feet and the proposed Lot 1 would measure 8,582.6 square feet (65.00' x 132.04'), and Lot 2 would
measure 11,601.03 square feet (87.86' x 132.04'). The proposed lots would exceed the Rl minimum lot size
requirements, and the homes would meet the applicable zoning regulations.
The Planning & Zoning Commission briefly discussed the Petitioner's request. The Commission confirmed that
the plat was code compliant. There were no questions for the petitioner.
The Planning & Zoning Commission voted 5-0 to recommend that the Village Board approve the Plat of
Resubdivision that creates 2-10ts of record for the residence at 14 N. Marcella, Case No. PZ-16-06.
H:\PLAN\Planning & Zoning COM:M\P&Z 2006\MEJ Memos\PZ.I6-06 MEJ MEMO (14 N Marcella PLAT ).doc
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ-16-06
Hearing Date: July 27,2006
PROPERTY ADDRESS:
14 N. Marcella
PETITIONERS:
Jules and Shirley Charpentier
PUBLICATION DATE:
Not required; signs posted on-site July 12, 2006
PIN NUMBERS:
03-35-401-023-0000
REQUESTS:
Plat of Resubdivision (create 2 lots of record)
MEMBERS PRESENT:
Richard Rogers, Acting Chair
Joseph Donnelly
Leo Floros
Marlys Haaland
Mary Johnson
MEMBERS ABSENT:
Chair Arlene Juracek
Ronald Roberts
Keith Youngquist
STAFF MEMBERS PRESENT:
Judith Connolly, AICP, Senior Planner
Jennifer Walden, Planning futem
INTERESTED PARTIES:
Jules and Shirley Charpentier
Acting Chair Richard Rogers called the meeting to order at 7:33 p.m. Leo Floros moved to approve the minutes
of the June 22, 2006 meeting and Mary Johnson seconded the motion. The motion was approved 4-0, with Joseph
Donnelly abstaining from the vote. Leo Floros made a motion to continue cases PZ-14-06 and PZ-17-06 to the
August 24, 2006, Planning and Zoning Commission Meeting. Joseph Donnelly seconded the motion. The motion
was approved 5-0. Chairman Rogers introduced Case Number PZ-21-06 at 7:43 p.m.; a request for approval of a
Plat of Resubdivision.
Jennifer Walden, Planning futem, presented the case and stated that the Petitioner is seeking approval of a Plat of
Resubdivision that creates 2-lots of record from one existing lot. As required by the Village Code, Staff posted a
Public Hearing sign on the Subject Property. She said that the Subject Property is located on the west side of
Marcella Road, between Thayer Street and Central Road, and contains a single-family residence with related
improvements.
The Subject Property is zoned Rl Single Family Residence and is bordered on all sides by the Rl District. The
Petitioner would like to maintain the existing residence and resubdivide the Subject Property to create a two-lot
subdivision. Because the existing structure on proposed Lot 2 will remain, the proposed construction on proposed
Lot 1 does not trigger the site development requirements, such as stormwater detention, streetlights, etc., but will
be subject to the site improvement requirements contained in Chapter 15, and the construction standards
contained in Chapter 16.
Ms. Walden reported that the Rl zoning district requires a minimum lot size of 8,125 square feet and the proposed
Lot 1 would measure 8,582.6 square feet (65.00' x 132.04'), and Lot 2 would measure 11,601.03 square feet
Richard Rogers, Chair
Planning & Zoning Commission Meeting July 27, 2006
PZ-16-06
Page 2
(87.86' x 132.04'). The proposed lots would exceed the Rl minimum lot size requirements, and the existing and
new homes would meet the applicable zoning regulations.
Ms. Walden reviewed a table that demonstrated that the proposed lots would exceed the minimum Rl lot size
requirement and the existing house on Lot 2 would comply with the Rl Bulk Regulations. She that the Petitioner
has not fmalized the design of the proposed house on Lot 1, but understands the new structure must comply with
all Village Code requirements.
The Petitioner seeks to create two lots of record by subdividing the Subject Property. The plat was prepared in
accordance with the Development Code requirements. Based on these findings, Staff recommends that the
Planning & Zoning Commission auurove the following motion:
"To approve the 14 N. Marcella Resubdivision to allow a 2-10t subdivision, with lots measuring 87.86' x 132.04'
and 65.00' x 132.04', as shown on the Petitioner's Plat of Resubdivision for 14 N. Marcella Road, Case Number
PZ-16-06."
Ms. Walden stated that the Village Board's decision is final for this case, and concluded Staffs report.
