HomeMy WebLinkAbout5. NEW BUSINESS 01/16/2007
Village of Mount Prospect
Community Development Department
Mount Prospect
MEMORANDUM
TO:
MICHAEL E. JANONIS, VILLAGE MANAGER
FROM:
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE:
JANUARY 12,2007
SUBJECT:
PZ-28-06 - CENTRAL SCHOOL MUSEUM PROJECT
103 S. MAPLE STREET
MOUNT PROSPECT HISTORICAL SOCIETY - APPLICANT
A public hearing was held November 9, 2006 to review the Petitioner's requests. However, the cope of the
project changed after the case was published and the original legal notice did not include all aspects of the code
relief necessary for the Central School project. Therefore, the case legal notice was republished and another
mailing sent to property owners within 250' of the Subject Property; the public hearing sign has been displayed
for the December public hearing.
The Planning & Zoning Commission heard the case at the December 14th meeting and transmits their
recommendation to approve Case PZ-28-06, a request for 1) a Conditional Use permit for a museum in a RA
District, which reaffirms the conditional use previously approved by Ord. 5404 with plan modifications, (the
Central School Museum will be located at the 30' setback and not 40' from the property line as shown on earlier
plans); 2) a Development Code Exception for storm water detention; 3) the Conditional Use permit to be extended
for 6 additional months; and 4) approval of an off-site parking agreement, as described in detail in the attached
staff report.
The Planning & Zoning Commission discussed the differences in the Petitioner's site plan. They noted the
current site plan complied with Village Code and that it included details on the site development whereas the
previous site plan was more conceptual. They reiterated that the request was the same as the was discussed at the
November meeting, and that the case was republished to ensure the zoning process was handled correctly.
Chair Arlene Juracek recused herself from the case because she is on the Historical Society Board. The Planning
& Zoning Commission voted 6-0 to recommend that the Village Board approve the following motion:
"To grant:
1) Approval of an off-site parking agreement for four (4) parking spaces in the municipal deck;
2) a two-year extension for the Conditional Use permit to operate a museum, with revised plans prepared by
Norman J. Toberman Assoc., dated October 19,2006;
3) The Petitioner shall confirm with the Village Engineer that the proposed swale and related improvements
would not allow additional water to pond on the adjacent properties;
PZ-28-06
December 29, 2006
Page 2
4) relief from Sec. 15.402 and approve a Development Code Exception exempting the Petitioner from
providing storm water detention for the Central School Project;
5) a two-year extension for the Development Code Exception for the storm water relief
for the property at 103 S. Maple Street, Case No. PZ-28-06."
Please forward this memorandum and attachments to the Village Board for their review and consideration at their
January 16, 2007 meeting. Staff will be present to answer any questions related to this matter.
W~(
William J.
lit H:\PLAN\Planning & Zoning COMM\P&Z 2006'u'\1EJ Memos\PZ-28-06.MEJ II (103 S Maple).doc
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ-28-06
Hearing Date: December 14,2006
PROPERTY ADDRESS:
103 S. Maple Street
PETITIONER:
Mount Prospect Historical Society
PUBLICATION DATE:
November 29,2006
PIN NUMBERS:
08-12-110-002-0000
REQUESTS:
1) Off-site parking agreement, 2) Development Code Exception
(storm water detention), 3) Extension of Conditional Use Permit
(Ordinance 5404), and 4) Extension of Development Code Exception
MEMBERS PRESENT:
Arlene Juracek
Joseph Donnelly
Leo Floros
Marlys Haaland
Ronald Roberts
Richard Rogers, Acting Chairperson
Keith Youngquist
Mary Johnson, Alternate
ST AFF MEMBER PRESENT:
Judy Connolly, AICP, Senior Planner
Ellen Divita, Deputy Director, Community Development Department
INTERESTED PARTIES:
Gavin Kleespies
Chairperson Arlene Juracek called the meeting to order at 7:31 p.m. Richard Rogers moved to approve the
minutes of the November 22, 2006 meeting and Keith Youngquist seconded the motion. The motion was
approved 6-0, with Joseph Donnelly and Arlene Juracek abstaining. Richard Rogers made a motion to continue
case PZ-30-06 to the January 25, 2007 Planning and Zoning Commission Meeting. Keith Youngquist seconded
the motion. The motion was approved 7-0. After hearing one previous case, Chairperson Juracek recused herself
from this case and Acting Chairperson Richard Rogers introduced Case Number PZ-28-06 at 9:37 p.m.
Judith Connolly, Senior Planner, introduced the case and stated that a public hearing was held November 9, 2006
to review the Petitioner's requests. However, the scope of the project changed after the case was published and
the original legal notice did not include all aspects of the code relief necessary for the Central School project.
Therefore, the case legal notice was republished and another mailing sent to property owners within 250 feet of
the Subject Property; the public hearing sign has been displayed for the new public hearing.
Ms. Connolly said the scope of the project and the requested relief had not changed since the November hearing.
She presented the case and noted the differences in the previously approved site plan and the site plan currently
before the Commission.
Ms. Connolly stated that the Petitioner received Conditional Use approval in January 2004 to operate a museum
in the former Central School (Ordinance 5404). The Central School would be relocated from its current location
at Wille and Thayer, to the Subject Property to house the museum. She said the Historical Society would use the
Central School museum as a part of their existing operation.
Richard Rogers, Acting Chairperson
Planning & Zoning Commission Meeting December 14, 2006
PZ-28-06 (2)
Page 2
Ms. Connolly said the Conditional Use permit has already been granted, but needs to be reaffirmed since the
project has encountered delays and was not completed within the maximum time of one year granted per the
Zoning Ordinance. She stated that the Village Code requires the project to be substantially underway within one
year of approving the Conditional Use permit, and be completed within 18 month. Since the Petitioner anticipates
completing the project in no more than two years, the Petitioner is seeking a 6-month extension, from the 18-
month provision, to arrive at a two-year timeframe.
Ms. Connolly also said the site plan has been slightly modified and the Petitioner is working with a new design
team. Therefore, the Conditional Use ordinance will include the new site plan, which indicates a 30-foot front
setback, and the new design team information. In addition, the Petitioner is seeking a Development Code
Exception so they do not have to provide storm water detention for the museum.
Ms. Connolly reiterated that the intent of the project has not changed since the Conditional Use was approved.
However, the original plans that were prepared by DLK called for locating the Central School Museum almost 40
feet from the front lot line. Also, the DLK plans were conceptual in nature and did not reflect the required ADA
and Life Safety improvements. She said in comparison, the current site plan prepared by Norman J. Toberman &
Associates shows all site improvements as well as indicating different setbacks. The proposed improvements
include new stairs and ADA ramps to access the Central School Museum, as well as the installation of a new
service walk that links the museum to the existing building located on the Subject Property. In comparison, the
DLK site plan listed in Ordinance 5404 did not include these improvements and indicated a 37-foot setback.
Ms. Connolly said the project currently calls for a 6-foot x 8-foot stoop to be located in the 30-foot front setback.
In order to comply with the Village's permitted encroachment regulations, the stoop has to be scaled back to
measure no more than 5-feet by 8-feet or the building moved back so the oversized stoop is not in the required
front yard. In comparison, a roofed structure larger than 5-feet by 8-feet is typically considered an unenclosed
front porch and would require Conditional Use approval if it is located in the required front yard. Other than the
proposed stoop, the structure and site improvements would comply with all zoning bulk regulations and the
building would be improved as required by Village regulations.
Ms. Connolly showed a table comparing the Petitioner's proposal to the RA Single Family Residence district's
bulk requirements.
Ms. Connolly stated that the Village's Zoning Ordinance requires 3.5 parking spaces per 1,000 square feet for
museums; however, the Petitioner does not propose to provide the required four (4) parking spaces on-site. The
Petitioner has finalized a parking agreement with the Village to allow patrons to park in the municipal parking
deck. She said that per Section 14.2206 of the Zoning Ordinance, such an arrangement is permitted, but the
Planning & Zoning Commission has to approve the off-site parking agreement that would provide museum patron
parking in the municipal deck. A copy of the agreement was included with the staff report.
Ms. Connolly said the proposed conditional use for a museum meets the standards for Conditional Use, as
approved by Ordinance 5404. She said copies of the staff report and Planning and Zoning Commission's
recommendation regarding Ordinance 5404 were distributed in the review packet. She stated the only
modifications to the Conditional Use approved by Ordinance 5404 are the setbacks shown on the new site plan.
Staff does not believe that those modifications affect the petition's compliance with the conditional use standards
as the site complies with zoning bulk regulations, subject to modifying the stoop.
Ms. Connolly stated that the Petitioner seeks a Variation in the form of a 6-month extension of the conditional
use, as the Zoning Ordinance requires the project to be substantially underway within one year of, and completed
within 18 months of, approving the conditional use permit. The Petitioner makes this request because they
anticipate completing the project in no more than two years. Staff believes that the request for an extension of the
Conditional Use meets the standards for a Variation.
Richard Rogers, Acting Chairperson
Planning & Zoning Commission Meeting December 14, 2006
PZ-28-06 (2)
Page 3
Ms. Connolly said Section 15.401 of the Village Code states that "any commercial, industrial, multi-family
residential, or institutional development of any parcel of land involving the construction of any new building(s) or
structure(s)" shall be subject to the Development requirements detailed in Section 15.402. However, the Petitioner
found that providing storm water detention as required by Village Code would impose a significant hardship. She
stated that the Petitioner noted in their application that the footprint of the building is significantly smaller than
most new homes being built, and that the Village Code only requires storm water detention for residential projects
when two or more residences are built. Therefore, the museum project would have less of an impact than a new
residential home, which is not required to provide storm water detention.
Ms. Connolly stated that the Engineering Division reviewed the request and found that the applicant submitted
information showing a design for providing stormwater detention on site. Therefore, because stormwater
detention is required by code, and can be provided on site, Engineering stated they could not support the
applicant's request. However, Engineering concurs with the Petitioner's observation that the Central School
building is smaller than a typical house, and that the V illage Code does not require stormwater detention for
single family homes. Consequently, because the proposed relocation would have less of an impact to the existing
drainage system than if a new house were to be built on the site, Engineering did not object to the applicant's
requested Development Code exception. In addition, a new single family home is permitted by Village Code to
cover 50% of the Subject Property. In comparison, the Petitioner's project calls for 34% lot coverage.
Ms. Connolly said Village Code Section 15.109 permits the Planning & Zoning Commission to recommend
approval of exceptions to Development Code regulations upon finding that severe hardship, "caused by conditions
uniquely attributable to the land under consideration, would be imposed upon an applicant by compliance with
these regulations and upon a finding that there are alternate feasible means of fulfilling the purpose and spirit of
the regulations to protect the public health, safety and welfare...." She summarized the standards the request must
meet for an exception, as listed in Code Section 15.109.
Ms. Connolly stated that the site currently does not provide storm water detention and the Petitioner proposes to
relocate a structure with a footprint that measures slightly more than 1,000 sq. ft. to the site. Since the project
qualifies as an institutional use, it is required to provide storm water detention. However, if one single family
home were to be built on the Subject Property, the Zoning Ordinance would allow a structure up to 3,925 square
feet to be built and the Subject Property could have up to 50% lot coverage without providing storm water
detention. In comparison, the Petitioner's project includes 34% lot coverage and a much smaller structure than
the maximum size home that could be constructed.
Ms. Connolly said Staff found that the proposed use is unique to the community and that the request is consistent
with Village requirements for a single family residence. However, this project would have less of an impact than
the construction of the largest home permitted to be built per the Zoning Ordinance. She stated that the request is
not based on financial gain and it would not adversely impact the public welfare, other property, or the
neighborhood character. Therefore, this request meets the applicable standards, though Staff recommends that
approval of this exception be subject to the continuing existence of the conditional use which is the subject of this
petition.
Based on this analysis, Staff recommends the Planning & Zoning Commission approve the following motion:
"To adopt the findings and recommendations of Staff as the findings of the Planning and Zoning Commission,
and, finding that the petition meets the standards of the Village of Mount Prospect Zoning Code, to recommend
approval of: PZ-28-06 to the Village of Mount Prospect Board of Trustees, as follows:
Richard Rogers, Acting Chairperson
Planning & Zoning Commission Meeting December 14, 2006
PZ-28-06 (2)
Page 4
1) A Conditional Use permit for a museum in a RA District, subject to plans prepared by Norman J.
Toberman & Associates dated September 14,2006, but revised to reflect a stoop no larger than 5-feet by 8-
feet;
2) An extension of the Conditional Use permit for 6 additional months (Section 14.203.F.ll(a));
3) A Development Code Exception that exempts the Petitioner from providing storm water detention for the
Subject Property (Section 15.402.B) during the existence of the Conditional Use permit; and
4) An off-site parking agreement for four (4) parking spaces in the municipal deck
for the property at 103 S. Maple Street, Case Number PZ-28-06."
Ms. Connolly stated that the Village Board's decision is final for this case.
Acting Chair Rogers stated that the Commission has approved three of these items and the fourth item is the
stoop. Ms. Connolly said the stoop is the last item for review. She stated that the proposed stoop exceeds code by
one-foot. Ellen Divita stated that the case, as discussed last month, was completely accurate. The case was
brought back before the Commission because the public notice was not published with complete information.
Gavin Kleespies, representing the Mount Prospect Historical Society, briefly summarized their request. He stated
that modifying the stoop to 5-feet by 8-feet is not a problem.
Acting Chair Rogers called for additional comments from the audience. Hearing none, the public hearing was
closed at 9:42 p.m.
Keith Youngquist made a motion to approve 1) a Conditional Use permit for a museum in a RA District, subject
to plans prepared by Norman J. Toberman & Associates dated September 14,2006, but revised to reflect a stoop
no larger than 5-feet by 8-feet; 2) an extension of the Conditional Use permit for 6 additional months (Section
14.203.F.ll(a)); 3) a Development Code Exception that exempts the Petitioner from providing storm water
detention for the Subject Property (Section 15.402.B) during the existence of the Conditional Use permit; and 4)
an off-site parking agreement for four (4) parking spaces in the municipal deck for the property at 103 South
Maple Street, Case Number PZ-28-06. Leo Floros seconded the motion.
