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HomeMy WebLinkAbout5. OLD BUSINESS 02/06/2007 MEMORANDUM Village of Mount Prospect Community Development Department DATE: JANUARY 12,2007 TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT 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. William J. Iii H:\PLAN\Planning & Zoning COMM\P&z 2006\i\1EJ Memos\PZ.28-06 MEJ II (103 S Maplc).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 J uracek Joseph Donnelly Leo Floros Marlys Haaland Ronald Roberts Richard Rogers, Acting Chairperson Keith Youngquist Mary Johnson, Alternate STAFF 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 ofthe 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 storm water 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 storm water 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: AYES: Donnelly, Floros, Haaland, Roberts, Rogers, Youngquist, Johnson NA YS: 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\Minutes\PZ-28-06 103 $. Maple MPHS.doc 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 V illage 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) Approval of Conditional Use Permit, reaffirming Ord. 5404 with modifications. and 4) Extension of Conditional Use LOCATION MAP !u ,(/I m il: m ,;;Q (/I 0 ;l' 50 >~ su ~'C :i-fj s u e 11) -u 0 11\ 1& 1:9- 20 21 2:2 E!)LJ$$EAV '00& 11' 1-11 11' 111 111 I'll 1't'1 J-" -'1'" 111 111 , 11.3 '1:~ 117 111 ,11-' 121 1-001; -:211lJn fM!' Pt.:f;.';,1:tect.Il 'Ou 100 iu .,tJ ~D .;.:! .0 ';C! .sQitO.t~' ~O ~Q ,.;.r o .0 )pyriQhtf<:)VilIaJEI CI . 5 6 r 8 9 10 " " 1-l 'S 10 ;7 18 10 \ 2Q ~1 2:1 I \ (I> il: )> '''' J; i 100 100 102 104 10.. l'DS 107 100 109 10':: 1'11 1'<) 113 11'2 115 11.i' 7flO 22' ,.,4 '1^..2'1i~',,,,,,,, 111 lI> m ~ (/I ... MEMORANDUM Village of Mount Prospect Community Development Department TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION ARLENE JURACEK, 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 bv 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.1l(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: III 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: ~l: . \ William J. Cooney, AI , Director of Community Development Ijme H:\PLAl\1\Plarmlng & Zoning COMM\P&Z 2006\SlaffMcmo\PZ-28-06 MEMO II GW (103 S Maple ~ Dcv Code Exception. Historical Society) (2).doc Mount Prospect Mount Prospect Public Works Department INTEROFFICE MEMORANDUM TO: SENIOR PLANNER JUDY CONNOllY FROM: PROJECT ENGINEER CHUCK LrNDElOF 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. /' dlV~ ~~k Lindelof H:\Engineering\Development\Reviews\CentraISchooI\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 ... ~ ~:B Subdivision Name/ Addres ~ == oC: Date of Submission r..~ Z..... "'0 ><- ~ Hearing Date ~ Z ... Petitioner Telephone (day) Gavin Kleespies 847.392.9006 Corporation Telephone (evening) The Mount Prospect Historical Society Z 0 Street Address Fax ... ~S. Maple Street ~ -< ~ City State Zip Code Email ~ Mount Prospect IL 60056 kleespiesmphist@wowway.com 0 r.. I~ Z -.:..: OJ" ... , Inon ~ Z ;;J Property Owner Telephone (day) 0 ~ 847.392.6000 ~ Corporation Telephone (evening) ~ 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 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 I 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 existinf! Central School buildinf!. ZONING: EXISTING RA Sinf!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 20 I 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 oflosing 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 frrst home of School District 57, the public library, the volunteer fire department, the Woman's Club, the campfrre 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 ou for our 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 affrrm that all information provided herein and in all materials submitted in association with this application are true and accur~te to the bes~~ .knm~:::.~e. Applicant ~ ~ Date ~ /1 5/C6 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 '''?-<l.<\''''6 ~ .'''~'N<)S-j__ /~-lr V(0~ l ~ \ /> /',) ~::.. I:" r rI-, " r,/' \ r\ 1 L ,r---"1 ~~I \,..:J,,-,j" '.....,J \ , ~1 "~' ) --..-r- (_.~\ ' ::--I (" \) , '\. n . ~", . J'~ 'V( C--?["\ )' ~ ~ "',J) t. ) 'r-../<"/ ~ 3 c_.,.~,"-'~ A 0 ---... .} l~ d) .;, ,) \~ ~ -~:: J 0 ,f \, 6 ~. 'r--r--'- \0 ''''-' 2f \S <:l: " \.I' Vl <t ~ \~; '::> ~ ~ > ! \.i l~ \- ,$ \~ =' :5 ..; ~ ,--, }. cu ..