Chairman Rogers asked Ms. Walden whether Engineering reviewed the plat and found that the proposed
easements were sufficient. Ms. Walden confirmed Engineering found the plat complied with Village Code and
that they approved the proposed easement.
Shirley Charpentier, 14 N. Marcella, was sworn in. She explained that her family has lived there for 33 years and
would like to continue living in the same house. She said they would like to downsize, but stay in the same
residence, which can be accomplished by subdividing the lot.
Chairman Rogers asked if the Commission had any question for the Petitioner or if anyone in the audience wanted
to address the Commission. Hearing no response, the Public Hearing was closed at 7:42 p.m.
UPON ROLL CALL:
AYES: Donnelly, Floros, Haaland, Johnson, Rogers;
NAYS: None
Motion was approved 5-0.
After hearing one additional case, Joseph Donnelly made a motion to adjourn at 8:10 p.m., seconded by Mary
Johnson. The motion was approved by a voice vote and the meeting was adjourned.
ommunity Development
Assistant
H:\PLAN\Planning & Zoning COMM\P&Z 2006\Minutes\PZ-16-06 14 N Marcella - plat.doc
Village of Mount Prospect
Community Development Department
CASE SUMMARY - PZ- 16-06
LOCATION:
PETITIONERS:
OWNERS:
PARCEL #:
LOT SIZE:
ZONING:
LAND USE:
REQUEST:
14 N. Marcella
Jules & Shirley Charpentier
Jules & Shirley Charpentier
03-35-401-023-0000
0.46 acres (20,183.63 square feet)
R1 Single Family Residence
Single Family Residential
Plat of Resubdivision (create 2 lots of record)
LOCATION MAP
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MEMORANDUM
Village of Mount Prospect
Community Development Department
TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION
ARLENE JURACEK, CHAIRPERSON
FROM: JENNIFER WALDEN, PLANNING INTERN
DATE: JULY 20, 2006
HEARING DATE: JULY 27,2006
SUBJECT: PZ-16-06 - PLAT OF RESUBDIVISION (2-LOT SUBDIVISION)
14 N. MARCELLA ROAD (CHARPENTIER RESIDENCE)
BACKGROUND
A public hearing has been scheduled for the July 27, 2006 Planning & Zoning Commission meeting to review the
application by Jules and Shirley Charpentier (the "Petitioner") regarding the property located at 14 N. Marcella
Road (the "Subject Property"). The Petitioner is seeking approval of a Plat of Resubdivision that creates 2-10ts of
record from one lot. As required by the Village Code, Staff posted a Public Hearing sign on the Subject Property.
PROPERTY DESCRIPTION
The Subject Property is located on the west side of Marcella Road, between Thayer Street and Central Road, and
contains a single-family residence with related improvements. The Subject Property is zoned Rl Single Family
Residence and is bordered on all sides by the R1 District.
SUMMARY OF PROPOSAL
The Petitioner would like to maintain the existing residence and resubdivide the Subject Property to create a two-
lot subdivision. Because the existing structure on proposed Lot 2 will remain, the proposed construction on
proposed Lot 1 does not trigger the site development requirements (stormwater detention, streetlights, etc.), but
will be subject to the site improvement requirements contained in Chapter 15, Article V, and the construction
standards contained in Chapter 16. The R1 zoning district requires a minimum lot size of 8,125 square feet and
the proposed Lot 1 would measure 8,582.6 square feet (65.00' x 132.04'), and Lot 2 would measure 11,601.03
square feet (87.86' x 132.04'). The proposed lots would exceed the R1 minimum lot size requirements, and the
homes would meet the applicable zoning regulations.
GENERAL ZONING COMPLIANCE
As previously noted, the proposed lots would exceed the minimum R1 lot size requirement and the existing house
on Lot 2 would comply with the RIBulk Regulations. The table on the following page provides the bulk
regulations for the R1 zoning district and lists the current setbacks. The Petitioner has not finalized the design of
the proposed house on Lot 1, but understands the new structure must comply with all Village Code requirements.
PZ-16-06
Planning & Zoning Commission meeting July 27, 2006
Page 3
Rl Single Family District Lot 2
Minimum Requirements Lot 1 Existin2
MIN. LOT WIDTH 65' 65' 87.86'
SETBACKS:
Front 30' 30.6'
10' or 10% lot width Required to 22' (south)
Interior (whichever is less) meet Village 10' (north)
Rear 25' Requirements 51 '
LOT COVERAGE 45% Maximum 33%
Comprehensive Plan Designation and Zoning
The Village's Comprehensive Plan and Land Use Map designate the Subject Property as Single Family
Residence. The Petitioner's proposed Resubdivision is in keeping with the Village's designation.