UPON ROLL CALL:
A YES; Donnelly, Floros, Haaland, Roberts, Rogers, Youngquist, Johnson
NAYS: None
ABSTAIN: Juracek
Motion was approved 7-0.
After hearing two additional cases, Marlys Haaland made a motion to adjourn at 10:22 p.m., seconded by Keith
Youngquist. The motion was approved by a voice vote and the meeting was adjourned.
----........
H:\PLAN\Planning & Zoning COMM\P&Z 2006\.Vlinutes\PZ-28-06 103 S, Maple MPH$.doc
Village of Mount Prospect
Community Development Department
CASE SUMMARY - PZ-28-06
LOCATION:
103 S. Maple Street
PETITIONER:
Mount Prospect Historical Society
OWNER:
Village of Mount Prospect
PARCEL#:
08-12-110-002-0000
LOT SIZE:
0.18 acres (7,855 sq. ft.)
ZONING:
RA Single Family Residence
LAND USE:
Vacant Lot
REQUEST:
1) Off-site parking agreement, 2) Development Code Exception (storm water detention),
3) Approval of Conditional Use Permit, reaffirming Ord. 5404 with modifications. and 4)
Extension of Conditional Use
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MEMORANDUM
Village of Mount Prospect
Community Development Department
TO:
MOUNT PROSPECT PLANNING & ZONING COMMISSION
ARLENEJURACEK,CHAIRPERSON
FROM:
JUDY CONNOLLY, AICP, SENIOR PLANNER
DATE:
DECEMBER 7,2006
HEARING DATE:
DECEMBER 14, 2006
SUBJECT:
PZ-28-06 - CENTRAL SCHOOL RELOCATION PROJECT
103 S. MAPLE STREET (MOUNT PROSPECT HISTORICAL SOCIETY)
BACKGROUND
A public hearing was held November 9, 2006 to review the Petitioner's requests. However, the scope of the
project changed after the case was published and the original legal notice did not include all aspects of the code
relief necessary for the Central School project. Therefore, the case legal notice was republished and another
mailing sent to property owners within 250' of the Subject Property; the public hearing sign has been displayed
for the new public hearing.
A public hearing has been scheduled for the December 14, 2006 Planning & Zoning Commission meeting to
review the application of the Mount Prospect Historical Society (the "Petitioner") regarding the property located
at 103 S. Maple Street (the "Subject Property"). The Petitioner is seeking approval of 1) a Conditional Use permit
for a museum in a RA District, which reaffirms the conditional use previously approved by Ord. 5404 with plan
modifications (the Central School Museum will be located at the 30' setback and not 40' from the property line as
shown on earlier plans), 2) a Development Code Exception for storm water detention; 3) the Conditional Use
permit to be extended for 6 additional months; and 4) approval of an off-site parking agreement. The P&Z
hearing was properly noticed in the November 29, 2006 edition of the Journal Topics Newspaper. 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 east side of Maple Street, between Busse Avenue and Northwest Highway,
and is a vacant lot. The site is located directly south of the Historical Society's existing facility at 101 S. Maple
Street. The Subject Property is zoned RA Single Family Residence and is bordered by the RA Single Family
Residential district to the north, south and east, and the B5C Central Commercial Core (bank office building) to
the west. The Subject Property is owned by the Village of Mount Prospect, but is leased to the Mount Prospect
Historical Society.
SUMMARY OF PROPOSAL
The Petitioner received Conditional Use approval in January 2004 to operate a museum in the former Central
School (Ord. 5404). The Central School would be relocated from its current location at Wille and Thayer to the
Subject Property to house the museum. The Historical Society would use the Central School museum as a part of
their existing operation.
PZ-28-06
Planning & Zoning Commission meeting December 14, 2006
Page 3
The Village's Zoning Ordinance lists 'Cultural institutions, libraries, and museums' as a Conditional Use in the
RA Single Family Residence district. The Conditional Use permit has already been granted, but needs to be
reaffirmed since the project has encountered delays and was not completed within the maximum time of one year
granted per the Zoning Ordinance. The Village Code requires the project to be substantially underway within one
year of approving the Conditional Use permit, and be completed within 18 month. Since the Petitioner anticipates
completing the project in no more than two years, the Petitioner is seeking a 6-month extension, from the 18-
month provision, to arrive at a two-year timeframe.
Also, the site plan has been slightly modified and the Petitioner is working with a new design team. Therefore,
the Conditional Use ordinance will include the new site plan, which indicates a 30-foot front setback, and the new
design team information. In addition, the Petitioner is seeking a Development Code Exception so they do not
have to provide storm water detention for the museum.
GENERAL ZONING COMPLIANCE
The intent of the project has not changed since the Conditional Use permited was approved. However, the
original plans that were prepared by DLK called for locating the Central School Museum almost 40' from the
front lot line. Also, the DLK plans were conceptual in nature and did not reflect the required ADA and Life
Safety improvements. In comparison, the new site plan prepared by Norman J. Toberman & Associates shows all
site improvements as well as indicating different setbacks (see table below). The proposed improvements include
new stairs and ADA ramps to access the Central School Museum, as well as the installation of a new service walk
that links the museum to the existing building located on the Subject Property. In comparison, the DLK site plan
listed in Ord. 5404 did not include these improvements and indicated a 37' setback.
Setbacks - The project calls for a 6' x 8'stoop to be located in the 30' front setback. In order to comply with the
Village's permitted encroachment regulations, the stoop has to be scaled back to measure no more than 5' x 8' or
the building moved back so the oversized stoop is not in the required front yard. (A roofed structure larger than
5'x8' is typically considered an unenclosed front porch and would require Conditional Use approval if it is
located in the required front yard.) Other than the proposed stoop, the structure and site improvements would
comply with all zoning bulk regulations and the building would be improved as required by Village regulations.
The following table compares the Petitioner's proposal to the RA Single Family Residence district's bulk
requirements.
Proposed Site Plan
RA Single Family District Site Plan per Ord. 5404 (Prepared by Norman J.
Minimum Requirements (Prepared by DLK) Toberman & Assoc.)
SETBACKS:
Front 30' 37' 30'
11 '9" (north) 18' (north)
Interior 5' 15'3" (south) 6' (south)
Rear 25' 76.5' 83'
LOT COVERAGE 50% Maximum 23% 34%
Parking - The Village's Zoning Ordinance requires 3.5 parking spaces per 1,000 square feet for museums;
however, the Petitioner does not propose to provide the required four (4) parking spaces on-site. The Petitioner
has finalized a parking agreement with the Village to allow patrons to park in the municipal parking deck. Per
Sec. 14.2206 of the Zoning Ordinance, such an arrangement is permitted, but the Planning & Zoning Commission
has to approve the off-site parking agreement that would provide museum patron parking in the municipal deck.
A copy of the agreement has been attached to this memo.
PZ-28-06
Planning & Zoning Commission meeting December 14,2006
Page 4
CONDITIONAL USE STANDARDS
The proposed conditional use for a museum meets the standards for conditional use (14.203F.8), as approved by
Ord. 5404. Copies of the staff report and P&Z recommendation regarding Ord. 5404 are attached for the P&Z's
review. As noted above, the only modifications to the conditional use approved by Ord. 5404 are the setbacks,
new site plans and parking, and staff does not believe that those modifications affect the petition's compliance
with the conditional use standards.
VARIATION STANDARDS - EXTENSION OF CONDITIONAL USE
As noted above, petitioner seeks a variation in the form of a 6-month extension of the conditional use, as section
14.203.F.11(a) requires the project to be substantially underway within one year of, and completed within 18
months of, approving the conditional use permit. Petitioner makes this request because it anticipates completing
the project in no more than two years. Staff believes that the request for an extension of the conditional use meets
the standards for variation, as follows:
.. A hardship exists due to the physical surroundings, shape, or topographical conditions of this -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;
. The conditions are unique to the property and are not generally applicable to other property within the same
zoning classification;
. The purpose of the variation is not to increase financial gain;
. The hardship is caused by the Zoning Code and has not been created by any person having an interest in the
property;
· The granting of the variation will not be detrimental to the public welfare or injurious to other property or
improvements in the neighborhood in which the property is located;
· The variation will not impair an adequate supply of light and air to adjacent property or substantially increase
the congestion of public streets, or increase the danger of fire, or impair natural drainage or create drainage
problems on adjacent properties, or endanger the public safety or substantially diminish or impair property
values within the neighborhood
STORM WATER DETENTION - DEVELOPMENT CODE EXCEPTION
Section 15.401 of the Village Code states that "any commercial, industrial, multi-family residential, or
institutional development of any parcel of land involving the construction of any new building(s) or structure(s)"
shall be subject to the Development requirements detailed in Section 15.402. However, the Petitioner found that
providing storm water detention as required by Village Code would impose a significant hardship. The Petitioner
noted in the attached application that the footprint of the building is significantly smaller than most new homes
being built, and that the Village Code only requires storm water detention for residential projects when two or
more residences are built. Therefore, the museum project would have less of an impact than a new residential
home, which is not required to provide storm water detention.
The Engineering Division reviewed the request and found that the applicant submitted information showing a
design for providing stormwater detention on site. Therefore, because stormwater detention is required by code,
and can be provided on site, Engineering stated they could not support the applicant's request.
PZ-28-06
Planning & Zoning Commission meeting December 14,2006
Page 5
However, Engineering concurs with the Petitioner's observation that the Central School building is smaller than a
typical house, and that the Village Code does not require stormwater detention for single family homes.
Consequently, because the proposed relocation would have less of an impact to the existing drainage system than
if a new house were to be built on the site, Engineering did not object to the applicant's requested Development
Code exception. In addition, a new single family home is permitted by Village Code to cover 50% of the Subject
Property. In comparison, the Petitioner's project calls for 34% lot coverage.
DEVELOPMENT CODE EXCEPTION STANDARDS
Sec. 15.109 permits the Planning & Zoning Commission to recommend approval of exceptions to Development
Code regulations upon finding that severe hardship, "caused by conditions uniquely attributable to the land under
consideration, would be imposed upon an applicant by compliance with these regulations and upon a finding that
there are alternate feasible means of fulfilling the purpose and spirit of the regulations to protect the public health,
safety and welfare...". The request must meet the standards for an exception, which are listed in Sec. 15.109 and
are summarized as follows:
. 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 site currently does not provide storm water detention and the Petitioner proposes to relocate a structure with a
footprint that measures slightly more than 1,000 sq. ft. to the site. Since the project qualifies as an institutional
use, it is required to provide storm water detention. However, if one single family home were to be built on the
Subject Property, the Zoning Ordinance would allow a structure up to 3,925 sq.ft. to be built and the Subject
Property could have up to 50% lot coverage (3,925 sq. ft.) without providing storm water detention. In
comparison, the Petitioner's project includes 34% lot coverage and a much smaller structure than the maximum
size home that could be constructed.
Staff found that the proposed use is unique to the community and that the request is consistent with Village
requirements for a single family residence. However, this project would have less of an impact than the
construction of the largest home permitted to be built per the Zoning Ordinance. The request is not based on
financial gain and it would not adversely impact the public welfare, other property, or the neighborhood character.
Therefore, this request meets the applicable standards, though Staff recommends that approval of this exception
be subject to the continuing existence of the conditional use which is the subject of this petition.
RECOMMENDATION
Based on the above analysis, Staff recommends the Planning & Zoning Commission approve the following
motion:
"To adopt the findings and recommendations of Staff as the findings of the Planning and Zoning Commission,
and, finding that the petition meets the standards of the Village of Mount Prospect Zoning Code, to recommend
approval of: PZ-28-06 to the Village of Mount Prospect Board of Trustees, as follows:
1) A Conditional Use permit for a museum in a RA District, subject to plans prepared by Norman J.
Toberman & Associates dated September 14, 2006, but revised to reflect a stoop no larger than 5 'x8';
2) An extension of the Conditional Use permit for 6 additional months (Section 14.203.F.ll(a));
PZ-28-06
Planning & Zoning Commission meeting December 14, 2006
Page 6
3) A Development Code Exception that exempts the Petitioner from providing storm water detention for the
Subject Property (Section 15.402.B) during the existence of the Conditional Use permit; and
4) An off-site parking agreement for four (4) parking spaces in the municipal deck
for the property at 103 S. Maple Street."
The Village Board's decision is final for this case.
I concur:
Vfl:
( ..
William J. Cooney, AI , Director of Community Development
Ijmc H:\PLAN\Plamllllg & Zoniug COMM\P&Z 2006\StaffMcmo\PZ~28-06 MEMO 1I GW (t03 S Maple - Dcv Code Excepaion- His(orical Society) (2).doc
Mount Prospect Public Works Department
INTEROFFICE MEMORANDUM
TO: SENIOR PLANNER JUDY CONNOLLY
FROM: PROJECT ENGINEER CHUCK lINDElOF
DATE: SEPTEMBER 27, 2006
SUBJECT: PZ-28-06; CENTRAL SCHOOL RELOCATION CODE EXCEPTION
(103 SOUTH MAPLE STREET)
We have reviewed the request for an exception from the Village Code requiring
stormwater detention for the Central School relocation, and offer the following:
Section 15.401 of the Village Code states that "any commercial, industrial, multi-family
residential, or institutional development of any parcel of land involving the construction
of any new building(s) or structure(s)" shall be subject to the Development requirements
detailed in Section 15.402. Among these is the requirement to install stormwater
detention. Included in the applicant's submittal requesting the code exception is a site
plan showing a design for how stormwater detention could be provided on site.
Therefore, because stormwater detention is required by code, and can be provided on
site, we do .not support the applicant's request.