\., ~- 5 ~ '14 \' .- ~ ~ ~ :-s ~ .......- ~ ':J Clo. 1- F"l j '.....J ;,) i~ U G: /C' .J. V r-- .. ~ c. " ) I_r~ <.r'"'~ -...... " l~r ,;:; -v" ' /\ L 'I- /::. ? ,}.;.. '-"1 ' /i \~? C>06; ~:1 '-~Z_ t:c/ '-J ;.,t ~\ ~ 1'(", :...J .... (:; J ~.. j " (f v :J ol \, '~> "1;' ~ ..) -J. t~ .1 ~ ()J t... t 3 .,,1 <". ~ ,~!j ') 'i j " ~ CD ~ ~ (> l',j r II .../'1 VI If 2d. ~\!J ..J ?- '! '-.:>(~ -/let 'j 4' -~ u -> :) ~ '0> ~ ~ ~ VI vi ~ .J ~~ ~ . J- N -' '<1- ;? ~~ 1.-' ,_.....~"'\ I , \.-.) ~./ '2 f'J, \~ :r !l \; .\(, (,,) ""'-~ /--.-'\ ~'---)' r~ ~ \ / ~ --/ ... ~.... !~.\ c. \ ) ...... .{. ___.,. .,f f.j/~ --,/ () '\ V '\ r' ...._"'-....~ -. , (() J J r-, I " ( I ... ", '''''''''_0' ,......---- I '> / I ., '.....~" .~ \- -1. r~~\ '.) . ~ :?\'""'--_/.~ , '-" J./ ,} .-....;if -(~-\ \. ) '--..... F)l ~.-, .........., ;, \') , " :.......,-_../ ,..--." (..j Y-', ) ) \......,/ r''''') \_j 1'--"" ( ) \ :' ~.-/ 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 182921 1 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 ih day of January, 2004 vwl 12/30/03 ORDINANCE NO. 5404 AN ORDINANCE GRANTING ACONDlTIQNAL V~E.....~J:~M..._JI -" '''.- ", '.". ,-, ..'...... 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 Prospect Journal & Topics on the 26th day of November, 2003; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the Presidentand Boarq of Trustees in support of the request be!ng the subject of PZ-48-03; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the same meets the standards of the Village and that the granting of the proposed Conditional Use permit would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT A.No. ~QAR[) pF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILUNOIS: SECTION ONE: The recitals setforthhereinabove are incorporated as findings offact 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 Bo-ard .of Trustees of the Village of Mount Prospect do hereby grant a Conditional Use permit, as provided in Section 14.203.F.7 ofthe 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 a landscape plan for Staff review prior to applying for a building permit; 3. The Petitioner shall confer with staffwhencjetermining 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. S.ECTION 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. ~" I r~~---------------'-------------------I I 101.36' " I '.. I , , I I , I i ASPBIlT, ~I I ~I I '-1 I I I I I I I I t ! i I ~ i I 1= : I Ii I I~ I cb , , I , , ... :::::t :Ill ! ... M r& III I. IN ..- I lei ,- I I I I I i I I lI'''9l' . , LOI101 I L_____ MAPlE STREET Mt Prospect Historical Sociell School.. Relocation Studv "J I I I I I I I L0l103 I , _____-1 Square Footage Estimate 2.5 StD/}' Residence 1,418 sf School 1,11651 Garage 424 sf 1 StD/}' Building 720 sf T olal Lot Area 16,123 sf Percent Coverage 22.8 % ~~ ExiSling Buildings I I Proposed Location 01 School Site Plan L:D SP 1.01 \D NOVEMBER 10. 2003 SCALE: NTS <:?j~s~" .. /S.!t?4 ~".. ~ ~ C>o,vr. 4NAf~k 8~ ~~ ~ ~ ~ ~ 0">1 ~ ~ " ~ "J ~~ \j ~ ~ " I ~~ ~' " ~ l " ~ ~ ~ ~ , ~ .......... ~ 1:: ~ ~ ~ ~ ~ 1::1 ~ bl ~ ~ ~ ~ .\ ~ ~ "\ I ~ ~ ~ /??' 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') ~ ~ ~ ~! 2'-"/'" ~ ~ ../s..:ek"".. tl:l \ ~ ~ ~ ~ >t ~ 1\ '\ , t:. cl ~ ~ ~ '\ 11\ ~ ~ i1l "I, r: 6'.c A'C'o<:" .n:>.-D ,&:J.R,.y~w#Y '?Q~$:1$ .. . /'1'~"~:' /"..e.-9'~~ ~ .., "5~':'.f{" .' ~ ~ .?6'~<:;" :/..7=:1%"- c;:.(!;..o..-_.J .'.s.!/Q~" "/.!?!{.iJ/'!4:;;~'" . c:;-.....~A' cr..- " O' ~ ~ ....-=-'"7V~r d :J~~~Jr ~ "'" c,,..<!" .....-~......c""" c.{/..q,;<!'#~r ~~"'r ).~ e,1~<t?';~"'ntf.rr 1.:!j , ,,"' ,\~,,/,'/-4~ ..' ,.,...~~~ at!o?"~fr 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 83; architectural plans; engineering work; permits from the state, IDOT and other non-Village entities; 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 $50,000 to finish it and we expect many of those services will be donated." "We are determined to make this work," in which our Village was incorporated! wrecking ball." he concludes. "This is the building We cannot let it fall to the For more information about the schoolhouse project, phone Gavin Kleespies, Executive Director of the Mount Prospect Historical Society, at 847-392-9006 or visit www.yourcentralschool.org Gavin W. Kleespies Executive Director, MPHS (847)392-9006 www.mphist.org www.mtphistory.org ~" !f~..... "~>..,..,, " ," ....... 