Other Department Comments
The Engineering Division had no objections to the resubdivision. They found that the plat was prepared in
accordance with Village Codes. Also, Staff found that the proposed plat is in keeping with current development
trends for this neighborhood and the size of the proposed lots would be consistent with other properties in this
area.
PLAT OF RESUBDIVISION
The Petitioner seeks to create two lots of record by subdividing the Subject Property. The plat was prepared in
accordance with the Development Code requirements.
RECOMMENDATION
The proposed Plat of Resubdivision meets the standards listed in the Development Code. Based on these
findings, Staff recommends that the Planning & Zoning Commission approve the following motion:
"To approve the 14 N. Marcella Resubdivision to allow a 2-lot subdivision, with lots measuring 87.86' x 132.04'
and 65.00' x 132.04', as shown on the Petitioner's plat of resubdivision for 14 N. Marcella Road, Case No. PZ-
16-06."
The Village Board's decision is final for this case.
I concur:
P, Director of Community Development
lit H:\PLAN\PI8JU1ing &. Zoning COMM\P4Z 2006\StaffMcmolPZ-l6-06 MEMO (14 Malcella -two 101 subdivision).doc
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Mount Prospect Public Works Department
INTEROFFICE MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
PLANNING AND ZONING COMMISSION
VILLAGE ENGINEER
JUNE 8, 2006
PZ-16-06, 14 MARCELLA ROAD SUBDIVISION
(14 MARCELLA ROAD)
The Engineering Division has reviewed the Plat of Resubdivision for the subject
property, and finds it meets all requirements and is acceptable. The Engineering Staff
has no objections and approves of the proposed resubdivision.
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PROJECT LOCATION
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VILLAGE OF MOUNT PROSPECT
COMMUNITY DEVELOPMENT DEPARTMENT - Planning Division
50 S. Emerson Street
Mount Prospect, Illinois 60056
Phone 847-818-5328
FAX 847-818-5329
Plat of Resubdivision Application
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REAL ESTATE INDEX NO.:
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If requesting an exception to Development Code requirements, list request and explain why it is necessary:
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 to review the process and so that materials can
be reviewed for accuracy and completeness at the time of submittaL
In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be
given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the
owner of the property grant employees of the Village of Mount Prospect and their agents permission to enter on the property during
reasonable hours for visual inspection of the subject property.
I hereby affIrm that all information provided herein and in all materials submitted in association with this application are true and
accurate to the b. es~ of my kn~WI, dge. ,
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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 this application and the
associated supporting material.
Property Owner
Date
Mount Prospect Department of Community Development
50 South Emerson Street, Mount Prospect Illinois
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Phone 847.818.5328
Fax 847.818.5329
TDD 847/392-6064
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7/25/06
RESOLUTION NO.
A RESOLUTION APPROVING A FINAL PLAT OF RESUBDIVISION
FOR PROPERTY LOCATED AT 14 NORTH MARCELLA ROAD
WHEREAS, the Petitioners, Jules and Shirley Charpentier, have requested approval of a Final Plat
of Resubdivision for the purpose of subdividing one (1) lot to create two (2) lots of record at 14 North
Marcella Road; and
WHEREAS, the Planning and Zoning Commission has recommended approval of the
resubdivision.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE
OF THEIR HOME RULE POWERS:
SECTION ONE: The subdivision of (1) lot into two (2) lots of record is hereby granted for the
property at 14 North Marcella Road and the Final Plat of Resubdivision attached to this Resolution
as Exhibit "A" is hereby approved for appropriate execution and recording. Such Plat and its legal
description are incorporated into, and made a part of, this Resolution.
SECTION TWO: The Village Clerk is hereby authorized and directed to record a certified copy of
this Resolution with the Recorder of Deeds of Cook County.
SECTION THREE: This Resolution shall be in full force and effect from and after its adoption,
approval and publication in pamphlet form as provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of 2006.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H :\CLKO\files\WIN\RES\PlatofResubdivision, 14northmarcellaaugust2006.doc
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Village of Mount Prospect
Community Development Department
Mount Prospect
MEMORANDUM
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DATE:
JULY 28, 2006
TO:
MICHAEL E. JANONIS, VILLAGE MANAGER
DIRECTOR OF COMMUNITY DEVELOPMENT
FROM:
SUBJECT:
EXTENSION FOR CASE # PZ-10-05
100 - 112 S. SCHOOL STREET
ST. PAUL LUTHERAN CHURCH - APPLICANT
The Petitioner has requested an extension of the zoning approval granted by the Village in 2005. The Petitioner is
seeking approval to allow the church expansion to be completed in two phases, within five (5) years. The
attached exhibits illustrate the proposed phases.