However, we also concur with the applicant's observation that the Central School
building is smaller than a typical house, and that the Village Code does not require
stormwater detention for single family homes. Consequently, because the proposed
relocation would have less of an impact to the existing drainage system than if a new
house were to be built on the site, we have no objections to applicant's requested Code
exception.
Please feel free to call if you have any questions.
/'J~
~;k lindelof
H:\Engineering\Development\Reviews\CentraISchool\PZ-28-06.doc
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
Development Code Exception
Mount Prospect
Z Case Number
0
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~:B Subdivision Namel Addres
~ I:
O~ Date of Submission
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~ Hearing Date
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Petitioner Telephone (day)
Gavin Kleespies 847.392.9006
Corporation Telephone (evening)
The Mount Prospect Historical Society
Z
0 Street Address Fax
- ~S. Maple Street
Eo-<
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:E City State Zip Code Email
~ Mount Prospect IL 60056 k1eespiesmphist@wowway.com
0
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-
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Z
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~ 847.392.6000
~ Corporation Telephone (evening)
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U The Village of Mount Prospect
-<
= Street Address Fax:
50 S. Emerson Street 847.392.6022
City State Zip Code Email
Mount Prospect IL 60056 pio@mountprospect.org
SurveyorlEngineer
Anton Adams 301 N. Wille Street Mount Prospect, IL 60056 Telephone (day)
(surveyor)
Norman Toberman 2340 S. Arlington Heights Road Arlington Fax
Heights, IL 60005 (Civil Engineer)
Email
I SUBDIVISION NAME Lots 1 and 2 in block 11 in Busse and Wille's Re-subdivision
REAL ESTATE INDEX NO.: 08-- 11 --110 -- 002 -- 0 0 0 0
REAL ESTATE INDEX NO.:
LOCATION OR ADDRESS:
LAND USE: EXISTING Vacant Lot PROPOSED: Conditional Use (Museum) to
allow the relocation of the existine: Central School buildine:.
ZONING: EXISTING RA Sine:le Familv Residence PROPOSED:
List Development Code exception request and explain why it is necessary:
I The Mount Prospect Historical Society would like to request consideration of a development code exception for the required storm
water retention for our project relocating the Central School from 201 N Wille Street to 103 S. Maple. This is an unusual project, but
one that will offer the community great benefits.
We believe that this project will have a small water retention impact and that the construction of a storm water retention basin would
impose a significant hardship. First this is a relocation project rather than a new construction and secondly the building has a small
footprint and is in fact smaller than most new construction homes in the community. The Mount Prospect Historical Society also
believes that the construction of a storm water retention basin would cause hardship because: 1) The school house project is being
undertaken by a small non-profit organization to which the construction of a storm water retention basin would be a significant
economic hardship 2) The Society is working with a very constrained schedule. In 2002, the Mount Prospect Historical Society
entered into a five year agreement with the current owner of the land on which the school sits on to move the building off their
property. Our time is running very short and the Village faces the possibility of losing its most historic building if we do not move it.
Once the five years is up, we have no way to prevent the demolition ofthe building. If that were allowed to happen, the Village would
lose its only one room schoolhouse and the building that was the first home of School District 57, the public library, the volunteer fire
department, the Woman's Club, the campfire girls, Saint Paul Lutheran Church, South Church, Saint John's Episcopal Church and the
site where the Village was incorporated. 3) Finally, we have spent months designing this project with staff of the public works and
forestry departments to save the mature trees that exist on this site, most notably a black walnut tree. The excavation ofthe site and the
laying of pipes for the storm water retention could adversely affect these trees.
While we support the Village's policy on storm water retention, we feel that installing storm water retention on this site would cause
unnecessary hardship on the Society and imperil an important project that otherwise will have a very small water retention impact.
Accordingly, the Society requests administrative relief from the storm water retention requirements.
Thank you for your consideration.
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
accur~te to the bes~.kno~~e.
Applicant ~ ~ Date ~/15/CT6
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
Mount Prospect Department of Community Development
50 South Emerson Street, Mount Prospect Illinois
Date
2
Phone 847.818.5328
Fax 847.818.5329
TDD 847/392-6064
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HISTORICAL SOCIETY PARKING AGREEMENT
THIS AGREEMENT is made and entered into this ZyT~ day of
OCTOher, 2006, by and between the Village of Mount Prospect, an Illinois
home rule municipal corporation (the "Village") and the Mount Prospect Historical
Society, an Illinois not-for-profit corporation (the "Society")(sometimes collectively
referred to as the "Parties. ")
WHEREAS, the Mount Prospect Historical Society has proposed to a
Conditional Use for its museum located at 1 02 S. Maple Street, Mount Prospect,
Illinois ("the Museum"); and
WHEREAS, the Zoning Ordinance of the Village of Mount Prospect (the
"Zoning Ordinance") requires the Society to provide four (4) off-street parking
spaces (the "Off-Street Parking Requirements"); and
WHEREAS, the Village owns and operates a certain municipal parking
garage located at 30 S. Emerson Street (the 'Village Garage"); and
WHEREAS, the President and Board of Trustees find that it is in the best
interests of the Village to promote the viability of the Museum and that such
viability may be promoted by the Village's agreement to permit Developer to
comply with the Off-Street Parking Requirements through the use of the Village
Garage, to the extent specifically provided for in this Agreement.
NOW THEREFORE, in consideration of the foregoing and in consideration
of the mutual understandings, promises, considerations and agreements as set
forth below, the Parties agree and covenant as follows:
1. The Society shall request from the Village, and the Village shall make
available four (4) parking spaces in the Village Garage on terms to be
mutually agreed upon between the Village and the Society.
2. The Village shall, in its sole discretion, designate which area(s) within the
Village Garage may be utilized by the Society for parking under this
Agreement. The Village shall, in its sole discretion, have authority to
modify such designations at any time upon thirty (30) days written notice
to the Society.
3. The Society will not be required to pay a fee for the parking spaces.
4. Employees and patrons shall abide by all Village rules and regulations of
general applicability for display of the Parking Permits and use of public
parking facilities in the Village in effect from time to time.
iManage 182921 1
5. This Agreement shall remain in full force and effect for a period of twenty
(20) years from and after its effective date. This Agreement shall be
mutually renewable for successive periods of five (5) years thereafter.
6. Notice. Any. Notice required under this Agreement shall be made in
writing and given in person or by registered or certified mail, return receipt
requested, addressed to the parties as follows, or at such other place as
either of them may hereafter designate for itself by notice in writing to the
other:
To: Village of Mount Prospect:
Society
To: Mount Prospect Historical
Director of the Finance Department
Village of Mount Prospect
50 S. Emerson Street
Mount Prospect, Illinois 60056
Executive Director
MP Historical Society
101 S. Maple Street
Mount Prospect, Illinois 60056
Notice shall become effective upon receipt.
7. If any provision of this Agreement is found to be invalid, illegal or
unenforceable, that provision shall be severable from the rest of this
Agreement and the validity, legality and enforceability of the remaining
provisions will in no way be affected or impaired.
8. Governing Law. This Agreement shall be governed by the construed in
accordance with the laws of the State of Illinois. Venue shall only be
proper in a court of competent jurisdiction located within the county of
Cook, Illinois.
IN WITNESS WHEREOF, the parties have executed this Agreement on
the day and year first written above. .
VillAGE OF MOUNT PROSPECT,
An Illinois home rule municipal
corporation
By:
MOUNT PROSPECT
SOCIETY, an Illinois
corporation
BY:~~
HISTORICAL
not -for-profit
iManage 1829211
2
ORDINANCE NO. 5404
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR
PROPERTY LOCATED AT 103 SOUTH MAPLE STREET
Passed and approved by
the President and Board of Trustees
the 6th day of January, 2004
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois,
the 7th day of January, 2004
vwl
12/30/03
ORDINANCE NO. 5404
AN ORDINANCE GRANTINGACONDI1]ONALU.~f;p~~.M._.J.I
- .,' . .... - ... 'C '.... ,-. '.... .... ... ~
FOR PROPERTY LOCATED AT 103 SOUTH MAPLE STREET
WHEREAS, the Mount Prospect Historical Society (hereinafter referred to as "Petitioner)
has filed a petition for a Conditional Use permit with respect to property located at 103 South
Maple Street, (hereinafter referred to as the "Subject Property") and legally described as
follows:
Lots 1 and 2 in Block 11 in Busse and Wille's Resubdivision in Mount Prospect in
the West Half (1/2) of Section 12, Township 41 North, Range 11 East of the Third
Principal Meridian.
Property Index Number: 08-12-110-002-0000;
and
WHEREAS, the Petitioner seeks a Conditional Use permit to allow the relocation of an
existing building to be operated as a historical museum at 103 South Maple Street; and
WHEREAS. a Public Hearing was held on the request for Conditional Use permit being the
subject of PZ-48-03 before the Planning and Zoning Commission of the Village of Mount
Prospect on the 11 th day of December, 2003, pursuant to proper legal notice having been
published in the Mount ProsDect Journal & TODics on the 26th day of November, 2003; and
WHEREAS, the Planning and Zoning Commission has submitted its findings and
recommendations to the Presidentand Board of Trustees in support of the request be!ng the
subject of PZ-48-03; and
WHEREAS, the President and Board of Trustees ofthe Village of Mount Prospect have given
consideration to the request herein and have determined that the same meets the standards
of the Village and that the granting of the proposed Conditional Use permit would be in the
best interest of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT. A.NP~QA.R. D.. .0... F
.. -.. .
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: The recitals set forth hereinCibove are incorporated as findings of fact by the
President and Board of Trustees of the Village of Mount Prospect.
103 S. Maple Street
Page 2/2
SECTION TWO: The President and Board .of Trustees oOhe Village of Mount Prospect do
hereby grant a Conditional Use permit, as provided in Section 14.203.F.7 of the Village Code,
to allow the relocation of an existing building to be operated as a historical museum at
103 South Maple Street, as shown on the Site Plan, a copy of which is attached hereto and
hereby made a part hereof as Exhibit "A."
SECTiON THREE: That prior to the issuance of a building permit relative to the Conditional
Use permit, the following conditions and/or written documentation shall be fulfilled:
1. The site shall be developed in accordance with the plans prepared by DLK dated
November 10, 2003;
2. The Petitioner shall submit aland$cape plan for Staff review prior to applying for a
building permit;
3. The Petitioner shall confer with staff whend~termining the travel path for relocating
the schoolhouse and adhere to St~ff's requirements for tree protection;
4. The Petitioner shall enter into an off-site parking agreement with the Village of
Mount Prospect to ensure parking spaces are provided as required by the Zoning
Ordinance;
5. The site and building shall be developed in accordance with all Village Codes,
which include, but are not limited to, the installation of fire sprinklers.
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 fro.m and after its passage,
approval and publication in pamphlet form in the manner provided by law.
AYES: Corcoran, Hoefert, Lohrstorfer, Skowron, Wilks Zadel
NAYS: None
ABSENT: None
PASSED and APPROVED this 6th day of January, 2004.
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Mt Prospect Historical SocietY School.. Relocation Study
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Square Footage Estimate
2.5 Story Residence 1,418 sf
School 1,116s1
Garaga 424 sf
1 Slory Building 720 sf
Total Lot Area 16,123 sf
Percent Coverage 22.8 %
~~ bisling BUildingS
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Site Plan ~
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NOVEMBt:R 10, 2003
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Subject: Central School Press Release
October 17, 2006
FOR IMMEDIATE RELEASE
HISTORICAL SOCIETY KICKS OFF VILLAGE-WIDE
DRIVE TO MOVE 1896 SCHOOLHOUSE
The Mount Prospect Historical Society has kicked off a massive, village-wide
fund-raising drive to move the 1896 Central Schoolhouse from its current
location at Thayer and Wille Streets to its new location at 103 S. Maple
St., next door to the Dietrich Friedrichs House Museum.
"Our hope is to move the schoolhouse this winter or early next spring in
order to accommodate the wishes of the Public Works Department to keep
damage to the trees along the moving route to a minimum," says Marilyn
Genther, President of the Mount Prospect Historical Society.
A series of three fund-raising postcards will be arriving in every
residential mailbox in the Village over the next month. In addition,
Society board members and other concerned citizens have been hand-writing
appeal letters to former Housewalk homeowners, prominent citizens, former
residents and elected officials. Appeals have also been local clubs and
businesses.
"We are doing an all-out push in order to raise the $200,000 still necessary
to make this move a reality," explains Gavin W. Kleespies, Executive
Director of MPHS.
"This move has become very costly thanks to the cost of moving electrical
and cable lines at Central and Route 83j architectural plans; engineering
workj permits from the state, IDOT and other non-Village entitiesj and so
forth," he adds. "The total cost of the project is $350,000, but the vast
majority of those are upfront costs. Once the schoolhouse is in place on
its foundation, it will only cost $50,000 to finish it and we expect many of
those services will be donated."
"We are determined to make this work,"
in which our Village was incorporated!
wrecking ball."
he concludes. "This is the building
We cannot let it fall to the
For more information about the schoolhouse project, phone Gavin Kleespies,
Executive Director of the Mount Prospect Historical Society, at 847-392-9006
or visit www.yourcentralschool.org
Gavin W. Kleespies
Executive Director, MPHS
(847) 392-9006
www.mphist.org
www.mtphistory.org
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SURFACE LEGEND
@ REMOVAL" REPLACEMENT
5- P,C. CONCR[lE SIOEW"-LK
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@ 5" P.C. CONCRETE WAU</STOOP
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@ REMOVAL" REPLACEMENT
COMBINATION CONCRETE CURe" GUTTER. TYPE M 6.12
w/2-15 REIlARS 8< 3" AGGREGAlE BASE
@ errUMINOUS PAVEMENT REMOVAL 8< REPlACEMENT
2" BITUMINOUS CONCRETE SURFACE COURSE (N-50)
2" BITUMINOUS CONCRETE elNOER COURSE (N-JO)
~ 6" TOP SOlL 8< SOD (IN PARKWAY)
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@ 6' CONSTRUCTION F[NCE (lEllPORARY)
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CD
DEMOLlTIO~1 LEQEllil
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Village of Mount Prospect
Community Development Department
CASE SUMMARY - PZ-28-06
LOCATION:
PETITIONER:
OWNER:
PARCEL #:
LOT SIZE:
ZONING:
LAND USE:
REQUEST:
103 S. Maple Street
Mount Prospect Historical Society
Village of Mount Prospect
08-12-110-002-0000
0.18 acres (7,855 sq. ft.)