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Village of Mount Prospect Community Development Department CASE SUMMARY - PZ-28-06 LOCATION: PETITIONER: OWNER: PARCEL #: LOT SIZE: ZONING: LAND USE: REQUEST: 103 S. Maple Street Mount Prospect Historical Society Village of Mount Prospect 08-12-110-002-0000 0.18 acres (7,855 sq. ft.) RA Single Family Residence Vacant Lot 1) Off-site parking agreement, 2) Development Code Exception (storm water detention), 3) Extension of Conditional Use Permit (Ord. 5404), and 4) Extension of Development Code Exception I i:j I l/l rn 3: !!J en 0 ;z so tJ> ... ~o so tW Em an 'OD '12 ""I) ,'0 .;0 Ml ~D ~lJlt'Q40 ~Q ~D LOCATION MAP t: ~ S '1tl 12 e, VI 10 19 2-Q 21 :22 . s ~ 7 & ~ 10 11 1::' 14 15 1(, 11 18 111 \ ZCi 21 22 "~$"~ I , I I en 3: ~ ... ,.. m (II ... 10D rn 1M m ,.. 3: 102 th .. '104 1t'o 1U. -'07 1Dt: 109 10S 111 "0 ~'3 112 11$ 114 :;;nn 1?..:I "In" ~;'~~.,..? 1? nl1 'lB 111 1-11 '111 111 111 111 ;-11 1'11 111 ),'tJ 11j: l1!t 111 11:-' '2 , '_ ., I 1:o.1'12'l1:1)O / 'PVfRht fc) Villaj:ie of. Mt. Pr::t;:]:)9d:, .IL "11:2' j~ MEMORANDUM Village of Mount Prospect Community Development Department TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION ARLENEJURACEK,CHAffiEERSON 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 Map1e 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 of the 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 Requirements 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. ft. 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.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 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 concur: w- 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 .... E-- ~:B Subdivision Name/Addres =: :: O~ Date of Submission ~~ z..... ....0 ><:--- ~ Hearing Date Q Z .... Petitioner Telephone (day) Gavin Kleespies 847.392.9006 Corporation Telephone (evening) The Mount Prospect Historical Society Z Street Address 0 Fax .... 101 S. Maple Street E-- <( :iiE City State Zip Code Email =: Mount Prospect IL 60056 kleespiesmphist@wowway.com 0 ~ Z Interest in Property: .... Q Tenant with a 99 year lease started in 1989 Z ;:J Property Owner Telephone (day) 0 847.392.6000 ~ ~ Corporation Telephone (evening) ~ 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 SUBDIVISION NAME Lots 1 and 2 in block 11 in Busse and Wille's Re-subdivision REAL ESTATE INDEX NO.: 0 8 -- 11 -- 1 1 0 -- 0 0 2 -- 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 Sin!!: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 20 I 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: I) 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 th~ property during reasonable hours for visual inspection of the subject property. I hereby affIrm that all information provided herein and in all materials submitted in association with this application are true and accurate to the bes~~... owled . IV / Applicant LZ.- Date '1' / (7' /00 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 Date Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois 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 Floros Marlys 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 forI) 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 A venue 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 Village 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 Comm.issioners 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 m.ore 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: 1). 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 ofthe 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 suinp 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 well 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 of the site. Keith Youngquist made a motion to approve 1) 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:IPLAN\Planning Ii. Zoning COMM\P&.z ZOO5\MinutcsIPZ.Z8-ll6 103 S. Maple MPHS.dcc: 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. Property Index Number: 08-12-110-002-0000; and 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. -3 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 Staff'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; 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 15.402.8 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\mphistoricalsocietyconditional 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:IGENlfiles\WINIRESlAuth agrmt,VOMP & mphsparkingagreemnntnov2006 G