The Petitioner proposes to use the existing single family dwellings as offices while the church expansion is
underway. The offices will be relocated to the addition once it is complete. The single family dwellings would
then be demolished and the parking lot expansion completed (phase II). Staff reviewed the Petitioner's exhibits
and discussed the Village's building permit requirements with the Petitioner. Staff does not object to the request,
subject to the Petitioner providing the Fire Department a letter stating the single family dwelling units being used
as offices is a temporary situation, and that the dwellings will be brought up to current Village Codes should the
Church decide against implementing Phase II of the expansion project.
Please forward this memorandum and attachments to the Vi1hige.BoarG<for their review and consideration at their
August 1,2006 meeting. Staffwill be present to answer any questions related to this matter.
Willi~~~ ~.
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Ijmc H'IPLANlPI....ing & Zooing COMM\P&z 2006'MEJ Mcm05IEXTENS10N PZ-IO-04 St Paul.doc:
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June 30, 2006
William Cooney
Director, Community Development
Village of Mt. Prospect
50 S. Emerson Street
Mount Prospect, IL 60056
Bill,
On behalf Saint Paul Lutheran Church, I am writing to request an extension for our Zoning
variance, Ordinance 5492, which was approved on June 7,2005. As we discussed with your
staff, the original project that was submitted for review and approval last year included a
complete renovation of the existing structure; the construction of an approximately 8,000
square foot Addition, and site improvements including underground water detention.
Once we received this approval, the congregation spent months working with our Architects and
Construction Management firm to complete the actual Design and develop detailed cost
estimates. In spite of extensive revisions and reductions to these plans, the cost of the project
exceeded our original budget by over 50%. Furthermore, rapidly rising interest rates over the
past 12 months have dramatically increased the financing costs to' the congregation. By early
May 2006, it had become obvious that the congregation would be forced to pursue a phased
approach in order to complete this project.
The first phase would include the complete renovation of the existing structure, including a fully
sprinkled building, an elevator, handicap ramps and bathroom. The second phase would include
the Addition and the major site improvements (Le., demolition of the two residences, water
detention, new parking lot, etc.). During the time between the completion of Phase 1 and
building the Addition, our church Staff will occupy the residence located at 112 S. School Street.
As you know, the Fire Marshall has reviewed the temporary location and has agreed to grant us a
temporary exemption for a four-year period, subject to review at that time.
The congregation has already voted to approve starting the second phase immediately after we
have retired the debt for Phase 1. While it is difficult to know precisely when this will be, our
SAINT PAUL LUTHERAN CHURCH S. SCHOOL
Our mission Being rooted and established in the truth and love of Jesus, we 1005. School St.. Mt. Prospect, IL 60056
seek to grow Hiseternalfamily one life at a time. eased in Ephesians 3:14-21 phone 847.255.0332 Igx 847.255.0948
www.saint-puul.oTg
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current trends indicate that could occur within the next five years. As such, we are asking for a
five-year extension on our Zoning variance in order to complete the entire project as originally
designed.
Please know that while our congregation is disappointed that we are unable to achieve everything
we had envisioned for our place of Worship, we are not deterred in the least. We fully believe
that we are called to grow our church and expand our Ministry in the surrounding community.
Completing the $3.5 million renovation is a major step in that direction, but our members are
committed to growing Saint Paul, not just remodeling it.
I would be glad to provide any additional infonnation that your may require or be available for
questions. Please call me to discuss.
Sincerely,
k_ etd5~
o;;~4~'Brien
Building Committee Chairman
Saint Paul Lutheran Church
SAINT PAUL LUTHERAN CHURCH" SCHOOL
Our mission Being rooted and established in the truth and love of Jesus, we 100 S. School St., Mt. Prospect, Il60056
seek to grow His eternalfamily one life at a time. Based in Ephesians 3:14-21 phone 847.255.0332 fax 847.255.0948
www.saint-paul.org
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE ACQUISITION OF
PROPERTY THROUGH CONDEMNATION OR OTHERWISE IN
THE TAX INCREMENT REDEVELOPMENT PROJECT AREA
WHEREAS, the Village of Mount Prospect, Cook County,. Illinois has heretofore
adopted Ordinance Number 3554 adopting the District No. 1 Tax Increment
Redevelopment Plan and Redevelopment Project, and Ordinance Number 3555 entitled
"An Ordinance Designating District No.1 Tax Increment Redevelopment Project Area in
the Village of Mount Prospect, Illinois", and Ordinance Number 3556 entitled "An
Ordinance Adopting Tax Increment Financing for the District No. 1 Tax Increment
Redevelopment Project in the Village of Mount Prospect, Illinois all of which are
incorporated herein in their entirety.