RA Single Family Residence
Vacant Lot
1) Off-site parking agreement, 2) Development Code Exception (storm water detention),
3) Extension of Conditional Use Permit (Ord. 5404), and 4) Extension of Development
Code Exception
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MEMORANDUM
Village of Mount Prospect
Community Development Department
TO:
MOUNT PROSPECT PLANNING & ZONING COMMISSION
ARLENEJURACEK,CHAIRPERSON
FROM:
JUDY CONNOLLY, AICP, SENIOR PLANNER
DATE:
NOVEMBER 2, 2006
HEARING DATE:
NOVEMBER 9, 2006
SUBJECT:
PZ-28-06 - CENTRAL SCHOOL RELOCATION PROJECT
103 S. MAPLE STREET (MOUNT PROSPECT HISTORICAL SOCIETY)
BACKGROUND
A public hearing has been scheduled for the October 26, 2006 Planning & Zoning Commission meeting to review
the application by the Mount Prospect Historical Society (the "Petitioner") regarding the property located at 103
S. Maple Street (the "Subject Property"). The Petitioner is seeking approval of an off-site parking agreement,
which was a conditional of approval listed in Ord. 5404. The Conditional Use permit for the museum granted for
one year when Ord. 5404 was passed needs to be extended since the project has not been completed within the
time limit listed in the Village Code (Sec. 14.203.F). The Petitioner has also requested relief from Sec. 15.401 of
the Village Code, which requires them to provide storm water detention. In addition, the Petitioner is seeking a 2-
year extension for the Conditional Use permit and the Development Code Exception. The P&Z hearing was
properly noticed in the October 11, 2006 edition of the Journal Topics Newspaper. 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 east side of Maple Street, between Busse Avenue and Northwest Highway,
and is a vacant lot. The site is located directly south of the Historical Society's existing facility at 101 S. Maple
Street. The Subject Property is zoned RA Single Family Residence and is bordered by the RA Single Family
Residential district to the north, south and east, and the B5C Central Commercial Core (bank office building) to
the west. The Subject Property is owned by the Village of Mount Prospect, but is leased to the Mount Prospect
Historical Society.
SUMMARY OF PROPOSAL
The Petitioner received Conditional Use approval in January 2004 to operate a museum in the former Central
School (Ord. 5404). The Central School would be relocated from its current location at Wille and Thayer to the
Subject Property to house the museum. The Historical Society would use the Central School museum as a part of
their existing operation.
The Village's Zoning Ordinance lists 'Cultural institutions, libraries, and museums' as a Conditional Use in the
RA Single Family Residence district. The Conditional Use permit has already been granted, but needs to be
extended since the project has encountered delays and was not completed within the maximum time of one year
PZ-28-06
Planning & Zoning Commission meeting November 9, 2006
Page 3
granted per the Zoning Ordinance. In addition, the Petitioner is seeking a Development Code Exception so they
do not have to provide storm water detention for the museum.
GENERAL ZONING COMPLIANCE
The scope ofthe project has not changed since the Conditional Use permited was approved.
Setbacks - The project would comply with all zoning bulk regulations and the building would be improved as
required by Village regulations. The following table compares the Petitioner's proposal to the RA Single Family
Residence district's bulk requirements.
RA Single Family District Proposed
Minimum Reauirements
SETBACKS:
Front 30' 37'
11 '9" (north)
Interior 5' 15'3" (south)
Rear 25' 76.5'
LOT COVERAGE 50% Maximum 23%
Parking - The Village's Zoning Ordinance requires 3.5 parking spaces per 1,000 square feet for museums;
however, the Petitioner does not propose to provide the required four (4) parking spaces on-site. The Petitioner
has finalized a parking agreement with the Village to allow patrons to park in the municipal parking deck. Per
Sec. 14.2206 of the Zoning Ordinance, such an arrangement is permitted, but the Planning & Zoning Commission
has to approve the off-site parking agreement that would provide museum patron parking in the municipal deck.
A copy of the agreement has been attached to this memo.
STORM WATER DETENTION - DEVELOPMENT CODE EXCEPTION
Section 15.401 of the Village Code states that "any commercial, industrial, multi-family residential, or
institutional development of any parcel of land involving the construction of any new building(s) or structure(s)"
shall be subject to the Development requirements detailed in Section 15.402. However, the Petitioner found that
providing storm water detention as required by Village Code would impose a significant hards~ip. The Petitioner
noted in the attached application that the footprint of the building is significantly smaller than most new homes
being built, and that the Village Code only requires storm water detention for residential projects when two or
more residences are built. Therefore, the museum project would have less of an impact than a new residential
home, which is not required to provide storm water detention.
The Engineering Division reviewed the request and found that the applicant submitted information showing a
design for providing stormwater detention on site. Therefore, because stormwater detention is required by code,
and can be provided on site, Engineering stated they could not support the applicant's request.
However, Engineering concurs with the Petitioner's observation that the Central School building is smaller than a
typical house, and that the Village Code does not require stormwater detention for single family homes.
Consequently, because the proposed relocation would have less of an impact to the existing drainage system than
if a new house were to be built on the site, Engineering did not object to the applicant's requested Development
Code exception. In addition, a new single family home is permitted by Village Code to cover 50% of the Subject
Property. In comparison, the Petitioner's project calls for 23% lot coverage.
PZ-28-06
Planning & Zoning Commission meeting November 9, 2006
Page 4
DEVELOPMENT CODE EXCEPTION STANDARDS
Sec. 15.109 permits the Planning & Zoning Commission to recommend approval of exceptions to Development
Code regulations in cases of hardship, "caused by conditions uniquely attributable to the land under consideration,
would be imposed upon an applicant by compliance with these regulations and upon a finding that there are
alternate feasible means of fulfilling the purpose and spirit of the regulations to protect the public health, safety
and welfare...". The request must meet the standards for an exception, which are listed in Sec. 15.109 and are
summarized as follows:
.. 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 site currently does not provide storm water detention and the Petitioner proposes to relocate a structure with a
footprint that measures slightly more than 1,000 sq. f1. to the site. Since the project qualifies as an intuitional use,
it is required to provide storm water detention. However, if one single family home were to be built on the
Subject Property, the Zoning Ordinance would allow a structure up to 3,925 sq.f1. to be built and the Subject
Property could have up to 50% lot coverage (3,925 sq. f1.) without providing storm water detention. In
comparison, the Petitioner's project includes 23% lot coverage and a much smaller structure than the maximum
size home that could be constructed.
Staff found that the proposed use is unique to the community and that the request is consistent with Village
requirements for a single family residence. However, this project would have less of an impact than the
construction of the largest home permitted to be built per the Zoning Ordinance. The request is not based on
financial gain and it would not adversely impact the public welfare, other property, or the neighborhood character.
RECOMMENDATION
Based on the above analysis, Staff recommends the Planning & Zoning Commission approve the following
motion:
"To grant:
1) Approval of an off-site parking agreement for four (4) parking spaces in the municipal deck;
2) a two-year extension for the Conditional Use permit to operate a museum;
3) relief from Sec. 15.401 and approve a Development Code Exception exempting the Petitioner from
providing storm water detention for the Central School Project;
4) a two-year extension for the Development Code Exception for the storm water relief for the property at
103 S. Maple Street, Case No. PZ-28-06."
The Village Board's decision is final for this case.
I ij.cur
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
Development Code Exception
Mount Prospect
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Gavin Kleespies 847.392.9006
Corporation Telephone (evening)
The Mount Prospect Historical Society
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~ Mount Prospect IL 60056 kleespiesmphist@wowway.com
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U i The Village of Mount Prospect
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50 S. Emerson Street 847.392.6022
City State Zip Code Email
Mount Prospect IL 60056 pio@mountprospect.org
Surveyor/Engineer
Anton Adams 301 N. Wille Street Mount Prospect, IL 60056 Telephone (day)
(surveyor)
Norman Toberman 2340 S. Arlington Heights Road Arlington Fax
Heights, IL 60005 (Civil Engineer)
Email
SUBDIVISION NAME Lots 1 and 2 in block 11 in Busse and Wille's Re-subdivision
I REAL ESTATE INDEX NO.: 08-- U --110 -- 002 --0000
REAL ESTATE INDEX NO.:
LOCATION OR ADDRESS:
LAND USE: EXISTING Vacant Lot PROPOSED: Conditional Use (Museum) to
allow the relocation of the existine: Central School buildine:.
ZONING: EXISTING RA Sine:le Familv Residence PROPOSED:
List Development Code exception request and explain why it is necessary:
The Mount Prospect Historical Society would like to request consideration of a development code exception for the required storm
water retention for our project relocating the Central School from 201 N Wille Street to 103 S. Maple. This is an unusual project, but
one that will offer the community great benefits.
We believe that this project will have a small water retention impact and that the construction of a storm water retention basin would
impose a significant hardship. First this is a relocation project rather than a new construction and secondly the building has a small
footprint and is in fact smaller than most new construction homes in the community. The Mount Prospect Historical Society also
believes that the construction of a storm water retention basin would cause hardship because: 1) The school house project is being
undertaken by a small non-profit organization to which the construction of a storm water retention basin would be a significant
economic hardship 2) The Society is working with a very constrained schedule. In 2002, the Mount Prospect Historical Society
entered into a five year agreement with the current owner of the land on which the school sits on to move the building off their
property. Our time is running very short and the Village faces the possibility of losing its most historic building if we do not move it.
Once the five years is up, we have no way to prevent the demolition of the building. If that were allowed to happen, the Village would
lose its only one room schoolhouse and the building that was the first home of School District 57, the public library, the volunteer fire
department, the Woman's Club, the campfire girls, Saint Paul Lutheran Church, South Church, Saint John's Episcopal Church and the
site where the Village was incorporated. 3) Finally, we have spent months designing this project with staff of the public works and
forestry departments to save the mature trees that exist on this site, most notably a black walnut tree. The excavation of the site and the
laying of pipes for the storm water retention could adversely affect these trees.
While we support the Village's policy on storm water retention, we feel that installing storm water retention on this site would cause
unnecessary hardship on the Society and imperil an important project that otherwise will have a very small water retention impact.
Accordingly, the Society requests administrative relief from the storm water retention requirements.
Thank you for your consideration.
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
accur~te to the best~~~owled . 11/ / ..~. /
ApplIcant ~_ Date 'L/ ~ 5 LOre;
If applicant Is not property own r:
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
Mount Prospect Department of Community Development
50 South Emerson Street, Mount Prospect Illinois
Date
2
Phone 847.818.5328
Fax 847.818.5329
TDD 847/392-6064
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ-28-06
Hearing Date: November 9, 2006
PROPERTY ADDRESS:
103 S. Maple Street
PETITIONER:
Mount Prospect Historical Society
PUBLICATION DATE:
October 11, 2006
PIN NUMBERS:
08-12-110-002-0000
REQUESTS:
1) Off-site parking agreement, 2) Development Code Exception
(storm water detention), 3) Extension of Conditional Use Permit
(Ordinance 5404), and 4) Extension of Development Code Exception
MEMBERS PRESENT:
Richard Rogers, Acting Chairman
Leo F10ros
Mar1ys Haaland
Ronald Roberts
Keith Youngquist
Mary Johnson, Alternate
MEMBERS ABSENT:
Arlene Juracek, Joseph Donnelly
STAFF MEMBER PRESENT:
Judith Connolly, AICP, Senior Planner
INTERESTED PARTIES:
Mark Toberman, Gavin Kleespies, Marilyn Genther, Scott Moon, Ted
Funovitz .
Acting Chairman Richard Rogers called the meeting to order at 7:38 p.m. Marlys Haaland moved to approve the
minutes of the October 26, 2006 meeting and Leo Floros seconded the motion. The motion was approved 4-0,
with Leo Floros and Mary Johnson abstaining. Leo Floros made a motion to continue cases PZ-14-06 and PZ-30-
06 to the December 14, 2006 Planning and Zoning Commission Meeting. Keith Youngquist seconded the motion.
The motion was approved 6-0. Acting Chairman Rogers introduced Case Number PZ-28-06 at 7:40 p.m.; a
request for 1) Off-site parking agreement, 2) Development Code Exception (storm water detention), 3) Extension
of Conditional Use Permit (Ord. 5404), and 4) Extension of Development Code Exception.
Judith Connolly, Senior Planner, stated the Subject Property is located on the east side of Maple Street, between
Busse Avenue and Northwest Highway, and is a vacant lot. She said the site is located directly south of the
Historical Society's existing facility at 101 S. Maple Street. The Subject Property is zoned RA Single Family
Residence and is bordered by the RA Single Family Residential district to the north, south and east, and the B-5C
Central Commercial Core (bank office building) to the west. She stated that the Subject Property is owned by the
V illage of Mount Prospect, but is leased to the Mount Prospect Historical Society.
Ms. Connolly said the Petitioner received Conditional Use approval in January 2004 to operate a museum in the
former Central School (Ordinance 5404). She stated that the Central School would be relocated from its current
location at Wille and Thayer to the Subject Property, to house the museum. She said the Historical Society would
use the Central School Museum as a part of their existing operation.