WHEREAS, the Village of Mount Prospect has determined that the above-mentioned
Tax Increment Redevelopment Plan and Redevelopment Project which were the subject
matter of the public hearings is in the best interests of the residents of the Village of
Mount Prospect and is a public purpose; and
WHEREAS, the Village of Mount Prospect is empowered, pursuant to the Real Property
Tax Increment Allocation Redevelopment Act, PISI 79-1525, appearing as Section 11-
74.4-1 et. seq., of Chapter 65, Illinois Compiled Statutes 2003, (hereinafter the "Act") to
acquire by purchase, donation, lease or eminent domain real property within the
redevelopment project area; and
WHEREAS, the implementation of the aforementioned Tax Increment Redevelopment
Plan and Project would attract to the Village of Mount Prospect additional commercial
ventures, increase business for commercial ventures currently established within the
Village, strengthen the property and non-property tax and income bases, and would
provide jobs for the Village residents.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COUNTY OF
COOK, STATE OF ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME
RULE POWERS, as follows:
SECTION 1: That it is hereby determined that the Tax Increment
Redevelopment Plan and Redevelopment Project previously adopted be established,
maintained, controlled, managed and operated within the corporate limits of the Village
of MountProspecL.within.the. Distric.tNumbeI L.TaxIncremeut.Red.ev:elopmentPIojec.L
Area as described in Ordinance Nos. 3554, 3555 and 3556 and that said Tax Increment
Redevelopment Plan and Redevelopment Project be occupied, improved, used and
developed in a manner necessary and convenient for public use.
c"
H:\CLKO\files\ WIN\ORDINANC\CondemnationOrdinance 16 w. nwhighwayjuly2006.doc
SECTION 2: That under the authority vested in the corporate authorities of the
Village of Mount Prospect, through the statutes of the State of Illinois and the home rule
power and ordinances of the Village, it is hereby determined that pursuant to the Tax
Increment Redevelopment Plan and Redevelopment Project it is necessary and desirable
that the Village shall acquire title to and possession of certain real property commonly
known as 16 W. Northwest Highway, Mount Prospect, Illinois, Permanent Index 08-12-
107-006, and legally described in the Exhibit which is attached hereto and made a part
hereof and hereinafter referred to as the "Subject Property", which property is within the
foregoing Tax Increment Redevelopment Project Area and is necessary, required and
needed to achieve the objectives of the foregoing Tax Increment Redevelopment Plan and
Redevelopment Project, and which property lies wholly within the limits of the Village of
Mount Prospect.
SECTION 3: That the Village Attorney or such other persons as he may
designate are hereby authorized, empowered and directed to negotiate personally or
through its representatives for and on behalf of said Village with the owner or owners of
the Subject Property for the purchase and acquisition thereof by said Village.
SECTION 4: That in the event the said Village Attorney or his designee are
unable to agree with the owner or owners of said real property as to the compensation
thereof, then title to and possession of the Subject Property shall be acquired by the
Village of Mount Prospect through condemnation, and authorization is hereby given to
institute proceedings in any court of competent jurisdiction to acquire title to and
possession of the Subject Property for the Village in accordance with the Act, the
eminent domain laws of the State of Illinois and the ordinances of the Village of Mount
Prospect.
SECTION 5: That this ordinance shall be in full force and effect from and after
its passage, approval and publication in pamphlet form as provided by law.
Passed by the Board of Trustees of the Village of Mount Prospect, Illinois and
approved by the President thereof this day of 2006.
Ayes:
Nays:
Absent:
Approved:
Irvana K. Wilks, Mayor
Attest:
M. Lisa Angell,Village Clerk
H:\CLKO\files\ WIN\ORDINANC\CondemnationOrdinance16 w. nwhighwayjuly2006.doc
#
Exhibit A
Legal Description
Subject Property:
PIN Number:
16 West Northwest Highway, Mount Prospect, Illinois
08-12-107-006-0000
LOTS 6 :AND.. 7 Ilf JOijN _YN'$$UBDIVISIONO' PART OF &t.OCt 16 'OF .~PJ'f.OSPBCTIN
THJ ~ST1120' slct:rON12". '1'Qlfl9;SHXP 411lOltm"RANGJ: 11'1 USTQ1l' M'I'HIRD .
PRXNc::rpAt.JmR:m~, lit eOOKe~~ ILLXNOXS.