Richard Rogers, Acting Chair
Planning & Zoning Commission Meeting November 9, 2006
PZ-28-06
Page 2
Ms. Connolly stated that the Village's Zoning Ordinance lists cultural institutions, libraries, and museums as a
Conditional Use in the RA Single Family Residence district. She said the Conditional Use permit has already
been granted, but needs to be extended since the project has encountered delays and was not completed within the
maximum time of one year granted per the Zoning Ordinance. In addition, the Petitioner is seeking a
Development Code Exception so they do not have to provide storm water detention for the museum. She stated
that the scope of the project has not changed since the Conditional Use permit was approved.
Ms. Connolly said the project would comply with all zoning bulk regulations and the building would be improved
as required by Village regulations. She showed a table comparing the Petitioner's proposal to the RA Single
Family Residence district's bulk requirements.
Ms. Connolly stated that the Village's Zoning Ordinance requires 3.5 parking spaces per 1,000 square feet for
museums; however, the Petitioner does not propose to provide the required four parking spaces on-site. She said
the Petitioner has finalized a parking agreement with the Village to allow patrons to park in the municipal parking
deck. Per Section 14.2206 of the Zoning Ordinance, such an arrangement is permitted, but the Planning &
Zoning Commission has to approve the off-site parking agreement that would provide museum patron parking in
the municipal deck. She said a copy of the agreement was provided to the Commissioners in their packets.
Ms. Connolly said Section 15.401 of the Village Code states that "any commercial, industrial, multi-family
residential or institutional development of any parcel of land involving the construction of any new buildings or
structures" shall be subject to the Development requirements detailed in Section 15.402. However, the Petitioner
found that providing storm water detention as required by Village Code would impose a significant hardship. She
stated that the Petitioner noted in the application that the footprint of the building is significantly smaller than
most new homes being built, and that the Village Code only requires storm water detention for residential projects
when two or more residences are built. Although the square footage of the museum project would have less of an
impact than the typical new residential home, the residential home is not required to provide storm water
detention.
Ms. Connolly stated that the Engineering Division reviewed the request and found that the applicant submitted
information showing a design for providing storm water. detention on site. Therefore, because stormwater
detention is required by code, and can be provided on site, Engineering stated they could not support the
applicant's request. She said Engineering concurs with the Petitioner's observation that the Central School
building is smaller than a typical house, and that the Village Code does not require stormwater detention for
single family homes. Consequently, because the proposed relocation would have less of an impact to the existing
drainage system than if a new house were to be built on the site, Engineering did not object to the applicant's
requested Development Code exception. In addition, a new single family home is permitted by Village Code to
cover 50% of the Subject Property. In comparison, the Petitioner's project calls for 23% lot coverage.
Ms. Connolly said that Section 15.109 permits the Planning & Zoning Commission to recommend approval of
exceptions to Development Code regulations in cases of hardship, "caused by conditions uniquely attributable to
the land under consideration, would be imposed upon an applicant by compliance with these regulations and upon
a finding that there are alternate feasible means of fulfilling the purpose and spirit of the regulations to protect the
public health, safety and welfare...." She stated the request must meet the standards for an exception, which are
listed in Section 15.109.
Ms. Connolly. stated that the site currently does not provide storm water detention and the Petitioner proposes to
relocate a structure with a footprint that measures slightly more than 1,000 sq. ft. to the site. She said since the
project qualifies as an institutional use, it is required to provide storm water detention. However, if one single
family home were to be built on the Subject Property, the Zoning Ordinance would allow a structure up to 3,925
square feet to be built and the Subject Property could have up to 50% lot coverage without providing storm water
RIchard Rogers, Acting Chair
Planning & Zoning Commission Meeting November 9, 2006
PZ-28-06
Page 3
detention. She said in comparison, the Petitioner's project includes 23% lot coverage and a much smaller
structure than the maximum size home that could be constructed.
Ms. Connolly said Staff found that the proposed use is unique to the community and that the request is consistent
with Village requirements for a single family residence. However, this project would have less of an impact than
the construction of the largest home permitted to be built per the Zoning Ordinance. She stated the request is not
based on financial gain and it would not adversely impact the public welfare, other property, or the neighborhood
character.
Ms. Connolly stated that based on analysis, Staff recommends the Planning & Zoning Commission approve the
following motion:
"To grant:
I) Approval of an off-site parking agreement for four parking spaces in the municipal deck;
2) a two-year extension for the Conditional Use permit to operate a museum;
3) relief from Section 15.401 and approve a Development Code Exception exempting the Petitioner from
providing storm water detention for the Central School Project;
4) a two-year extension for the Development Code Exception for the storm water relief for the property at
103 S. Maple Street, Case Number PZ-28-06."
Ms. Connolly said the Village Board's decision is final for this case.
Acting Chair Rogers summarized that the Commission has three requests plus the Conditional Use extension.
Ms. Connolly verified.
Acting Chair Rogers swore in Gavin Kleespies, Director of the Mount Prospect Historical Society, 103 South
Maple Street, Mount Prospect, Illinois. Mr. Kleespies stated that providing the storm water detention would
impose a hardship on the project due to both time and monetary constraints. He is asking the Commission for
consideration in exempting the project from providing storm water detention.
Keith Youngquist said the current site plan shows setbacks that meet the Village Code, but are different from the
original site plan. Ms. Connolly said Staff would ensure the Conditional Use extension is updated to reference the
current site plan.
Mr. Roberts asked for clarification on the two-year extension on the Conditional Use. Ms. Connolly stated that
Village Code states that some progress must be made within 12 months and the museum would be moved and
operational within 18 months. The Petitioner is asking for two years in case they encounter project delays.
Acting Chair Rogers swore in Scott Moon 104 S. Elm Street, Mount Prospect, Illinois. He states his home is
located "downhill" from the Mount Prospect Historical Society and he is concerned about additional water run-off
to his property. There was general discussion regarding the topography and run-off patterns in that neighborhood.
Acting Chair Rogers swore in Mark Toberman, 2340 South Arlington Heights Road, Arlington Heights, Illinois.
Mr. Toberman is the engineer for this project. He said they are recommending a swale be built on the Historical
Society site, providing diversion from the neighbor's sump pump. He stated there will also be a sump pump in
the basement of the relocated school house, which will also help with run-off to the neighbor's property. He
stated that the downspouts on the relocated building will also be directed to minimize roof run-off to the
neighbor's property.
Richard Rogers, Acting Chair
Planning & Zoning Commission Meeting November 9, 2006
PZ-28-06
Page 4
Acting Chair Rogers stated that placement of the swale could significantly improve the run-off onto Mr. Moon's
property. Mr. Moon stated he agrees with the proposed engineering plan. There was general discussion regarding
placement of the swale and sump pump lines.
Acting Chair Rogers called for additional comments from the audience. Hearing none, the public hearing was
closed at 8:00 p.m.
Mr. Roberts stated this project has been wen planned and approving the two-year extension on the Conditional
Use allows the Historical Society ample time for fund raising. Mr. Youngquist concurred. Chair Rogers stated
that he would like the swale to be included in the construction ofthe site.
Keith Youngquist made a motion to approve I) Off-site parking agreement, 2) Development Code Exception
(storm water detention), 3) Extension of Conditional Use Permit (Ordinance 5404) with the revised plans
prepared by with revised plans prepared by Norman J. Toberman Assoc., dated October 19, 2006, and 4)
Extension of Development Code Exception, as presented with construction of a swale, for the property at 103
South Maple Street, Case Number PZ-28-06. Leo Floros seconded the motion.
UPON ROLL CALL:
AYES: Floros, Haaland, Johnson, Roberts, Youngquist, Rogers
NAYS: None
Motion was approved 6-0.
After discussion of the status of PZ-17 -06 and the next P&Z meeting date, Keith Youngquist made a motion to
adjourn at 8:07 p.m., seconded by Leo Floros. The motion was approved by a voice vote and the meeting was
adjourned.
Stacey Dun Community Development
Administrative Assistant
H:\PLANlPlanning & Zoning COMM\P&z z006\MinUles\PZ.28.Q6 \03 S. Maple MPHS.doc
ORDINANCE NO.
AN ORDINANCE GRANTING A CONDITIONAL USE AND
DEVELOPMENT CODE EXCEPTION FOR PROPERTY LOCATED
AT 103 SOUTH MAPLE STREET. MOUNT PROSPECT, ILLINOIS
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect, Illinois, did
adopt Ordinance No. 5404, entitled "An Ordinance Granting a Conditional Use Permit for Property
Located at 103 South Maple Street" (hereinafter referred to as "Ordinance 5404"), at their regular
meeting held January 6, 2004; and
WHEREAS, Ordinance 5404 granted a conditional use permit with respect to a petition filed by
the Mount Prospect Historical Society (hereinafter referred to as the "Petitioner") with regard to
the property located at 103 South Maple Street (hereinafter referred to as the "Subject
Property") and legally described as follows:
Lots 1 and 2 in Block 11 in Busse and Wille's Resubdivision in Mount Prospect in
the West Half (1/2) of Section 12, Township 41 North, Range 11 East of the Third
Principal Meridian.
and
Property Index Number: 08-12-110-002-0000;
WHEREAS, the conditional use permit granted under Ordinance 5404 expired pursuant to
Chapter 14, Section 14.203.F.11 of the Village Code, which provides that a conditional use permit
becomes null and void where the construction of an approved conditional use is not substantially
underway, or a use is not established or commenced in the building within one year from the date
of granting the conditional use, and completed within eighteen (18) months; and
WHEREAS, Petitioner has requested that the conditional use permit granted under Ordinance
5404 be reaffirmed as a new conditional use permit with different. site plans, a six (6) month
extension of the conditional use, and a Development Code exception for storm water detention
(hereinafter referred to as the "Conditional Use Permit"); and
WHEREAS, the Planning and Zoning Commission of the Village of Mount Prospect conducted a
public hearing on the request for the relief requested by Petitioner, being the subject of PZ-28-06,
which hearing was held on the 14th day of December, 2006, pursuant to proper legal notice
published in the Mount Prospect Journal & Topics on the 29th day of November 2006; and
WHEREAS, the Planning and Zoning Commission has submitted its findings and a positive
recommendation to the President and Board of Trustees of the Village of Mount Prospect, which
hereby adopt those findings and recommendations; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given
consideration to the request for the Conditional Use Permit, a six (6) months extension of that
Permit, and a Development Code exception for storm water detention, and have determined that
such relief meets the standards of the Village and would be in the best interests of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE MOUNT PROSPECT, ACTING IN THE EXERCISE OF THEIR HOME RULE
POWERS:
SECTION ONE: The recitals set forth hereinabove are incorporated as findings of fact by the
President and Board of Trustees of the Village of Mount Prospect.
E
SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect do
hereby grant a Conditional Use Permit, as provided in Section 14.203.F.7 of the Village Code, to
allow the relocation of an existing building to be operated as a historical museum at 103 South
Maple Street, as shown on the Site Plan, a copy of which is attached hereto and hereby made a
part hereof as Exhibit "A".
SECTION THREE: That prior to the issuance of a building permit relative to the Conditional Use
Permit, the following conditions and/or written documentation shall be fulfilled:
1. The site shall be developed in accordance with the plans prepared by Norm J. Toberman
Associates dated October 19, 2006;
2. The Petitioner shall submit a landscape plan for Staff review prior to applying for a
building permit;
3. The Petitioner shall confer with Staff when determining the travel path for relocating the
schoolhouse and adhere to Staffs requirements for tree protection;
4. The Petitioner shall enter into an off-site parking agreement with the Village of Mount
Prospect to ensure parking spaces are provided as required by the Zoning Ordinance;
and
5. The site and building shall be developed in accordance with all Village Codes, which
include, but are not limited to, the installation for fire sprinklers.
SECTION FOUR: The Conditional Use Permit is hereby granted a six (6) month extension from
the provisions of Chapter 14, Section 14.203.F.11 of the Development Code of the Village Code,
such that it shall become null and void where the construction of this approved Conditional Use is
not substantially underway, or this Use is not established or commenced in the building within
eighteen (18) months from the date of granting the Conditional Use, and completed within two
years.
SECTION FIVE: An exception is hereby granted from Chapter 15, Section 15.402. B of the
Village Code, exempting the Petitioner from providing storm water detention on the Subject
Property during the existence of the Conditional Use Permit.
SECTION SIX: 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 January 2007.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H:\CLKO\files\WIN\ORDINANC\mphistoricalsocietyconditionaI use and Development Code Exceptionjan2007.doc
mla
11/13/06
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
BETWEEN THE VILLAGE OF MOUNT PROSPECT AND
THE MOUNT PROSPECT HISTORICAL SOCIETY,
MOUNT PROSPECT, ILLINOIS
WHEREAS, the Mount Prospect Historical Society has proposed to operate a museum at 103 South
Maple Street in the former Central School as part of its existing operation at 101 South Maple Street;
and
WHEREAS, the Corporate Authorities of the Village of Mount Prospect have determined that it would
be in the best interests of the Village to participate with the Mount Prospect Historical Society to meet
its required parking demand by providing Village-owned off-site parking for the proposed museum; and
WHEREAS, it has been further determined that it would be in the best interest of all concerned to
enter into said Agreement in conjunction with the Central School Relocation Project.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: The Mayor is hereby authorized to sign and the Clerk is authorized to attest her
signature on the Agreement between the Village of Mount Prospect and the Mount Prospect Historical
Society, being the subject of this Resolution, a copy of said Agreement is attached and made a part
hereof as Exhibit "A".
SECTION TWO: This Resolution shall be in full force and effect from and after its passage and
approval in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of January 2007.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H:IGENlfilesIWINIRESlAuth agrmt,VOMP & mphsparkingagreemnnlnov2006
t
INTEROFFICE MEMORANDUM
Village of Mount Prospect
Mount Prospect, Illinois
TO:
MICHAEL E. JANONIS, VILLAGE MANAGER
FROM:
DIRECTOR OF FINANCE
DATE:
JANUARY 11,2007
SUBJECT:
AMENDMENT OF CHAPTER 8 ARTICLE 8 OF THE VILLAGE CODE FOR RE
ESTATE TRANSFER TAX
PURPOSE:
To present for the Board's consideration an ordinance amending the Village Code for handling the
application for rebate for the real estate transfer tax.
BACKGROUND:
Chapter 8, Article 8 of the Village Code imposes a tax on the transfer of certain interests in real estate in
the village. The liability for the payment of the tax rests with the buyer. Village Code currently permits a
rebate of a portion of this tax for persons who sell real estate while purchasing a second or subsequent
property in Mount Prospect.
DISCUSSION:
The current Village Code for this section states only that an owner must have owned and occupied the
property in question to obtain the rebate, but does not specify the time frame for the occupation. The
amendment being proposed specifies that the owner must have owned and occupied the dwelling as his or
her primary residence within two years of the date of sale. The intent of the proposed code change is to
ensure that only dwellings that are owner/occupied properties and not rental properties qualify for the
rebate.
RECOMMENDATION:
It is recommended the Village Board approve the attached ordinance amending Chapter 8 of the Village
Code entitled "Application for Rebate."
~t:L
DAVID O. ERB
DIRECTOR OF FINANCE
DOE!
1:\Real Estate Transfer Tax\Application for Rebate - January 2007.doc
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 8
ENTITLED "VILLAGE GOVERNMENT; MISCELLANEOUS PROVISIONS"
OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE
EXERCISE OF THEIR HOME RULE POWERS:
SECTION 1: Section 8-804 entitled "Application for Rebate" of Chapter 8 entitled
"Village Government; Miscellaneous Provisions" of the Mount Prospect Village Code shall
be amended by deleting subparagraph (A) of Section 8-804 in its entirety and inserting in
lieu thereof a new subparagraph (A) which shall be and read as follows:
A. Residential Property:
1. Within two years of making the application for a rebate, the
applicant shall have:
a. Owned and occupied a single family dwelling unit in the
Village of Mount Prospect as his or her principal
residence and then sold that same dwelling unit; and
b. Paid the transfer tax of $3.00/$1,000.00; and then
2. Within two (2) years of the date of selling the same residence
referred to in (1) above, the applicant shall have:
a. Purchased and be occupying a single-family dwelling
unit within the Village as his or her principal residence;
and
b. Have paid the appropriate tax on that house; or
SECTION 2: That 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.
iManage 186543 1
D
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this
day of
,2007
Irvana K. Wilks, Mayor
ATTEST:
M. Lisa Angell, Village Clerk
H:\CLKO\files\WIN\MP Ord Amd Ch 8 Application for Rebaterealestatejan2007.DOC
iManage 186543 1
LAW OFFICES
KLEIN, THORPE AND JENKINS, LTD.
JOSEPH O. AJIBESIN
RINDA Y. ALLISON
TERRENCE M. BARNICLE
JAMES P. BARTLEY
THOMAS P. BAYER
GERARD E. DEMPSEY
MICHAEL J. DUGGAN
JAMES V. FEROLO
JAMES W. FESSLER
E. KENNETH FRIKER
BRIAN M. FUNK
CYNTHIA S. GRANDFIELD
KATHLEEN T. HENN
EVERETTE M. HILL, JR.
MICHAEL T. JURUSIK
JACOB H. KARACA
TELEPHONE (312) 984-6400
FACSIMILE (312) 984-6444
FACSIMILE (312) 606-7077
PATRICK A. LUCANSKY
LANCE C. MALINA
MICHAEL A. MARRS
THOMAS M. MELODY
JANET N. PETSCHE
DONALD E. RENNER, III
SCOTT F. UHLER
GEORGE A. WAGNER
JOHN ALLEN WALL
DENNIS G. WALSH
JAMES G. WARGO
BRUCE A. ZOLNA
SUITE 1660
20 NORTH WACKER DRIVE
CHICAGO, ILLINOIS 60606-2903
MOUNT PROSPECT OFFICE
15010 S. RA VINlA AVE., SUITE 17
MOUNT PROSPECT, IL 60462-3162
TELEPHONE (708) 349-3888
FACSIMILE (708) 349-1506
OF COUNSEL
JAMES A. RHODES
RICHARD T. WIMMER
Writer's Direct Dial
3 I 2- 984-643 I
Writer's Email
dgwalsh@ktjnet.com
CONFIDENTIAL ATTORNEY CLIENT COMMUNICATION
December 20, 2006
Mr. Michael Janonis
Village Manager
Village of Mount Prospect
50 South Emerson Street
Mount Prospect, IL 60056
Re: Shell Oil's Reauest for Groundwater Ordinance
Dear Mr. Janonis:
As you know, Equilon Enterprises, LLC d/b/a Shell Oil Products US (Shell) has
asked the Village of Mount Prospect to adopt an ordinance that would ban the use of
groundwater wells within a certain limited area around Shell's facility located at 927 S.
Busse so that Shell can obtain a No Further Remediation Letter from the Illinois
Environmental Protection Agency ("I EPA") using the Tiered Approach to Cleanup
Objectives with respect to this contaminated site. I The Village has asked K-Plus
Environmental Engineering Group and the undersigned to provide the Village with our
recommendations regarding Shell's request. In K-Plus Environmental Engineering
Group's opinion, given the information that they have reviewed to date and! contingent
upon some proposed stipulations, the adoption of the groundwater ordinance would not
A draft of the ordinance that Shell seeks the Village to adopt is enclosed
herewith. I am not sure, however, where you would want it to go in the
Village Code so I have left that part of the ordinance blank.
Mr. Michael Janonis
December 20, 2006
Page 2
subject the Village or its residents to an undue health or environmental risk. I will proceed,
then, with a legal analysis of the issues surrounding this request and, in my effort to do so,
I will attempt to be as brief, concise and easily understandable as possible, but little in
environmental law is that.
In 1997, the Illinois Pollution Control Board changed the manner in which Illinois
assesses the cleanup of contaminated soil and groundwater. The Tiered Approach to
Corrective Action Objectives (TACO) regulations establishes a new system for
determining "how clean is clean?" in the cleanup of contaminated sites. The tiered
approach under TACO is risk-based and allows a person remediating a contaminated site
to take into account such factors as property use, site specific soil and groundwater
characteristics, institutional controls (a legal mechanism for imposing a restriction on land
use) and engineered barriers (a man made barrier used to inhibit an air, ingestion or
groundwater migration route(s)) to develop cleanup objectives. Previously, the IEPA's
Bureau of Land used conservative "one-size-fits-all" remediation objectives at nearly every
site. Baseline remediation objectives still exist, but other options also protective of human
health have been added. TACO provides flexibility to site owners in developing site-
specific remediation objectives. By exercising these new choices, site owners may reduce
remediation costs, return more sites to productive use, hasten property redevelopment,
and still fully comply with environmental laws and regulations. The goal of risk
management is to reduce risk to an acceptable level while balancing the benefits of
corrective action with its associated costs. The concept of risk is incorporated into TACO
to provide adequate protection to human health and the environment while incorporating
site-specific information to allow for more cost-effective remediation.
In general, TACO recognizes that contaminated soil or groundwater does not pose
a "risk" unless (1) there is a source of contamination above the levels of concern, (2) there
is a pathway by which individuals are exposed to that contamination, and (3) there is an
exposed population that would be effected by the contamination. The Illinois TACO
system provides several different options for analyzing any given site so property owners
may weigh these options against the various costs and time components. These options
are explored through computer models which predict the "safe" level of contamination at
the site under various scenarios.
Under TACO, the property owner can derive cleanup standards from five potential
sources: a Tier 1 generic set of conservative standards applicable to any site; Tier 2
standards that require more site specific analysis; a Tier 3 standard based on a full-scale
risk assessment; area background for the contaminants of concern; and, for some
contaminants, a state-wide background number.
Two of these methodologies, the Tier 1 generic standards and the state-wide
background level, can be consulted in look-up table form so that comparison to the
iManage:186029_1
Mr. Michael Janonis
December 20,2006
Page 3
standards is immediate. For sites where a more complex analysis is warranted, the TACO
regulations allow for use of a wider range of computer models in Tier 2. Under Tier 2, site
owners can develop remediation objectives by applying site-specific data to the pre-
established modeling equations provided in the regulations. The site owner can also
proceed to a more complete Tier 3 risk analysis. The Tier 3 analysis authorizes a more
complete consideration of the standard exposure factors and the equations to
accommodate actual site usage.
As an alternative to evaluating the site through the tiering process, TACO also
allows the site owner to expand the analysis of the site by excluding pathways of exposure
from consideration. The Illinois regulations focus on exposure through inhalation,
ingestion, and the ingestion of groundwater pathways, including the risk of migration from
soil to groundwater. For a given site, however, there may be a means by which the site
owner can exclude a pathway from consideration. Pathway exclusion allows for the
exclusion of an exposure route based on incompleteness of the route. Incompleteness
means that the pathway is unable to transport contaminants to potential receptors (Le.,
people). When the pathway exclusion requirements are met, the property owner no
longer needs remediation objectives for that particular pathway. To exclude the
groundwater ingestion pathway, a property owner must demonstrate that the groundwater
in the area of the release will not be consumed as drinking water, and that contamination
will not migrate to a location where it could be consumed. This demonstration must show
the following:
· Free product has been removed to the extent practicable.
· The source of the release is not within a setback zone or a regulated recharge
area of a potable water supply well.
· All areas within a certain distance of the source of the release are governed by
an ordinance adopted by a unit of local government that prohibits the use of
groundwater as a potable water supply.
· Using equation R26 in the regulations, all contaminants will meet the Tier 1
objective at the nearest setback zone.
· Using equation R26, any contaminated groundwater discharging to a surface
water body will meet the surface water quality standards under the applicable
regulations.
Thus, local ordinances prohibiting the use of groundwater for potable purposes
and prohibiting the installation and use of new potable water supply wells is one type of
institutional control that can aid a property owner in excluding exposure pathways (such
iManage:186029_1
Mr. Michael Janonis
December 20,2006
Page 4
as groundwater) from cleanup consideration under TACO. Here, Shell is asking the
Village of Mount Prospect to adopt such an ordinance so that it can allow the
contamination to remain in place.
From a legal standpoint, if the Village of Mount Prospect was to adopt an
ordinance that would prohibit the use of groundwater as a potable water supply (within a
distance acceptable to the IEPA of the Shell site) by the installation or drilling of new
wells by ail parties, including the Village itself, the regulations do not call for the Village
to take any further action but, rather, places the burden on Shell for monitoring the
Village's activities with respect to this ordinance. Simply put, from a legal perspective,
the Village would not be required to take any further steps other than to adopt (and
presumably not modify or rescind) the groundwater ordinance. As noted however, no
new weils, including Village wells, could be placed in the affected area.
Protection against future claims and contamination is provided to the Village
through an environmental indemnity agreement? Shell has agreed on behalf of itself,
its successors and assigns, at its sole costs and expense to indemnify, defend and hold
the Village and the Village's former, current and future officials, trustees, officers,
servants, employees, agents, successors and assigns (collectively referred to as Village
Affiliates") both in their capacities as Village representatives and as individuals,
harmless from and against any loss, actions, responsibilities, obligations, liability,
damage, claims, penalties, fines, injunctions, suits, proceedings, disbursements or
expenses arising under or relating to any environmental laws or any other liabilities
which may be incurred by or asserted against any of the Village Affiliates directly or
indirectly, resulting or arising from, alleged to arise from, or caused by, in whole or in
part, trom the presence of hazardous materials on, in or from Shell's property (including
the groundwater thereunder) and/or any condition of any property (including
groundwater) or surface water alleged to have been caused from the presence of those
chemicals or substances which are or were commonly used at Shell's property and
which are defined as hazardous, special or toxic materials, substances or waste under
any environmental law. In addition to this indemnity, if the Village encounters
hazardous materials while working in, on or under the Shell property (including but not
limited to such areas as within municipal easements and/or Right-ot-Ways) or
encounters hazardous materials migrating from Shell's property, the Village has the
right to remove the contaminated soil or groundwater above Tier 1 residential
2
Duplicate originals of the Limited Environmental Indemnity Agreement
which Shell will provide to the Village are also enclosed. If the Village
intends to adopt the ordinance, please have the appropriate person at the
Village sign the Agreement and return one of the originals to me so that I
can pass it along to Shell's attorney.
iManage:186029_1
Mr. Michael Janonis
December 20,2006
Page 5
remediation objectives from the area it is working in and intends to do work and to
dispose of those materials as it deems appropriate not inconsistent with the applicable
environmental laws so as to avoid causing a further release of the hazardous materials
and to protect human health and the environment. Prior to taking any action noted
above, the Village will first give Shell written notice, unless there is an emergency or an
immediate threat to the health or safety to any individual or to the public, that it intends
to perform a site investigation and remove or dispose of contaminated soil or
groundwater to the extent necessary for its work. Failure to give notice, however, is not
a violation of the Indemnity Agreement. In any event, Shell shall reimburse the
reasonable costs incurred by the Village to perform the site investigation and to dispose
of any contaminated soil or groundwater. If asked, Shell will cooperate with the Village
in the removal and disposal of such soil and groundwater and will sign all necessary
documents and manifests for the proper transportation and disposal of the soil and/or
groundwater. Given this indemnification, it appears that the Village is adequately
protected from any claim that may occur as a result of the hazardous condition or the
hazardous materials on the Shell property.
The Village should keep in mind, however, that by adopting the groundwater
ordinance, the Village of Mount Prospect will aid in allowing the contamination to remain
in place not only on the Shell property but also on any private property within the
Groundwater Ordinance area. If the Village were to adopt the ordinance, Shell would
be obligated only to notify the affected property owners of the existence of the
ordinance and the IEPA would not require the approval or involvement of those property
owners.