.,
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE ACQUISITION OF
PROPERTY THROUGH CONDEMNATION OR OTHERWISE IN
THE TAX INCREMENT REDEVELOPMENT PROJECT AREA
WHEREAS, the Village of Mount Prospect, Cook County, Illinois has heretofore
adopted Ordinance Number 3554 adopting the District No. 1 Tax Increment
Redevelopment Plan and Redevelopment Project, and Ordinance Number 3555 entitled
"An Ordinance Designating District No. 1 Tax Increment Redevelopment Project Area in
the Village of Mount Prospect, Illinois", and Ordinance Number 3556 entitled "An
Ordinance Adopting Tax Increment Financing for the District No. 1 Tax Increment
Redevelopment Project in the Village of Mount Prospect, Illinois all of which are
incorporated herein in their entirety.
WHEREAS, the Village of Mount Prospect has determined that the above-mentioned
Tax Increment Redevelopment Plan and Redevelopment Project which were the subject
matter of the public hearings is in the best interests of the residents of the Village of
Mount Prospect and is a public purpose; and
WHEREAS, the Village of Mount Prospect is empowered, pursuant to the Real Property
Tax Increment Allocation Redevelopment Act, PISI 79-1525, appearing as Section 11-
74.4-1 et. seq., of Chapter 65, Illinois Compiled Statutes 2003, (hereinafter the "Act") to
acquire by purchase, donation, lease or eminent domain real property within the
redevelopment project area; and
WHEREAS, the implementation of the aforementioned Tax Increment Redevelopment
Plan and Project would attract to the Village of Mount Prospect additional commercial
ventures, increase business for commercial ventures currently established within the
Village, strengthen the property and non-property tax and income bases, and would
provide jobs for the Village residents.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COUNTY OF
COOK, STATE OF ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME
RULE POWERS, as follows:
SECTION 1: That it is hereby determined that the Tax Increment
Redevelopment Plan and Redevelopment Project previously adopted be established,
maintained, controlled, managed and operated within the corporate limits of the Village
.of. Mount Prospect within the DistrictNumber.l.Tax.lncrement.R.edevelopmentProject
Area as described in Ordinance Nos. 3554, 3555 and 3556 and that said Tax Increment
Redevelopment Plan and Redevelopment Project be occupied, improved, used and
developed in a manner necessary and convenient for public use.
t+
H:\CLKO\files\ WIN\ORDINANC\CondemnationOrdinance30 w. Busseaugust2006.doc
SECTION 2: That under the authority vested in the corporate authorities of the
Village of Mount Prospect, through the statutes of the State of Illinois and the home rule
power and ordinances of the Village, it is hereby determined that pursuant to the Tax
Increment Redevelopment Plan and Redevelopment Project it is necessary and desirable
that the Village shall acquire title to and possession of certain real property commonly
known as 30 W. Busse Avenue, Mount Prospect, Illinois, Permanent Index 08-12-102-
059, and legally described in the Exhibit which is attached hereto and made a part hereof
and hereinafter referred to as the "Subject Property", which property is within the
foregoing Tax Increment Redevelopment Project Area and is necessary, required and
needed to achieve the objectives of the foregoing Tax Increment Redevelopment Plan and
Redevelopment Project, and which property lies wholly within the limits of the Village of
Mount Prospect.
SECTION 3: That the Village Attorney or such other persons as he may
designate are hereby authorized, empowered and directed to negotiate personally or
through its representatives for and on behalf of said Village with the owner or owners of
the Subject Property for the purchase and acquisition thereof by said Village.
SECTION 4: That in the event the said Village Attorney or his designee are
unable to agree with the owner or owners of said real property as to the compensation
thereof, then title to and possession of the Subject Property shall be acquired by the
Village of Mount Prospect through condemnation, and authorization is hereby given to
institute proceedings in any court of competent jurisdiction to acquire title to and
possession of the Subject Property for the Village in accordance with the Act, the
eminent domain laws of the State of Illinois and the ordinances of the Village of Mount
Prospect.
SECTION 5: That this ordinance shall be in full force and effect from and after
its passage, approval and publication in pamphlet form as provided by law.
Passed by the Board of Trustees of the Village of Mount Prospect, Illinois and
approved by the President thereof this day of 2006.