In summary, although there can never be any guarantees, at this point, it
appears that from a legal standpoint the Village of Mount Prospect will be adequately
protected in the event that it decides to proceed with the adoption of the proposed
groundwater ordinance for the Shell site. Please let me know how the Village would like
to proceed at this point. Of course, if you should have any questions, please do not
hesitate to call me.
Very truly yours,
2t~/~ENKINS' LTD.
Dennis G. Walsh
DGW:cmy
Enclosures
cc: Buzz Hill
iManage:186029_1
LIMITED ENVIRONMENTAL INDEMNITY AGREEMENT
This LIMITED ENVIRONMENTAL INDEMNITY AGREEMENT is entered into as of the
day of , 2006, by Equilon Enterprises LLC d/b/a Shell Oil Products US
("Indemnitor") and the Village of Mount Prospect, Cook County, Illinois (the "Village").
RECIT ALS
A. WHEREAS, Indemnitor is the owner of certain real property located at 927 S. Busse,
Mount Prospect, Illinois ("Indemnitor's Property") and legally described in Exhibit A; and
B. WHEREAS, an underground storage tank system, as defined in 40 CFR Part 280 or
supplanting federal regulations, owned by Indemnitor or its predecessor in interest ("UST System"),
was present on Indemnitor's Property; and
C. WHEREAS, a release to the environment of petroleum hydrocarbons, including gasoline
additives, has occurred in the past at the Indemnitor's Property. Used/waste oil and hydraulic oil
may be present on Indemnitor's Property. (All of the previously mentioned compounds and those
identified in TACO modeling calculations for the groundwater contamination identified at
Indemnitor's Property are hereby collectively referred to as "Compounds of Concern".) As a result
of said release, the groundwater at the Indemnitor's Property contains detectable concentrations of
Compounds of Concern. The groundwater impacted by Compounds of Concern extends beyond the
Indemnitor's Property. The Illinois Emergency Management Agency has assigned incident number
20030426 to the release at the Indemnitor's Property; and
D. WHEREAS, Indemnitor desires to limit any potential threat to human health from
groundwater impacted with the Compounds of Concern and has requested that the Village enact a
groundwater ordinance ("Groundwater Ordinance") that prohibits the installation of new
groundwater wells for potable water supply in an area adjacent to and including the Indemnitor's
Property. The proposed Groundwater Ordinance is attached hereto as Exhibit B. The area subject
to this Agreement, shall be the area in, under and adjacent to Indemnitor's Property which is
described within the Groundwater Ordinance ("Groundwater Ordinance Area").
NOW, THEREFORE, in consideration of the terms and covenants contained herein, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. This Limited Environmental Indemnity Agreement ("Agreement") is not binding upon
the Village until it is executed by the undersigned representative of the Village of Mount Prospect
and, prior to execution, this Agreement constitutes an offer by Indemnitor. The duly authorized
representative of Indemnitor has signed this Agreement, and this Agreement is binding upon
Indemnitor, its successors and assigns.
2. The Village agrees that it will adopt the Groundwater Ordinance provided, however, that
if the Village does not adopt the Groundwater Ordinance or rescinds the Groundwater Ordinance,
1
this Agreement shall be deemed null and void, and Indemnitor shall have no other remedy against
the Village. No breach by the Village, its agents, trustees, employees and its successors in interest
of a provision of this Agreement is actionable in law or equity by Indemnitor against the Village,
and Indemnitor hereby releases the Village and Village Affiliates (as defined below) from any cause
of action it may have against them arising under this Agreement or Environmental Laws (as defined
below), regulations or common law.
Specifically, Indemnitor knowingly waives and releases the Village and/or Village Affiliates
from any and all claims, debts, dues and obligations of every kind and nature under the Illinois and
United States Constitutions as well as under any federal or state statutes or laws, including but not
limited to environmental laws related to the subject matter of this Agreement. Indemnitor further
waives all remedies (including those which may be available under the Civil Rights Act) which are
available to it for the violations of any of the terms of this Agreement, including but not limited to
the equitable remedy of specific performance, and agrees not to seek injunctive relief of any sort.
Indemnitor covenants not to sue the Village and/or Village Affiliates for a violation of any
provision or terms of this Agreement.
3. Indemnitor on behalf of itself, its successors and assigns does hereby covenant and agree,
at its sole cost and expense, to indemnify, defend and hold the Village and the Village's former,
current and future officials, trustees, officers, servants, employees, agents, successors and assigns
(collectively "Village Affiliates"), both in their capacities as Village representatives and as
individuals, harmless from and against any loss, actions, responsibilities, obligations, liability,
damage (whether direct or consequential), expenses, claims (whether asserted or unasserted, direct
or indirect, existing or inchoate, known or unknown, having arisen or to arise in the future),
penalties, fines, injunctions, suits (including but not limited to suits alleging or related to personal
injury and/or death), proceedings, disbursements or expenses (including, without limitation,
attorneys' and experts' fees and disbursements and court costs) (collectively, the "Liabilities"),
arising under or relating to any Environmental Laws (as defined below), or any other Liabilities
which may be incurred by or asserted against any of the Village Affiliates resulting or arising from,
alleged to arise from, or caused by, in whole or in part, from the presence of Hazardous Material (as
defined below) on, in or from the Indemnitor's Property (including the groundwater thereunder)
and/or any condition of any property (including groundwater) or surface water alleged to have been
caused by the migration, transportation, release or threatened release of Hazardous Materials on or
from the Indemnitor's Property.
Indemnitor shall assume the expense of defending all suits, administrative proceedings and
disputes of any description with all persons, entities, political subdivisions or government agencies
arising out of the matters to be indemnified under this Agreement. In the event that the Village or
any of the Village Affiliates is/are named as a defendant(s) in any lawsuit arising out of the matters
to be indemnified under this Agreement, the Village and/or any of the Village Affiliates shall have
the right to choose the attorney(s) who represent(s) them in said lawsuit, and the reasonable costs,
expenses and fees associated with said attorney(s) in relation to said -lawsuit shall be paid by
Indemnitor pursuant to the indemnification provisions herein. Indemnitor shall pay, promptly upon
entry, any nonappealable order, judgment or other final resolution of any claim or dispute arising
out of the matters to be indemnified under this Agreement and shall pay promptly when due any
2
fines, penalties or agreed settlements ansmg out of the matters to be indemnified under this
Agreement. In the event that such payment is not made, the Village or any Village Affiliate, at their
sole discretion, may proceed to file suit against the Indemnitor to compel such payment. Indemnitor
also agrees that it will not settle or compromise any action, suit or proceeding with the Village's
prior written consent, which consent shall not be unreasonably withheld.
For purposes of this Agreement, "Hazardous Materials" means and includes Compounds of
Concern or those chemicals or substances which are or were commonly used at Indemnitor's
Property which are defined as hazardous, special or toxic materials, substances or waste under any
Environmental Law. "Environmental Laws" collectively means and includes any present and future
local, state, federal or international law, statute, ordinance, order, decree, rule, regulation or treaty
relating to public health, safety or the environment (including those laws relating to releases,
discharges, emissions or disposals to air, water, land or groundwater, to the withdrawal or use of
groundwater, to the use, handling, storage, disposal, treatment, transportation or management of
Hazardous Materials) including, without limitation, the Resource Conservation and Recovery Act,
as amended ("RCRA"), 42 D.S.C. S6901, et seq., the Comprehensive Environmental Response,
Compensation and Liability Act ("CERCLA"), 42 D.S.C. S9601, et seq., as amended by the
Superfund Amendments and Reauthorization Act of 1986 ("SARA"), the Hazardous Materials
Transportation Act, 49 D.S.C. S1801, et seq., the Clean Water Act, 33 D.S.C. S1251, et seq., the
Clean Air Act, as amended, 42 D.S.C. S7401, et seq., the Toxic Substances Control Act, 15 D.S.C.
S2601, et seq., the Safe Drinking Water Act, 42 D.S.C. S300f, et seq., the Occupational Safety and
Health Act, 29 D.S.C. S655, et seq., the Federal Insecticide, Fungicide and Rodenticide Act, 7
D.S.C. S136, et seq., the National Environmental Policy Act, 42 D.S.C. S4321, et seq., the
Emergency Planning and Community Right-to-Know Act, 42 D.S.C. S11001, et seq., and the
Illinois Environmental Protection Act, and the amendments, regulations, orders, decrees, permits,
licenses or deed restrictions now or hereafter promulgated thereunder.
In addition to the indemnity provided above, if the Village or Village Affiliates encounter
Hazardous Materials while working in, on or under or near the Indemnitor's Property (including but
not limited to such areas as within municipal easements and/or Right-of-Ways) or encounter
Hazardous Materials migrating from Indemnitor's Property, the Village has the right to remove
contaminated soil or groundwater above Tier 1 residential remediation objectives (as set forth in the
Tiered Approach to Cleanup Objectives, Title 35, Part 742) from the area it is working and intends
to do work and to dispose of them as it deems appropriate not inconsistent with applicable
Environmental Laws so as to avoid causing a further release of the Hazardous Materials and to
protect human health and the environment. If Hazardous Materials are found anywhere within the
boundaries of the proposed Groundwater Ordinance, there is a presumption that the Hazardous
Materials migrated from and are attributable to the Indemnitor's Property.
Prior to taking any action noted above, the Village will first give Indemnitor written notice,
unless there is an emergency or an immediate threat to the health or safety to any individual or to
the public, that it intends to perform a site investigation and remove or dispose of contaminated soil
or groundwater to the extent necessary for its work. Failure to give notice is not a violation of this
Agreement. The removal or disposal shall be based upon the site investigation (which may be
modified by field conditions during excavation), which Indemnitor may review or may perform, if
3
requested to do so by the Village. If practicable, as determined by the Village, the Village may
request Indemnitor to remove and dispose of the contaminated soil and/or groundwater necessary
for the Village's work in advance of that work. In any event, Indemnitor shall reimburse the
reasonable costs incurred by the Village to perform the site investigation and to dispose of any
contaminated soil or groundwater. The parties understand and agree that the Village's soil and
groundwater removal will be in conjunction and/or associated with other work being done by the
Village in, on, under or near the Indemnitor's Property, and part of the purpose of this paragraph is
that if the Village encounters contaminated soil and/or groundwater while working on its utilities, or
on a municipal project or otherwise, it will not be responsible in any way for the cost associated
with encountering, removing and/or disposing of the contaminated soil and/or groundwater. In
addition, it is specifically understood and agreed between the parties that the Village will not be
identified at any time, in any place, document or manifest as the owner, generator or transporter of
contaminated soil or groundwater taken from Indemnitor's Property. If asked, Indemnitor will
cooperate with the Village in the removal and disposal of such soil and groundwater and will sign
all necessary documents and manifests for the proper transportation and disposal of the soil and/or
groundwater.
4. This Agreement is intended by the parties hereto to be limited to claims, costs, expenses,
causes of action, penalties, Liabilities, losses and damages actually sustained and incurred by the
Village Affiliates or for which the Village Affiliates are found to be legally liable that arise as a
consequence of Hazardous Materials that were released or alleged to be released into the
environment from the Indemnitor's Property within the Groundwater Ordinance Area.
5. If requested by the Village, Indemnitor shall immediately deliver to the Village any and
all records, documents (including writings, drawings, graphs, charts, photographs, phono records,
and other data compilations from which information can be obtained, translated, if necessary,
through detection devices into reasonably usable form), or reports of any kind (including all written,
printed, recorded or graphic matter however produced or reproduced and all copies, drafts and
versions thereof not identical in each respect to the original) which relate or refer (which means, in
addition to their customary and usual meaning, assess or assessing, concern or concerning,
constitute or constituting, describe or describing, discuss or discussing, embody or embodying,
evidence or evidencing, mention or mentioning and reflect or reflecting) environmental matters
and/or conditions associated directly or indirectly with the Indemnitor's Property (including the
groundwater thereunder), including but not limited to written reports or a site assessment,
environmental audits, soil test reports, water test reports, laboratory analysis and documents, reports
or writings relating or referring to the Indemnitor's Property provided, however, that nothing in this
paragraph shall require the Indemnitor to deliver to the Village those communications and
documents that are encompassed by the attorney-client privilege and/or the attorney work product
doctrine.
6. Any notice required or permitted to be given to either party shall be deemed to be
received by such party (i) three (3) days after deposit iOn the United States Registered or Certified
Mail, Return Receipt Requested, or (ii) one (1) business day after deposit with a nationally
recognized overnight delivery service guaranteeing next business day delivery, or (iii) upon personal delivery to the party to whom addressed provided that a receipt of such delivery is
4
obtained, or (iv) on the same business day as transmitted and confirmed by telecopy provided that a
confirmation copy is concurrently deposited in United States Certified or Registered Mail, Return
Receipt Requested. Such notices shall be addressed to the parties at the following addresses:
If to Indemnitor:
John Robbins
Shell Oil Products US
603 E. Diehl Road - Suite 103
Naperville, Illinois 60563
Facsimile No.: (281) 212-3256
If to the Village:
Village of Mount Prospect
50 S. Emerson Street
Mount Prospect, IL 60056
Attn: Michael J anonis, Village Manager
Facsimile No.: (847) 392-6022
and with a copy to:
Klein, Thorpe and Jenkins, Ltd.
20 North Wacker Drive - Suite 1660
Chicago, Illinois 60606-2903
Attn: Dennis G. Walsh
Facsimile No.: (312) 984-6444
or to the parties at such other addresses or telecopy numbers as they may designate by notice to the
other party as herein provided.
7. This Agreementhas been made and delivered in Illinois and shall be construed according
to and governed by the internal laws of the State of Illinois without regard to its conflict of law
rules. If any provision hereof shall be held invalid, prohibited or unenforceable under any
applicable laws of any applicable jurisdiction, such invalidity, prohibition or unenforceability shall
be limited to such provision and shall not affect or invalidate the other provisions hereof or affect
the validity or enforceability of such provision in any other jurisdiction, and to that extent, the
provisions hereof are severable. Whenever poss!ble, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law.