Ayes:
Nays:
Absent:
Approved:
Irvana K. Wilks, Mayor
Attest:
M. Lisa Angell, Village Clerk
H:\CLKO\fiIes\ WIN\ORDINANC\CondemnationOrdinance30 w. Busseaugust2006.doc
It
Exhibit A
Legal Description
Subject Property: 30 West Busse Avenue, Mount Prospect, Illinois
PIN Number: 08-12-102-059-0000
PARCEL C OESeR fPT ION:
LOT 2 ,IN MEERSMAN RESUBOIVlSION IN MbUNTPROSp.ECTeEING ,ARESUBtUVI'SJON '
OF PART Of THE' WEST, HALF' ,OF$ECTION12" TOWNSHIP41NQRTfh RANGE: 11 EAST
OF THE THIRD PRINCIPAl. MERrOJAN,4,CCORDINC TO tHE ,PLAT THEREOF ' ,
RE'GlSTe;RED ",IN THE 'fiE:Gl stAAR'''S OFFICE :Or-CpOK , 'COUNTY, ON 'OC'TOB'ER27..t9a~
AS 'oocuMENTl.R35~~'1 :"'88'9. EXCEPT THAT PART THEREOF "'OES~RI6~tl AS FOl.,LOWS:
EXCEPI UJN
$S.:OlNN ING AT TaE~ORTHEA$TCORNE,B()F, $,\10 1.,01"2;:, THf;:N,CESOUJHQO
DEGREES 06 'MJ'NUtES, 44 5.EJ;'OND$.WEST., ALO~ TtfEEAST tlNE;': ,l:)F'$:AlP I.,pTa.A
o IS! ANCE OF 21..32 fEET TO A LINe THAT li$ THE we.STERLY :E~TEN$lON OF THE
SOUTHERNMOST, L INE.QFLor2 IN ,MOUNT' ~ROSPECTC~NTRALOlSJRICt ," , , , '
SUBolvtsJ;ON ltIFPART OF 'tfiE WEST HALF OF' SECTION l2.TOwNSHI P :41 NORTH,
RANGe 11EAST,.OFTH; THIRD' PRtNc;rPAI:.M~RlP'lA.~Aec,ORPt~G TO 'THE PLAT
THEREOFRECQROEOD~CIiMB'ER,.23, ,'949 AS ,OaeUMENT ,12159;02; THENCE ,SOUTH
8:9 DEGREES 35 .MINutES 5'7SECOND:$ WESl,ALONSsAIO WEstERLYE)(l'tlNSIQN,
;23.00 ,FEET TO THt WEST, L INE,OFS.AIO t01'2. , ," THENCE NORTH 00 DEGREES 06
MINlJTE$.44 SECONDS EAst, ~LONG$AIPWE$T'~lNt,2:2.l2Fr;Er tOTH~ NORtH
LfNEOFSAID (aT 2; _,THe:tiCE,SOUTH 8e OEGREES~3Jl.41NUTES .:49SECONOSEAS:[,
AUlN(; ,S'AIDNOijTH L INE.2;'.OO FEET TO TIiE PQ I NT OF BEGclNNING, ALL INcaot<
CdUNTY, ILL lNdlS '
t
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE ACQUISITION OF
PROPERTY THROUGH CONDEMNATION OR OTHERWISE IN
THE TAX INCREMENT REDEVELOPMENT PROJECT AREA
WHEREAS, the Village of Mount Prospect, Cook County, Illinois has heretofore
adopted Ordinance Number 3554 adopting the District No. 1 Tax Increment
Redevelopment Plan and Redevelopment Project, and Ordinance Number 3555 entitled
"An Ordinance Designating District No.1 Tax Increment Redevelopment Project Area in
the Village of Mount Prospect, Illinois", and Ordinance Number 3556 entitled "An
Ordinance Adopting Tax Increment Financing for the District No. 1 Tax Increment
Redevelopment Project in the Village of Mount Prospect, Illinois all of which are
incorporated herein in their entirety.
WHEREAS, the Village of Mount Prospect has determined that the above-mentioned
Tax Increment Redevelopment Plan and Redevelopment Project which were the subject
matter of the public hearings is in the best interests of the residents of the Village of
Mount Prospect and is a public purpose; and
WHEREAS, the Village of Mount Prospect is empowered, pursuant to the Real Property
Tax Increment Allocation Redevelopment Act, PISI 79-1525, appearing as Section 11-
74.4-1 et. seq., of Chapter 65, Illinois Compiled Statutes 2003, (hereinafter the "Act") to
acquire by purchase, donation, lease or eminent domain real property within the
redevelopment project area; and
WHEREAS, the implementation of the aforementioned Tax Increment Redevelopment
Plan and Project would attract to the Village of Mount Prospect additional commercial
ventures, increase business for commercial ventures currently established within the
Village, strengthen the property and non-property tax and income bases, and would
provide jobs for the Village residents.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COUNTY OF
COOK, STATE OF ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME
RULE POWERS, as follows:
SECTION 1: That it is hereby determined that the Tax Increment
Redevelopment Plan and Redevelopment Project previously adopted be established,
maintained, controlled, managed and operated within the corporate limits of the Village
of Mount Prospect within the District Number 1 Tax Increment Redevelopment Project
Area as described in Ordinance Nos. 3554, 3555 and 3556 and that said Tax Increment
Redevelopment Plan and Redevelopment Project be occupied, improved, used and
developed in a manner necessary and convenient for public use.
1:
H:\CLKO\tiles\ WIN\ORDINANC\CondemnationOrdinance34 w. Busseaugust2006.doc
SECTION 2: That under the authority vested in the corporate authorities of the
Village of Mount Prospect, through the statutes of the State of Illinois and the home rule
power and ordinances of the Village, it is hereby determined that pursuant to the Tax
Increment Redevelopment Plan and Redevelopment Project it is necessary and desirable
that the Village shall acquire title to and possession of certain real property commonly
known as 34 W. Busse Avenue, Mount Prospect, Illinois, Permanent Index 08-12-102-
057, and legally described in the Exhibit which is attached hereto and made a part hereof
and hereinafter referred to as the "Subject Property", which property is within the
foregoing Tax Increment Redevelopment Project Area and is necessary, required and
needed to achieve the objectives of the foregoing Tax Increment Redevelopment Plan and
Redevelopment Project, and which property lies wholly within the limits of the Village of
Mount Prospect.
SECTION 3: That the Village Attorney or such other persons as he may
designate are hereby authorized, empowered and directed to negotiate personally or
through its representatives for and on behalf of said Village with the owner or owners of
the Subject Property for the purchase and acquisition thereof by said Village.
SECTION 4: That in the event the said Village Attorney or his designee are
unable to agree with the owner or owners of said real property as to the compensation
thereof, then title to and possession of the Subject Property shall be acquired by the
Village of Mount Prospect through condemnation, and authorization is hereby given to
institute proceedings in any court of competent jurisdiction to acquire title to and
possession of the Subject Property for the Village in accordance with the Act, the
eminent domain laws of the State of Illinois and the ordinances of the Village of Mount
Prospect.
SECTION 5: That this ordinance shall be in full force and effect from and after
its passage, approval and publication in pamphlet form as provided by law.
Passed by the Board of Trustees of the Village of Mount Prospect, Illinois and
approved by the President thereof this day of 2006.
Ayes:
Nays:
Absent:
Approved:
Irvana K. Wilks, Mayor
Attest:
M. Lisa Angell,Village Clerk
H:\CLKO\files\ WIN\ORDINANC\CondemnationOrdinance34 W. Busseaugust2006.doc
Exhibit A
Legal Description
Subject Property:
PIN Number:
34 West Busse Avenue, Mount Prospect, Illinois
08-12-102-057 -0000
PARCEL A DESCRIPTION:
LOT 1 IN MEERSMAN RESUBDIVISION IN MOUNT PROSPECT BEING ARESUBDIVISION
OF PART OF THE WEST HALF OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST
OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF REGISTERED
IN THE REGISTRAR'S OFFICE OF COOK COUNTY. ON OCTOBER' 27, 1986 AS DOCUMENT
LR 35-61-889, EXCEPT THAT PART THEREOF DESCRIBED AS FOLLOWS:
EXCEPTION
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 00 DEGREES
06 MINUTES 53 SECONDS WEST. ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF
23.07 FEET TO A LINE THAT IS THE WESTERLY EXTENSION OF THE SOUTHERNMOST LINE
OF LOT 2 IN MOUNT PROSPECT CENTRAL DISTRICT SUBDIVISION OF PART OF THE WEST
HALF OF SECTION 12. TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN. ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 23, 1949 AS
DOCUMENT 1275902; THENCE SOUTH 89 DEGREES 35 MINUTES 57 SECONDS WEST,
ALONG SAID WESTERLY EXTENS ION. 46.73 FEET TO THE WEST LINE OF SAID LOT 1;
THENCE NORTH 00 DEGREES 08 MINUTES 52 SECONDS WEST. ALONG SAID WEST LINE.
24.71 FEET TO THE NORTH LINE OF SAID LOT 1; THENCE SOUTH 88 DEGREES 23 MINUTES
49 SECONDS EAST, ALONG SAID NORTH LINE, 46.86 FEET TO THE POINT OF BEGINNING,
ALL IN COOK COUNTY, ILLINOIS.
ALSO
THAT VACATED WILLE STREET ACCORDING TO DOCUMENT RECORDED AS DOCUMENT
NUMBER 00454455.