8. Failure of the Village to require performance of any provision of this Agreement shall not
affect the Village's right to require full performance thereof at any time thereafter, and the waiver by
the Village of a breach of any provision of this Agreement shall not constitute or be deemed a
waiver of a similar breach in the future, or any other breach, or nullify the effectiveness of such
provisions of this Agreement. The rights and remedies of the Village of this Agreement are
cumulative. The exercise or use of anyone or more thereof shall not bar the Village from exercise
or use of any other right or remedy provided herein or otherwise provided by law, nor shall exercise
or use of any right or remedy by the Village waive any other right or remedy. The parties are aware
of 42 U.S.C. s9607(e), and waive any rights they may otherwise have to assert that such statute
does not permit, or renders invalid, the waivers or indemnity provisions contained in this
Agreement.
5
9. This Agreement shall be binding upon the Indemnitor and the successors and assigns for
so long as the Groundwater Ordinance is required by Indemnitor as an Institutional Control as
defined by the Environmental Laws. Provided, however, Indemnitor's duty to indemnify Village
shall survive if the Liabilities are incurred during the effective period of the Groundwater
Ordinance. No transfer of Indemnitor's rights or obligations hereunder shall be made without the
prior written approval of the Village's Board of Trustees, which approval shall be with their
reasonable discretion.
10. This Agreement constitutes the entire agreement of the parties hereto with respect to the
subject matter hereof. This Agreement may not be amended, modified, revised, supplemented or
restated except by a writing signed by each of the parties hereto. In construing this Agreement or
determining the rights of the parties hereunder, no party shall be deemed to have drafted or created
this Agreement or any portion thereof.
11. Indemnitor will pay and discharge all reasonable costs, attorney's fees and expenses that
shall be made and incurred by the Village in enforcing the covenants and agreements of this
Agreement.
12. The executing representatives of the parties to this Agreement represent and certify that
they are fully authorized to enter into the terms and conditions of this Agreement and to execute and
legally bind that party to it.
IN WITNESS WHEREOF, the parties have executed this Limited Environmental Indemnity
Agreement as ofthe day, month and year first above written.
VILLAGE OF MOUNT PROSPECT
EQUILON ENTERPRISES LLC d/b/a
SHELL OIL PRODUCTS US
By: CJ4--v
Name: Jo n Robbins
By:
Name:
Title:
Title: Project Manager
iManage ] 83575
6
ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 9 (pUBLIC UTILITIES,
PAVEMENT & TREE REGULATIONS) OF mE VILLAGE CODE OF
MOUNT PROSPECT TOPROHffiIT THE USE OF GROUNDWATER AS
A POTABLE WATER SUPPLY BY THE INSTALLATION OR USE OF
OF POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD
WHEREAS, the Village of Mount Prospect is a home rule unit pursuant to the provisions of
Article VII, Section 6 of the Constitution of the State of Illinois; and
WHEREAS, the Village has authority and power to regulate for the protection of the public
health and welfare; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have found
that the property legally described below is located in the Village of Mount Prospect and has been used
over a period of time for commercial/industrial purposes; and
WHEREAS, because of said use, concentrations of certain chemical constituents in the
groundwater in the vicinity of the said property may exceed Class I groundwater quality standards for
potable resource groundwater as set forth in 35 Illinois Administrative Code 620 or Tier 1 residential
remediation objectives as set forth in 35 Illinois Administrative Code 742; and
WHEREAS, the Village of Mount Prospect desires to limit potential threats to human health
from groundwater contamination while facilitating the redevelopment and productive use of the properties
that are or may be impacted with the said chemical constituents;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, IN THE
EXERCISE OF THEIR HOME RULE POWERS:
SECTION 1: That Section 9.413 entitled Use of Ground Water as a Potable Water
Supply Prohibited of Chapter 9 of the Village Code is deleted in its entirety and a new
Section 9.413 shall be inserted in its place which shall be and read as follows:
"Section 9.413 USE OF GROUND WATER AS A POTABLE WATER SUPPLY
PROHIBITED:
A. Definitions:
PERSON: Any individual, partnership, copartnership, firm, company,
limited liability company, corporation, association, joint stock company,
trust, political subdivision or any other legal entity, or their legal
representatives, agents or assigns.
POTABLE WATER: Any water used for human or domestic
consumption, including, but not limited to, water used for drinking,
bathing, swimming, washing dishes, or preparing foods.
E
B. New Wells Prohibited:
1. Parties other than the Village of Mount Prospect: The use or attempted use of ground
water as a potable water supply by the installation of drilling of wells or by any other
method is prohibited. The foregoing shall not apply to uses or methods in existence
before May 21, 1985, or to any use of wells by the Village of Mount Prospect. If an
existing private well becomes unusable or inoperable for any reason, the users of that
well shall immediately be required to connect to the Village water main.
2. Village of Mount Prospect: Memorandum of Understanding. Prior to the installation
of a new public potable water supply the Village, the Village President shall enter into a
memorandum of understanding with the Illinois Environmental Protection Agency
("IEPA") as required under Illinois Administrative Code Title 35, Section 742.1015.
Pursuant to such memorandum of understanding, the Village will assume responsibility
for tracking remediated sites, notifYing the Illinois EP A of changes to this section, and
taking certain precautions when selecting a location for a public potable water supply
well.
3. Specific Site: "Except for uses or methods in existence before the effective date of the
Ordinance prohibiting such use, the use or attempt to use as a potable water supply
groundwater from within a 500 foot radius of the boundaries of the property legally
described below by the installation or drilling of wells or by any other method is hereby
prohibited, including points of withdrawal by the Village of Mount Prospect:
THE WEST 150 FEET, AS MEASURED ALONG THE NORTH AND SOUTH LINES,
OF LOT 9 IN BUSSE COUNTRY ESTATES BEING A SUBDIVISION OF THE
WEST 25 ACRES OF THAT PART OF THE WEST HALF OF THE NORTH WEST
QUARTER OF SECTION 14 TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE
THIRD PRINCIPAL MERIDIAN, LYING NORTH OF SEEGERS ROAD, IN COOK
COUNTY, ILLINOIS, EXCEPTING THEREFROM THAT PART TAKEN BY THE
STATE OF ILLINOIS FOR THE USE OF THE DEPARTMENT OF PUBLIC WORKS
AND BUILDINGS IN A DEED DATED JULY 31, 1969 AND REGISTERED
AUGUST 20, 1969 AS DOCUMENT LR 2467767 CONVEYING THAT PART
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE NORTH
ALONG THE WEST LINE OF SAID LOT 9 A DISTANCE OF 25 FEET TO A
POINT; THENCE SOUTHEASTERLY ALONG A STRAIGHT LINE A DISTANCE
OF 38.59 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 9,
DISTANT 25 FEET SOUTHEAST OF THE SOUTHWEST CORNER THEREOF,
THENCE NORTHWESTERLY ALONG SAID SOUTHERLY LINE OF LOT 9 A
DISTANCE OF 25 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY,
ILLINOIS
PIN: 08-14-106-014
Commonly Known as: 927 S. Busse Hwy., Mount Prospect, IL"
C. Unimproved Property: Any unimproved property within the Village shall, at the time it
is improved, be connected to a Village water main in accordance with Subsection
15.502D of this code.
iManage:186051_1 2
D. Annexation Required: Any parcel and/or building located outside the Village shall
be required to annex to the Village prior to connection onto the Village water
supply in accordance with subsection 15.308C of this code.
E. Penalties: Any person found in violation of this section shall be subject to a fine
as set forth in section 9.103 of this Chapter.
SECTION 5: Repealer.
All ordinances or parts of ordinances in conflict with this Ordinance are herein repealedl
insofar as they are in conflict with this Ordinance.
SECTION 6: Severability.
If any provision of this Ordinance or its application to any person or under any circumstances is
adjudged invalid, such adjudication shall not affect the validity of the Ordinance as a whole or of any
portion not adjudged invalid.
SECTION 7: Effective Date.
This Ordinance shall be in full force and effect from and after its passage, approval and
publication in pamphlet form in the newspaper as required by law.
Ayes:
Nays:
Absent:
Passed and Approved this _ day of
,2007.
Irvana K. Wilks, Mayor
Attest:
M. Lisa Angell, Village Clerk
H\CLKO\fiIes\ WIN\oRDINANc\Mount Prospect Ordinancepotablewaterj an2007 .DOC
iManage: 186051_1
3
MEMORANDUM
DATE: January 5, 2007
TO: NWCDS Board of Directors
NWCDS Executive Committee
FROM: Cindy Barbera-Brelle, Executive Director
SUBJECT: IMF Grant
The antiquated mobile data software that the Police and Fire Departments are
using is no longer providing the level of service required to meet the growing
activity and technological demands made by our police and fire departments,
which includes interoperable mobile communications, real-time information
sharing, the ability to create and file reports from the field, issue and submit
electronic citations and access various state and local information databases that
also include mug shots.
The grant funding will be used to replace existing outdated mobile data software
with state of the art mobile data client software. The project will also include an
in-car mapping component that will provide geographic information to responding
units. The new software provides more tools to the police officer giving them the
ability to be focused on active patrol and crime prevention activities instead of
being off the street attending to paper reporting activities and to the fire fighters
by providing building pre-plans, site photos and hazard information.
The last piece of the project will be the implementation of a mobile wireless
broadband network which serves the growing needs and requirements of our
public safety agencies for coverage, speed of mobility and the real-time
response for support of mission critical communications. The broadband network
will support video and location tracking as well as providing the ability to reduce
the total amount of voice traffic, thereby reducing the demand and stress placed
on our voice systems during times of emergency. The objective will be for first
responders to quickly, securely and seamlessly communicate at an incident of
any scope or scale.
The project costs are as follows:
Mobile Client Software
383,362
483,599
605.195
1,472,156
Mobile Mapping
Mobile Broadband Wireless Network
f
A RESOLUTION AUTHORIZING NORTHWEST CENTRAL 9-1-1 SYSTEM
TO APPLY FOR A GRANT UNDER THE INFRASTRUCTURE MAINTENANCE
FEE LITIGATION CY PRES COMMITTEE'S GENERAL AUTHORITY
TO MAKE SUCH GRANTS
WHEREAS, in 1997, the State of Illinois enacted the Telecommunications Infrastructure
Maintenance Fee (IMF) Act, which authorized the imposition of a fee of 1% of the gross charges
on wireless retailers and, therefore, municipalities throughout the state, including the Village of
Mount Prospect, imposed the IMF on telecommunications bills from January 1, 1998 through
February 7, 2002; and
WHEREAS, in 1998, a lawsuit was filed challenging the fee, which the Court ruled
unconstitutional and, upon appeal, the Illinois Supreme Court affirmed the unconstitutionality of
the MunicipallMF only as it applied to wireless retailers; and
WHEREAS, in 2000, municipalities that imposed the IMF were joined as defendants in a class
action lawsuit that asserted the unconstitutionality of the Infrastructure Maintenance Fee and
sought refunds of the IMF; and
WHEREAS, as of October 18, 2005, a settlement was approved that required defendant class
members to pay into the settlement fund 70% of the amounts collected through the Municipal
IMF for wireless telecommunications services; and
WHEREAS, the Court will distribute the settlement fund in accordance with cy pres principles, or
for its "next best" use. The settlement fund will be distributed as follows:
.. 60% for municipal emergency 9-1-1 telecommunications programs located anywhere
within the State of Illinois; and
.. 40% for medical facilities providing emergency care to indigent patients located in
areas outside the six-county northeastern Illinois region; and
WHEREAS, the Court has established a three person committee (Cy Pres Committee) to make
recommendations as to how the cy pres grants will be distributed; and
WHEREAS, Mount Prospect is one of eight municipal members of the Northwest Central 9-1-1
System ("NWC911"), which is a cooperative venture as defined by the Intergovernmental
Cooperation Act, 5 ILCS 220 and the Emergency Telephone System Act, 50 ILCS 750.
WHEREAS, NWC911 is planning to apply for a grant to the Cy Pres Committee on behalf of its
member municipalities,
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT:
SECTION ONE: That the Village of Mount Prospect hereby requests use of the
telecommunications infrastructure maintenance fee cy pres funds for the purposes described in
the application.
SECTION TWO: That the Executive Director of NWC911 is authorized to file an application on
behalf of Village of Mount Prospect with the Cy Pres Committee for a grant for the Northwest
Central 9-1-1 System Mobile Communication System Project.
SECTION THREE: That the funds applied for will be expended consistent with the recitals in
the application.
SECTION FOUR: That the Executive Director of NWC911 authorized to furnish such additional
information, assurances, certifications and amendments as the Cy Pres Committee may require
in connection with this grant application.
SECTION FIVE: That the Executive Director of NWC911 is authorized and directed on behalf of
the Village of Mount Prospect to execute and deliver a grant application and all subsequent
amendments thereto between the Village of Mount Prospect and the Cy Pres Committee and
the Secretary/Clerk of the Village of Mount Prospect is authorized and directed on behalf of the
Village of Mount Prospect to attest said applications and all subsequent amendments thereto.
SECTION SIX: That the Executive Director of NWC911 is authorized and directed to take such
action as is necessary or appropriate to implement, administer and enforce said applications
and all subsequent amendments thereto on behalf of the Village of Mount Prospect.
SECTION SEVEN: That the Village of Mount Prospect and/or the Northwest Central Dispatch
System 9-1-1 will provide the Cy Pres Committee with a certification of a certified public
accountant certifying that the grant funds were expended in conformity with the formal
application of the use of the funds to ensure compliance with the grant program. Certification
will be provided within 90 days of a request by the Cy Pres Committee.
SECTION EIGHT: That this Resolution shall be in full force and effect from and after its
passage and approval in the manner provided by law.
AYES:
NAYS:
PASSED AND APPROVED this
day of January 2007.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk