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Home My WebLink About6. NEW BUSINESS 07/17/2007 Village of Mount Prospect Community Development Department Mount Prospect MEMORANDUM ~ TO: MICHAEL E. JANONIS, VILLAGE MANAGER 'Bb. t.A~1 ') I' ,\1 01 FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JULY 13,2007 SUBJECT: PZ-19-07 - VARIATION - SIDE YARD SETBACK 585 SLAWIN COURT FIRST INDUSTRIAL REALTY TRUST, DON T ADISH - APPLICANT The Planning & Zoning Commission transmits their recommendation to approve Case PZ-19-07, a request to allow a 3' landscape setback along the west lot line, as described in the attached staff report. The Planning & Zoning Commission heard the request at the June 28, 2007 meeting. The Petitioner is in the process of securing a tenant, Siemens, for the Subject Property. Siemens would like to expand its operation and would like to move from the adjacent building to the Subject Property. For internal business requirements, Siemens requires more parking than is currently provided on-site. Due to physical site constraints, the only viable location for the additional parking is along the west lot line of the Subject Property. The proposed parking stalls would encroach into the required 10' landscape setback and have a 3' setback. The Petitioner owns the abutting property, 580 Slawin Court, and proposes to extensively landscape the 13' between the two properties. The Planning & Zoning Commission discussed the request. They noted that the Kensington Business Center was originally designed for warehousing and manufacturing businesses, and that an office use is a more intense use that requires more parking spaces. There was discussion about the tenant's operation, and how there would be a higher number of visitors to the facility than a typical office facility, which dictates them needing additional parking. Also, the Subject Property would remain below the Village's 75% lot coverage limit with the addition of the new parking spaces. The Petitioner agreed to consolidate the site to a one-lot subdivision and to engineer the site as noted in the Staff Report. The Planning & Zoning Commission voted 5-0 to recommend that the Village Board approve the Variation to allow a 3' landscape setback along the west lot line as shown in the Petitioner's exhibit prepared by SGM Architects dated April 20, 2006, and landscaped as shown on the Petitioner's landscape plan prepared by Teska Associates date stamped May 21, 2007, for the property located at 585 Slawin Court, Case No. PZ-19-07. Please forward this memorandum and attachments to the Village Board for their review and consideration at their July 17, 2007 meeting. Staff will be present to an~lles~~ this malter. William 1. Cooney, Jr., ~ CP R\PLANlPlanning & Zoning COMM\P&Z 2007\ME! Memos\PZ-19-07 ME! MEMO (S85 Slawin CI).doc MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-19-07 Hearing Date: June 28, 2007 PROPERTY ADDRESS: 585 Slawin Court PETITIONER: First Industrial Realty Trust, Don Tadish PUBLICATION DATE: June 13, 2007 PIN NUMBERS: 03-35-104-052-0000 & 03-35-104-054-0000 REQUEST: Variation - Side Yard Setback (locate parking 3' from lot line) MEMBERS PRESENT: Richard Rogers, Chairperson Leo Floros Marlys Haaland Mary McCabe Ronald Roberts MEMBERS ABSENT: Keith Youngquist Joseph Donnelly STAFF MEMBERS PRESENT: Judith Connolly, AICP, Senior Planner Ellen Divita, Deputy Director of Community Development Jason Zawila, Long Range Planner INTERESTED PARTIES: Don Tadish Chairman Richard Rogers called the meeting to order at 7:37 p.m. Marlys Haaland moved to approve the minutes of the May 24, 2007 meeting and Ronald Roberts seconded the motion. The minutes were approved 5-0. After hearing one previous case, Chairman Rogers introduced Case PZ-19-07, a request for a sideyard setback Variation at 585 Slawin Court, at 7:54 p.m. Judy Connolly, Senior Planner, stated that the Subject Property consists of two lots of record and is located at the southeast edge of the Slawin Court cul-de-sac bulb, in the Kensington Business Center. The Subject Property contains a one-story office/warehouse masonry building with related improvements. The Subject Property is zoned II Limited Industrial and is bordered on all sides by the II District. Ms. Connolly said the Petitioner is in the process of securing a tenant for the Subject Property. The tenant is currently located at an adjacent property on Slawin Court, and would like to move to the Subject Property to accommodate their expanding business operations. However, for internal business requirements, the tenant requires more parking than is currently provided on-site. She stated that due to physical site constraints, the only viable location for the additional parking is along the west lot line of the Subject Property. The proposed parking stalls would encroach into the required 10-foot landscape setback and have a 3-foot setback. She said the Petitioner owns the abutting property, 580 Slawin Court, and proposes to extensively landscape the 13-feet between the two properties. The request requires Variation approval because the proposed parking will encroach into the required 10-foot landscaping setback. Ms. Connolly stated that the Subject Property does not comply with the Village's zoning regulations because it consists of two lots of record, and the existing building crosses the lot line. The lot is not a legal lot of record as defined by the Village Code, and will have to be consolidated to a one-lot subdivision in order to comply with Richard Rogers, Chairman Planning & Zoning Commission Meeting June 28, 2007 PZ-19-07 Page 2 Zoning Code regulations for building on a legal lot of record. The consolidation process would be done administratively and does not require further action by the Planning and Zoning Commission. She showed a table comparing the Petitioner's proposal to the II Limited Industrial District's bulk and parking requirements. The table illustrated that the Petitioner's request complies with lot coverage limitations and exceeds the Village's parking requirements. Ms. Connolly said the standards for a Variation are listed in Section 14.203.C.9 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Variation. She summarized these findings: . A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; · Lack of desire to increase financial gain; and . Protection ofthe public welfare, other property, and neighborhood character. Ms. Connolly stated that the Petitioner researched alternative locations to locate the additional parking, but found that the detention pond, numerous easements, and the adjacent creek limited development options. Therefore, the proposed location was the 'default option' because the other areas ofthe Subject Property are unbuildable. Ms. Connolly said Staff contacted the proposed tenant and learned that they intend to use the building as a sales office and would have a significant number of international clients visit the facility. Consequently, they anticipate needing more parking than the minimum amount required per the Village Code. She stated that adequate parking in general has been an issue for a few other properties in the Kensington Business Center, and has led to limited redevelopment opportunities/prolonged vacancies. She said in this case, the amount of parking is not an issue since the site will be well below the Village's 75% lot coverage limitation. However, locating the parking in a required side yard requires code relief. Ms. Connolly stated that the Zoning Ordinance requires a 10-foot landscape setback along the parking lot perimeter to screen vehicles and to provide a buffer for the adjacent properties. In this case, the Petitioner owns both properties and proposes to add a variety of landscape material on the adjacent lot to screen the vehicles and provide a buffer. Also, the Subject Properties are located at the bulb of a cul-de-sac, which presents limited views for other properties, and the site is located in an industrial business park. Ms. Connolly said the proposed encroachment may not be perceived as meeting the definition of a hardship as defined by the Zoning Ordinance because the request is based on the tenant's internal requirements and could be interpreted as a convenience. However, the Kensington Business Center (KBC) was initially developed as an industrial-office park and the parking was designed for less intensive users. As the character and nature of the KBC changes to more of an office-only park, Staff anticipates future tenants will require additional parking. Ms. Connolly stated that the Engineering Division reviewed the request and found that the scope of improvements would require the Petitioner to improve the site as required by Sec. 15.501 of the Village's Development Code. Among these requirements is the need to provide storm water detention for the new impervious surface created, which is slightly more than 1,500 square feet. She said the Petitioner is aware of and has agreed to make these changes as required by code. Ms. Connolly stated that the proposal to construct parking stalls in a required side yard setback meets the Variation standards contained in Section 14.203.C.9 of the Zoning Ordinance because the detention pond, easements, and location of the existing building create physical limitations to expanding the parking lot. Based on this analysis, Staff recommends that the P&Z approve the following motion: Richard Rogers, Chairman Planning & Zoning Commission Meeting June 28, 2007 PZ-19-07 Page 3 "To approve a Variation permitting a 3-foot landscape setback along the west lot line as shown in the Petitioner's exhibit prepared by SGM Architects dated April 20, 2006, and landscaped as shown on the Petitioner's landscape plan prepared by Teska Associates date stamped May 21, 2007, for the property located at 585 Slawin Court, Case Number PZ-19-07." Ms. Connolly said the storm water detention and site consolidation will be addressed at time of Building permit. The Village Board's decision is final for this case because the setback is more than 25% of the Village Code requirement. Chairman Rogers asked if the Petitioner is proposing new parking. Ms. Connolly confirmed it would be a new parking area. Chairman Rogers swore in Don Tadish, property manager for 585 and 580 Slawin Court. Mr. Tadish stated they wish to expand the parking to accommodate Siemens Corporation business expansion. He said that there are limitations to the site and the required sideyard is the only buildable space on the lot. Chairman Rogers asked if Siemans will be occupying both spaces. Mr. Tadish said they will be moving into the larger, 585 Slawin Court building. Mr. Floros asked how many parking spaces this project IS creating. Mr. Taddish stated this will create approximately 34 new spaces. Chairman Rogers called for additional questions or comments. Hearing none, the Public Hearing was closed at 8:03 p.m. Mary McCabe made a motion to approve Case Number PZ-19-07 granting a sideyard setback Variation at 585 Slawin Court. Ronald Roberts seconded the motion. UPON ROLL CALL: AYES: Floros, Haaland, Roberts, McCabe, Rogers NAYS: None Motion was approved 5-0. After hearing seven additional cases, Ronald Roberts made a motion to adjourn at 11 :04 p.m., seconded by Mary McCabe. The motion was approved by a voice vote and the meeting was adjourned. H:\PLAN\Planning & Zoning COMM\P&z 2007\Minutes\PZ.I 9..Q7 S85 Slawin Court. doc Village of Mount Prospect Community Development Department CASE SUMMARY - PZ-19-07 LOCATION: PETITIONER: OWNER: PARCEL #: LOT SIZE: ZONING: LAND USE: REQUEST: 585 Slawin Court First Industrial Realty Trust, Don Tadish First Industrial Realty Trust 03-35-104-052-0000 & 03-35-104-054-0000 3.7 acres (161,599 square feet) 11 Limited Industrial One story office/warehouse building Variation - Side Yard Setback (locate parking 3' from lot line; 10' required) LOCATION MAP MEMORANDUM Village of Mount Prospect Community Development Department TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION RICHARD ROGERS, CHAIRPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: JUNE 21, 2007 HEARING DATE: JUNE 28, 2007 SUBJECT: PZ-19-07 - VARIA nON (PARKING LOT SETBACK) 585 SLA WIN COURT (FIRST INDUSTRIAL REALTY TRUST) BACKGROUND A public hearing has been scheduled for the June 28, 2007 Planning & Zoning Commission Meeting to review the application by First Industrial Realty Trust (the "Petitioner") regarding the property located at 585 Slawin Court (the "Subject Property"). The Petitioner has requested a Variation to construct additional parking stalls 3' from the property line when the Zoning Ordinance requires a 10' setback. The P&Z hearing was properly noticed in the June 13,2007 edition of the Journal Topics Newspaper. In addition, Staff has completed the required written notice to property owners within 250-feet and posted a Public Hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property consists of two lots of record and is located at the southeast edge of the Slawin Court cul- de-sac bulb, in the Kensington Business Center. The Subject Property contains a one-story office/warehouse masonry building with related improvements. The Subject Property is zoned II Limited Industrial and is bordered on all sides by the II District. SUMMARY OF PROPOSAL The Petitioner is in the process of securing a tenant for the Subject Property. The tenant is currently located at an adjacent property on Slawin Court, and would like to move to the Subject Property to accommodate their expanding business operations. However, for internal business requirements, the tenant requires more parking than is currently provided on-site. Due to physical site constraints, the only viable location for the additional parking is along the west lot line of the Subject Property. The proposed parking stalls would encroach into the required 10' landscape setback and have a 3' setback. The Petitioner owns the abutting property, 580 Slawin Court, and proposes to extensively landscape the 13' between the two properties. The request requires Variation approval because the proposed parking will encroach into the required 10' landscaping setback. GENERAL ZONING COMPLIANCE The Subject Property does not comply with the Village's zoning regulations because it consists of two lots of record, and the existing building crosses the lot line. The lot is not a legal lot of record as defined by the Village Code, and will have to be consolidated to a one-lot subdivision in order to comply with Zoning Code regulations for building on a legal lot of record. The consolidation process would be done administratively and does not PZ-19-07 Planning & Zoning Commission Meeting June 28, 2007 Page 3 require further action by the P&Z. The following table compares the Petitioner's proposal to the II Limited Industrial District's bulk and parking requirements. The table illustrates that the Petitioner's request complies with lot coverage limitations and exceeds the Village's parking requirements. 11 Limited Industrial Minimum Requirements Existin2 Proposed SETBACKS: Front 30' 44' No change 15' (building) 40' (east) No change (east) Side Yard 10' (parking) 30' (west edge of 3' (west) parking) Rear 20' 40' No change LOT COVERAGE: 75% Maximum 61% 62% Parkin2: 156 required if entire Office: 4/1 ,000 sq. ft. building is used as office 145 currently on-site 179 requested by tenant VARIATION STANDARDS The standards for a Variation are listed in Section 14.203.C.9 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Variation. The following list is a summary of these findings: · A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; · Lack of desire to increase financial gain; and · Protection of the public welfare, other property, and neighborhood character. The Petitioner researched alternative locations to locate the additional parking, but found that the detention pond, numerous easements, and the adjacent creek limited development options. Therefore, the proposed location was the 'default option' because the other areas of the Subject Property are unbuildable. Staff contacted the proposed tenant and learned that they intend to use the building as a sales office and would have a significant number of international clients visit the facility. Consequently, they anticipate needing more parking than the minimum amount required per the Village Code. Adequate parking in general has been an issue for a few other properties in the Kensington Business Center, and has led to limited redevelopment opportunities/prolonged vacancies. In this case, the amount of parking is not an issue since the site will be well below the Village's 75% lot coverage limitation. However, locating the parking in a required side yard requires code relief. The Zoning Ordinance requires a 10' landscape setback along the parking lot perimeter to screen vehicles and to provide a buffer for the adjacent properties. In this case, the Petitioner owns both properties and proposes to add a variety of landscape material on the adjacent lot to screen the vehicles and provide a buffer. Also, the Subject Properties are located at the bulb of a cul-de-sac, which presents limited views for other properties, and the site is located in an industrial business park. PZ-19-07 Planning & Zoning Commission Meeting June 28, 2007 Page 4 The proposed encroachment may not be perceived as meeting the definition of a hardship as defined by the Zoning Ordinance because the request is based on the tenant's internal requirements and could be interpreted as a convenience. However, the Kensington Business Center was initially developed as an industrial-office park and the parking was designed for less intensive userslbusinesses as warehouse requires I space per 1,500 sq. ft. As the character and nature of the KBC changes to more of an office-only park, Staff anticipates future tenants will require additional parking. The Engineering Division reviewed the request and found that the scope of improvements would require the Petitioner to improve the site as required by Sec. 15.501 of the Village's Development Code. Among these requirements is the need to provide stormwater detention for the new impervious surface created, which is slightly more than 1,500 sq.ft. It should be noted that similar parking lot expansions in the Kensington Business Center have triggered additional detention volume to be provided. This is typically accomplished be modifying the existing pond. The pond in question was recently dredged and lined, so any modifications to the pond would have to conform to the existing pond section. Specifications for the pond section can be provided during the permit review. It should also be noted that the pond to which 585 Slawin Court drains was identified has having insufficient volume for the existing tributary area. Consequently, Engineering would not be able to support a Code exception that would create more impervious area draining to this pond without providing the appropriate increase in storage volume. RECOMMENDATION The proposal to construct parking stalls in a required side yard setback meets the Variation standards contained in Section 14.203.C.9 of the Zoning Ordinance because the detention pond, easements, and location of the existing building create physical limitations to expanding the parking lot. The Petitioner is aware of and agrees to make the Village Code required site improvements, including, but not limited to providing storm water detention for the new impervious surface created. Based on this analysis, Staff recommends that the P&Z approve the following motion: "To approve a Variation permitting a 3' landscape setback along the west lot line as shown in the Petitioner's exhibit prepared by SGM Architects dated April 20, 2006, and landscaped as shown on the Petitioner's landscape plan prepared by Teska Associates date stamped May 21, 2007, for the property located at 585 Slawin Court, Case No. PZ-19-07." The storm water detention and site consolidation will be addressed at time of Building permit; the Village Board's decision is final for this case because the setback is more than 25% of the Village Code requirement. I concur: ~Jl7-~ ' William J. Cooney, AI P, Director of Community Development ~mt H:IPLANlPllnning '" Zoning COMM\P4Z 2007\Stlff McmoIPZ. I 9-01 MEMO (585 S1lwin Ct . v AR . porking ..._).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 Variation Request Mount Prospect The Planning & Zoning Commission has final administrative authority for all petitions for fence variations and those variation requests that do not exceed twenty-five (25%) of a requirement stipulated by the Village's Zoning Ordinance. PETITION FOR PLANNING & ZONING COMMISSION REVIEW Village Board Final Z Case Number o PZ - - 05 ~ H -< ~ Development Name/Address ...~~ o ~ r.. ~ Date of Submission ~..... ><e- ~ Hearing Date Z ~ Common Add,es) (Street Number, Street) <-? ~~ > LA\A.J ,AJ G5l) ~ r Tax I.D. Number or County Assigned Pin Number(s) 0, -OJ -{.:>i'.- 071' .... tf?J7N z O~ -- 'J:J '7 ,. ( <) 't - 0-)' 2.. - 01>0.0 J 0 ~ Eo-< -< Legal Description (attach additional sheets if necessary) ~ 0 r.. w~ Z ~ - f;o;'l Eo-< . ~ 00 Z Name o ~ Eo-< -< ~I ~~ ~ .~ Ql z< 51 ~ ~ U -< = Telephone (day) b-z/'1- '2. '7? ~;i>;"" Telephone (evening) ~:1- 6~ q/c:; Y Fax 1- 2.'7 oo)~ ~ State Zip Code ( L b'1)() ly Email of. ~ I Sf,,@{)'ff,t 'I'IJII~ty,4i. ~ Z Name Telephone (day) 0 , .... '~M ~~ Eo< < ~ ~ Corporation Telephone (evening) ~ ~ Zo ... ~€ Street Address Fax Z Cl.l ~ g- O .... ~i:l.. Co-'I City State Zip Code Email ~ U < = Developer S~ ~~. ~~f- Name Cth Telephone (day) Address Fax Email Attorney PJr~ti 'f 161Y\h~) 'Si2.. b2.' - Name Telephone (day) 71b~ Address ~C4IVC..c~ r.e.,~ )3C\.M-o -e,~~ , Fax C b,,,,,.f"';^~ G ~ip". 2,.Al:J ~, fV\..M,., &n ) r- ",'2. ~Cjf4 "1) 0 ~ C}. I Email ~-,- lL. Coe~o" -- )4(,.) "... I Surveyor Z Name Telephone (day) 0 I .... Eo< <I.l Address Fax -.. <<<i ~ .~ Email OJ! ~ 0 z .... ....i:l.. c:l'E Engineer Z Cl.l ~ S Name Telephone (day) o g- ~"il Address Fax Co-' t ~Cl UI Email < = Architect S~M ~l -kvf-, Name Telephone (day): ~1- ~u;. 'l)" It- Address .Atio~ r\u~ Fax <itt 1- 1'-' '1)", 1- '%:; ~(eA.~~ ~ Email S'WltA.r-Gh'"kob ~ S ~(..j \...&.,.....1. tAk Zf>c-\ J,.. . (L "D1)4- ::}- Nut Landscape Architect Name ~('''KA fXt7~t. Telephone (day): ~ ~~ Z3l') Addres~~ ~ 'I' p E.. \ t\t,U Fax 14-1- ~t.. '\ l.o~q b2.1- (A~u.. ~T. Email VH~U tl- T'li...7~AM,.iOCl"S f'tD.A1 l..-" ~TO ~ \L- ~OL..C' Mount Prospect Department of Community Development ~I\. C"-.~....1- '0________ C"......__... 'AK_..._+ Tl....._____L Tl1'::__-=_ fr\A.Cr Phone 847.818.5328 T:'I___ o A,..,. 01 n ~"''''''n Code Section(s) for which Variation(s) is (are) Requested Summary and Justification for Requested Variation(s), Relate Justification to the Attached Standards for Variations ,r ~~" .,J '-X.e- ~ f.>iI ~~ Of.>il ~~ ~~ ~O 00""'" ~ ~ Please note that the application will not be accepted until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and completeness prior to 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 a~~Wledge. A~^r--~ Date ~ll-;Y~ Print Name 'f)eN lV\.. . "l'"A-n J~ If applicant is not property owner: I hereby designate the applicant to act as my agent for the purpose of seeking the Variation(s) described in this application and the associated supporting material. Property Owner Date Print Name Mount Prospect Department of Community Development 50 South Emers:on StreeL Mount Prmmect Tllinois:_ ll005ll Phone 847.818.5328 F~x R47 R 1 R ';1?c) SUMMARY AND JUSTIFICATION The owner ofthe property would like to accommodate the needs of Seimens Corp. by increasing the parking area by 34 stalls. First Industrial owns two adjacent properties at 580 and 585 Slawin Court. Seimens would like to move and expand into the larger 585 property however the parking is less than their needs. This variation is needed due to the unique situation of the 585 property. 585 Slawin is bounded on two sides by restrictive elements; on the south is the Feehanville Drainage Ditch and on the east are a detention pond and a recreation easement. These elements dramatically reduce the usable area on this parcel. This parking change would help keep a Mount Prospect tenant from leaving. This change would not be detrimental to other properties in the area and as you see we will plant substantial greenery to maintain the character of the park. Likewise this variation will not affect the light or air of adjacent properties nor will it increase congestion, chance of fire, natural drainage endanger the public safety or diminish or impair property values. I 22 23 EXfSTl1U 585 SLAWIN COURT Mt. Prospect,ll 1--- ------- - - - - - - - - - - - - - - - - - - - -- 15 . I . I ! I I - t - -1---- j --1--- i - - -- ~--. 1--_1__1_ __i__ I I ! I I I I I lONE TORY ! I I I MAS NRY I I -- - r---I +/~~~;~T-~ - ---- -1---- -i--- ~ -----: - --. I I I I I I I i ' ! I c=J _1__ 1 ____ _ __n_ I I I I / I I / I I / I I / L _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ __/ A S G M · Architects ........ ARCHllEcruRE PlANNING DESIGN 365 Glen Farm Lane Lake Zurich, IL 60047 TEL/FAX: 847.726.9517 SITE PLAN ~ SCALE: 1" = 60'-0" Ri"'? FIRST FIRST INDUSTRIAL REAL 1Y TRUST, INC. INDUSTRIAL =:.~=.=a-.SUIIlt750 . IA L TY ' TI u" 147.233.7308 Fa: 147.233.l1l158 Date: 04/12/06 DW9: 4052 Drawn by. SGM 1 02011I .. ArdIbcta (LDPoSED 585 SLAWIN COURT Mt. Prospect, IL 1--- ----- TENANT SITE AREA SITE AREA ..................................... IMPERVIOUS AREA (62%) ............ BUILDING AREA EXISTING OFFICE ......................... WAREHOUSE ................................. TOTAL FIRST FLOOR .................... PARKING DATA PARKING REQUIRED PARKING PROVIDED 137 STALLS 179 STALLS D A T A 161,599 SQ. FT. 100,418 SQ. FT. 33,245 SQ. FT. 5,548 SQ. FT. 38,793 SQ. FT. ,- I I I I I I I I I I : - 1- - - - - -- T - --- -- ---J - - - ! I I I I I I 1 I I ~ I I : _ -- -. J -_ _ _ ___ _ _. _____1_ __ _I. ._ _ 1 . i I I i i I o::st1~~Y I ; . ... - !- T~/~~FFT I-- I I I I --:l--r--l- I i 24 24 I 11 I I ~I I I I ~~ Art~ 80)( I I I 20 21 CB o LP CB o I I ! --- -1---- -. t .----- +- ----- , I ! LP / / / CB o ~I I I I I I / , SITE PLAN / L___n____~ ~:1.=~:r_n____/ CB o CB o iIi" ". FIRST FIRST INDUSTRIAL REALTY TRUST, INC. .... w. IIIyn ..... "--. SuIIt 7150 INDUSTRIAL "-'-l, .... 1lI01. . . A 1 , , . , . U S T 147.233.7308 F.x: 147.233.0051 Date: 04/20/06 DW9: 4052 Drawn by. SGll S G M . Architecls ARCHlTEC1Uf<f Pl.ANNING OESIGIII 365 Glen Farm lane lake Zurich, Il 60047 TEl,lrAX: 847.726.9517 0___ / / / / / / 1 ------------, ---- ----- ------------------- I I ,""- " ) R1tPo~b 1--:-----------1 I I l' ! \ _____L_ I nn~ I : H I I 1 I 1 1 I I ..- I I I 1 I I I .L.D.... I I , 1 I I , I / 20 I 21 I 580 SlAWIN I --j---~--t--- . ONE STORY : : MASONRY I i BUILJDING -- .. .,-+/- 50;225 S.F:-r- - I I ! 585 SlAWIN .. - ..!_- - -+oNCSTORv+- .. I i MASONRY : i BUILDING Ld i +/- 38,793 S.F. I CB o LP CB o --j------i------+-__ CB o LP ~ SITE PLAN- - - - - - -- - - - - -- ~ SCALE: l' = 50'-0' AI ~C~~~~U".E ~~~~)~ R'i% FIRST FIRST INDUSTRIAL REAL TV TRUST,INC. M50 W. Bryn M.wr """-. SU1t1l50 INDUSTRIAl. RoMmant, ... 1001. , 1'- t I ~.' ~ Il_~' &47.233.7301 Fu: 147.233.0051 365 Gren f'arm L.one Lake Zurich, tL 60047 TEL/F'AX; 847.726.9517 I I / I I / I I / I I / I I / I I / I I / I I / I I / I I / TENANT SITE AREA SITE AREA ..................................... IMPERVIOUS AREA (62%) ............ BUILDING AREA EXISTING OFFICE ......................... WAREHOUSE ................................. TOTAL FIRST FLOOR .................... PARKING DATA PARKING REQUIRED PARKING PROVIDED OAT A I I 161.599 sa. FT. 100,416 sa. FT. / I I 33.245 sa. FT. 5,546 sa. FT. 36,793 sa. FT. 137 STALLS 179 STALLS Date: 05/17/07 585 SLAWIN COURT Ow,,7015 Mt. ProSpect, IL D..,. by. - 1 0 3 Existing Pines to Remain ~ (,) 3 Existing Shrubs to Remain o 20' 40' 60' iI.....ri Q 7 Proposed 8' ht. New NOlWay Spruce lVIay 2007 ~ 2 Transplanted Maple ~ 3] Transplanted Shrubs Species Varify On Site ........ .......... -- 3) Existing Pines to Remain (3) Existing Shrubs AoRema,in < \ (3) 8' ht. Ne~NOTaYSpruce ~;?;; (7) Transplante~ Shrubs~~ ' /..... imm."",_- ....nt-.". I I I I 1 I 1 I I 1 I 1 __1__ -~---T---T---I-- I I I I 1 I 1 I 1 1 I 1 I 1 1 I 1 I 1 1 I ___I ---+----+----1----1-- I I 1 I 1 I I 1 I 1 1 I S I 1 1 lONE TORY 1 I 1 I MASONRY 1 I ---L---r BUILplNG ,---,-- I I 1 I I I I I I I I I 1 I I I I I I ---~---~---~---~--- I I I I I I I 1 I I I 1 I I 1 1 I I 1 ---(----T----I--- I 1 1 1 I 1 I 1 1 I 1 3' ht. Soaa~OEarth Be~__; (]) TI1l:~sp\lii1te~ Maple ............; (4) Tr~iisplaJit~g Shrubs (4) Transplanted Shrubs- ---,---- (8) Transplanted Shrubs (]) TransManted Maple=J-~~-- (4) Transpjante~ Shrub~---L----i l\_.............."""""."........... ,) l_...,._.."....."....................""...,i New I Spruce / / __J 585 Slawin Court Mt. Pros pee; I[[;no;s fZ] ,_.....Jto.....~,_. ~~if-'* ORDINANCE NO. AN ORDINANCE GRANTING A VARIATION FOR PROPERTY LOCATED AT 585 SLAWIN COURT WHEREAS, First Industrial Realty Trust, ("Petitioner) has filed a petition for a Variation with respect to property located at 585 Slawin Court, ("Subject Property') and legally described as follows: Lot 302-C in Kensington Business Center - Resubdivision Twenty, being a resubdivision of Lots 302-B an d302-C in Kensington Center - Resubdivision Sixteen, a resubdivision of Lots 302-B and 302-C in Kensington Center-Phase Three-B and Lot Document NO. 86600187, in Cook County, Illinois Property Index Number: 003-35-104-052-0000 and 03-35-104-054-0000; and WHEREAS, the Petitioner seeks a Variation to allow a three foot (3') landscape setback along the west lot line; and WHEREAS, a Public Hearing was held on the request for a Variation being the subject of PZ-19-07 before the Planning and Zoning Commission of the Village of Mount Prospect on the 28th day of June, 2007, pursuant to proper legal notice having been published in the Mount Prosoect Journal & Tooics on the 13th day of June, 2007; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendation to the President and Board of Trustees in support of the request being the subject of PZ-19-07; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the requests herein and have determined that the same meets the standards of the Village and that the granting of the proposed Variation would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS 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. SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect do hereby grant a Variation to allow a three foot (3') landscape setback along the west lot line, as provided in Section 14.203.C.9 of the Village Code; and SECTION THREE: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. 0, PZ-19-07 Page 2/2 AYES: NAYS: ABSENT: PASSED and APPROVED this day of July, 2007. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H :\CLKO\files\WIN\ORDINANC\Variationpz-19-07SlawincourtjulyO7 .doc Village of Mount Prospect Community Development Department Mowrt Prospect MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER b.~~ ., 1/1 0'1 FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JULY 13, 2007 SUBJECT: PZ-33-06-1) PLAT OF VACATION; 2) PLAT OF RESUBDIVISION 1011 CYPRESS DR., 1013 CYPRESS DR., 1010 LANCASTER ST., AND 1012 LANCASTER ST. CATHLEEN SCHIRO - APPLICANT The Planning & Zoning Commission transmits their recommendation to approve Case PZ-33-06, a request for the Village to vacate a pedestrian right-of-way (walkway), and subdivide the vacated land equally among the adjacent properties, as described in the attached staff report. The Planning & Zoning Commission heard the request at the April 26 and May 24, 2007 meetings. The Subject Properties consist of four lots of record that are located south of Golf Road, north of Ash Drive; two lots are located on Cypress Drive and two lots are located on Lancaster Street. There is a 20' wide pedestrian right-of-way/intended walkway that is located between the Subject Properties. It is currently grassed over and used and maintained only by the applicants. The proposed plats would: 1) vacate an undeveloped pedestrian right-of-way and equally divide that land among the four adjacent property owners, and 2) consolidate the vacated pedestrian right-of-way with the adjacent properties. The Planning & Zoning Commission reviewed the requests and found that the plats are consistent with previous Village approvals where undeveloped rights-of-way between two homes was vacated. They found that the plats would not create any nonconformities and were prepared according to Village Code requirements. The Planning & Zoning Commission voted 5-0 to recommend that the Village Board approve a Plat of Vacation and a Plat of Resubdivision, titled Schiro's Resubdivision, benefiting the properties located at 1011 Cypress Dr., 1013 Cypress Dr., 1010 Lancaster St., and 1012 Lancaster St., Case No. PZ-33-06. Please forward this memorandum and attachments to the Village Board for their review and consideration at their July 17,2007 meeting. Staffwill be present to answer any questions related to this matter. H:\PlAN\Planning &. Zoning COMM\P&Z 2007\MEJ Memos\PZ-J3-06 ME! MEMO (Lancaster and Cypress plats).doc MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-33-06 Hearing Date: June 28, 2007 PROPERTY ADDRESS: 10 13 Cypress Drive PETITIONER: Cathleen Schiro PIN NUMBERS: 08-14-128-008 / 08-14-128-007 / 08-14-128-019 / 08-14-128-020 REQUEST: 1) Village to vacate 20' pedestrian right-of-way; 2) Consolidate vacated land with the 4 adjacent lots MEMBERS PRESENT: Richard Rogers, Chairperson Leo Floros Marlys Haaland Mary McCabe Ronald Roberts MEMBERS ABSENT: Keith Youngquist Joseph Donnelly STAFF MEMBERS PRESENT: Judith Connolly, AICP, Senior Planner Ellen Divita, Deputy Director of Community Development Jason Zawila, Long Range Planner INTERESTED PARTIES: Cathy Schiro, Wendy Formanski Chairman Richard Rogers called the meeting to order at 7:37 p.m. Marlys Haaland moved to approve the minutes of the May 24, 2007 meeting and Ronald Roberts seconded the motion. The minutes were approved 5-0. Chairman Rogers introduced Case PZ-33-06, a request for the Village to vacate a 20-foot pedestrian right-of-way and consolidate the vacated land with the four adjacent properties at 1011 Cypress, 1013 Cypress, 1010 Lancaster, and 1012 Lancaster, at 7:39 p.m. Judy Connolly, Senior Planner, stated that the Subject Properties consist of four lots of record that are located south of Golf Road, north of Ash Drive; two lots are located on Cypress Drive and two lots are located on Lancaster Street. Each of the Subject Properties contains a single-family residence with related improvements. The Subject Properties are zoned Rl Single-Family Residence and are bordered on all sides by the Rl District. There is a 20-foot wide pedestrian right-of-way that was intended to be a walkway that is located between the Subject Properties. It is currently grassed over and used and maintained only by the applicants. Ms. Connolly said the Petitioner contacted the Village and requested the Village vacate the pedestrian right-of- way/walkway. The area in question is located between four homes and the walkway was never installed. Per Village policy, the Petitioner prepared a Plat of Vacation that vacates the right-of-way and gives each adjacent property Y2 of the right-of-way. In this case, there are four properties, so each of the properties would receive a 10-foot x 113-foot portion. She said a four-lot plat of resubdivision was prepared that consolidates the soon-to-be vacated land with each of the Subject Properties. The Village Code requires the Planning & Zoning Commission review the proposed plats and forward a recommendation to the Village Board for their consideration and final action. Ms. Connolly stated that the Subject Properties currently meet the Village's minimum lot size requirements. However, the properties do not comply with the Village's minimum 120-foot lot depth requirement. She showed Richard Rogers, Chairman Planning & Zoning Commission Meeting June 28, 2007 PZ-33-06 Page 2 a table comparing the current lot size to the proposed lot size and shows that the lot size would continue to comply with Village regulations, but the lot depth would remain unchanged. Ms. Connolly stated that the proposed plats would: 1) vacate an undeveloped pedestrian right-of-way and equally divide that land among the four adjacent property owners, and 2) consolidate the vacated pedestrian right-of-way with the adjacent properties. Staff reviewed the plats and found that the plats were prepared in accordance with the Village's Development Code requirements. Based on this, Staff recommends that the P&Z approve the following motion: "To approve a Plat of Vacation and a Plat of Resubdivision, titled Schiro's Resubdivision, benefiting the properties located at 1011 Cypress Drive, 1013 Cypress Drive, 1010 Lancaster Street, and 1012 Lancaster Street, Case Number PZ-33-06." The Village Board's decision is final for this case. Chairman Rogers asked the Commission if they had questions for Staff. There were no questions. Chairman Rogers swore in Cathy Schiro of 1013 Cypress Drive. Ms. Schiro stated that the Petitioners are requesting approval of the Vacation and Resubdivision because the land in question has never been developed to its original intent as a walkway, the neighbors currently maintain the parcel, and most importantly, the property owners not owning the land limits improvements the homeowners can make to their property. As an example, Ms. Schiro stated that when she applied for a concrete permit, she could not improve her lot as desired because she didn't own the adjacent land, although she maintained it, and the proposed new concrete would exceed the Village's lot coverage limit. Chairman Rogers asked if the neighbors maintain this parcel; Ms. Schiro confirmed that they do maintain the property. Mr. Rogers asked if one of the adjacent properties had a fence; Ms. Schiro stated that her property does have a fence and they intend to keep the fence in place. Chairman Rogers called for additional questions or comments. There were none and the Public Hearing was closed at 7:43 p.m. Ronald Roberts made a motion to approve Case Number PZ-33-06, a request for a Vacation and Resubdivision at 1013 Cypress Drive, as presented by Staff. Marlys Haaland seconded the motion. Leo Floros asked if this type of Vacation/Resubdivision has been done in this area before. Ms. Connolly confirmed this would be consistent with previous Village Board actions. Mr. Roberts and Ms. Haaland both indicated they live in the area and agree this is an appropriate action. UPON ROLL CALL: A YES: Floros, Haaland, Roberts, McCabe, Rogers NAYS: None Motion was approved 5-0. After hearing nine additional cases, Ronald Roberts made a motion to adjourn at 11 :04 p.m., seconded by Mary McCabe. The motion was approved by a voice vote and the meeting was adjourned. Stacey Dunn, Community Development Administrative Assistant H:\PLAN\Plannmg & Zoning CQMM\P&z 2007\Minulcs\PZ-33-06 IOIJ Cyprcss.doc Village of Mount Prospect Community Development Department CASE SUMMARY - PZ-33-06 LOCATION: PETITIONER: OWNERS: lOll Cypress Dr., 1013 Cypress Dr., 1010 Lancaster St., and 1012 Lancaster St. Cathleen Schiro Ken & Marcella Gzamy, Michael & Cathleen Schiro, Richard Formanski, and Maria Citrano PARCEL #s: 08-14-128-008 / 08-14-128-007 / 08-14-128-019 / 08-14-128-020 LOT SIZES: each lot: 0.19 ac (8,249 sq. ft.) before consolidation / 0.21 acres (9,379 square feet) after consolidation ZONING: LAND USE: RI Single Family Single Family residences REQUEST: I) Village to vacate 20' walkway; 2) consolidate vacated land with the 4 adjacent lots LOCATION MAP ~ I.."EE. ~'"EBI !~~..... !( :;I : . ;ij 1< ~ ~ n !II ., ill I MEMORANDUM Village of Mount Prospect Community Development Department TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION RICHARD ROGERS, CHAIRPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: JUNE 21, 2007 HEARING DATE: JUNE 28, 2007 SUBJECT: PZ-33-06 - 1) PLAT OF V ACA nON, 2) PLAT OF RESUBDIVISION (4-LOTS) 1011 CYPRESS DR., 1013 CYPRESS DR., 1010 LANCASTER ST., AND 1012 LANCASTER ST. (SCHIRO RESIDENCE - APPLICANT) BACKGROUND A public hearing has been scheduled for the June 28, 2007 Planning & Zoning Commission Meeting to review the application by Michael and Cathleen Schiro (the "Petitioner") regarding the properties located at lOll Cypress Dr., 1013 Cypress Dr., 1010 Lancaster St., and 1012 Lancaster St. (the "Subject Properties"). The Petitioner requested the Village vacate a pedestrian right-of-way (walkway), and the vacated land would be divided equally among the adjacent properties, which requires approval of the Plat of Vacation and Plat of Resubdivision. The P&Z hearing was properly noticed by posting Public Hearing signs on each of the Subject Properties. PROPERTY DESCRIPTION The Subject Properties consist of four lots of record that are located south of Golf Road, north of Ash Drive; two lots are located on Cypress Drive and two lots are located on Lancaster Street. Each of the Subject Properties contains a single-family residence with related improvements. The Subject Properties are zoned RI Single- Family Residence and are bordered on all sides by the RI District. There is a 20' wide pedestrian right-of- way/intended walkway that is located between the Subject Properties. It is currently grassed over and used and maintained only by the applicants. SUMMARY OF PROPOSAL The Petitioner contacted the Village and requested the Village vacate the pedestrian right-of-way/walkway. The area in question is located between four homes and the walkway was never installed. Per Village policy, the Petitioner prepared a Plat of Vacation that vacates the right-of-way and gives each adjacent property Y2 of the right-of-way. In this case, there are four properties, so each of the properties would receive a I O'xl13' portion. Also, a four-lot plat of resubdivision was prepared that consolidates the soon-to-be vacated land with each of the Subject Properties. The Village Code requires the Planning & Zoning Commission review the proposed plats and forward a recommendation to the Village Board for their consideration and final action. PROPOSED LOT SIZES The Subject Properties currently meet the Village's minimum lot size requirements. However, the properties do not comply with the Village's minimum 120' lot depth requirement (Sec.15.305.B) as the lots measure 113' deep. PZ-33-06 Planning & Zoning Commission Meeting June 28, 2007 Page 3 The following table compares the current lot size to the proposed lot size and shows that the lot size would continue to comply with Village regulations, but the lot depth would remain unchanged. Minimum Lot Size: Minimum Lot Width Minimum Lot De th Rl Single Family Minimum Re uirements 8,125 s uare feet 65' 120' Existin 8,249 s uare feet 73' 113' Pro osed 9,379 s uare feet 83' No chan e PLATS OF VACATION AND RESUBDIVISION The proposed plats would: 1) vacate an undeveloped pedestrian right-of-way and equally divide that land among the four adjacent property owners, and 2) consolidate the vacated pedestrian right-of-way with the adjacent properties. Staff reviewed the plats and found that the plats were prepared in accordance with the Village's Development Code requirements. RECOMMENDATION The proposed plats have been prepared according to all Village Codes and requirements noted in Sec. 15.304. Based on this, Staff recommends that the P&Z approve the following motion: "To approve a Plat of Vacation and a Plat of Resubdivision, titled Schiro's Resubdivision, benefiting the properties located at lOll Cypress Dr., 1013 Cypress Dr., 1010 Lancaster St., and 1012 Lancaster St., Case No. PZ-33-06." The Village Board's decision is final for this case. William J. Cooney, AICP Director of Community Development Ijme H:\PL.AN\Planning & Zoning COMM\P&Z 2007\SlaffMemo\PZ-33-06 MEMO (1013 Cypress - plalOrvaellion and resub).doc MouIU Prospect ~ Mount Prospect Public Works Department INTEROFFICE MEMORANDUM TO: FROM: SENIOR PLANNER JUDY CONNOllY PROJECT ENGINEER CHUCK LINDElOF DATE: FEBRUARY 20, 2007 SUBJECT: PZ-33-06; PLAT OF VACATION & SHIRO'S SUBDIVISION (1011 & 1013 CYPRESS DRIVE AND 1010 & 1012 LANCASTER AVENUE) The Engineering Division has reviewed the plat of vacation and plat of subdivision for the proposed Shiro's Resubdivision, and finds they meet all requirements and are acceptable. The Engineering Staff has no objections and approves of the proposed subdivision. I g ~ ~ 910 "910 a 0 ~ ~ 9n .', 922 9/2 91l , WGOI.!:RD i g ~ ~ ~ 1001 1000 1001 ~ PALM DR ~CO) 1002 100l 100. ICOS IC04 1005 100S 1008 10"7 1M'" 100. 1008 1001 1010 '009 1008 1009 1010 ," 1009 1011 10n 'C~l 1014 lOT) tal" ... It: ~ 10" 1016 1015 '" tal) lOT. ~ lOlS 1016 ~ 10" ... 1013 ~ 1017 10lS ~ ~ 1015 tJ 1013 ; IOU' 1016 1010 ~ 1019 IO~O ~ 1017 '" I.J 1020 1019 1018 t021 1021 10U 1019 1011 1011 10:'0 101" 101J 1024 i 1011 'ON t N I PROJECT LOCATION ~~ H:\Engineering\Development\Reviews\PZ\2006\PZ_33_06\Plat -Approve.doc 1009 o -< ." " m ~ (/ " lOll . --'- _..~ 1015 1011 Capyrght (e) Villagg of Mt. PIOSP9ct, IL o 62ft i \ \ \ ~ ~.\~~ '10 ~0 VAC>~~j) l/)OE 1010 .--....,. ~~ 1012 1014 Hl16 Printed: 10/27/200609:49:13 AM Page 1 0[2 Print .clQ~~ 10117 1.009 '>-\\ I . . } I , (I) ): Z o > ~ " > < 1011 1013 1fJ1S 1017 DISCLAIMER This GIS data is provided 'as is' without warranty or any representation of accuracy. timeliness or completeness. The burden for detennining accuracy, completeness. timeliness. merchantability and fitness for or the appropriateness for use rests solely on the requester. 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 (j) Plat of Res. ub~~~~ .Application ~dF~ Mount Prospect ~ Z Case Number 0 PZ - - .... E-o ji Subdivision Name/Address O~ Date of Submission r.e ~O ~- r;;;1 Hearing Date ~ z o .... E-o j o r. ~ ~ i ~ ~ = Street Address D 101'3 S. C friESS' I? I V G City i11l ffl DSPFC-r Interest in Property: circle one Buyer Telephone (day) Property Owner - Name 60nJe.. Corporation Telephone (evening) Street Address Fax: City State Zip Code Email Surveyor /Engineer Name b'f\ em LEY ~. fJ I e DfR.rf14t-JJJ Address t.f5'oS- N . ELSTON C~t[A~o, IL r;D~3D Fax Dff1 Email SUBDIVISION NAME LtJ I f\J D S' 0 ~ C.s'\ATE-.S / 8 I U '~8 007 0000 REALESTATEINDEXNO.:~ _ -- _ ~ -- j~/. (f ( __ _ --= __ o S7 - I Y. _ J a i? .- () 0 ~? _ _ coo 0 REAL ESTATE INDEX NO.: 0 ~ - _L Lf - I ai:l-- 01 1 - oco.1) 08~Y-I')".~-_ OOto- 0000 - - -- LOCATION OR ADDRESS: i r) 13 S. C '/ 0 y.2.r:::SS / it) 1'0 S, LiL'lt\{~ 1f9't. S r 10 II S l C'i ~VLf.~ ( 10 I).., S. lraYlCA.)frv J;- LAND USE: EXISTING~ PROPOSED:_SF-v? ZONING: EXISTING yL\ . PROPOSED: ~l TOTAL ACREAGE: GROSS TOTAL # OF LOTS: 4 (e"i.I5ii" \1)) L~ c fl-rf~ Pvi B L I'e.. ~u It L J(< LV A '/ , ~J umSoG1dA1E V~[~kd (Vre,tL. lA- .eiISflNV) Number of dwelling units: ~lll~Single Family: Multifamily TWNH~ If requesting an exception to Development tode requirements, list request and explain why it is necessary: Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff to review the process and so that materials can be reviewed for accuracy and completeness at the time of submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agents permission to enter on the property during reasonable hours for visual inspection of the subject property. Date If applicant I hereby designate the applicant to act as my agent for the purpose of seeking the Variation(s) described in this application and the associated supporting material. Property Owner Date Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois Phone 847.818.5328 t;",..", QA~ 010 C'..,..,n GREMLEY & BIEDERMANN L:CEttSENo 181,-002761 PROfESSIONAL LANO SURVEYORS 4505 NORTH ELSTON AVENUE, CHICAGO, lL 606~O TELEPHONE (773) bi5-51DZ FAX (7731 Zib-4li4 EMAIlINFOOPLCS-SURVEY COM Plat of Vacation The 20 foot public walkway lying North of and adjoining Lots 56 and 69 and South of and adjoining Lots 57 and 68 all in Windsor Estates, being a Subdivision of part of the West half of Section 14, Township 41 North, Range 11, East ofthe Third Principai Meridian, in the Village of Mount Prospect, Cook County, Illinois. I 3i d (J)'" (J)t;' Wo o:::;g ~~ () ~~8 ;,. 8 .; i!~ ~ U) ~ PIN 8-14-128-008 ~IN 8-14-128-019 #1011 CYPRESS~ #1010 LANCASTER AVE. LOT 57 I LOT 68 8 g w ~ 00 idl~ ..C'\I g en ~ <(~ 3i d '" ,..: 0:::"- l=!~ (/)~ <( () Z <( ...J . 0::: Cl 8 g PIN 8-14-128-~1 #1013 CYPRESS DR, LOT 69 PIN 8-14-128-020 #1012 LANCASTER AVE. REVISED JANUARY 31, 2007 AS PER ORDER #2007-07729 [RGB] REVISED DECEMBER 18, 2006 AS PER ORDER #2006-07435 [KJK] ORlI:RED sy. CATHY SCHIRO ADDRESS: 20 fT. WAl~W"'Y lET. 1011.13 CYf'REss/IOIO-12 lAMCASTEI ICliECKEO: I DRAWN: JB KJII. VILLAGE PRESIDENT - VILLAGE CLERK CERTIFICATE State of Illinois ) County of )ss VILLAGE COLLECTOR CERTIFICATE State of Illinois ) County of )ss State of Illinois) County of Cook )ss 'a GREMLEY & BIEDERMANN Approved by the President and Board of Trustees of the Village Of Mount Prospect, Illinois This _Day of AD.20_. By: I find no deferred installments of outstanding unpaid special assessments due against any of the land included in the above plat. I, , a Professional Illinois land Surveyor, do hereby certify that I have prepared the plat hereor drawn from previous plats and records for purposes of vacating the same as shown on the plat hereon drawn. Dimensions are shown in feet and decimal parts thereof. Dated: ,AD.20_. Dated: President Allest: By: Village Clerk Village Collector Village of Mount Prospect, Illinois Professional Illinois Land Surveyor # My license expires November 30, 2008. IICIuBO'. RBIIV'IIDJ'VUgO. BfING A RESU80lVISlON or LOTS 56, 57, 68. 69 AND THE 20 FOOT VACATED WALKWAY. ADJOINING SAID LOTS, IN WINDSOR ESTATES, A SUBOl\llSlON Of PART OF THE M:Sl HAlf or SECltON 14, TOWNSHIP 41 NORTH, RANGE 1\, [AST Of THE THIRD PRINCIPAL MERIDI....N. IN COOK COUNTY, ILLINOIS. :~ -226:.00~ ---- _ _ _ _ _ _1_ - --- _~~'~3~~'_~ ___ ~_~O ..:-~~Rj~A~ _ U!I~T~:':A.:[~[~T_-=-~ _ ___~C.:~~ __ _ _ _ _ _ -1- _ _ __ ___ __ r. 1 " 1 2 1 1 'l: 1 I, ':! I 1 iJi 1 I'" ~ I : ~ : I ~ U I : : I PIN 8-14-128-008 1 1 PIN 8-14-128-019 i1I ~ I #1011 CYPRESS DR : : #1010 LANCASTER AVE. I ~ ~ I LOT 2 :: LOT 3 I ~ t:: I 1'-'1 <-i'" j: u : I ~ g I go~~ :~:st. : ~: 90~O~ :~~:st I ~ U :; : LJ I :)N : I I :--- : I SET CROSS NO'~ r - - - i -- - ~.:::,- - - - -1- -l~ - - - -:J;,:o ~T~[o-W:'WA'~I - ~ - I 2.DO"W" 10.00" __ 1 ""';00' 20.0 FT. [ASEMtrNl fOR PUBLIC rTlUm::s &: DRAINAGE .. - ... N89'S9' 7"[ . l'l 589'59'S7"W I ~T RON f'Wl'[ -1'3.0:~ w 00' ~ 0/1) ~:SL~~J~~\.I t I .f~_:~O rT vACArro WAlI<WAY I AI l'Il'OPEiltTY CORNEll 589"59'57 W' I ! ---r ----- --'OLlfOIftON-~ -:---~ -----~l---l I ISO.ln."r : I ~ : : ~ :< I 1 1 I':! ~ I PIN 8-14-128-007 1 1 PIN 8-14-128-020 " ~ #1013 CYPRESS DR. : : #1012 LANCASTER AVE. I ~ ~ I I '~~\:, :: I.Y:"' I ~ \1 I LOT 1 :: LOT 4 I ~ ~ I CJo~ :ir~~~' :: CJo~: :~e:t. I i t I : ~ : I t g I : ~ : I g LJ : ~ : u I !---J <aloo ... _ I ---------l------~~1~1i------.~~~~D!~~- ~~~~:~~~;~-----~~1~d-------I--------- CONClfUE ~JlN~~J \ ....226 20 I , o ~ l':~= I S89'59~57"W 1 "-I 1 1 , 1 1 1 1 1 1 1 1 f~ bJ') ~i ~ ~l~f~i~ ;\ ~8 P,,; 8aa Z I ~ ~ ~ - - - - - - - - -I~ - - - - - - - - - - - - - - - -_ 8~ ~p aa8 I ~ ~RE:T MONlINEtlT -f'OUNO IRON PlPE AT PfIOPERTYCQIUl[R I 1 I 1 I 1 ~ I I OUtlOIRONPlPt:10o'N ., 0fdJNE EIl1l:Hll'ED J.-.. r-ETCROSS"OTQl2001:I~. ., ONtJtl[ [)(TENDfl) " 10 Ie 1 I I 8~ ..;p aa~ I .uoo~ ORDINANCE NO. AN ORDINANCE VACATING CERTAIN PROPERTY (PUBLIC RIGHT-OF-WAY) OWNED BY THE VILLAGE OF MOUNT PROSPECT LOCATED ADJACENT TO 1011 CYPRESS DRIVE, 1013 CYPRESS DRIVE, 1010 LANCASTER STREET AND 1012 LANCASTER STREET, MOUNT PROSPECT, ILLINOIS WHEREAS, the Corporate Authorities of the Village of Mount Prospect have determined that the best interests of the Village of Mount Prospect would be served by vacating that portion of right-of-way, as shown on Exhibit "A" attached hereto and made a part of this Ordinance, generally located between the subject properties at Cypress Drive and Lancaster Street, Mount Prospect, Illinois; and WHEREAS, the public right-of-way being the subject of this Ordinance shall benefit adjacent property owners; and WHEREAS, the Corporate Authorities of the Village of Mount Prospect have determined that the Village of Mount Prospect has no need for that portion of right-of-way being the subject of this Ordinance, and that the best interests of the Village will be served by vacation. NOW, THEREFORE, BE IT ORDAINED, BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That the vacation of the public right-of-way is hereby granted for the property legally described in Exhibit "A", and the Plat of Vacation attached to this Ordinance as Exhibit "A" is hereby approved for appropriate execution and recording. Such Plat and its legal description are incorporated into, and made a part of, this Ordinance. SECTION TWO: That the President and Clerk of the Village are hereby authorized and directed to sign said Plat of Vacation on behalf of the Village. SECTION THREE: That the Village Clerk is hereby directed to take the necessary steps to record a certified copy of this Ordinance and the attached plat with the Cook County Reorder of Deeds. SECTION THREE: 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. AYES: NAYS: ABSENT: PASSED AND APPROVED this day of July, 2007. IrvC::lna K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H :\CLKO\files\ WI N\ORDI NANC\vacationcypressandlancasterjuly2007. doc A \ RESOLUTION NO. A RESOLUTION APPROVING A FINAL PLAT OF RESUBDIVISION FOR PROPERTY LOCATED A T1 011 CYPRESS DRIVE, 1013 CYPRESS DRIVE, 1010 LANCASTER STREET AND 1012 LANCASTER STREET. MOUNT PROSPECT. ILLINOIS WHEREAS, Michael and Cathleen Schiro ("Petitioner") has requested approval of a Final Plat of Resubdivision for the purpose of consolidating public right-of-way vacated by the Village of Mount Prospect with the adjacent properties located at 1011 Cypress Drive, 1013 Cypress Drive, 1010 Lancaster Street and 1012 Lancaster Street ("Subject Properties"); and WHEREAS, the Planning and Zoning Commission has recommended approval of the resubdivision. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the consolidation of the vacated public right-of-way with the ("Subject Properties") is hereby granted and the Final Plat of Resubdivision attached to this Resolution as Exhibit "A" is hereby approved for appropriate execution and recording. Such Plat and its legal description are incorporated into, and made a part of, this Resolution. SECTION TWO: That the Village Clerk is hereby authorized and directed to record a certified copy of this Resolution with the Recorder of Deeds of Cook County. SECTION THREE: This Resolution shall be in full force and effect from and after its adoption, approval and publication in pamphlet form as provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this th day of July, 2007. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:ICLKOIfilesIWINIRESIPlat ResubConsolcypressandlancasterjuly2007.doc Village of Mount Prospect Community Development Department Mount Prospect MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JULY 13, 2007 SUBJECT: PZ-15-07 -1) REZONE FROM 11 TO R4 MULTI-FAMILY, 2) CONDITIONAL USE FOR A PLANNED UNIT DEVELOPMENT 701 E. PROSPECT AVE. STRUCTURES CONSTRUCTION LLC, TIM LOUCOPOULOS - APPLICANT The Planning & Zoning Commission transmits their recommendation to approve Case PZ-15-07, a request to 1) rezone the Subject Property from 11 Limited Industrial to R4 Multi-Family, and 2) approval of a Conditional Use permit for a Planned Unit Development, as described in the attached staff report. The Planning & Zoning Commission heard the request at the June 28, 2007 meeting. The Subject Property is located at the intersection of Prospect Ave. and Edward Street, and currently contains a vacant industrial office/warehouse building with related improvements. The Petitioner's proposal includes the demolition of the existing building and the redevelopment of the site as a 12-unit rowhome development. The development would consist of (3) groups of 4-unit buildings and the proposed site plan indicates that the buildings will be located 12' from the Prospect Avenue property line, 10' from the Edward Street property line, and approximately 9' from the rear (alley) lot line. The Planning & Zoning Commission discussed the request at length. They noted that the type of housing, rowhomes, is an appropriate transitional use between the multifamily to the west and the single family to the east. Several neighbors presented concerns that visitor parking would become an issue, that the buildings were too tall, and that the proposed setbacks would limit their ability to access their property as they currently use the on-site parking spaces when parking in their garages. The Commissioners clarified that the project exceeds the Village's parking requirements and that the neighbors have the option of working with the Village's Safety Commission to evaluate the current parking situation. The Planning & Zoning Commission voted 5-0 to recommend that the Village Board approve 1) a Map Amendment to rezone the property from 11 Limited Industrial to R4 Multi-family Residence; and 2) a Conditional Use permit for a 12-unit row home Planned Unit Development subject to the conditions listed in the Staff Report for the property located at 701 E. Prospect Ave., Case No. PZ-15-07. Please forward this memorandum and attachments to the Village Board for their review and consideration at their July 17,2007 meeting. Staff will be present to answer any questions related to this matter. ij~- ~ William J. .. ooney, Jr., ICP H:\PLAN\Plannillg & Zoning COMM\P&Z 2007\MEJ Memos\PZ-15-07 ME) MEMO (701 E Prospect).doc MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-15-07 Hearing Date: June 28, 2007 PROPERTY ADDRESS: 701 E. Prospect Avenue PETITIONER: Structures Construction LLC / Tim Loucopoulos PUBLICATION DATE: May 9, 2007 PIN NUMBER: 08-12-428-004-0000 REQUEST: 1) Rezone from 11 Limited Industrial to R4 Multi-Family 2) Conditional Use for a Planned Unit Development MEMBERS PRESENT: Richard Rogers, Chairperson Leo Floros Marlys Haaland Mary McCabe Ronald Roberts MEMBERS ABSENT: Joseph Donnelly Keith Youngquist STAFF MEMBERS PRESENT: Judith Connolly, AICP, Senior Planner Ellen Divita, Deputy Director of Community Development Jason Zawila, Long Range Planner INTERESTED PARTIES: George Wiedemann, Rodger Kruse, Steve Hautzinger, Tim Loucopoulos, Mark Hopkins, Tom Manion, Helen Lenz, Myroslava Lenz, Matt Bradley Chairman Richard Rogers called the meeting to order at 7:37 p.m. Marlys Haaland moved to approve the minutes of the May 24, 2007 meeting and Ronald Roberts seconded the motion. The minutes were approved 5-0. After hearing six previous cases, Chairman Rogers introduced Case PZ-15-07, a request for Rezoning from 11 to R4 and a Conditional Use for a Planned Unit Development at 701 East Prospect Avenue, at 8:32 p.m. Judy Connolly, Senior Planner, stated that the Subject Property is located at the intersection of Prospect Avenue and Edward Street, and currently contains a vacant industrial office/warehouse building with related improvements. The Subject Property is zoned 11 Limited Industrial and is bordered by the Rl Single Family District to the east, R3 Low Density Residential to the south, and R4 Multi-family to the west. Ms. Connolly said the Petitioner's proposal includes the demolition of the existing building and the redevelopment ofthe site as a 12-unit rowhome development. The Subject Property is currently zoned 11 Limited Industrial, and the Petitioner is requesting approval to rezone the Subject Property to R4 Multi-family. The R4 district allows a maximum density of 16 dwelling units per acre for multi-family developments. She said the Petitioner's proposal includes a density of 13 units per acre (12 units/0.92 acres), which falls below the maximum density permitted within the R4 District. Ms. Connolly stated that in addition to the requested rezoning, the Petitioner is also requesting approval of a Conditional Use permit for a Planned Unit Development (PUD) for the rowhome development. This request is due to the Village Code's requirement that two or more multi-family residential buildings may be located on the Richard Rogers, Chairman Planning & Zoning Commission Meeting June 28, 2007 PZ-15-07 Page 2 same zoning lot only as part of an approved PUD. The PUD process also allows for unified zoning control over the entire development, which would require formal Village approval if any modifications to the development are proposed in the future. Ms. Connolly showed a site plan illustrating the proposed layout for the 12-unit rowhome development. The development would consist of three groups of 4-unit buildings: one group would have frontage along Prospect A venue, the second group would have frontage along Edward Street, and the third group would be accessed from the existing alley, but have frontage to an interior courtyard area. Each of the rowhome units would have a separate entrance, a two-car garage, and a two-car driveway. She said the pavement width of the access aisle/driveway throughout the development is 22-feet and allows for 2-way traffic throughout the development, although the Village Code requires a 24-foot width for 2-way traffic. Ms. Connolly stated that the proposed site plan indicates that the buildings will be located 12-feet from the Prospect Avenue property line, 10-feet from the Edward Street property line, and approximately 9-feet from the alley lot line. She showed a table listing the Bulk Regulations for the R4 District and showed that all of the proposed setbacks require relief from the R4 Bulk Regulations. Ms. Connolly stated that the Petitioner's site plan indicates that the project would have approximately 49.9% lot coverage, which is below the 50% limitation. The project is subject to all development requirements as detailed in Sec. 15.402 of the Village Code. Ms. Connolly showed elevations indicating the architectural composition of the rowhomes. The units are 3-story rowhomes, with attached rear loading garages on the first floor, and a deck above it. She said each building will have a flat roof, but the height of the roofline will vary for each individual unit, and the end units include a turret. The overall average height of the buildings is 36-feet, 4-inches and requires relief from the Zoning Ordinance as the height limitation in the R4 District is 34-feet from the mid-point of the roof. The building materials for the exterior elevations will consist of stone, and two different types of brick as well as decorative trim. Ms. Connolly stated that in response to Staff comments, the Petitioner prepared a turn radius plan showing that vehicles can access all of the garages. The Petitioner took a field measurement and confirmed a 20-foot wide alley width, which meets the Fire Department's requirement for access. Currently, there are utilities that would block access to the rear garages, and plans to relocate the utilities will be reviewed as part of the Building permit process. Ms. Connolly said the Petitioner's proposal indicates that there will be at least two types of floor plans for the rowhomes. Each unit would include at least 3 bedrooms plus a bonus room, which could be converted to a bedroom or an office. She stated that the Village Code requires 2 Y2 parking spaces per dwelling unit for multiple-family dwellings containing 3 bedrooms or more. The Petitioner's proposal contains a 2-car garage plus two driveway parking spaces per unit. In addition, the Petitioner's plans indicate 15 on-street parking spaces are available along the south side of Prospect Ave. and the west side of Edward Street. However, the on-street spaces are not available for overnight parking. Ms. Connolly said the Petitioner's landscape plan indicates that a variety of new landscaping materials will be planted throughout the development. The plan was revised to reflect a 5-foot fence along the west lot line, which complies with the minimum fence height limitation. Ms. Connolly said the property is located along a collector street and it is adjacent to an apartment complex, townhomes, and single family residences. The recently updated Comprehensive Land Use Map designates the subject properties as Multi-family Residential, which allows for the R4 zoning district. She stated, as previously noted, the proposal does not comply with the R4 Bulk Regulations and requires relief from the Code. Richard Rogers, Chairman Planning & Zoning Commission Meeting June 28, 2007 PZ-15-07 Page 3 Ms. Connolly stated that the standards for Map Amendments are listed in Section l4.203.D.8.a of the Village Zoning Ordinance. When a Map Amendment is proposed, the Planning and Zoning Commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following matters: · The compatibility with existing uses and zoning classifications of property within the general area of the property in question; . The compatibility of the surrounding property with the permitted uses listed in the proposed zoning classification; . The suitability of the property in question to the uses permitted under the existing and proposed zoning classifications; and . Consistency with the trend of development in the general area of the property in question, and the objectives of the current Comprehensive Plan for the Village. Ms. Connolly said the Subject Property is adjacent to an existing townhome development, a multi-family apartment building, and across the street from single-family residences. It would be consistent with recent developments approved in the Village and it would be an appropriate use for the Subject Property. She said the proposal meets the standards for a Map Amendment because it is compatible with existing properties within the general area ofthe Subject Property. Ms. Connolly stated that the standards for approving a Planned Unit Development are listed in Section 14.504 of the Village Zoning Ordinance. The section contains specific findings that must be made in order to approve a Planned Unit Development. These standards relate to: . The proposed development complies with the regulations of the district or districts in which it is to be located; . The principal use in the proposed planned unit development is consistent with the recommendations of the comprehensive plan of the village for the area containing the subject site; . That the proposed planned unit development is in the public interest and is consistent with the purposes of this zoning ordinance. . That the streets have been designed to avoid inconvenient or unsafe access to the planned unit development and for the surrounding neighborhood; and that the development does not create an excessive burden on public parks, recreation areas, schools, and other public facilities which serve or are proposed to serve the planned unit development. She said the proposal is consistent with the recently updated Village's Comprehensive Land Use Map. Also, the rowhomes are in keeping with previously approved redevelopment projects in the downtown area of the Village. Although the proposal does not comply with the R4 Zoning District regulations, the project location is in close proximity to the B5 District and the proposal has similar setbacks as other recently approved rowhome developments. However, it is unclear how the project creates a public benefit as noted in Sec. 14.501; she stated that previously approved PUD projects included off-site improvements when it was not possible to provide an on- site amenity. She said there are many options available to the developer. Ms. Connolly stated that the proposed Map Amendment and Conditional Use requests meet the standards for each request as listed in the Zoning Ordinance. Based on these findings, Staff recommends that the Planning & Zoning Commission approve the following motion: Richard Rogers, Chairman Planning & Zoning Commission Meeting June 28, 2007 PZ-15-07 Page 4 "To approve: I) a Map Amendment to rezone the property from II Limited Industrial to R4 Multi-family Residence; 2) a Conditional Use permit for a 12-unit rowhome Planned Unit Development subject to the following: A. Prior to Village Board review, the Petitioner shall: 1. prepare and submit a turning radius plan; [met] 2. update the Site Plan to note the actual alley width; [met] 3. identify the public benefit as noted in Sec. 14.501; B. Variation approval to allow: 1. 12' Front yard 2. 8' Interior side yard 3. 10' Exterior side yard 4. 9' Rear yard 5. 22' Drive aisle width 6. 36'4" :!: Building Height C. Development of the site in general conformance with the site plan and landscape prepared by HKM Architects and Planners, revision date June 8, 2007. D. Development of the units in general conformance with the floor plans prepared by HKM Architects and Planners, revision date June 8,2007; E. Development of the elevations in general conformance with the plans prepared by HKM Architects and Planners, revision date June 8,2007; F. Prior to issuance of a Building Permit, the Petitioner shall submit a lighting plan that complies with the Village's lighting regulations for the lighting within the development; G. Prior to obtaining the first Certificate of Occupancy, the Petitioner must submit homeowner's association documents for Staff review and approval that include text stating on-street over night parking is prohibited; H. The Petitioner shall construct all units according to all Village Codes and regulations, including, but not limited to: the installation of automatic fire sprinklers, fire hydrants and roads must be located and constructed according to Development and Fire Code standards; and I. The alley and rear drive will be a dedicated 20-foot Fire Lane." Ms. Connolly stated that the Village Board's decision is final for this case, 701 E. Prospect Avenue, Case Number PZ-15-07. Chairman Rogers asked why the project is being recommended for approval when none of the setback requirements have been meet. Ms. Connolly stated that this project is very similar to and consistent with other Richard Rogers, Chairman Planning & Zoning Commission Meeting June 28, 2007 PZ-15-07 Page 5 rowhome products in the area and due to its proximity to the B5 District, which has no setback requirements, Staff felt this project fit into the area. Mary McCabe asked what the lot coverage requirement is in the 11 District. Ms. Connolly said the 11 District has a 75% lot coverage requirement. The Subject Property currently is close to 90% lot coverage and the proposed project will take it down to less than 50%. Leo Floros asked if the Fire Department has signed off on this project. Ms. Connolly confirmed the Fire Department approval, subject to the conditions listed in the staff report. Chairman Rogers swore Mark Hopkins of HKM Architects at 43 South Vail Street, Arlington Heights, Illinois. Mr. Hopkins thanked Staff for a thorough presentation. He stated he would like to focus his presentation on some of the design concepts of the project. He showed exhibits displaying the traditional style of the brownstone-style rowhomes. He explained that several of the mature trees on the property will be maintained in the proposed project. The open space indicated on the exhibits are added greenspace to decrease lot coverage. He gave a brief overview of the floor plans for the three-story units. He showed elevations and gave a summary of the proposed building materials. Chairman Rogers stated that he likes the project and it is a good mix that will fit into the development of the downtown. He asked for clarification on the materials being used to face the turrets. Mr. Hopkins stated that the material is a cementitious hardy board. Chairman Rogers asked if the roofing over the entry ways are shingle- roofs. Mr. Hopkins confirmed the entrances have shingle-roofs. Chairman Rogers asked for clarification on the existing trees in the landscape plan. Mr. Hopkins stated those trees are currently located in the parking lot in landscape plots. Leo Floros asked who the target market is for these townhomes. Mr. Hopkins said they will be geared at young professionals and empty-nesters that are willing to climb stairs. Mr. Floros asked what the price range is on the units. Mr. Hopkins stated that pricing will start in the mid-$500,000 range. Mr. Floros asked if the new median being placed on Prospect Avenue will affect the parking at the townhomes. Ms. Connolly stated that the Engineering Division indicated there is currently no intention to extend the median plantings that far down Prospect Avenue. Ronald Roberts asked if the current building is vacant and how long it has been vacant. Chairman Rogers swore in Tim Loucopoulos, owner of 701 East Prospect Avenue, Mount Prospect, Illinois. Mr. Loucopoulos stated that the building has been vacant for nearly two years. There was general discussion regarding previous tenants. Mr. Loucopoulos said they have owned the property for six months and could not confirm previous occupants or tenants. Marlys Haaland stated that the project is very appealing and will make a nice addition to the downtown. Mr. Roberts concurred. Mary McCabe said that the existing building has an industrial appearance and does not fit into the character of the neighborhood; the proposed rowhomes will fit into the area. Ms. Connolly asked the Petitioner to clarify where the HVAC units will be located. Mr. Hopkins said the condensers will be located on the roof, behind the parapets. Mr. Roberts asked if any of the condensers would be visible from the street; Mr. Hopkins stated that the condensers would be concealed by the parapets and would not be visible from the street or sidewalk. Richard Rogers, Chairman Planning & Zoning Commission Meeting June 28, 2007 PZ-15-07 Page 6 Chairman Rogers called for questions or comments from the audience. Chairman Rogers swore in George Wiedemann of 801 E. Prospect Avenue, Mount Prospect, Illinois. Mr. Wiedemann said he understands that this comer does need to be redeveloped and agrees that townhomes are most likely the best fit for the property. He does not agree with the proposed 10-foot setback along Edward Street. He stated that this development, with the proposed setbacks, does not fit in with character of the neighborhood. He also said the height of this project is out of character with the neighborhood. He offered suggestions to the Petitioner on ways to address these concerns. Mr. Wiedemann also indicated that he has concerns that the Staff memo was unable to identify the public benefit of this project as sited in Village Code Section 14.501 and would like more information regarding this requirement. He stated that he is also concerned with the parking for the proposed development. He is concerned that the new parking lot entrances and the on-street parking will create a blind spot and that the additional traffic volume will be more than the neighborhood streets and alley's can handle. There was general discussion regarding the parking in the area. Mr. Wiedemann concluded by stating that unless the setbacks is changed to 25-feet along Edward Street and the parking concerns are addressed, he would like to see the Commission vote "no" on this project. Chairman Rogers swore in Thomas Manion of 501 S. Edward Street, Mount Prospect, Illinois. Mr. Manion stated he has similar concerns regarding the parking in the neighborhood. He said he had been on a committee when the neighborhood had issues with the DMS building. He stated that he does not feel the parking issue has been fully addressed; he would like to see "No Parking" signs posted in front of some of the single family homes. Chairman Rogers clarified that the project is providing more parking per unit without including the on-street parking than the Code requires. Mr. Manion said he does not want additional parking conflicts to start in the neighborhood. Chairman Rogers swore in Rodger Kruse of 515 South Louis Street, Mount Prospect, Illinois. Mr. Kruse stated he is not in favor of the proposed setbacks of the project, but parking is a nightmare in the neighborhood and he is most concerned about the parking. He stated in the morning there are 15 cars parked on Sha Bonee Trail, creating a one-lane situation. Chairman Rogers asked who is parking in the street; Mr. Kruse stated that it is the residents of the Sha Bonee condos. Chairman Rogers swore in Matt Bradley of 714 East Sha Bonee Trail, Mount Prospect, Illinois. Mr. Bradley said his driveway exits into the alley directly across from the proposed townhome. He said his vehicle requires a wide turning radius and he currently uses the parking lot to assist in turning his vehicle. He stated the proposed driveways will make the turn radius into his garage a tight turn. Chairman Rogers swore in Myroslava Lenz 420 South Edward Street, Mount Prospect, Illinois. Ms. Lenz stated she lives directly behind the entrance of the proposed townhomes. She is concerned that the project will add a lot of traffic. Chairman Rogers asked if they have adequate parking for their tenants. Ms. Lenz confirmed there is enough parking, but she is worried about the traffic increase in the alley and added difficulty to snow removal. She also asked how the refuse collection would be handled for the new development. Chairman Rogers deferred to Mr. Hopkins to address resident concerns. Mr. Hopkins stated the 10-foot setback is required to maintain the aesthetics of the project and keep the relationship with stairs and the sidewalk. He said they had explored the idea of moving the units back, but that would require the garages being moved to face Edward Street. Mr. Hopkins said pushing the units back would increase lot coverage and would not fit on the lot as well. Mr. R()b~t1s stated if the units on Edward Street were pushed back, there would not be adequate room to maneuver cars in and out of the garages. There was general discussion regarding setbacks and configuration of the project. Mr. Hopkins said from a planning standpoint, this layout is very similar to other suburban-center developments. He said this is a nice transition from urban center of Mount Prospect to the suburban neighborhood aspect of Mount Prospect. Richard Rogers, Chairman Planning & Zoning Commission Meeting June 28, 2007 PZ-15-07 Page 7 Mr. Hopkins stated that garbage cans will be stored inside the garages and the trash collector will pull the truck into the development's driveway to collect the refuse. Chairman Rogers called for additional questions or comments. Hearing none, the Public Hearing was closed at 9:28 p.m. Leo Floros made a motion to approve Case Number PZ-15-07 granting rezoning and a Conditional Use at 701 East Prospect Avenue. Mary McCabe seconded the motion. Chairman Rogers stated that he sees the benefit of having this type of transitional space between the downtown area and the single family residence and understands that residents don't necessarily want this in their backyard, but it has to occur somewhere, and this project is attractive and fits into the character of the neighborhood. He said this project will not resolve the existing parking situation, but the Planning and Zoning Commission does not have control over parking regulations. He stated that the parking issue would need to be brought to the Village's attention and handled in the proper manner. Mr. Floros stated that he prefers this design to having the garages in front of the properties. He also said he would like Staff to take note of the residents concerns regarding the parking along Edward Street and pass that along to the Village Board. Ms. Connolly stated that she already directed Mr. Wiedemann to speak to Matt Lawrie, Village Traffic Engineer, regarding his parking concerns. There was general discussion regarding the overnight parking in the neighborhood. Chairman Rogers stated that the Petitioner understands there are conditions attached to this approval and the Petitioner concurred. UPON ROLL CALL: AYES: Floros, Haaland, McCabe, Roberts, Rogers NAYS: None Motion was approved 5-0. After hearing three additional cases, Ronald Roberts made a motion to adjourn at 11 :04 p.m., seconded by Mary McCabe. The motion was approved by a voice vote and the meeting was adjourned. H:\PLAN\Planning & Zoning COMM\P&Z 2007\Minutes\PZ-IS-07 701 E. Prospect.doc Village of Mount Prospect Community Development Department CASE SUMMARY - PZ- 15-07 LOCATION: 701 E. Prospect Ave. PETITIONER: OWNER: PARCEL #: LOT SIZE: ZONING: LAND USE: REQUEST: Structures Construction LLC, Tim Loucopoulos Tim Loucopoulos 08-12-428-004-0000 0.92 acres I I Limited Industrial Office/warehouse building (vacant) 1) Rezone from II to R4 Multi-Family 2) Conditional Use for a Planned Unit Development LOCATION MAP III 6 c: Iii III .. III m o l III o ~ I i I t::CQIJNCILT~L_ I I ,---,- "I I , r , I MEMORANDUM Village of Mount Prospect Community Development Department TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION RICHARD ROGERS, CHAIRPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: JUNE 21,2007 HEARING DATE: JUNE 28, 2007 SUBJECT: PZ-15-07 - MAP AMENDMENT & CONDITIONAL USE (PUD ROWHOME DEVELOPMENT) 701 E. PROSPECT AVE. - STRUCTURES CONSTRUCTION LLC (APPLICANT) BACKGROUND A public hearing has been scheduled for the June 28, 2007 Planning & Zoning Commission meeting to review the application by Structures Construction LLC (the "Petitioner"), regarding the property located at 701 E. Prospect Ave. (the "Subject Property"). The Petitioner is seeking: 1) to rezone the Subject Property from II Limited Industrial to R4 Multi-Family, and 2) approval of a Conditional Use permit for a Planned Unit Development. The P&Z Commission hearing was properly noticed in the May 9, 2007 edition of the Journal Topics Newspaper. In addition, Staff has completed the required written notice to property owners within 250-feet and posted Public Hearing signs on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located at the intersection of Prospect Ave. and Edward Street, and currently contains a vacant industrial office/warehouse building with related improvements. The Subject Property is zoned II Limited Industrial and is bordered by the Rl Single Family District to the east, R3 Low Density Residential to the south, and R4 Multi-family to the west. The Metra rail road tracks are across Prospect Avenue, north of the Subject Property, and metered parking is currently available along .the north side of Prospect Avenue, and two hour parking is currently available on the south side of Prospect Ave., west of Edward Street. SUMMARY The Petitioner's proposal includes the demolition of the existing building and the redevelopment of the site as a 12-unit rowhome development. The various elements of the proposal are outlined below: Rezoning Request - As noted previously, the Subject Property is currently zoned II Limited Industrial, and the Petitioner is requesting approval to rezone the Subject Property to R4 Multi-family. The R4 district allows a maximum density of 16 dwelling units per acre for multi-family developments. The Petitioner's proposal includes a density of 13 units per acre (12 units/0.92 acres), which falls below the maximum density permitted within the R4 District. PZ-15-07 Planning & Zoning Commission meeting June 28, 2007 Page 3 Conditional Use for a Planned Unit Development - In addition to the requested rezoning, the Petitioner is also requesting approval of a Conditional Use permit for a Planned Unit Development for the rowhome development. This request is due to the Village Code's requirement that two or more multi-family residential buildings may be located on the same zoning lot only as part of an approved planned unit development (PUD). The PUD process also allows for unified zoning control over the entire development, which would require formal Village approval if any modifications to the development are proposed in the future. Site Plan - The attached site plan illustrates the proposed layout for the l2-unit rowhome development. The development would consist of (3) groups of 4-unit buildings: one group would have frontage along Prospect Ave., the second group would have frontage along Edward St., and the third group would be accessed from the existing alley, but have frontage to an interior courtyard area. Each of the rowhome units would have a separate entrance, a two-car garage, and a two-car driveway. The pavement width of the access aisle/driveway throughout the development is 22-feet and allows for 2-way traffic throughout the development, although the Village Code requires a 24-foot width for 2-way traffic. The proposed site plan indicates that the buildings will be located 12' from the Prospect Avenue property line, 10' from the Edward Street property line, and approximately 9' from the rear (alley) lot line. The following table lists the Bulk Regulations for the R4 District and shows that all of the proposed setbacks require relief from the R4 Bulk Regulations. R4 Re uirements 30 feet 10 ercent of lot width, or 10 feet, whichever is less 20 feet 25 feet Building Design - The enclosed elevations indicate the architectural composition of the rowhomes. The units are 3-story row homes, with attached rear loading garages on the first floor, and a deck above it. Each building will have a flat roof, but the height of the roofline will vary for each individual unit, and the end units include a turret. The overall average height of the buildings is 36'4" and requires relief from the Zoning Ordinance as the height limitation in the R4 District is 34' from the mid-point of the roof. The building materials for the exterior elevations will consist of stone, and two different types of brick as well as decorative trim. The Petitioner's Site Plan indicates wall mounted lights will be installed. This was called out in response to the Police Department's requirements. Also, the Crime Prevention Unit requires that the addresses be installed under the photocell light fixtures and that the front and rear of the units display the address. This will ensure optimal visibility/identification for emergency vehicles. Site Access - The Petitioner's plan shows that residents will access the development from the existing alley, off of Edward Street. The proposed access requires relocating the existing on-site utilities. A 22-foot wide drive aisle provides access to the rear-loading garages. Staff has concerns that access to/from a few of the garages may be difficult to negotiate due to the pavement width and garage location. Therefore, Staff recommends the Petitioner prepare a turning radius plan before the case is presented to the Village Board that illustrates vehicles can easily access all of the garages. Also, in order to comply with the Fire Department's requirements, the Petitioner shall take a field measurement and update the site plan to reflect a 20-foot wide alley width. Plans to relocate the utilities will be reviewed as part of the Building permit process. Parking - The Petitioner's proposal indicates that there will be at least two types of floor plans for the rowhomes. Each unit would include at least 3 bedrooms plus a bonus room, which could be converted to a bedroom or an office. The Village Code requires 2 12 parking spaces per dwelling unit (for multiple-family dwellings containing 3 bedrooms or more). The Petitioner's proposal contains a 2-car garage plus two driveway parking spaces per PZ-15-07 Planning & Zoning Commission meeting June 28, 2007 Page 4 unit. In addition, the Petitioner's plans indicate 15 on-street parking spaces are available along the south side of Prospect Ave. and the west side of Edward Street. However, the on-street spaces are not available for overnight parking. Lot Coverage - The Petitioner's site plan indicates that the project would have approximately 49.9% lot coverage, which is below the 50% limitation. The project is subject to all development requirements as detailed in Sec. 15.402 of the Village Code. Landscape Plan - The Petitioner's landscape plan indicates that a variety of new landscaping materials will be planted throughout the development. The landscape plan indicates that shade, ornamental, and evergreen trees will be the primary screening material around the perimeter of the Subject Property. Flowering shrubs and perennials will be installed along the foundation of the units. Also, the plan indicates that an 8-foot tall fence would be installed along the west lot line. However, the maximum fence height allowed between two residential properties is 5-feet; therefore the proposed fence will have to be modified to comply with the 5-foot height limitation. Engineering - The Petitioner submitted preliminary storm water detention plans as part of their initial submittal. However, the site is eligible to participate in the Village's 'fee in lieu of program (Sec. 16.606). The Petitioner is required to prepare site engineering plans as part of the Building permit process and Staff will review the plans at that time to confirm code compliance. COMPREHENSIVE PLAN DESIGNATION AND ZONING The property is located along a collector street and it is adjacent to an apartment complex, townhomes, and single family residences. The recently updated Comprehensive Land Use Map designates the subject properties as Multi-family Residential, which allows for the R4 zoning district. GENERAL ZONING COMPLIANCE As previously noted, the proposal does not comply with the R4 Bulk Regulations. The following table provides zoning district information for the property's proposed zoning classification and summarizes the proposed setbacks. R4 Zoning District Pro osed PZ-15-07 Planning & Zoning Commission meeting June 28,2007 Page 5 The following exhibit illustrates the existing setbacks for the adjacent properties. "'-, I '~~ I o'\>ll ".~ 28' front yard 8' side yard - bldg 3 units total _E.SI:IA.BONEETRL_ MAP AMENDMENT STANDARDS UI m tl i ;J:l o UI I~ I I 13 -- The standards for Map Amendments are listed in Section 14.203.D.8.a of the Village Zoning Ordinance. When a Map Amendment is proposed, the Planning and Zoning Commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following matters: · The compatibility with existing uses and zoning classifications of property within the general area of the property in question; · The compatibility of the surrounding property with the permitted uses listed in the proposed zoning classification; · The suitability of the property in question to the uses permitted under the existing and proposed zoning classifications; and · Consistency with the trend of development in the general area of the property in question, and the objectives of the current Comprehensive Plan for the Village. The Subject Property is adjacent to an existing townhome development, a multi-family apartment building, and across the street from single-family residences. It would be consistent with recent developments approved in the Village and it would be an appropriate use for the Subject Property. The proposal meets the standards for a Map Amendment because it is compatible with existing properties within the general area of the Subject Property. PZ-15-07 . Planning & Zoning Commission meeting June 28, 2007 Page 6 PLANNED UNIT DEVELOPMENT STANDARDS The standards for approving a Planned Unit Development are listed in Section 14.504 of the Village Zoning Ordinance. The section contains specific findings that must be made in order to approve a Planned Unit Development. These standards relate to: . The proposed development complies with the regulations of the district or districts in which it is to be located; . The principal use in the proposed planned unit development is consistent with the recommendations of the comprehensive plan of the village for the area containing the subject site; . That the proposed planned unit development is in the public interest and is consistent with the purposes. of this zoning ordinance. . That the streets have been designed to avoid inconvenient or unsafe access to the planned unit development and for the surrounding neighborhood; and that the development does not create an excessive burden on public parks, recreation areas, schools, and other public facilities which serve or are proposed to serve the planned unit development. The proposal is consistent with the recently updated Village's Comprehensive Land Use Map. Also, the row homes are in keeping with previously approved redevelopment projects in the downtown area of the Village. Although the proposal does not comply with the R4 Zoning District regulations, the project location is in close proximity to the B5 District and the proposal has similar setbacks as other recently approved row home developments. However, it is unclear how the project creates a public benefit as noted in Sec. 14.501. RECOMMENDATION The proposed Map Amendment and Conditional Use requests meet the standards for each request as listed in the Zoning Ordinance. Based on these findings, Staff recommends that the Planning & Zoning Commission approve the following motion: "To approve: 1) a Map Amendment to rezone the property from II Limited Industrial to R4 Multi-family Residence; 2) a Conditional Use permit for a 12-unit row home Planned Unit Development subject to the following: A. Prior to Village Board review, the Petitioner shall: a. prepare and submit a turning radius plan; b. update the Site Plan to note the actual alley width; c. identify the public benefit as noted in Sec. 14.501; B. Variation approval to allow: . 12' Front Yard . 8' Interior Yard . 10' Exterior Yard . 9' Rear Yard . 22' Drive Aisle . 36'4":!: Building Height PZ-15-07 Planning & Zoning Commission meeting June 28, 2007 Page 7 C. Development of the site in general conformance with the site plan and landscape prepared by HKM Architects + Planners, revision date June 8, 2007. D. Development of the units in general conformance with the floor plans prepared by HKM Architects + Planners, revision date June 8, 2007; E. Development of the elevations in general conformance with the site plan prepared by HKM Architects + Planners, revision date June 8, 2007; F. Prior to issuance of a Building Permit, the Petitioner shall submit a lighting plan that complies with the Village's lighting regulations for the lighting within the development; G. Prior to obtaining the first Certificate of Occupancy, the Petitioner must submit homeowner's association documents for Staff review and approval that include text stating on-street over night parking is prohibited; and H. The Petitioner shall construct all units according to all Village Codes and regulations, including, but not limited to: the installation of automatic fire sprinklers, fire hydrants and roads must be located and constructed according to Development and Fire Code standards." The Village Board's decision is final for this case, 701 E. Prospect Avenue, Case No. PZ-15-07. I concur: t~ k Ijrnc H:\PLAN\PJaMing ilL Zoning COMM\P&Z 2007\5tlrr Memo\PZ.1 S..o7 MEMO (70 I E Prospect Ave lownhomc projcct Rezone Conditional Usc).dlX: VILLAGE OF MOUNT PROSPECT Mount Prospect COMMUNITY DEVELOPMENT DEPARTMENT - Planning Division 50 S. Emerson Street Mount Prospect, Illinois 60056 Pnone 847-8] 8-5328 FAX 847-8] 8-5328 Map Amendment Request ~ ~ Z Case Nurnber fa P&Z .r- <'""" ~g o....~ ~.C;J Z15 -0 i<'-' ~ Q Z - Common Address(es) (Street Number, Street) 10' E. F~Spe~T AvE.. Site Area (Ac.) Current Zoning Proposed Zoning Total Building Sq. Ft. (Proposed) C' . '" "Z. Gt It f2 - + S'Z.. '16? 4- Proposed Development and Land Use Setbacks (Prop.) Front Rear Side Side I . . . i~ ~ 8 io Z Building Height Lot Coverage (%) # of Parking Spaces 0 55',Ie-" c;,t.. c, ~ 15 - I-< Tax J.D. Number or County Assigned Pin Number(s) < :; ( PI N) : 1:)& - I%.. 4'2.g - 00+ -0000 l::z:: 0 ~ Z - r.il Legal Description (attach additional sheets if necessary) r- - rn Sf;E po T T' I'c. ~ e:.o ~ H f..~T - - - Proposed Zoning Change ~- 4- Describe the Justification for the Proposed Map Amendment $6E! ~ ""IAG-~D S\At;ET Q ~ ..t; Or-l ;>0;' =:01 -(~ ~oo ~Z ;'0 Describe in Detail the Buildings and Activities Proposed (attach additional sheets if necessary) 00.... f-< U -( ~ ,. rrJ'C::-i4BO c? l~'" Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and completeness a1 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 ofthe property grant employees of the Village of Mount Prospect and their agents permission to enter on the property during reasonable hours for visual inspection ofthe subject property. I hereby affirm that all information provided herein and in all materials submitted in association with this.application are true and accurate to the best of my knowledge. /-:~ Date oy./P4/07 Applicant If applicant is not property owner: I hereby designate the applicant to act as my agent for the purpose of seeking the Variation{s) described in this application and the associated supporting material. Property Owner Date Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois 3 Phone 847.8] 8.5328 Fax 847.818.5329 TOO 847/392-6064 Map Amendment Request (attached additional sheet) Legal Description LOT 8 IN GLEICH'S INDUSTRIAL PARK, BEING A SUBDIVISION OF PART OF THE WEST % OF THE NORTHEAST ~ AND PART OF THE WEST % OF THE SOUTHEAST ~ OF SECTION12, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO PLAT THEREOF REGISTERED IN THE OFFICE OF THE REGISTRAR OF TITLES OF COOK COUNTY, ILLINOIS, ON AUGUST 6,1957, AS DOCUMENT 1752354. TOTAL NET AREA: 40,486.9 sa. FT. COMMONLY KNOWN AS: 701 PROSPECT AVENUE, MOUNT PROSPECT, ILLINOIS Describe the Justification for the Proposed Map Amendment The present 11 zoning no longer remains viable due to the nature and requirements of modern industrial facilities and no longer meets the following objectives as outlined by the Village of Mount Propect Comprehensive Plan (pages 8, 9, 11): · Orderly expansion of existing industrial area would be prohibited due to surrounding zoning and existing residential developments · The existing parcel does not necessarily exist in a concentrated area of similar or compatible use · Continued industrial use would potentially negatively impact neighboring land uses · The existing parcel does not necessarily exist near major transportation facilities · Not located in the village's identified desirable southwestern industrial area as outlined in the comprehensive plan An R4 change will be consistent with the surrounding existing zoning as the site is encompassed by B5 zoning from the North, R3 zoning from the South, R1 zoning from the East, and R4 from the West. Describe in Detail the Buildings and Activities Proposed The proposed three buildings shall be residential in nature. Each building shall be two and a half stories in height and composed of residential"row-homes" each separated by code required fire walls. Of the three buildings, the one along Prospect Avenue shall contain six row-homes, the building along Edward Street shall contain five row-homes, and the building running within the parcel along the alley shall contain four row-homes. In total among the three buildings there will be fifteen row-homes. The activities shall be typical of a residential use. VILLAGE OF MOUNT PROSPECT COMMUNITY DEVELOPMENT DEPARTMENT - Planning Division 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847.8] 8.5328 FAX 847.818.5329 Application for Conditional Use Approval Mount Prospect ~ Case Number P&Z - z o .... Eo- -(-- ~.~ Q:;= 00 ~ .~ Ze ....0 ><:'-" ~ Q Z .... Development Name/Address Date of Submission Hearing Date Address(es) (Street Number, Street) leol e. p~$ i"ecT AV G . Site Area (Acres) Property Zoning Total Building Sq. Ft. (Site) P~~z.q Pe:NPI tJ~ JZ.-4 ~"2 1,,4- Setbacks: Front a Rear a Side 2,' Side Z 1.,. , 0 ~ les - Eo- Building Height Lot Coverage (%) Number of Parking Spaces -( ~ !J!S'. I ~ I( ~,.r,. ~ 15 Q:; 0 Adjacent Land Uses: r.. North South East West Z - e>5 rz.3 rz.1 ~ rz4- Eo- Tax I.D. Number or County Assigned Pin Number(s) - rn Co' ( PUJ) : It:> ~ - I '2. - 4- -z,P-, - ~o 4- .. Ot::'oo Z - E-< rn - X ~ Legal Description (attach additional sheets if necessary) SIUi- ~AcIHi# slf1~r 2: Name Telephone (day) 0 TIM I-c:fJGcp~J L e:'$. ,., ~ -G<>t' r9~14- - 1-. <: Corporation Telephone (evening) ~ et:, ~~TV~~~Tfl-V~r(t::+J Lt.c. 1'~ -~t1 ~ ~b1+ o_ r.. s:: Street Address Fax 2: ~ - '- p..V e ~hJ 6 ~ 1Z-, S~3 -1 U:'~~ Qo. Z-'Z-lc:y W. 6t~I\ND 2: 0- ;:,<C City State Zip Code Email 01 ~ ?"l+l~a,o \l.. ~C/JI-z. ~ lvlLee, '1 ~ee 'U"1 e" ~ Interest in Property I U -( P INN efZ- I Pe;V e t.,e;re e. = ~ Name Telephone (day) 0 - 11M l-~J&c}p6J l-t:l~ 113 .c,,\,. t1~:l+ f-o < :;;1 Corporation Telephone (evening) ~ ~ o s:: t.. ~ "e-I e. r~5r~r ,4.~e~"e, L.L-C- 113> ~v l 1 . G\ ~ 1 4- ~o Q f' Street Address Fax: ~ 15- ,....J 0 ~z..l1 ~!iioT ~~).J p J1.-./6. ~ I 'Z.' SG?3" 4 ~ tt;, o .... ~o.. ~I City State Zip Code Email ~ U ~Id- t c..-Jt.& e> k, +k!a..te1vltee '1~~t!<(J .Ce-M '<I: ~t7~1 "2- i:C Developer f Name ~rz..J.c..nJ ~ ~ ~ ,...sr YLJ 6TleN. Telephone (day) '312" ~3,.~tJ~O Address ';t-z.l~ ~. 6rz..~t-JD />. V~ . Fax '31 Z. Sb~ .c:;.c;,.l ~ Ct-J t Co A&tP Ll.,.. c.,.&'u.12 Email ~f~r 1~~~+V'vdv(l,fc#lIGfr\lch,la1llc. ~ Attorney Name MAJZ.ltJo t A~~t~TE.G i p~ Telephone (day) '1~. U 4' ..QloCJ Address ~ ~\..o tJ. ~AILl,€M AJ€... Fax "3.~4 -q l q"2. U~. t'-- (;,tJ&3+ Email f. MAYlt1.t>i:JrtI4Je<;.(-A.Te.I"-K.J,,f.t.1ce. K t Surveyor fI. S'ie6 Go l /It.. T e:O ~ Name rile f~l~ ~^L 7./ ~v g\( Telephone (day) ~4-' "u."5 '~e1CC 0 - I f-o '" Address 1 L, t:> t..l . TfZ-1 P P ~.J6 Fax ~4i . ~,.S . "Z.1G.>1 <((;J :; 5 Cl:: ';;j \.. , t-J ce L-N W~t:> I 1(... ~; I "2- o~ ~ 0 Email ~ ... _0.. ~s:: Engineer ~ QJ ~ a Name M/li.rV H ~ fLD ~tJ"5Jt...-T I ~ LrD Telephone (day) C, ~(J .. ~ t '" ~StJ() o g. Cl::"O Address "1/~ PI tlL.e'( ~,. o. 5\.11 rEo 50 Fax I-' ;> ~~.~I~~SBS :::c QJ uCl \..OH ~ ~o lL- c....c l 4 ~ <(I !:Xl Email Architect Name I-I~ ~,.JC . Telephone (day): ~4-1' ~4' '2.'" q ~tt' Address 4-3 ~JTH .j ,.. \ '- ~V~ N U~ Fax ~ 4-, . -$t:f z ~ e:r t't:'4 "'~l..I rJ~r6N ,....e~ l,f rc;, \t, ~a:;5 Email Landscape Architect Name _lf~M :J:'t-JC. Telephone (day): ~4-,.,&:t'Z..qu~ Address 4- 2:>~... J'n4 "" I L.. "~.EtJvG Fax f,4-i. 3t12"1c~ ~ ~LI tJ6ir~N ltEl~riT-:;. h.. u;;tx7S Email Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois www.mountprospect.org 2 Phone 847.818.5328 Fax 847.818.5329 TOO 847.392.6064 Proposed Conditional Use (as listed in the zoning district) ~ ~ l?.e~ ... U ~,J Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Attached Standards for Conditional Use Approval (attach additional sheets if necessary) 5fiIL. tPlfk#-1iJ/ >" /-fh.,1i,;/ ~ I:;ol ...!n o roW ...;;l cz::O <roW ~cz:: ~~ ;;l0 00- f-o U < Hours of Operation r1Pl(:.,\l,... /Z.e'$\ oe NT I AL . 2. 1" ~JjZ.. use; I:;olz t:o 00- ~f-o roW < ~~ c..o 0... cz::z Q.,- Address(es} (Street Number, Street) 'e-l ~. r~~p~ ~~e Site Area (Acres) Property Zoning &I, '1 '2. c:; ~tvO UJ " Setbacks: Front f!.~ Rear -9' Side Side lo Building Height 35'- te-If Lot Coverage (%) c,1-.~ t1 ' ~ Number of Parking Spaces 1<:$ c '5 Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and completeness at the time of submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agents permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affinn that all information provided herein and in all materials submitted in association with this application are true and accurate to the best of my knowledge. Applicant /~ ~ 711 If applicant is not property owner: Date oYll16/07 I hereby designate the applicant to act as my agent for the purpose of seeking the Variation(s) described in this application and the associated supporting material. Property Owner Date Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois www.mountprospect.org 3 Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 Conditional Use Approval (attached additional sheet) Legal Description LOT 8 IN GLEICH'S INDUSTRIAL PARK, BEING A SUBDIVISION OF PART OF THE WEST Y2 OF THE NORTHEAST % AND PART OF THE WEST Y2 OF THE SOUTHEAST % OF SECTION12, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO PLAT THEREOF REGISTERED IN THE OFFICE OF THE REGISTRAR OF TITLES OF COOK COUNTY, ILLINOIS, ON AUGUST 6,1957, AS DOCUMENT 1752354. TOTAL NET AREA: 40,486.9 sa. FT. COMMONLY KNOWN AS: 701 PROSPECT AVENUE, MOUNT PROSPECT, ILLINOIS Describe in Detail the Buildings and Activities Proposed and How the Proposed Use meets the Attached Standards for Conditional Use The proposed three buildings shall be residential in nature. Each building shall be two and a half stories in height and composed of residential"row-homes" each separated by code required fire walls. Of the three buildings, the one along Prospect Avenue shall contain six row-homes, the building along Edward Street shall contain five row-homes, and the building running within the parcel along the alley shall contain four row-homes. In total among the three buildings there will be fifteen row-homes. The activities shall be typical of a residential use. As per the seven Standards for Conditional Use Approval, this application complies as follows: 1. The establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare 2. The conditional use will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes to be permitted, and should enhance property values within the neighborhood 3. The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted 4. As per the submittal adequate public utilities, access roads, drainage and lor necessary facilities will be provided 5. The elimination of two curb cuts ensures that adequate measures have been taken to provide ingress and egress to minimize traffic congestion 6. As per the Village's comprehensive plan the conditional use complies by a. Creating substantial common open space, via public right of way access and pass through and reduction of lot coverage from 80.7% to 62.6% for an increase in green space of 94%. b. Preservation of topographic and geographic features c. Maintains the predominant single-family image and character of the Village d. New multi-family along major streets, andlor adjoining existing multi-family development e. Should include distinctive landscaping and open space system as integral part of design f. Medium density should be located near major activity centers g. The development will reflect quality of design & construction 7. In all other respects the conditional use conforms with applicable regulations I ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE VILLAGE OF MOUNT PROSPECT FOR PROPERTY LOCATED AT 701 EAST PROSPECT AVENUE WHEREAS, Structures Development ("Petitioner), has filed an application to rezone certain property generally located at 701 East Prospect Avenue ("Subject Property'), and legally described as follows: Lot 8 in Gleich Industrial Park, being a subdivision of part of the West ~ of the Northeast X and part of the West ~ of the South East X of Section 12, Township 41 North, Range 11 East of the Third Principal Meridian, according to Plat thereof registered in the office of the Registrar of Titles of Cook County, Illinois on August 6, 1957 as Document 1752354. Property Index Number: 08-12-428-004-0000; and WHEREAS, the Petitioner has requested the Subject Property be rezoned from 1-1 (Limited Industrial) to R-4 (Multi-Family) District; and WHEREAS, a Public Hearing was held on the request for rezoning being the subject of PZ-15-07, before the Planning and Zoning Commission of the Village of Mount Prospect on the 28th day of June 2007, pursuant to due and proper notice thereof having been published in the Mount Prospect Journal & Topics on the 9th day of May, 2007; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendation to the President and Board of Trustees of the Village of Mount Prospect in support of the request being the subject of PZ-15-07; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have considered the request being the subject of PZ-15-07 and have determined that the best interests of the Village of Mount Prospect would be served by granting said request. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth hereinabove are incorporated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The Official Zoning Map of the Village of Mount Prospect, Illinois, as amended, is hereby further amended by reclassifying the property being the subject of this Ordinance from 1-1 (Light Industrial) to R-4 (Multi- Family) District. SECTION THREE: 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 July 2007. Irvana K. Wilks Mayor ATTEST: 1"'"""'\ M. Lisa Angell r L- Village Clerk t: - T H :\CLKO\files\WI N\ORDINANC\mapamendment70 1 EProspectA venuejuly2007 .doc ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIATION FOR PROPERTY LOCATED AT 701 EAST PROSPECT AVENUE WHEREAS, Structures Development ("Petitioner), has filed a petition for a Conditional Use permit in the nature of a Planned Unit Development and Variations with respect to property located at 701 East Prospect Avenue ("Subject Property") and legally described as follows: Lot 8 in Gleich Industrial Park, being a subdivision of part of the West Yz of the Northeast % and part of the West % of the South East % of Section 12, Township 41 North, Range 11 East of the Third Principal Meridian, according to Plat thereof registered in the office of the Registrar of Titles of Cook County, Illinois on August 6, 1957 as Document 1752354. Property Index Number: 08-12-428-004-0000; and WHEREAS, the Petitioner seeks to create a Planned Unit Development providing for the construction of a twelve-(12) unit row home development; and WHEREAS, a Public Hearing was held on the request for a Planned Unit Development, Conditional Use permit and Variations being the subject of Case No. PZ-15-07 before the Planning and Zoning Commission of the Village of Mount Prospect on the 28th day of June, 2007, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 9th day of May, 2007; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendation to the President and Board of Trustees of the Village of Mount Prospect in support of the request being the subject of PZ-15-07; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the requests herein and have determined that the requests meet the standards of the Village and that the granting of the proposed Conditional Use permit for a Planned Unit Development and Variations to allow the following set-backs; a twelve foot (12') front yard, an eight foot (8') interior side yard, a ten foot (10') exterior side yard, a nine foot (9') rear yard, a twenty-two foot (22') drive aisle width and thirty six foot and four inch (36'4") building height as shown on the attached "Exhibit A," would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF 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. SECTION TWO: That the Conditional Use Permit in the nature of a Planned Unit Development being the subject of this Ordinance is subject to the following conditions: A. Development of the site in general conformance with the site plan and landscape prepared by HKM Architects and Planners, revision dated June 8, 2007with the following set-backs: 1. 12' front yard 2. 8' interior side yard 3. 10' exterior side yard 4. 9' rear yard 5. 22' drive aisle width Page 2/3 PZ-15-07 6. 36'4" building height B. Development of the units in general conformance with the floor plans prepared by HKM Architects and Planners, revision dated June 8, 2007; C. Development of the elevations in general conformance with the site plan prepared by HKM Architects and Planners, revision dated June 8, 2007; D. Prior to issuance of a Building Permit, the Petitioner shall submit a lighting plan that complies with the Village's lighting regulations for the lighting within the development; E. Prior to obtaining the first Certificate of Occupancy, the Petitioner must submit homeowner's association documents for Staff review and approval that include text stating on-street over night parking is prohibited; and F. The Petitioner shall construct all units according to all Village Codes and regulations, including, but not limited to: the installation of automatic fire sprinklers, fire hydrants and roads must be located and constructed according to Development and Fire Code standards. G. The alley and rear drive will be a dedicated 20-foot Fire Lane. H. The Petitioner shall make a monetary donation of$10,OOO specifically earmarked for general park improvements at Lions Park at the completion of the proposed row home development to comply with the Village's Public Benefit requirement." SECTION THREE: The President and Board of Trustees of the Village of Mount Prospect do hereby grant approval of a Conditional Use permit and Variation as provided in Sections 14.203.F.7 & Sec. 14.203.C.7 of the Village Code, for a Planned Unit Development for a twelve (12) unit row home development, all as shown on the Site Plan revision dated June 8, 2007 a copy of which is attached hereto and hereby made a part hereof. SECTION FOUR: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FIVE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of July 2007. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\files\WIN\ORDINANC\C USE, V AR-701 eastprospectaveuejuly2007 .doc Village of Mount Prospect Community Development Department 1 Mount Prospect J MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JULY 13, 2007 SUBJECT: PZ-16-07 - 1) REZONE FROM RX SINGLE F AMIL Y TO R2 A IT ACHED INGLE F AMIL Y, 2) CONDITIONAL USE FOR A PLANNED UNIT DEVELOPMENT 401 E. KENSINGTON ROAD TERRA ARCHITECTS, INC. - APPLICANT The Planning & Zoning Commission transmits their recommendation to deny Case PZ-16-07, a request to 1) rezone the Subject Property from RX Single Family to R2 Attached Single Family, and 2) approval of a Conditional Use permit for a Planned Unit Development, as described in the attached staff report. The Planning & Zoning Commission heard the request at the June 28, 2007 meeting. The Subject Property is located on the south side of Kensington Road, between Rand Road and Wilshire Drive, and currently contains a vacant single family residence with related improvements. The Petitioner's proposal includes the demolition of the existing house and the redevelopment of the site as an II-unit townhome development. The development would consist of (2) clusters of townhomes: one cluster would have 6 units and the second cluster would have 5 units. Each of the townhome units would have a separate entrance, a front- loading two-car garage, and a two-car driveway. The proposed townhome site plan indicates that the western access point for the townhomes would extend to the adjacent lot of record, and the driveway would be located on the adjacent lot. Therefore, a cross access agreement and easement is required to ensure perpetual access for the proposed townhome development. The Planning & Zoning Commission discussed the request at length. They noted that the property owner cut down almost all of the trees before submitting redevelopment plans, which was unfortunate since some of the trees could have been saved. There was discussion about the front loading garages, and how the Kensington Road elevation would be garage doors and the nicer elevation would face away from the road. Several residents addressed the Commission and stated concerns that the trees were removed improperly and the project should include additional landscaping; drainage/water ponding is currently a problem for some properties and they questioned whether the townhome development would make the situation worse; and there was discussion about ownership of the property, and how the adjacent property would be developed now that the Conditional Use approval for the Taiwanese Community Center had expired. The Planning & Zoning Commission voted 5-0 to recommend that the Village Board deny 1) a Map Amendment to rezone the property from RX Single Family to R2 Attached Single Family; and 2) a Conditional Use permit for an II-unit townhome Planned Unit Development subject to the conditions listed in the Staff Report, for the property located at 401 E. Kensington Road, Case No. PZ-16-07, but the conditions modified to include: PZ-16-07 July 13, 2007 Page 2 1) at least 50% more landscaping than is required by Village Code along the Kensington Road frontage and includes year-round materials, Prior to Village Board review, the Property Owner shall pay all outstanding property maintenance fines and provide proof that the site will be maintained on a consistent basis. 2) The Petitioner is in the process of finalizing the Public Benefit, and it will be determined prior to Village Board review. Since the case is going to the Village Board with a negative recommendation, a super majority is required to approve the project. Please forward this memorandum and attachments to the Village Board for their review and consideration at their July 17, 2007 meeting. Staff will be present to answer any questions related to this matter. William J. H:IPLAN\Planning & Zoning COMM\P&Z 2007\ME! McmosIPZ-16'()7 ME! MEMO (401 E Kcnsington).doc MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-16-07 Hearing Date: June 28, 2007 PROPERTY ADDRESS: 401 E. Kensington PETITIONER: Terra Development Services PUBLICATION DATE: May 9, 2007 PIN NUMBER: 03-34-201-008-0000 REQUEST: 1) Rezone from RX Single Family to R2 Attached Single Family 2) Conditional Use for a Planned Unit Development MEMBERS PRESENT: Richard Rogers, Chairperson Joseph Donnelly Leo Floros Marlys Haaland Mary McCabe Ronald Roberts MEMBERS ABSENT: Joseph Donnelly Keith Youngquist STAFF MEMBERS PRESENT: Judith Connolly, AICP, Senior Planner Ellen Divita, Deputy Director of Community Development Jason Zawila, Long Range Planner INTERESTED PARTIES: Fred Biermann, Luella Biermann, Viola Ribando, Steve Polit, James Vivirito, Jeff Lee, Pamela Self, Tom Buckley, Dave Block, Bill Schneider, Chris Kim, H. Robert Reszke Chairman Richard Rogers called the meeting to order at 7:37 p.m. Marlys Haaland moved to approve the minutes of the May 24, 2007 meeting and Ronald Roberts seconded the motion. The minutes were approved 5-0. After hearing seven previous Cases, Chairman Rogers introduced Case PZ-16-07, a request for Rezoning from RX to R2 Attached Single Family and a Conditional Use for a Planned Unit Development at 401 East Kensington Road, at 9:28 p.m. Judy Connolly, Senior Planner, stated that the Subject Property is located on the south side of Kensington Road, between Rand Road and Wilshire Drive, and currently contains a vacant single family residence with related improvements. The Subject Property is zoned RX Single Family and is bordered by the B3 Community Shopping District to the west and north, and by the Rl Single Family District to the south and east. Ms. Connolly said the Petitioner's proposal includes the demolition of the existing building and the redevelopment of the site as an II-unit townhome development. The Subject Property is currently zoned RX Single Family, and the Petitioner is requesting approval to rezone the Subject Property to R2 Attached Single Family. The R2 district allows a maximum density of 10 dwelling units per acre for multi-family developments. The Petitioner's proposal includes a density of 5.5 units per acre, which falls below the maximum density permitted within the R2 District. Richard Rogers, Chairman Planning & Zoning Commission Meeting June 28, 2007 PZ-I6-07 Page 2 Ms. Connolly stated that in addition to the requested rezoning, the Petitioner is also requesting approval of a Conditional Use permit for a Planned Unit Development (PUD) for the townhome development. This request is due to the Village Code's requirement that two or more multi-family residential buildings may be located on the same zoning lot only as part of an approved PUD. She said the PUD process also allows for unified zoning control over the entire development, which would require formal Village approval if any modifications to the development are proposed in the future. Ms. Connolly showed a site plan illustrating the proposed layout for the II-unit townhome development. The development would consist of two clusters of townhomes: one cluster would have 6 units and the second cluster would have 5 units. Each of the townhome units would have a separate entrance, a front-loading two-car garage, and a two-car driveway. The units would be setback approximately 77-feet from the Kensington Road lot line. She said a 24-foot wide drive aisle would run parallel to Kensington Road, in front of the units, and there would be two driveways/access points from Kensington Road; a right-in, right-out for the eastern drive and full access for the western drive. Ms. Connolly stated that the lot west of the Subject Property is zoned B3 Community Shopping and is intended to retain its B3 zoning designation. The Village Board granted a Conditional Use permit to operate a Community Center for the lot west of the Subject Property. However, the facility was not built and the Conditional Use permit has since expired. She said the proposed townhome site plan indicates that the western access point for the townhomes would extend to the adjacent lot of record, and the driveway would be located on the adjacent lot. Therefore, a cross access agreement is required to ensure perpetual access for the proposed townhome development. Also, Staff recommends that the road and driveway on the adjacent lot to the west be configured and installed to accommodate vehicles from the anticipated drive aisle from the south. Ms. Connolly showed a table listing the Bulk Regulations for the R2 District and the table showed that the units comply with the R2 Bulk Regulations, but the guest parking spaces encroach into the required front yard. The Petitioner's site plan indicates that the project would have approximately 49.5% lot coverage, which is below the 50% limitation. The project is subject to all development requirements as detailed in Section 15.402 of the Village Code, which includes, but is not limited to providing storm water detention and street lights, if applicable. She then showed elevations indicating the architectural composition of the townhomes. The units are 2-stories tall, measure approximately 25-feet wide, and have 2-car front loading garages. The building materials for the exterior elevations consist of stone, brick and stucco for the second story. The units include an unfinished basement and a IO-foot x IO-foot deck located along the rear elevation ofthe building. Ms. Connolly said the Petitioner's proposal indicates that each unit would include 3 bedrooms on the second floor plus a den on the first floor. The Village Code requires 2 Yz parking spaces per dwelling unit. The Petitioner's proposal contains a 2-car garage plus two driveway parking spaces per unit. In addition, the Petitioner's plans indicate 11 guest parking spaces are available on-site. Ms. Connolly said the Petitioner's landscape plan indicates that a variety of shrubs, shade and evergreen trees will be planted along the perimeter of the Subject Property and the foundation of the buildings. The landscape plan indicates that deciduous shrubs and a IO-foot wide band of evergreen shrubs will be planted along the Kensington Road frontage to screen the guest parking. Since the garages also face Kensington Road, efforts must be made to screen the garages and enhance the view from the road; she said Staff recommends the landscape plan be modified accordingly. Also, any shrubs planted along the public sidewalk should be no taller than 36-inches, including berm height, to avoid creating sight obstructions for vehicles exiting onto Kensington Road. She said the plan indicates that a fence would be installed along the south and east lot line, but not along the west lot line. However, the fence material and height are not noted. The maximum fence height allowed between residential properties is 5-feet and the proposed fence would need to comply with the 5-foot height limitation. Staff suggests Richard Rogers, Chairman Planning & Zoning Commission Meeting June 28, 2007 PZ-16-07 Page 3 extending the fence along the west lot line, up to the front setback of the unit to screen the development from the adjacent driveway. Ms. Connolly stated that the Petitioner has submitted preliminary storm water detention plans and is working with the Village Engineer to arrive at a design that will comply with Village Code regulations. A final design is typically submitted as part of the Building Permit process, and this issue shall be addressed prior to permit submittal. It should be stressed that the proposed development will be subject to all development requirements, as detailed in Section 15.402 of the Village Code. Ms. Connolly said the property is located along an arterial street and it is adjacent to single family residences and commercial properties. The recently updated Comprehensive Land Use Map designates the Subject Property as Single Family Residential Development and allows for the R2 Zoning District. Ms. Connolly said, as previously noted, the proposal does not comply with the R2 Bulk Regulations because the guest parking encroaches into the front setback. She showed a table providing zoning district information for the property's proposed zoning classification and summarized the proposed setbacks. Ms. Connolly stated that the standards for Map Amendments are listed in Section 14.203.D.8.a of the Village Zoning Ordinance. When a Map Amendment is proposed, the Planning and Zoning Commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following matters: . The compatibility with existing uses and zoning classifications of property within the general area of the property in question; . The compatibility of the surrounding property with the permitted uses listed in the proposed zoning classification; . The suitability of the property in question to the uses permitted under the existing and proposed zoning classifications; and . Consistency with the trend of development in the general area ofthe property in question, and the objectives of the current Comprehensive Plan for the Village. Ms. Connolly said the Subject Property is adjacent to existing single family residential and commercial properties, and is across the street from the Randhurst Shopping Center. The proposed townhomes would be consistent with recent in-fill developments approved in the Village and it would be an appropriate transitional use for the Subject Property. The proposal meets the standards for a Map Amendment because it is compatible with existing properties within the general area of the Subject Property. Ms. Connolly stated that the standards for approving a Planned Unit Development are listed in Section 14.504 of the Village Zoning Ordinance. The section contains specific findings that must be made in order to approve a Planned Unit Development. These standards relate to: . The proposed development complies with the regulations of the district or districts in which it is to be located; . The principal use in the proposed planned unit development is consistent with the recommendations of the comprehensive plan ofthe village for the area containing the subject site; . That the proposed planned unit development is in the public interest and is consistent with the purposes of this zoning ordinance. . That the streets have been designed to avoid inconvenient or unsafe access to the planned unit development and for the surrounding neighborhood; and that the development does not create an Richard Rogers, Chairman Planning & Zoning Commission Meeting June 28, 2007 PZ-16-07 Page 4 excessive burden on public parks, recreation areas, schools, and other public facilities which serve or are proposed to serve the planned unit development. Ms. Connolly said the proposal is consistent with the recently updated Village's Comprehensive Land Use Map. Also, the townhomes are in keeping with other previously approved townhome projects in the Village. Although the proposal does not comply with the R2 Zoning District regulations because the guest parking encroaches into the required front setback, the project location is in close proximity to commercial properties and the parking setback would have minimal impact on the adjacent properties when screened appropriately. However, it is unclear how the project creates a public benefit as noted in Section 14.501 of the Village Code. Ms. Connolly stated that the proposed Map Amendment and Conditional Use requests meet the standards for each request as listed in the Zoning Ordinance. Based on these findings, Staff recommends that the Planning & Zoning Commission approve the following motion: "To approve: 1) a Map Amendment to rezone the property from RX Single Family to R2 Attached Single Family; 2) a Conditional Use permit for an II-unit townhome Planned Unit Development subject to the following: A. Prior to Village Board review, the Petitioner shall identify the public benefit as noted in Section 14.501; B. Prior to Village Board review, the Petitioner shall prepare elevations that specifies the building materials and documents the townhomes comply with the Village's 28-foot height limitation; C. Approving a Variation to permit a 10-foot front setback for the guest parking spaces; D. Development of the site and floor plans in general conformance with the plans prepared by Terra Architects revision date June 1, 2007 but revised to include a 20-foot wide fire lane/no parking in the drive aisle requirement; E. Development of the elevations in general conformance with the exhibits prepared by Terra Architects revision date June 1, 2007; F. Development of the site in general conformance with the landscape plan prepared by Pamela Self, revision date May 30, 2007, but revised to include materials that screen the garages and enhance the view from the road; G. Prior to issuance of a Building Permit, the Petitioner shall submit a plat of dedication that dedicates an additionalI7-foot of right of way (ROW) to provide a fulll00-foot ROW for Kensington Road; H. Prior to issuance of a Building Permit, the Petitioner shall submit a lighting plan that complies with the Village's lighting regulations for the lighting within the development and includes low level lighting and 4' fixtures for the areas adjacent to the guest parking; I. Prior to obtaining the first Certificate of Occupancy, the Petitioner must submit homeowner's association documents for Staff review and approval; J. Prior to obtaining the first Certificate of Occupancy, the Petitioner must submit a cross access agreement and plat of easement to ensure perpetual access to/from the western driveway; K. The Petitioner shall construct all units according to all Village Codes and regulations, including, but not limited to: the installation of automatic fire sprinklers, fire hydrants and roads must be located and constructed according to Development and Fire Code standards; and L. Prior to Village Board review, the Property Owner shall pay all outstanding property maintenance fines and provide proofthat the site will be maintained on a consistent basis." Richard Rogers, Chairman Planning & Zoning Commission Meeting June 28, 2007 PZ-16-07 Page 5 Ms. Connolly said the Village Board's decision is final for this case, 401 E. Kensington Road, Case Number PZ- 16-07. Chairman Rogers stated that the parking is in the front yard and asked if the road is in the front yard as well. Ms. Connolly stated that a drive aisle is a permitted encroachment. Chairman Rogers also stated that if the guest spaces were done with parallel parking, they could be located 20-feet off the front lot line versus 10-feet. There was general discussion regarding the different parking configuration. Chairman Rogers swore in Bill Schneider of Terra Architects at 14044 Petronella Lane, Libertyville, Illinois. Mr. Schneider thanked Staff for their comprehensive report. He summarized the project and stated that this is an 11- unit project, reduced from the original request for a 15-unit project. He stated that the required standards in the Village Code for each request have been met. He stated that he did not interpret the public benefit requirement, as listed in Section 14.501 to be a developer donation. He said he feels Terra Development meets this requirement by providing sidewalks and landscape improvements to a dilapidated property. He also stated they are required to make a Village Donation under Code Section 15.807 of$1350 per unit for a total of $29,700. Chairman Rogers swore in David Block of Terra Architects at 14044 Petronella Lane, Libertyville, Illinois. He stated the project consists of 11 units in two clusters. He said the easement to the west will remain as-is and they will be obtaining perpetual easement to the Subject Property. He stated the project is under the maximum lot coverage requirement. He agreed to extend the fence along west property line, that preliminary engineering has been completed, and they agree to the requirements in the staff report. He said they prepared a landscape plan and that it was developed per the required screening requirements listed in the Village Code. Chairman Rogers swore in Pamela Self, Landscape Architect of 1 Ann Court, Hawthorne Woods, Illinois. Ms. Self gave a brief summary of the proposed landscape plan, stating that it will soften the appearance of the development. Chairman Rogers asked where the planting bed will be located. Ms. Self said the continuous planting bed is 10 to 12-feet wide and contains several large trees within this same planting line. Chairman Rogers stated that it is unfortunate the garages face Kensington Road and he would like to see additional screening to soften the vast elevation. Ms. Self showed elevations with the mature landscaping in place, providing screening from the road. There was general discussion regarding the types of landscaping material that could be used. Ms. Self showed additional elevations of the foundation and perimeter landscaping. She stated that the plan exceeds the Village's requirements for landscaping and believes it has succeeded in softening the architecture of the development. Mr. Block provided an overview of the architecture and building materials for the project. He stated the building height is in compliance with Village Code. He showed exhibits depicting the floor plans of the available units. He stated there are 5 parking spaces per unit: two in the garage, two in the parking pad, and one guest space per unit. Ronald Roberts asked if there were elevation views of what the residential neighbors to the south would see. Mr. Block showed an elevation without the fence in place. He stated he could develop a rendering and get it to the Commissioners. He also stated they are adding more landscaping that what is required by Village Code. Ms. Self stated the proposed trees and shrubbery will provide 100% screening at maturity. Chairman Rogers asked how long the owner has owned the property. Mr. Block stated that it has been less than one year. Chairman Rogers stated that there were several mature trees on this lot that were taken down and he appreciates the fact that they are adding several trees back to the property. He said he would like to see more landscaping added to the Kensington Road frontage to screen the vast expanse of garage doors. Richard Rogers, Chairman Planning & Zoning Commission Meeting June 28, 2007 PZ-16-07 Page 6 Chairman Rogers swore in Fred Biermann of 410 Garwood, Mount Prospect, Illinois. Mr. Biermann stated that his wife's family had owned the Subject Property since 1866. He gave a brief history of the Subject Property and stated that the sale of the Subject Property to Dr. Hsu ended a long family history with this land. Mr. Biermann stated that the application listed Dr. Robert Hsu as the owner of the Subject Property, but wanted to point out that at the closing of the property, the owner was listed as the Taiwanese-American Cultural Center. Mr. Biermann stated that he had no concerns with the proposed development until he reviewed the landscaping plans. He said he is not happy with the location of the detention area. He would prefer to see that located more to the west closer to the commercial properties, rather than directly behind their house. He asked if the detention area will be an open pond or if it will be underground, and asked if it would drain to Kensington Road. Chairman Rogers swore in Steve Polit of 601 North Wilshire Drive, Mount Prospect, Illinois. He thanked the Commission for their time and listening to the residents. Mr. Polit stated that this project requires a lot of "Tender Loving Care" because this project has not had much "TLC" when the 80+ mature trees on the property were taken down without regard for the future land use. He stated that he does not believe the traffic study is accurate; it still states there are 15 townhomes, that the residential numbers are artificially low, and the west side access point does not address the future use of that property. He said there is no information regarding the traffic on the eastern side of the property. He stated that he feels the project does not provide for public safety in regard to traffic issues. Mr. Polit said that over 65 mature trees were taken off the site and the owner needs to take steps to return the site to the previous condition. He said he feels the Petitioner, not the Village, should have to provide the parkway trees, as retribution for the dozens of mature trees he had removed from the property. Mr. Polit stated that he has concerns with water drainage from the site. He said the residents do not know ifthe water that currently runs into the 2 acre site will continue to do so. He did commend the architects on the project designs and appreciates that the elevations that face the single family residences are beautiful. Chairman Rogers swore in Paul Stonis of 606 North Windsor Drive, Mount Prospect, Illinois. Mr. Stonis asked if the small western portion of the site is rezoned, but not developed at this time, what will be the future of that property. He asked what the possibility of something less desirable than the Cultural Center going in would be. He stated that the Petitioner took down several mature trees on his property at the time he cleared the site, with the promise that landscaping improvements were made when the site was developed. He wants to know what would be allowed on that site in the future. Chairman Rogers said there is nothing currently planned, but the redevelopment would need to come before the Commission for approval if the proposal was not a permitted use. Chairman Rogers asked the Petitioner to address concerns raised tonight. In regards to water detention, Mr. Block stated that the on-site detention will be more than adequate for the largest rains and they have very capable detention facilities planned for this property. In addressing the traffic concerns, Mr. Block stated that KLOA conducted the traffic study and they are more than capable in providing traffic information. He said the proposed easement will be designed to be extended to the southern properties in the future; however he cannot speak to the future use of this parcel. Chairman Rogers asked if Dr. Hsu is the owner of the property. Mr. Block stated that he cannot speak for Dr. Hsu, but indicated that Dr. Hsu works with many LLCs. Ms. Connolly stated that the Village transfer stamp record does show Dr. Robert Hsu as the owner of 40 1 East Kensington. Chairman Rogers asked if there is an Ordinance in place regarding the removal of the trees from the Property. Ms. Connolly replied the Subject Property is zoned as residential and tree removal is allowed without a permit. Chairman Rogers asked if Dr. Hsu, as owner, was responsible for the authorization of the tree removal. Mr. Schneider stated to the best of his knowledge, Dr. Hsu did authorize the tree removal. Chairman Rogers stated he would like to add an additional landscape requirement to this site to account for the mature trees that were removed. He said he would like to require larger trees for replacement; a 4" diameter tree versus the 2.5" diameter requirement. Ms. Self said she would need concession for oak trees as they are not available in sizes Richard Rogers, Chairman Planning & Zoning Commission Meeting June 28, 2007 PZ-16-07 Page 7 over 3". Mr. Rogers said for oak trees, he could accept the 2.5" requirement, but for all other trees would like to require the 4" diameter tree. He would also like to require landscaping 50% over the Code requirement. Mr. Schneider stated that the Petitioner will be paying for the parkway trees, but the Village takes care of the installation of those trees. Mr. Polit stated he understands that the water that generates on the Petitioner's property must be dealt with by the Petitioner; however he is concerned with the water that flows through the project, particularly during construction. Chairman Rogers called for additional questions or comments. Hearing none, the Public Hearing was closed at 10:32 p.m. Mary McCabe made a motion to approve a request for Rezoning from RX to R2 Attached Single Family and a Conditional Use for a Planned Unit Development at 401 East Kensington Road, Case Number PZ-16-07, with the additional conditions presented this evening. Leo Floros seconded the motion. Mr. Floros stated that he does not support this proposal until Dr. Hsu speaks to the Case. He said there are several unanswered questions that Dr. Hsu needs to address. Mr. Roberts stated that he does not like seeing the zoning changing from single family to a higher density district. Ellen Divita, Deputy Director of Community Development, stated that there is currently a $1,000 fee levied on the property for grass mowing and the project cannot go before the Village Board until the fees are paid. UPON ROLL CALL: AYES: None NA YS: Floros, Haaland, McCabe, Roberts, Rogers Motion was disapproved 5-0. After hearing two additional cases, Ronald Roberts made a motion to adjourn at II :04 p.m., seconded by Mary McCabe. The motion was approved by a voice vote and the meeting was adjourned. ~ I / H:\PLAN\Planning & Zoning COMM\P&Z 2007\Minutes\PZ~16.o7 401 E. Kensington.doc Village of Mount Prospect Community Development Department CASE SUMMARY - PZ- 16-07 LOCATION: PETITIONER: OWNER: PARCEL #: LOT SIZE: ZONING: LAND USE: REQUEST: 40 I E. Kensington Road Terra Architects, Inc. Dr. Robert Hsu 03-34-201-008-0000 1.97 ac. RX Single Family Single Family Residence (vacant) 1) Rezone from RX Single Family to R2 Attached Single Family 2) Conditional Use for a Planned Unit Development LOCATION MAP o !~ "~'.-iITm }-....""...L / ,I / GARWOODDR--{ ( - II> :I: lli m o '" I CHOLLVAV_ tIT, I I I ~ ,0 :i '0 '" I MEMORANDUM Village of Mount Prospect Community Development Department TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION RICHARD ROGERS, CHAIRPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: JUNE 21, 2007 HEARING DATE: JUNE 28, 2007 SUBJECT: PZ-I6-07 - MAP AMENDMENT & CONDITIONAL USE (PUD TOWNHOME DEVELOPMENT) 401 E. KENSINGTON ROAD - TERRA ARCHITECTS, INC. (APPLICANT) BACKGROUND A public hearing has been scheduled for the June 28, 2007 Planning & Zoning Commission meeting to review the application by Terra Architects (the "Petitioner"), regarding the property located at 401 E. Kensington Road (the "Subject Property"). The Petitioner is seeking: 1) to rezone the Subject Property from RX Single Family to R2 Attached Single Family, and 2) approval of a Conditional Use permit for a Planned Unit Development. The P&Z Commission hearing was properly noticed in the May 9, 2007 edition of the Journal Topics Newspaper. In addition, Staff has completed the required written notice to property owners within 250-feet and posted a Public Hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located on the south side of Kensington Road, between Rand Road and Wilshire Drive, and currently contains a vacant single family residence with related improvements. The Subject Property is zoned RX Single Family and is bordered by the B3 Community Shopping District to the west and north (across Kensington Road), and by the RI Single Family District to the south and east. SUMMARY The Petitioner's proposal includes the demolition of the existing building and the redevelopment of the site as an II-unit townhome development. The various elements of the proposal are outlined below: Rezoning Request - As noted previously, the Subject Property is currently zoned RX Single Family, and the Petitioner is requesting approval to rezone the Subject Property to R2 Attached Single Family. The R2 district allows a maximum density of 10 dwelling units per acre for multi-family developments. The Petitioner's proposal includes a density of 5.5 units per acre (II ullitsll.97 acres), which falls below the maximum density permitted within the R2 District. Conditional Use for a Planned Unit Development - In addition to the requested rezoning, the Petitioner is also requesting approval of a Conditional Use permit for a Planned Unit Development for the townhome development. This request is due to the Village Code's requirement that two or more multi-family residential buildings may be located on the same zoning lot only as part of an approved planned unit development (PUD). The PUD process PZ-I6-07 Planning & Zoning Commission meeting June 28, 2007 Page 3 also allows for unified zoning control over the entire development, which would require formal Village approval if any modifications to the development are proposed in the future. Site Plan - The attached site plan illustrates the proposed layout for the II-unit townhome development. The development would consist of (2) clusters of townhomes: one cluster would have 6 units and the second cluster would have 5 units. Each of the townhome units would have a separate entrance, a front-loading two-car garage, and a two-car driveway. The units would be setback approximately 77-feet from the Kensington Road (front) lot line. A 24-foot wide drive aisle would run parallel to Kensington Road, in front of the units, and there would be two driveways/access points from Kensington Road; a right-in, right-out for the eastern drive and full access for the western drive. The lot west of the Subject Property is zoned B3 Community Shopping and is intended to retain its B3 zoning designation. The Village Board granted a Conditional Use permit to operate a Community Center for the lot west of the Subject Property. However, the facility was not built and the Conditional Use permit has since expired. The proposed townhome site plan indicates that the western access point for the townhomes would extend to the adjacent lot of record, and the driveway would be located on the adjacent lot. Therefore, a cross access agreement and easement is required to ensure perpetual access for the proposed townhome development. Also, Staff recommends that the road and driveway on the adjacent lot to the west be configured and installed to accommodate vehicles from the anticipated drive aisle from the south (300 E. Rand Road). The following table lists the Bulk Regulations for the R2 District and shows that the units comply with the R2 Bulk Regulations, but the guest parking encroaches into the required front yard. R2 Re uirements 30 feet 25 feet buildin /15' deck 50% limit Building Design - The enclosed elevations indicate the architectural composition ofthe townhomes. The units are 2-stories tall, measure approximately 25' wide, and have 2-car front loading garages. The building materials for the exterior elevations will consist of stone, brick and stucco for the second story. The units include an unfinished basement and a lO'xIO' deck located along the rear elevation of the building. Parking - The Petitioner's proposal indicates that each unit would include 3 bedrooms on the second floor plus a den on the first floor. The Village Code requires 2 Y2 parking spaces per dwelling unit (for multiple-family dwellings containing 3 bedrooms or more). The Petitioner's proposal contains a 2-car garage plus two driveway parking spaces per unit. In addition, the Petitioner's plans indicate 12 guest parking spaces are available on-site. Lot Coverage - The Petitioner's site plan indicates that the project would have approximately 49.5% lot coverage, which is below the 50% limitation. The project is subject to all development requirements as detailed in Sec. 15.402 of the Village Code, which include but is not limited to providing storm water detention and street lights, if applicable. Landscape Plan - The Petitioner's landscape plan indicates that a variety of shrubs, shade and evergreen trees will be planted along the perimeter of the Subject Property and the foundation of the buildings. The landscape plan indicates that deciduous shrubs and a 10-foot wide band of evergreen shrubs will be planted along the Kensington Road frontage to screen the guest parking. However, since the garages also face Kensington Road, efforts must be made to screen the garages and enhance the view from the road; Staff recommends the landscape plan be modified accordingly. Also, any shrubs planted along the public sidewalk should be no taller than 36" (including berm height) to avoid creating sight obstructions for vehicles exiting onto Kensington Road. PZ-16-07 Planning & Zoning Commission meeting June 28,2007 Page 4 The plan indicates that a fence would be installed along the south and east lot line, but not along the west lot line. However, the fence material and height are not noted. The maximum fence height allowed between residential properties is 5-feet and the proposed fence shall comply with the 5-foot height limitation. Staff suggests extending the fence along the west lot line, up to the front setback of the unit to screen the development from the adjacent driveway. Preliminary Engineering - The Petitioner has submitted preliminary storm water detention plans and is working with the Village Engineer to arrive at a design that will comply with Village Code regulations. The proposed water main and sanitary main and services will be reviewed by the Department of Public Works. Based upon the preliminary design, it seems likely that these mains will be publicly owned, but privately maintained, in which case easements would have to be granted to the Village. Regardless of ownership of the water main, the main appears to be too close to the westernmost unit as shown on the originally submitted engineering arid grading plan. A final design is typically submitted as part of the Building Permit process, and this issue shall be addressed prior to permit submittal. It should be stressed that the proposed development will be subject to all development requirements, as detailed in Section 15.402 of the Village Code. COMPREHENSIVE PLAN DESIGNATION AND ZONING The property is located along an arterial street and it is adjacent to single family residences and commercial properties. The recently updated Comprehensive Land Use Map designates the Subject Property as Single Family Residential Development and allows for the R2 Zoning District. GENERAL ZONING COMPLIANCE As previously noted, the proposal does not comply with the R2 Bulk Regulations because the guest parking encroaches into the front setback. The following table provides zoning district information for the property's proposed zoning classification and summarizes the proposed setbacks. R2 Proposed (fhere is no interior side yard requirement for attached single-family homes.) Zoning District MAP AMENDMENT STANDARDS The standards for Map Amendments are listed in Section 14.203.D.8.a of the Village Zoning Ordinance. When a Map Amendment is proposed, the Planning and Zoning Commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following matters: · The compatibility with existing uses and zoning classifications of property within the general area of the property in question; · The compatibility of the surrounding property with the permitted uses listed in the proposed zoning classification; PZ-16-07 Planning & Zoning Commission meeting June 28,2007 Page 5 . The suitability of the property in question to the uses permitted under the existing and proposed zoning classifications; and . Consistency with the trend of development in the general area of the property in question, and the objectives of the current Comprehensive Plan for the Village. The Subject Property is adjacent to existing single family residential and commercial properties, and is across the street from the Randhurst Shopping Center. The proposed townhomes would be consistent with recent in-fill developments approved in the Village and it would be an appropriate transitional use for the Subject Property. The proposal meets the standards for a Map Amendment because it is compatible with existing properties within the general area of the Subject Property. PLANNED UNIT DEVELOPMENT STANDARDS The standards for approving a Planned Unit Development are listed in Section 14.504 of the Village Zoning Ordinance. The section contains specific findings that must be made in order to approve a Planned Unit Development. These standards relate to: . The proposed development complies with the regulations of the district or districts in which it is to be located; . The principal use in the proposed planned unit development is consistent with the recommendations of the comprehensive plan of the village for the area containing the subject site; . That the proposed planned unit development is in the public interest and is consistent with the purposes of this zoning ordinance. . That the streets have been designed to avoid inconvenient or unsafe access to the planned unit development and for the surrounding neighborhood; and that the development does not create an excessive burden on public parks, recreation areas, schools, and other public facilities which serve or are proposed to serve the planned unit development. The proposal is consistent with the recently updated Village's Comprehensive Land Use Map. Also, the townhomes are in keeping with other previously approved townhome projects in the Village. Although the proposal does not comply with the R2 Zoning District regulations because the guest parking encroaches into the required front setback, the project location is in close proximity to commercial properties and the parking setback would have minimal impact on the adjacent properties when screened appropriately. However, it is unclear how the project creates a public benefit as noted in Sec. 14.501 ofthe Village Code. RECOMMENDATION The proposed Map Amendment and Conditional Use requests meet the standards for each request as listed in the Zoning Ordinance. Based on these findings, Staff recommends that the Planning & Zoning Commission approve the following motion: "To approve: 1) a Map Amendment to rezone the property from RX Single Family to R2 Attached Single Family; 2) a Conditional Use permit for an II-unit townhome Planned Unit Development subject to the following: A. Prior to Village Board review, the Petitioner shall identify the public benefit as noted in Sec. 14.501; B. Prior to Village Board review, the Petitioner shall prepare elevations that specifies the building materials and documents the townhomes comply with the Village's 28' height limitation; PZ-I6-07 Planning & Zoning Commission meeting June 28, 2007 Page 6 C. Approving a Variation to permit a 10' front setback for the 12-guest parking spaces; D. Development of the site and floor plans in general conformance with the plans prepared by Terra Architects revision date June 1, 2007 but revised to include a 20' wide fire lane/no parking in the drive aisle requirement; E. Development of the elevations in general conformance with the exhibits prepared by Terra Architects revision date June 1, 2007; F. Development of the site in general conformance with the landscape plan prepared by Pamela Self, revision date May 30, 2007, but revised to include materials that screen the garages and enhance the view from the road; G. Prior to issuance of a Building Permit, the Petitioner shall submit a plat of dedication that dedicates an additional IT of right of way (ROW) to provide a full 100' ROW for Kensington Road; H. Prior to issuance of a Building Permit, the Petitioner shall submit a lighting plan that complies with the Village's lighting regulations for the lighting within the development and includes low level lighting and 4' fixtures for the areas adjacent to the guest parking; I. Prior to obtaining the first Certificate of Occupancy, the Petitioner must submit homeowner's association documents for Staff review and approval; J. Prior to obtaining the first Certificate of Occupancy, the Petitioner must submit a cross access agreement and plat of easement to ensure perpetual access to/from the western driveway; and K. The Petitioner shall construct all units according to all Village Codes and regulations, including, but not limited to: the installation of automatic fire sprinklers, fire hydrants and roads must be located and constructed according to Development and Fire Code standards." The Village Board's decision is final for this case, 401 E. Kensington Road, Case No. PZ-16-07. I concur: W~\l ~, William J. ooney, AIC , Director ofCommumty Development Ijmc H:\PLAN\Planning &. Zoning COMM\P&Z 2007\SllffMemo\PZ.16-07 MEMO (401 E Kensington . row home projcct-Rczonc_ConditionatUse).doc ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE VILLAGE OF MOUNT PROSPECT FOR PROPERTY LOCATED AT 401 EAST KENSINGTON ROAD WHEREAS, Terra Architects, Inc. ("Petitioner), has filed an application to rezone certain property generally located at 401 East Kensington Road ("Subject Property') , and legally described as follows: The West 400 feet of the North 217.8 feet of the Northeast quarter of the Northeast quarter of Section 34, Township 42 North, Range 11, East of the Third Principal Meridian in Cook County, Illinois; (Except the West 66 feet thereof) of Section 34, Township 42, Range 11, East of the Third Principal Meridian, in Cook County, Illinois. Property Index Number: 03-34-201-008-0000; and WHEREAS, the Petitioner has requested the Subject Property be rezoned from RX (Single Family) to R-2 (Attached Single Family) District; and WHEREAS, a Public Hearing was held on the request for rezoning being the subject of PZ-16-07, before the Planning and Zoning Commission of the Village of Mount Prospect on the 28th day of June 2007, pursuantto due and proper notice thereof having been published in the Mount Prospect Journal & Topics on the 9th day of May, 2007; and WHEREAS, the Planning and Zoning Commission has submitted its findings and a negative recommendation to the President and Board of Trustees of the Village of Mount Prospect; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have considered the request being the subject of PZ-16-07 and have determined that the best interests of the Village of Mount Prospect would be served by granting said request. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth hereinabove are incorporated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The Official Zoning Map of the Village of Mount Prospect, Illinois, as amended, is hereby further amended by reclassifying the property being the subject of this Ordinance from RX (Single Family) to R-2 (Attached Single Family Residence) District. SECTION THREE: 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 July 2007. Irvana K. Wilks Mayor ATTEST: Gr~~ M. Lisa Angell Village Clerk H:\CLKO\files\WIN\ORDI NANC\mapamendment401 kensingtonjuly2007 .doc jc 7/12/07 mla 7/12/07 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIATION FOR PROPERTY LOCATED AT 401 EAST KENSINGTON ROAD WHEREAS, Terra Architects, Inc., ("Petitioner") has filed a petition for a Conditional Use permit in the nature of a Planned Unit Development and Variation with respect to property located at 401 East Kensington Road ("Subject Property") and legally described as follows: The West 400 feet of the North 217.8 feet of the Northeast quarter of the Northeast quarter of Section 34, Township 42 North, Range 11, East of the Third Principal Meridian in Cook County, Illinois; (Except the West 66 feet thereof) of Section 34, Township 42, Range 11, East of the Third Principal Meridian, in Cook County, Illinois. Property Index Number: 03-34-201-008-0000; and WHEREAS, the Petitioner seeks to create a Planned Unit Development providing for the construction of an eleven (11) unit townhome development; and WHEREAS, a Public Hearing was held on the request for a Planned Unit Development, Conditional Use permit and Variation being the subject of PZ-16-07 before the Planning and Zoning Commission of the Village of Mount Prospect on the 28th day of June, 2007, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 9th day of May, 2007; and WHEREAS, the Planning and Zoning Commission has submitted its findings and a negative recommendation to the President and Board of Trustees of the Village of Mount Prospect; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the requests herein and have determined that the requests meet the standards of the Village and that the granting of the proposed Conditional Use permit for a Planned Unit Development and a Variation to allow a ten foot (10') setback for the twelve (12) guest parking spaces is in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF 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. SECTION TWO: That the Conditional Use Permit in the nature of a Planned Unit Development being the subject of this Ordinance is subject to the following conditions: A. The Petitioner shall identify the public benefit as noted in Section 14.501 of the Village Code; B. The Petitioner shall prepare elevations that specify the building materials and documents the town homes comply with the Village's 28' height limitation; C. Development of the site and floor plans in general conformance with the plans prepared by Terra Architects revision dated June 1, 2007 but revised to include a 20' wide fire lane/no parking in the drive aisle requirement; D. Development of the elevations in general conformance with the exhibits prepared by Terra Architects revision dated June 1, 2007; Page 2/2 PZ-16-07 E. Development of the site in general conformance with the landscape plan prepared by Pamela Self, revision date May 30,2007, but revised to: 1. provide at least 50% more landscaping than is required by Village Code, and 2. include additional year-round materials to screen the garages and enhance the view for the Kensington Road frontage; F. Prior to issuance of a Building Permit, the Petitioner shall submit a plat of dedication that dedicates an additional 17' of right-of-way (ROW) to provide a full 1 00' ROW for Kensington Road; G. Prior to issuance of a Building Permit, the Petitioner shall submit a lighting plan that complies with the Village's lighting regulations for the lighting within the development and includes low level lighting and 4' fixtures for the area adjacent to the guest parking; H. Prior to obtaining the first Certificate of Occupancy, the Petitioner ,must submit homeowner's association documents for Staff review and approval; I. Prior to obtaining the first Certificate of Occupancy, the Petitioner must submit a cross access agreement and plat of easement to ensure perpetual access to/from the western driveway; and J. The Petitioner shall construct all units according to all Village Codes and regulations, including, but not limited to: the installation of automatic fire sprinklers, fire hydrants and roads must be located and constructed to Development and Fire Code standards; K. The Petitioner shall pay all outstanding property maintenance fines and provide proof that the site will be maintained on a consistent basis. SECTION THREE: The President and Board of Trustees of the Village of Mount Prospect do hereby grant approval of a Conditional Use permit and Variation as provided in Sections 14.203.F.7 & Sec. 14.203.C.7 of the Village Code, for a Planned Unit Development for an eleven (11) unit town home development, all as shown on the Site Plan revision dated July 12, 2007 a copy of which is attached hereto and hereby made a part hereof. SECTION FOUR: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FIVE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of July 2007. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H :\CLKO\files\WIN\ORDINANC\C USE40 1 eastkensingtonjuly2007 .doc Village of Mount Prospect Community Development Department Mount Prospect MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER 'Be:.. M~ fl/11101 FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JUNE 15,2007 SUBJECT: PZ-23-07: TEXT AMENDMENTS (OUTDOOR DINING) VILLAGE OF MOUNT PROSPECT - APPLICANT The Planning & Zoning Commission transmits their recommendation for a text amendment to toning Ordinance, Case PZ-23-07, to modify sections of the Village Code pertaining to outdoor dining, described in detail in the attached staff report. The Planning & Zoning Commission heard the request at the June 28, 2007 meeting. Currently the Village of Mount Prospect's regulations permit outdoor dining on both public and private property. This amendment proposes a change to Section 14.311 which would require outdoor dining permits for areas within the public right-ofway only, and not on private property. No changes are being proposed to the standards which allow for outdoor dining, the only change is whether or not a permit is required. These standards require that outdoor dining does not encroach on neighbors, the dining area is aesthetically pleasing, noise is not a nuisance to others, all local and state codes are met, and the public's health, safety, and welfare are maintained. Also continuing is the requirement that outdoor dining on public property will be allowed by permit, with the application reviewed by the Community Development Department, proof of insurance will be submitted, and the permittee will acknowledge and assume responsibility for any damage to public property. All outdoor dining operations, whether on public or private property will continue to be inspected by the Village Health Division staff on an annual basis to insure they comply with all sections of the Village Code. If a liquor licensee wishes to serve or permit the consumption of liquor in an outdoor dining area, he must first contact the Village Manager's Office to determine whether he needs to obtain a special permit from the Local Liquor Control Commissioner (Section 13.117 requires permission if the outdoor dining area is within 300' from any property zoned residential). The Planning and Zoning Commission briefly discussed the proposal and found that it would benefit the businesses by streamlining the outdoor dining process, but outdoor dining would continue to operate in a safe manner. The Planning & Zoning Commission voted 5-0 to recommend that the Village Board approve the text amendment as outlined for case PZ-23-07 which would only require a permit for outdoor dining on the public right of way. Outdoor dining on private property would be allowed if the outdoor dining area is in conformance with all sections of the Village Code. Please forward this memorandum and attachments to the Village Board for their review and consideration at their July 17,2007 meeting. Staff will be present to answer any questions related to this matter. .t MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-23-07 Hearing Date: June 28, 2007 PETITIONER: The Village of Mount Prospect PUBLICATION DATE: June 13, 2007 REQUEST: Text Amendment; Outdoor Dining Requirements MEMBERS PRESENT: Richard Rogers, Chairperson Leo Floros Marlys Haaland Mary McCabe Ronald Roberts MEMBERS ABSENT: Keith Youngquist Joseph Donnelly STAFF MEMBER PRESENT: Judith Connolly, AICP, Senior Planner Ellen Divita, Deputy Director of Community Development Jason Zawila, Long Range Planner Chairman Richard Rogers called the meeting to order at 7:37p.m. Marlys Haaland moved to approve the minutes of the May 24, 2007 meeting and Ronald Roberts seconded the motion. The minutes were approved 5-0. After hearing eight previous cases, Chairman Rogers introduced Case PZ-23-07, a request for a Text Amendment at 10:32 p.m. Ellen Divita, Deputy Director of Community Development stated that the purpose of the text amendment is to change Section 14.3 II of the Zoning Code to require permits for Outdoor Dining only on Public Right Of Way and to no longer require them when on private property. The text amendment was properly noticed in the June 13,2007 edition of the Journal Topics Newspaper. Ms. Divita said the Village of Mount Prospect's regulations permit outdoor dining on both public and private property. This amendment proposes a change to Section 14.311 which would require outdoor dining permits for areas within the public right-of-way only, and not on private property. Despite this proposed amendment, all outdoor dining operations, whether on public or private property will be inspected by the Village Health Division staff on an annual basis to insure they comply with all sections of the Village Code. If a liquor licensee wishes to serve or permit the consumption of liquor in an outdoor dining area, he must first contact the Village Manager's Office to determine whether he needs to obtain a special permit from the Local Liquor Control Commissioner (Section 13.117 requires permission if the outdoor dining area is within 300-feet from any property zoned residential). Ms. Divita said the only text change is outdoor dining on private property no longer requires an annual application. All outdoor dining, whether on public or private property must still comply with these current requirements: · Annual inspections by Village Health Department · Alcoholic beverages subject to all requirements of chapter 13 .Outdoor dining with liquor requires special permit from Liquor Commissioner if within 300' from any property zoned residential (Section 13.117) Richard Rogers, Chairman Planning & Zoning Commission Meeting June 28, 2007 PZ-23-07 Page 2 -Dining will be on the same zoning lot as the restaurant, not encroaching on neighbors -Cannot be detrimental to the health, safety, or welfare of nearby residents or persons working or shopping in the vicinity -Must meet all applicable village and state health requirements -Barricades, landscaping will be used to define the area and enhance aesthetic appeal -Outdoor Dining will not extend before 6:00 A.M. or later than 11 :00 P.M. and no music or noise will be audible on adjacent properties -Furniture must be of materials and colors in harmony with the principal and adjacent structures, of sturdy construction designed to withstand a minimum wind pressure of not less than 30 pounds per square inch, and easily removable during winter months and/or if required - Adjacent walkways and sidewalks must be a minimum of 5 feet wide - Adequate refuse disposal must be provided for -May be revoked at any time on 14 days notice for failure to comply -Exempt from applicable parking requirements. If needed, must provide for off-site parking on nearby nonresidential properties. - Advertising or promotional features limited to umbrellas or canopies. Ms. Divita stated that in addition to the above requirements, Outdoor Dining on public property still must submit an annual application, proof of insurance, and accept responsibility for any damage to the public right of way. The application should include a site plan, proposed hours of operation, construction/appearance of all furniture, and provisions for refuse disposal. The insurance certificate must be for $1,000,000 general liability insurance and $30,000 of dramshop insurance. The Village must be named as an additional insured against liability resulting from dining permit. Ms. Divita said the permittee would submit a written statement acknowledging responsibility and agreeing to maintain the sidewalk and keep it free of obstructions, to comply with all Village and State codes, and to restore public sidewalk to original state when operation of dining area ceases. Ms. Divita said Section 14.203.D.8.b of the Village Code lists standards for the P&Z to consider for text amendments to the Zoning Code. These standards relate to: - The general applicability ofthe amendment to the community, rather than an individual parcel; - Consistency of the amendment with objectives ofthe Zoning Code and Comprehensive Plan; - The degree to which the amendment would create non-conformity; - The degree to which the amendment would make the Zoning Code more permissive; and - Consistency ofthe amendment with Village policy as established by previous rulings. Ms. Divita stated that the proposal to amend the Village's existing outdoor dining regulations would be applicable on a community-wide basis and would be consistent with the Village's previous requirements, maintaining health and safety on the public right of way. Ms. Divita said the proposed text amendment meets the standards contained in Section 14.203.D.8.b of the Zoning Ordinance. Based on these findings, Staff recommends that the Planning & Zoning Commission approve the following motion: Richard Rogers, Chairman Planning & Zoning Commission Meeting June 28, 2007 PZ-23-07 Page 3 "To approve the text amendments as outlined above for case PZ-23-07 which would only require a permit for outdoor dining on the Public Right of Way. Outdoor dining on private property would be allowed if the outdoor dining area is in conformance with all sections of the Village Code. " She stated that the Village Board's decision is final for this case. Chairman Rogers asked if we are seeing more applications for outdoor dining. Ms. Divita confirmed that the Village continues to receive several applications each year. There was general discussion regarding the establishments in the Village that currently have outdoor dining. Chairman Rogers asked if the purpose of this Text Amendment is to insure safe Outdoor Dining on Public Property. Ms. Divita stated the current ordinance already does this, the purpose of this Text Amendment is to drop the application and insurance requirement for Outdoor Dining on private property. There was general discussion regarding Public Right of Way versus private property. Ms. Divita said the public Right of Way is generally the area between the sidewalk and the street. Downtown zoning has a zero-lot line requirement for the front yard and these buildings are often right up to the sidewalk. Marlys Haaland made a motion to approve the Text Amendment, as presented, for PZ-23-07. Leo Floros seconded the motion. UPON ROLL CALL: A YES: Floros, Haaland, McCabe, Roberts, Rogers NAYS: None Motion was approved 5-0. After hearing one additional case, Ronald Roberts made a motion to adjourn at II :04 p.m., seconded by Mary McCabe. The motion was approved by a voice vote and the meeting was adjourned. H:\PLAN\Planning & Zoning COMM\P&Z ZOO7\Minutes\PZ.2J.07 Text Amend Outdoor Dining.doc .~ bh 7/12/07 mla 7/10/07 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 14 (ZONING) OF THE VILLAGE CODE OF MOUNT PROSPECT WHEREAS, the Petitioner (the President of the Village of Mount Prospect) has filed an application for certain text amendments to Chapter 14 (Zoning) of the Village Code of Mount Prospect to amend various regulations; and WHEREAS, the Petitioner seeks amendments to the following sections of the Village Code: Section 14.311.B OUTDOOR SALES AND STORAGE WHEREAS, a Public Hearing was held on the proposed amendment, being the subject of PZ-23- 07, before the Planning and Zoning Board Commission on June 28, 2007, pursuant to due and proper legal notice having been published in the Mount Prospect Journal & Topics on the 13th day of June, 2007; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the President and Board of Trustees of the Village of Mount Prospect and the President and Board of Trustees of the Village have considered the requests being the subject of PZ-23-07. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO- That Section 14.311.B entitled "Outdoor Sales and Storage" of Chapter 14 of the Village Code of Mount Prospect as amended is hereby further amended in its entirety; so that hereinafter said Section 14.311.B of Chapter 14, Article 1/1 shall be and read as follows: Section 14.311.B B. "Outdoor Dining," shall be governed by the following standards to ensure such dining is conducted in a manner that does not have any adverse impact on a residential area, or infringe on the rights of adjoining property owners. Outdoor dining areas shall be permitted on the same zoning lot as and in conjunction with an established restaurant in the B-3, B-4, or B-5 district, subject to the following requirements: 1. Outdoor dining areas shall be permitted on private property, subject to the following requirements: a. The outdoor dining area shall be located on the same zoning lot as the established restaurant. -r Ch. 14, Text Amendment - Zoning Page 2/4 b. Barricades, landscaping and other features will be utilized to define the outdoor dining area and enhance the aesthetic appeal of the area. c. Proposed hours of operation will be no earlier than six o'clock (6:00) A.M. or later than eleven o'clock (11 :00) P.M. No music or other noises generated by the operation of the outdoor dining areas shall be audible on adjacent properties. d. All walkways and sidewalks adjacent to the outdoor dining area will be a minimum of five (5) feet wide. e. All furniture and appurtenances to be used in the outdoor dining area will be of materials and colors in harmony with the principal and adjacent structures, and of sturdy construction designed to withstand a minimum wind pressure of not less than thirty (30) pounds per square inch. All outdoor furniture and appurtenances shall be constructed in such a manner as to allow for their easy removal during winter months and/or if otherwise required by the village. f. Adequate refuse disposal shall exist for the outdoor dining area as determined necessary by the environmental health division. g. Outdoor dining areas on private property will be reviewed each year during the annual restaurant inspection. Outdoor dining may be revoked by the Village Manager at any time on fourteen (14) days notice for failure to comply with the regulations set forth in this section. h. The sale and consumption of alcoholic beverages in the outdoor dining areas shall be subject to all requirements of chapter 13 of the Village Code. i. The outdoor dining area shall not be detrimental to the health, safety, or welfare of nearby residents or persons working or shopping in the vicinity. j. Outdoor dining areas shall be exempt from applicable parking requirements. However, in the event that the outdoor dining area creates an overflow parking problem onto adjacent public streets, the permit holder must make provisions for off site parking on nearby nonresidential properties. k. Advertising or promotional features in a permitted outdoor dining area shall be limited to umbrellas or canopies. I. Outdoor dining areas shall meet all applicable village and state health requirements. 2. Outdoor dining areas shall be permitted on public property, subject to the following criteria: a. All regulations set forth in subsection B1 of this section. b. An application for the outdoor dining area permit on public property must be submitted to the department of community development. The department will conduct an administrative review of the application and the director will either approve or deny the application within thirty (30) days from receipt. The application shall contain, at a minimum, the following information: Ch. 14, Text Amendment - Zoning Page 3/4 (1) A site plan showing location of the outdoor dining area; (2) Plans and cut sheets demonstrating the type of barricades, landscaping and other features that will be utilized to define the outdoor dining area and enhance the aesthetic appeal of the area; (3) Distances of the outdoor dining area to all property lines; (4) Proposed hours of operation; (5) The clear width of all walkways and sidewalks adjacent to the outdoor dining area; (6) Photographs or other documentation showing the construction and appearance of all furniture and appurtenances to be used in the outdoor dining area, including materials and colors; and (7) Provisions for refuse disposal for the outdoor dining area. c. The use of public sidewalk space for outdoor furniture and appurtenances shall only be permitted incidental to the operation of a restaurant on private contiguous property. d. In order to prevent the restaurant space from encroaching upon the front of another merchant's establishment, the outdoor dining area shall not extend laterally beyond the frontage of the permittee's establishment. e. The applicant shall submit a written statement acknowledging responsibility for and agreeing to comply with the following: 1) the sidewalk area will be maintained in a clean and safe condition; 2) the required open portion of the sidewalk will be kept free from any obstructions or encroachments pertaining to the restaurant use; and 3) the proposed outdoor dining area will comply with all conditions of this section. f. The applicant shall furnish the village with evidence of general liability insurance and dramshop insurance, if applicable, naming the village as an additional insured and insuring the village against any liability resulting from the uses permitted by the permit issued under this section. Minimum coverage for general liability insurance and dramshop insurance shall be as set forth in appendix A, division I of this code, and shall have no less than an "A" rating by the most recent AM best insurance rating guide. g. The operator of the outdoor dining area shall be responsible for any damage to public property and shall restore the public sidewalk to its original state when the operation of the dining area ceases. c. Outdoor Storage on Residential Property: Outdoor storage on residential properties is prohibited except for the following: lawn and garden equipment and materials, garbage cans, grills and portable fireplaces, patio furniture, household tools, children's play equipment, and other items similar to the above as determined by the community development director. For regulations regarding the storage of commercial vehicles, or recreational vehicles and equipment, please refer to article XXII of this chapter. Ch. 14, Text Amendment - Zoning Page 4/4 SECTION SIX: The Village Clerk is hereby authorized and directed to record a certified copy of of this Ordinance with the Recorder of Deeds of Cook County. SECTION SEVEN: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this th day of July, 2007. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\files\WIN\ORDINANC\textamendmentchapter14zoningoutdoordingjuly2007.doc Village of Mount Prospect Community Development Department MEMORANDUM 1 Mount ProSpect r '~ ~.~ 1/ ,",,1()1 TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JULY 2, 2007 SUBJECT: PZ-24-07: TEXT AMENDMENT (REVIEW PROCESS FOR ADMINISTRATIVE CONDITIONAL USE - UNENCLOSED PORCH OBSTRUCTION IN REQUIRED FRONT YARD SETBACK) The Planning & Zoning Commission transmits their recommendation for a text amendment to the Zoning Ordinance, Case PZ-24-07, to modify sections of the Village Code pertaining to front porches, described in detail in the attached staff report. The Planning & Zoning Commission heard the request at the June 28, 2007 meeting. Village regulations (Section 14.202.BA) allow for the Planning and Zoning Commission to approve a conditional use permit for unenclosed front porches that encroach up to five (5) feet in the required front yard setback. Such porches were first allowed in 2001, and in 2004 the Village Board allowed the P&Z Commission's decision to be final. Zoning approval was shortened to 30 to 60 days; after P&Z approval, the applicant may apply for a building permit. Since 2004, twenty (20) Conditional Use applications for unenclosed porches have been received and all approved. Staff reviews these applications to determine if quality materials are being used and whether the design blended with the existing house and neighboring houses, and to confirm that the encroachment would not create a sight obstruction. Further streamlining was first discussed at an April 10, 2007 Committee of the Whole Meeting of the Village Board and at an April 26, 2007 Planning and Zoning Commission meeting. Staff has met with the Village Attorney to identify this proposed process. Currently "Administrative Hearings" are used for the Director of Community Development to consider "Minor Variations." A front porch within the required front yard setback cannot however be considered a variation because virtually all homes in the Village are set back thirty feet from the front property line so this is not a unique situation. Front porches are currently considered a "Conditional Use" because they may present an impact upon adjoining properties or the neighborhood in general. Currently Conditional Use approval may only be granted by the Village Board, and in the case of front porches, by the Planning and Zoning Commission. The Village Attorney has advised to leave this system in tact and to create 14.316 as a special category to allow administrative review of unenclosed front porches in the required front yard. This amendment proposes a notice and review process similar to that used for a Minor Variation, yet with the standards of a Conditional Use. This new process will be referred to as an "administrative conditional use" and follows: o Requests would be reviewed by Staff for conformance to Standards including lack of site obstruction, materials, design, and aesthetics. o Notices would be mailed to neighbors within 100' ofthe Subject Property. o A Public Hearing sign would be posted on the Subject Property. o A Staff Report is prepared and presented at an open hearing. o The approval process takes approximately 3 weeks and the Director of Community Development's decision is final, but may be appealed to the P&Z. PZ-24-07: TEXT AMENDMENT (REVIEW PROCESS FOR ADMINISTRATIVE CONDITIONAL USE UNENCLOSED PORCH OBSTRUCTION IN REQUIRED FRONT YARD SETBACK) July 2, 2007 Page 2 These changes to Section 14 ofthe Zoning code are necessary to enact administrative review for these porches: 1. Permission for unenclosed front porches encroaching into the front yard as a conditional use would be removed from the duties of the Planning & Zoning Commission. 2. Permission for unenclosed front porches encroaching into the front yard would be established as a duty of the Director of Community Development subject to administrative review and hearing. 3. Section 14.203.F.2 would be amended to note that except for 14.316, the Planning and Zoning Commission will convene hearings for conditional uses. 4. Section 14.316 would be created to treat unenclosed front porches encroaching into the front yard as a separate entity. It would include standards, process for review and appeal. The Planning and Zoning Commission noted that there has been an increase in the number of requests to construct unenclosed porches over the years, and that the P&Z has approved all of the requests that have come before them. There was minor discussion on how the review process would proceed if the porch was administratively denied: that the Petitioner could appeal to the P&Z. The Commission commented that the proposed text amendment would make the permit process more 'user-friendly'. The P&Z voted 5-0 to recommend that the Village Board approve the text amendment for case PZ-24-07 which would allow administrative review of unenclosed porches in the required front yard setback to encroach up to 5'. Please forward this memorandum and attachments to the Village Board for their review and consideration at their July 17,2007 meeting. Staff will be present to answer any questions related to this matter. MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-23-07 Hearing Date: June 28, 2007 PETITIONER: The Village of Mount Prospect PUBLICATION DATE: June 13, 2007 REQUEST: Text Amendment; Outdoor Dining Requirements MEMBERS PRESENT: Richard Rogers, Chairperson Leo Floros Marlys Haaland Mary McCabe Ronald Roberts MEMBERS ABSENT: Keith Youngquist Joseph Donnelly STAFF MEMBER PRESENT: Judith Connolly, AICP, Senior Planner Ellen Divita, Deputy Director of Community Development Jason Zawila, Long Range Planner Chairman Richard Rogers called the meeting to order at 7:37 p.m. Marlys Haaland moved to approve the minutes of the May 24, 2007 meeting and Ronald Roberts seconded the motion. The minutes were approved 5-0. After hearing nine previous cases, Chairman Rogers introduced Case PZ-24-07, a request for a Text Amendment at 10:42p.m. Ellen Divita, Deputy Director of Community Development stated that the Village of Mount Prospect regulations (Section l4.202.BA) allow for the Planning and Zoning Commission to approve a conditional use permit for unenclosed front porches that encroach up to five (5) feet in the required front yard setback. This amendment proposes a change to allow unenclosed porches in the required front yard with "administrative review and approval" from the Director of Community Development. Neighbors would still receive written notice of the proposal with the date and time of the administrative hearing. Staff would continue the same level of review and base recommendations on materials and design and safety concerns such as potential site obstructions. Administrative review would reduce approval time and costs for our residents, and free up the Planning and Zoning Commission agenda. Ms. Divita said in 2001 the Village Board approved changes to the Village Code creating provisions for an unenclosed porch to be constructed on an existing house in the required front yard. The approval process entailed applying for a Conditional Use permit and limiting the encroachment to 5-feet into the required front yard, with the condition that the porch remains unenclosed. The application was reviewed by Staff, then forwarded to the then Zoning Board of Appeals (the precursor to the Planning & Zoning Commission). A Public Hearing was held and the ZBA made a recommendation to the Village Board; the Village Board's decision was final. The zoning approval process took between 90 to 120 days, depending on meeting dates, and then the applicant would apply for a building permit. In 2004 the Village Board approved a code change that allowed the Planning and Zoning Commission's decision to be final for unenclosed porches. This change shortened the approval process for the applicant. It currently takes between 30 to 60 days to get zoning approval for an unenclosed porch. Once the P&Z approves the request, the applicant may apply for a building permit. Richard Rogers, Chairman Planning & Zoning Commission Meeting June 28, 2007 PZ-24-07 Page 2 Ms. Divita said since the Village Code was changed in 2004, the Village has received 20 Conditional Use applications for unenclosed porches and all have been approved. Staff recommendation and the Commission decisions have been based on whether quality materials were being used, confirming the encroachment would not create a sight obstruction, and whether the design blended with the existing house and neighboring houses. Ms. Divita stated that in considering the upcoming revisions for the Village zoning ordinance at their April 10, 2007 Committee of the Whole Meeting, the Village Board agreed that further streamlining this process makes sense. At the April 26, 2007 Planning and Zoning Commission meeting, Commissioners agreed this makes sense. Staff has met with the Village Attorney to identify this proposed process. As presented here, it most resembles the process used for minor variances and includes a public notice and hearing component and due process with appeals to be heard by the Planning and Zoning Commission. Currently administrative hearings are used for the Director of Community Development to consider "Minor Variations." She said the review process for a front porch within the required front yard setback cannot however be considered a variation because: 14.203.C.9.b. "The conditions upon which an application for a variation are based are unique to the property for which the variation is sought and are not generally applicable to other property within the same zoning classification." Ms. Divita stated that virtually all homes in the Village are set back thirty feet from the front property line so this is not a unique situation. Rather, unenclosed front porches in the required front yard are one of the two situations which qualify as a "conditional use:" 14.203.F.1.b. "Uses entirely private in character but of a nature that their operation may present a different impact upon adjoining properties or the neighborhood in general." Ms. Divita said that currently Conditional Use approval may only be granted by the Village Board, and in the case of front porches, conditional uses approval is granted by the Planning and Zoning Commission. The Village Attorney has advised to leave this system in tact and to create 14.316 as a special category to allow administrative review of unenclosed front porches in the required front yard. This new process will be referred to as an "Administrative Conditional Use" and follows: · Requests would be reviewed by Staff for conformance to Standards including lack of site obstruction, materials, design, and aesthetics. . Notices would be mailed to neighbors within 100' ofthe Subject Property. . A Public Hearing sign would be posted on the Subject Property. · A Staff Report would be prepared and presented at an open hearing. . The approval process would take approximately 3 weeks and the Director of Community Development's decision is final, but may be appealed to the P&Z. Ms. Divita said Section 14.203.D.8.b of the Village Code lists standards for the P&Z to consider for text amendments to the Zoning Code. These standards relate to: . The general applicability of the amendment to the community, rather than an individual parcel; · Consistency of the amendment with objectives of the Zoning Code and Comprehensive Plan; . The degree to which the amendment would create non-conformity; · The degree to which the amendment would make the Zoning Code more permissive; and Richard Rogers, Chairman Planning & Zoning Commission Meeting June 28, 2007 PZ-24-07 Page 3 . Consistency of the amendment with Village policy as established by previous rulings. Ms. Divita stated that the proposal to amend the Village's existing process of reviewing of unenclosed front porches would be applicable on a community-wide basis and would be consistent with the Village's previous requirements, maintaining health and safety for the neighbors at large. Ms. Divita said the proposed text amendment meets the standards contained in Section 14.203.D.8.b of the Zoning Ordinance. Based on these findings, Staff recommends that the Planning & Zoning Commission approve the following motion: "To approve the text amendments as outlined above for Case Number PZ-24-07 which would allow administrative review of unenclosed porches in the required front yard setback to encroach up to 5-feet. The Village Board's decision is final for this case. She stated that the Village Board's decision is final for this case. Mr. Roberts asked if the encroachment was greater than 5-feet, the case would still need to come before the Planning and Zoning Commission. Ms. Divita confirmed and stated in addition, that if the porch was also part of another zoning case, it would come before the Planning and Zoning Commission, rather than sort the porch out from the zoning case. Mary McCabe stated she had a question regarding item HI in the Staff memo. She asked about the verbiage allowing the permit to be revoked without final action from the Village Board. Ms. Divita stated the new process combined the notice component of a variation and the standards and process of a conditional use. Mr. Roberts clarified that the eighteen month standard is existing language and there is no change; he clarified that revocation of the Conditional Use comes from the Village Board if the project has not been significantly completed within 18 months or no further action taken to extend the conditional use permit. Ms. Divita stated his interpretation is correct. Chairman Rogers closed the public hearing at 11 :00 p.m. Leo Floros made a motion to approve a Text Amendment, Case Number PZ-24-07. Mary McCabe seconded the motion. UPON ROLL CALL: AYES: Floros, Haaland, Roberts, McCabe, Rogers NAYS: None Motion was approved 5-0. Ronald Roberts made a motion to adjourn at 11 :04 p.m., seconded by Mary McCabe. The motion was approved by a voice vote and the meeting was adjourned. H:\PLAN\Planning & Zoning CQMM\P&Z 2007\Minutes\PZ.24-07 Tcxt Amend Front Porch Admin Cond Use.doc cfll" bh 7/12/07 mla 7/10/07 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 14 (ZONING) OF THE VILLAGE CODE OF MOUNT PROSPECT WHEREAS, the Petitioner (the President of the Village of Mount Prospect) has filed an application for certain text amendments to Articles II and III of Chapter 14 (Zoning), of the Village Code of Mount Prospect to amend various regulations; and WHEREAS, the Petitioner seeks amendments to the following sections of the Village Code: Section 14.202 ADMINISTRATIVE BODIES AND SPECIFIC DUTIES Section 14.202 DIRECTOR OF COMMUNITY DEVELOPMENT Section 14.203 PROCEDURES FOR ADMINISTRATIVE FUNCTIONS and; WHEREAS, the Petitioner seeks to amend Article III by creating a new Section14.316 entitled "Unenclosed Porches in the Required Front Yard Setback"; and WHEREAS, a Public Hearing was held on the proposed amendments, being the subject of PZ-24-07, before the Planning and Zoning Board Commission on June 28, 2007, pursuant to due and proper legal notice having been published in the Mount Prospect Journal & Topics on the 13th day of June, 2007; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the President and Board of Trustees of the Village of Mount Prospect and the President and Board of Trustees of the Village have considered the requests being the subject of PZ-24-07. 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 ONE: The recitals set forth are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO' Section 14.202.B, entitled "Administrative Bodies and Specific Duties" of Chapter 14, as amended, is hereby further amended by deleting Subsection 14.202.B.1 in its entirety. SECTION THREE: Section 14.202.C, entitled "Administrative Bodies and Specific Duties" of Chapter 14 as amended, is hereby further amended by inserting a new Section 14202.C.10 which shall read as follows: "10. Conduct Administrative hearings to allow an unenclosed front porch to encroach five (5) feet into the required front yard setback." SECTION FOUR: Section 14.203.F.2, entitled "Procedures for Administrative Functions" of Chapter 14, as amended, is hereby deleted and replaced by a new Subsection 14.203.F.2, which shall read as follows: "2. Authority: Except as otherwise provided in Section 14.316, the Planning and Zoning Commission shall convene a public hearing on a conditional use application. The Planning and Zoning Commission shall prepare findings of fact based on evidence presented addressing required standards, and submit a recommendation on an application to the Village Board for their review and final decision." -""" ~ Ch. 14, Text Amendment - Zoning Page 2/4 SECTION FIVE' Article III, entitled "General Provisions" of Chapter 14, as amended is hereby further amended by inserting a new Subsection 14.316 which shall read as follows: "14.316: "UNENCLOSED PORCHES IN THE REQUIRED FRONT YARD SETBACK A. Action By Director Of Community Development: The Director of Community Development shall hear and decide as final administrative authority, petitions for unenclosed porches in the required front yard setback. Petitions which require review by the Planning and Zoning Commission for additional relief shall be decided by the Planning and Zoning Commission. S. Petitions: With respect to petitions for unenclosed porches in the required front yard setback, the Director of Community Development shall make findings of fact based on the petition and public input according to the following standards: 1. Whether a site line obstruction will be created. 2. Whether materials used in construction of the porch will be consistent with the remainder of the structure. 3. Whether the design blends with the existing structure and neighboring homes. 4. Whether the proposed porch is in character with the neighborhood. C. Filing Of Applications: An application for an unenclosed front porch in the required front yard setback shall be filed with the Director of Community Development on forms obtained from the Community Development Department. Such form shall include all information necessary for processing the request, including, but not limited to, legal description of subject property, survey, site plan, description of building materials, appropriate proof of ownership or other authority to file the application. The application shall be filed with the appropriate fee as forth in Appendix A, Division II. D. Hearings: Administrative hearings shall be held only for unenclosed porches in the required front yard setback and must be in compliance with the provisions of this section. 1. Upon receipt of an application for unenclosed porches in the required front yard setback, the Director of Community Development shall review the application for completeness and assign a case number to the request. 2. For all applications for an unenclosed porch in the required front yard setback, the applicant shall provide to the department of community development a list of all owners of record of property lying within one hundred feet (100'), of the subject property. The applicant shall attest in writing that the list of property owners is true and accurate. The Director of Community Development shall cause a copy of the public notice to be mailed to all property owners on the list no more than thirty (30) days nor less than seven (7) days prior to the hearing. 3. An administrative notice shall contain the case number assigned to the application, the address of the property, a brief statement on the nature of the request, the name and address of the property owner, the petitioner and their legal representative, and the date, time and location of the administrative hearing. 4. For all applications for unenclosed porches in the required front yard setback, the Director of Community Development shall also cause one or more signs to be posted on the subject property. ," Ch. 14, Text Amendment - Zoning Page 3/4 5. The number and location of signs shall be determined by the Director of Community Development. 6. The sign must be a minimum of thirty inches by thirty inches (30" x 30") in size, having letters a minimum of two inches (2") high, and contain the following information: a. That an administrative hearing that affects the subject property will be held, with direction to interested members of the general public to call the Community Development Department for further information concerning date, time and place and subject matter of said administrative hearing. b. Any interested person may appear and be heard at the hearing and such appearance may be made in person, by agent (if a corporation), or in writing. E. Standards: No front porch in the required front yard shall be approved by the Director of Community Development unless it is found: 1. That the establishment, maintenance, or operation of the conditional use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare; 2. That the conditional use will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located; 3. That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district; 4. That the porch as designed is unenclosed and does not encroach more than five (5) feet into the required front yard; 5. That no site line obstruction will be created; 6. That building materials will be consistent with the remainder of the structure; 7. That the design blends with the existing structure and neighboring homes; and, 8. That the proposed porch is in character with the neighborhood. F. Appeal Of Director Of Community Development Decision: Any individual may file an appeal of the decision of the Director of Community Development regarding an administrative conditional use with the planning and zoning commission. Such appeal shall be filed with the Director of Community Development within five (5) calendar days of the director's decision. G. Conditions And Guarantees: In all cases where an administrative conditional use is granted, and conditions regulating the use are established as described in subsection E of this section the Director of Community Development shall require such evidence and guarantees as it may deem necessary as proof that the conditional use complies with all regulating conditions. H. Conditional Use Revocation: 1. In any case where the construction of an approved front porch encroaching into the required front yard setback is not substantially underway, or building commenced within one year from the date of approval, and completed within eighteen (18) months, then, without further action by the village board, the conditional use or authorization shall be null and void. .... Ch. 14, Text Amendment - Zoning Page 4/4 2. This Conditional use may be revoked by the Director of Community Development if the porch constructed on the site does not conform to the established conditions for approval. Any decisions by the Director of Community Development may be appealed to the Planning and Zoning Commission as prescribed in Section 14.202.B.3. SECTION SIX: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION SEVEN: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this th day of July, 2007. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\files\WIN\ORDINANC\Text Amend Ch 14zoningpz-24-07unenclosedporches.doc Village of Mount Prospect Community Development Department MEMORANDUM FROM: MICHAEL E. JANONIS, VILLAGE MANAGER DIRECTOR OF COMMUNITY DEVELOPMENT TO: DATE: JULY 11,2007 RESOLUTION ACCEPTING TITLE TO PROPERTIES LOCATED AT 902 ARDYCE LANE AND 608 MEIER ROAD SUBJECT: Attached to this memorandum is a resolution that allows the Village to accept title to two properties located at 902 Ardyce Lane and 608 Meier Road. Both properties are improved with dry detention basins that were developed as part of the Westgate Garden Subdivision (1976) and St. Cecilia Subdivision (1978). At the time that these subdivisions were approved, no homeowner's association was formed and the developer, a limited liability corporation (LLC), maintained ownership of these parcels. The LLC no longer exists and the properties are not being maintained and the property taxes are not being paid. The Village has been maintaining the properties through our property maintenance program, but since there isn't an owner to bill for this service, the Village is ultimately stuck with this expense (approximately $400 per cutting). If we accept ownership of the properties, we can include them in the overall lawn mowing contract that applies to Village properties which would cost approximately $1,500 per year. Staff is therefore recommending that the Village accept title to the properties to ensure that they are properly maintained and that they are not acquired by another individual through a tax sale. Please forward this memorandum and attached resolution to the Village Board for their review and consideration at their July 17th meeting. Staff will be at the meeting to answer any questions related to this matter. H:\ADMN\B I LL \MEMOS\detentionbasins.doc A 902 Ardyce Lane . Village of Mount Prospect o 2,800 5,600 Feet I 8,400 11,200 co <0 V 0 ~I 0 0 0 0 0 ~ 0 0 0 N C; N N N N 501 (J) It) <'> (J) ,.... It) <'> ~ (J) ,.... It) <'> N N N N ~ ~ ~ ~ ~ 0 0 0 0 N N ~ ~ ~ N N N N ~ ~ ~ N - N N N N N N N MARK TER 503 t---- ~ N 0 co <0 N 0 ~ v ~ ~ 0 0 0 C; ,.... It) <'> C; N N N N N ~ N 0 0 0 505 It) 717 N N N 0 0 0 0 N N N N ~~ <116 555 507 ,:>~'l- JODY CT ~/ 559 '/.0'/.0 508 509 fJ~'O <'> v N 0 2(),\1?> .-:-- ~ <'> ~ (J) 0 ~ ~ ~ 0 ~ 0 0 SULLIVAN C 510 tV ~ N ~ ~ N ~ 511 N N N N - 540 N ~ I- 563 2016 512 u 513 (/) 544 N - 6 <0 V N 0 co <0 V 0 0 <oJ: ~ 0 ~ ~ ~ ~ 0 0 0 N 0 567 0 ...J N ~ N ~ ~ N 514 N N N N N ~ ., 515 N N N N 548 .> I--- 571 tJ 516 LAWRENCE LN 517 f- , 518 0 601 608 0 600 601 600 0 N 625 520 602 603 602 603 600 604 605 ~ 605 604 0 z 0 635 602 ...J N 0:: ...J () 606 0:: 607 606 0 607 0 603 0 UJ <( 0:: I- ::i 604 <( ... :r: U u 'C 608 0 <( 609 608 UJ 609 605 0 u 606 ... z I- 645 C 610 610 (/) - 611 611 610 (D 607 I-- gJ 612 608 0 612 613 612 613 609 C C; :;, 614 (J) lO"(;) ~ Co 615 614 615 614 701 C ~ 6'77 - -< 616 PRENDERGAST LN <D 700 ,.... It) <'> ~ (J) 0 0 0 0 ~!? 701 ~ 0 ~ N N ~ ~ N N N <'> g ~ N 0 702 ,.... 703 109 704 0 705 0:: 711 0:: 706 UJ W z 707 ::2: 712 ...J 713 (/) 708 0: 709 702 714 :r: 715 u 710 700 ) 711 716 717 0 719 0 (J) 718 ~ N 0 ~'" 2004 0 0 0 0 I ?,? N N <0 ..... I ,," cD 608 Meier Road o 170 340 Feet 510 680 - I I 1 I 1 1 ~ ~ a ~ N ~ 1009 ~ ~ I- ?J ~ ~ HARVEST LN 306 ~ 305 !:)~ 100? - GJ ,,'5 l() l() 304 305 304 a a a r-- co 303 a a '<t C') l() '<t '<t <0 a a a a N N N 303 302 303 302 a a ~ ~ ~ --- ~ ~ ~ ~ ~ 30'2- 301 "Yc. 30\ 300 301 300 300 ~ '2-'2-~ CARDINAL LN ~ 209 218 208 '2-'2-'0 ~ '2-'2-3 ~ ~ C') l() r-- 217 a a a a 309 :::! a a a a w 207 216 ~ ~ ~ ~ '2-'2-t. '2-'2-\ Z 215 307 205 214 '2-'2-'2- ,,~ I- 305 '" > 213 a N '<t <0 0 "- a 203 212 <( a a a a 0 ..... a a a '2-'2-0 CV 0 ~ ~ ~ ~ Z ~ 303 ii: 211 210 w 0 '1-,,'0 201 /' 301 209 CALLERO CIR "lV?'; 208 ;y 1"- r-- 207 ~ a 207 l() a CV C') a ~ 0 a a 205 a ~ a ~ ~ <OS --------- 203 <0 0 a C') ~ N N a 202 ) N 201 J '0'1-'0 a N '<t I la El N '<t a a a <0 N '<t <0 a a a a a a a a Ol Ol ~ ~ ~ a a a a a ~ ~ ~ ~ N ~ ~ ~ ~ ~ ~ I 900 f'-.. ARDYCE LN ~ C') l() r-- ~ C') l() r-- Ol ~ C') l() ~ ~ a a a a a r-- a a a a a a a a a a a Ol Ol Ol Ol ~ a a ~ a ~ ~ ~ ~ N ~ ~ ~ ~ ~ ~ ~ ~ a CENTENNIAL DR a a Ol a a ~ C?J":>() N co ~ a ~ ~ 6 ~ a a ~ 902 Ardyce Lane o 160 320 Feet 480 640 RESOLUTION NO. A RESOLUTION TO AUTHORIZE THE VILLAGE OF MOUNT PROSPECT TO ACCEPT TITLE TO CERTAIN PROPERTY DONATED TO THE VILLAGE OF MOUNT PROSPECT - 902 ARDYCE AND 608 MEIER LANES WHEREAS, the Village of Mount Prospect is a home rule municipality and pursuant to the Illinois Constitution, Article VII, Section 8, has certain powers which it is exercising; and WHEREAS, the corporate authorities of the Village of Mount Prospect have determined that the best interests of the Village of Mount Prospect would be best served by acquiring title to the following real property ("Property"): Commonly known as: 902 Ardyce Lane; Mount Prospect, Illinois, 60056; and Commonly known as: 608 Meier Lane, Mount Prospect, Illinois; The legal descriptions of which are set forth in Exhibits A and B, as hereafter described; and WHEREAS, Loras, Inc., an Illinois corporation, is the owner of record of the Property, and has agreed to donate said Property to the Village of Mount Prospect at no cost. NOW, THEREFORE, BE IT ORDAINED, BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: Each of the Whereas paragraphs above are incorporated by reference into this Section 1 and made a part hereof as material and operative provisions of this Resolution. SECTION TWO: The Village of Mount Prospect agrees to accept the donation of the Property and receive fee simple title to the Property. SECTION THREE: The Quit-Claim Deeds, transferring to the Village of Mount Prospect the Property located at 902 Ardyce Lane and 608 Meier Road, Mount Prospect, Illinois, copies of which are attached as "Exhibits A and B", are hereby approved for appropriate execution and recording. Such Quit-Claim Deeds, along with their legal descriptions, are incorporated into, and made a part of this Resolution. SECTION FOUR: Upon passage and approval of this Resolution by the appropriate vote of the corporate authorities, the Village Manager and Village Clerk are authorized and directed to execute and deliver such other instruments and documents as may be necessary or convenient to consummate the transfer of title to the Property to the Village of Mount Prospect, and the Village Clerk is hereby authorized and directed to file a certified copy of this Resolution, together with a copy of the Quit-Claim Deeds conveying title to 902 Ardyce Lane and 608 Meier Road, Mount Prospect, Illinois, to the Village of Mount Prospect, with the Cook County Recorder of Deeds. k:. AYES: NAYS: ABSENT: PASSED AND APPROVED this day of July, 2007. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk C:\Documents and Settings\BHill\Local Settings\Temporary Internet Files\OLKEC\landdonationtovillagejuly2007.doc RESOLUTION NO. A RESOLUTION TO AUTHORIZE THE VILLAGE OF MOUNT PROSPECT TO ACCEPT TITLE TO CERTAIN PROPERTY DONATED TO THE VILLAGE OF MOUNT PROSPECT - 902 ARDYCE AND 608 MEIER LANES WHEREAS, the Village of Mount Prospect is a home rule municipality and pursuant to the Illinois Constitution, Article VII, Section 8, has certain powers which it is exercising; and WHEREAS, the corporate authorities of the Village of Mount Prospect have determined that the best interests of the Village of Mount Prospect would be best served by acquiring title to the following real property ("Property"): Commonly known as: 902 Ardyce Lane; Mount Prospect, Illinois, 60056; and Commonly known as: 608 Meier Lane, Mount Prospect, Illinois; The legal descriptions of which are set forth in Exhibits A and B, as hereafter described; and WHEREAS, Loras, Inc., an Illinois corporation, is the owner of record of the Property, and has agreed to donate said Property to the Village of Mount Prospect at no cost. NOW, THEREFORE, BE IT ORDAINED, BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: Each of the Whereas paragraphs above are incorporated by reference into this Section 1 and made a part hereof as material and operative provisions of this Resolution. SECTION TWO: The Village of Mount Prospect agrees to accept the donation of the Property and receive fee simple title to the Property. SECTION THREE: The Quit-Claim Deeds, transferring to the Village of Mount Prospect the Property located at 902 Ardyce Lane and 608 Meier Road, Mount Prospect, Illinois, copies of which are attached as "Exhibits A and B", are hereby approved for appropriate execution and recording. Such Quit-Claim Deeds, along with their legal descriptions, are incorporated into, and made a part of this Resolution. SECTION FOUR: Upon passage and approval of this Resolution by the appropriate vote of the corporate authorities, the Village Manager and Village Clerk are authorized and directed to execute and deliver such other instruments and documents as may be necessary or convenient to consummate the transfer of title to the Property to the Village of Mount Prospect, and the Village Clerk is hereby authorized and directed to file a certified copy of this Resolution, together with a copy of the Quit-Claim Deeds conveying title to 902 Ardyce Lane and 608 Meier Road, Mount Prospect, Illinois, to the Village of Mount Prospect, with the Cook County Recorder of Deeds. SASSAN AN DSASSAN ATTORNEYS AT LAW 77'a~n::w;A:ttK1!:p;-p.v~NOE NILES, ILLINOIS 607 I 4 TELEPHONE <8471 966-0400 FACSIMILE (8471 663-9040 ._"~,,~,,,;, ,....\ r...._.............,.... ~e-. ,... "....." ., '.'2" "0li\l, t';'-, (~. . ~. ,". ;' f 'ii'h' ~~.... ' ' "',,' ') ". I .~ Ii . . ~ .' '. I . ~"".," ,'" ., . .' JUL 0 3 7007 I I.. I \.1. DENNIS D. SASSAN June 29, 2007 .JOHN.J. SASSAN Lance C. Malina, Esq. Klein, Thorpe and Jenkins, Ltd. Attorneys at Law 20 N. Wacker Drive, Suite 1660 Chicago, Illinois 60606-2903 f': ~/o1 ~e'198~1 7 II. "r rf.u:-%-s 0+ ~tll~ ~rl(:d//~ (d/ . ~ ;;c!~/' 1 L /) a~~ LJr /c: 1-111-; (7~::;I.'ir'!; :,#r ~ ~1J)/bt,lO ~'/t ~/?~( . Village of Mt. Prospect v. Loras, Inc. Citations # 07-0000031 and # 07-0000033 Re: Dear Lance: Enclosed for your revie~t.~re copies of the Deeds conveying title for 902 Ardyce Lane and 60eMe~er Road, Mo~nt Prospect, Illinois to the Village of Mount Prospect. As I stated during the June 28 hearing, the corporation intends to and is donating these parcels to the Village. If the enclosed copies are acceptable to you, please so inform me. I will have them executed by the corporation, affix the real estate transfer tax exempt certification pursuant to paragraph Band forward the executed Deeds to you for recording. Should you have any questions or comments, please call me. I look forward to speaking with you. Very truly yours, ~~~,&~ DENNIS D. SASSAN DDS:ad Enclosures cc: Loras, Inc. CORPORATION QUIT-CLAIM DEED The Grantor, LORAS, INC., an Illino13 corporation, for and in consideration of the sum of Ten and no/100 Dollars ($10.00), anr. other good and valuable consideratior. in hand paid, CONVEYS and QUIT CLAIMS unto the VILLAGE OF MOUNT PROSPECT, an Illinois MunJ.cipal Corporation, 50 S. Emerson Street, Mount Prospect, Illinois 60056, the following described real estate situated in the County of Cook, in the State of Illinois, to-wit: Lot 38 in Westgate Garden Subdivision, being a Subdivision of part of the Northeast 1/4 of the Southwest 1/4 of Section 35, Township 42 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois, according to the Plat thereof registered in the Office of the Registrar of Titles of Cook County, Illinois, on July 27, 1976, as Document Number 2884063. PIN: 03-35-309-019-0000 Street Address: 902 Ardyce Lane, Mount Prospect, Illinois 60056 Dated this day of July, 2007 LORAS, INC. By: President Attest: Secretary STATE OF ILLINOIS SS -~GOUN.:t.'t-OE.....COOK I, the undersigned, a Notary Public in and for and residing in said County, in the State aforesaid, DO HEREBY CERTIFY that PATRICK K. CALLERO, President of LORAS, INC., and FRANK J. CALLERO, Secretary of said Company, personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act, and as the free and voluntary act of said Company for the uses and purposes therein set forth; and that said Secretary then and there acknowledged that said Secretary as custodian of the corporate seal of said Company did affix the corporate seal of said Company to said instrument as said Secretary's own free and voluntary act and as the free and voluntary act of said Company, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this 2007. day of July, Notary Public My commission expires: This Instrument prepared by: DENNIS D. SASSAN, Attorney at Law 7788 N. Milwaukee Avenue Niles, Illinois 60714 Send Subsequent tax bills to: VILLAGE OF MOUNT PROSPECT 50 S. Emerson Street Mount Prospect, Illinois 60056 After recording MAIL TO: LANCE C. MALINA, Attorney at Law 20 N. Wacker Drive, Suite 1660 Chicago, Illinois 60606-2903 2 ....- CORPORATION QUIT-CLAIM DEED The Grantor, LORAS, INC., an Illinois corporation, for and in consideratio!1 of the sum of Ten and no/100 Dollars ($10.00), and other good and valuable consideration in hand paid, CONVEYS and QUIT CLAIMS unto the VILLAGE OF MOUNT PROSPECT, an Illinois Municipal Corporation, 50 s. Emerson Street, Mcunt Prospect, Illinois 60056, the following described real estate situated in the County of Cook, in the State of Illinois, to-wit: Lot 39 in St. Cecilia Subdivision, being a Resubdivision of Lot 2 and part of Lots 3 and 6 in Meier Brothers Subdivision, being a Subdivision of parts of Sections 10 and 15, Township 41 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois, according to the Plat thereof registered in the Office of the Registrar of Titles of Cook County, Illinois, on December 26, 1978, as Document Number 3067889. De-registration certificate recorded as Document Number 92-654712 in the Office of the Recorder of Deeds of Cook County, Illinois on September 3, 1992. PIN: 08-10-304 -004 -0000 ..-1It, il Street Address: 608 Meier Road, Mount Prospect, Illinois 60056 Dated this day of July, 2007 LORAS, INC. By: President Attest: Secretary STATE OF ILLINOIS SS ---GGYN-IT'-Y-Q.B:-COO-K I, the undersigned, a Notary Public in and for and residing in said County, in the State aforesaid, DO HEREBY CERTIFY that PATRICK K. CALLERO, President of LORAS, INC., and FRANK J. CALLERO, Secretary of said Company, personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act, and as the free and voluntary act of said Company for the uses and purposes therein set forth; and that said Secretary then and there acknowledged that said Secretary as custodian of the corporate seal of said Company did affix the corporate seal of said Company to said instrument as said Secretary's own free and voluntary act and as the free and voluntary act of said Company, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this 2007. day of July, Notary Public My commission expires: This Instrument prepared by: DENNIS D. S~$SAN, Attorney at Law 7788 N. Milwaukee Avenue Niles, Illinois 60714 Send Subsequent tax bills to: VILLAGE OF MOUNT PROSPECT 50 S. Emerson Street Mount Prospect, Illinois 60056 After recording MAIL TO: LANCE C. MALINA, Attorney at Law 20 N. Wacker Drive, Suite 1660 Chicago, Illinois 60606-2903 2 ~ Village of Mount Prospect Community Development Department MEMORANDUM FROM: MICHAEL E. JANONIS, VILLAGE MANAGER DIRECTOR OF COMMUNITY DEVELOPMENT ~. ~-rr, ~ I\~ }01 TO: DATE: JULY 11, 2007 LEASE AGREEMENT FOR CAPANNARIICE CREAM PARLOR IN GENERAL STORE SUBJECT: Attached to this memorandum is a copy of a lease that would extend the agreement with Capannari Ice Cream Company to operate an ice cream parlor in the General Store on Pine Street. The lease would allow Capannari to continue to occupy the entire General Store facility and has a term of five years, with additional five-year options. Capannari will pay the Village $1,350 per month ($18 per square foot) during the first year with annual increases tied to the Consumer Price Index thereafter. Capannari's has successfully operated their ice cream parlor in the General Store for the past 5 years. They have been a great addition to the downtown and continue to be one of the biggest draws to the downtown area. The attached lease allows them to continue their operation and further clarifies each party's responsibilities for the building and property. Please forward this memorandum and attached lease to the Village Board for their review and consideration at their July 17th meeting. Staff will be at the meeting to answer any questions related to this matter. H :\ADMN\BILL \MEMOS\capannarilease-061907 .doc LEASE AGREEMENT DOWNTOWN GENERAL STORE - RETAIL SPACE This Lease Agreement (the "Lease") is dated as of the _day of , 2007 (the "Effective Date") and is made by and the VILLAGE OF MOUNT PROSPECT, an Illinois municipal corporation whose principal place of business is located at 50 South Emerson Street, Mount Prospect, Illinois (the "Landlord") and CAPANNARI, INC, an Illinois corporation whose principal place of business is located at (the "Tenant"). Landlord and Tenant are together, the "Parties". WITNESSETH. WHEREAS, Landlord and Tenant have entered into a Lease dated March 3, 2001 for the leasing of the building located at 1 0 South Pine Street, Mount Prospect, Illinois (the "Current Lease"). The term of the Current Lease was for five (5) years with 1-5 year option to renewal; and ' WHEREAS, Landlord and Tenant desire to enter into a new lease for the leased premises leased under the Current Lease under new terms and conditions, including rental; and NOW, THEREFORE, in consideration of the Current Lease, the parties hereto agree as follows: 1) CURRENT LEASE. Upon the execution of this Lease, the Parties obligations under the Current Lease shall merge into this Lease and thereafter the Current Lease shall be of no further force and effect. 2) LEASED PREMISES. In consideration of the rentals reserved herein and the agreements made herein by the Parties hereto, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord approximately nine hundred (900) square feet of space in the building, commonly known as the "Downtown General Store" located at 10 South Pine Street, Mount Prospect, Illinois, together with the outside dining area and the parking area appurtenant to the building for the Term and upon the terms, covenants, and conditions set forth herein. The building, outside dining area and parking area appurtenant to the building collectively, the "Leased Premises". 3) USE OF THE LEASED PREMISES. Tenant shall use the Leased Premises for retail sales of ice cream and ice cream related products to the general public benefiting the citizens of the Village of Mount Prospect (the "Use"). 4) TERM. The term of this Lease shall be for five (5) years (the "Term"). The Term shall commence on May 1, 2007 (the "Commencement Date") and shall terminate on April 30, 2012, 5-years from the Commencement Date (the "Expiration Date") . iManage: 193723_1 5) RENEWAL OPTION. Provided the Tenant is not in default hereunder, Landlord grants to Tenant one (1) five year (5-year) renewal option to extend the Term (the "Renewal Option"). The Renewal Option shall be exercisable on written notice by Tenant to Landlord no later than ninety (90) days prior to the Expiration Date ("Renewal Notice"). During the Renewal Option, all provisions of this Lease will be effective, and references to Term will incorporate the Renewal Option. 6) RENT. (A) Tenant shall pay as rental for the Leased Premises the sum of ONE THOUSAND THREE HUNDRED FIFTY DOLLARS ($1,350.00) per month (or a proportionate share thereof for any partial month) for the first year of the Term, payable in advance on the first day of each month of the Term (the foregoing, the "Base Rent"). The first payment of accrued Base Rent shall be due on September 1, 2007. Rental payments shall be forwarded to the attention of the Finance Director, Village of Mount Prospect, 50 South Emerson Street, Mount Prospect, Illinois 60056. (B) Commencing on the second and each successive lease year of the Term, the Base Rent shall be increased by an amount which is determined by multiplying the Base Rent of the just prior lease year (the "Evaluation Year") by a fraction, the denominator of which is the most recently available CPI (hereafter defined) nearest to the Commencement Date, and the numerator of which is the equivalent monthly CPI occurring just prior to January 1st of an Evaluation Year. (For example, if the most recently available CPI nearest to the Commencement Date is 314.5 and the equivalent monthly CPI occurring just prior to the Evaluation Date is 326.8, then the Base Rent would be multiplied by the fraction 326.8/314.5). "CPI" shall mean Consumer Price Index for all Urban Consumers, U.S. City Average, all items (1982-84=100), not seasonally adjusted, published and issued by the Bureau of Labor Statistics of the United States Department of Labor or any other index which replaces current CPI. In no event shall the annual rent increase by more than 5% in anyone year. (C) No payment of rent to or received by Landlord of a lesser amount than the amount required to be paid hereunder shall be deemed to be other than on account of the earliest amount of such obligation then due hereunder. No endorsement or statement on any check or other communication accompanying a check for payment of any amount payable hereunder shall be deemed an accord and satisfaction, and Landlord may accept such check and payment without prejudice to Landlord's right to recover the balance of any sums owed by Tenant hereunder. (D) In the event any sums required hereunder to be paid are not received by Landlord on or before the fifteenth (15th) business day after the date such sum was due, Tenant shall pay, a sum equal to five percent (5%) of the overdue amount. In addition, any amount due hereunder shall bear interest from the date due until paid at a rate equal to twelve percent (12%) per annum. The foregoing shall be deemed additional rent. iManage:193723_1 7) ADDITIONAL CHARGES. Tenant shall pay all water and sewer charges, telephone, gas and electric light and power bills, garbage collection fees and insurance premiums during the Term hereof. Tenant shall make timely payment of all fees and taxes due and owed to the Village of Mount Prospect, including but not limited to, water and sewer charges, food and beverage taxes, sales taxes and business license fees. Tenant's failure to pay such fees and charges within thirty (30) days of their respective due dates shall constitute a default hereunder. 8) TENANT'S HOURS OF OPERATION. Tenant will maintain the following hours of operation: Monday through Friday Saturday Sunday 9:00 AM 9:00 AM 11:00 AM to to to 11:00 PM 11 :00 PM 10:00 PM The above hours may be modified by Tenant only with the prior written consent of the landlord, which consent shall not be unreasonably withheld. 9) STANDARDS OF SERVICE. Tenant will carry out and perform all operations and services in a professional manner and in keeping with high standards for customer service and cleanliness. Tenant will be in default if in the event, in the landlord's reasonable judgment, Tenant is not meeting the foregoing standards and Tenant has not cured such default within ten (10) days of Tenant's receipt of written notice from landlord. 10) LICENSE AND PERMITS. Tenant will obtain all licenses and permits necessary and required to conduct its business required under the terms of this lease and will conduct its business in compliance with all landlord regulations. 11) LEASED PREMISES MAINTENANCE. (A) Unless otherwise provided in this Paragraph, Tenant, at its sole cost and expense, shall keep the leased Premises, appurtenances thereto, and the areas to which Tenant has direct access in a clean, sightly and healthy condition, and in good repair, all according to the statutes and ordinances in such cases made and provided, and the directions of public officers thereunto duly authorized, all at its own expense, and shall yield the same back to landlord upon the termination of this lease, whether such termination shall occur by expiration of the term, or in any other manner whatsoever, in the same condition of cleanliness, repair and sightliness prior to Tenant's installation of furniture, fixtures and equipment and reasonable wear and tear excepted. (B) Tenant agrees to provide all custodial services, daily cleanup, and maintenance of the interior of the Premises and the outdoor dining area, such as sweeping, floor and window washing, debris cleanup, and general cleaning of storage space and toilet areas, and shall provide all labor, supervision, insurance, equipment and cleaning materials necessary to provide general cleaning and maintenance. Tenant will be responsible, at its sole cost and expense, for any changes, repairs or iManage: 193723_1 upgrades of structural, utility (including mechanical, electrical and HVAC systems) and plumbing systems that are necessitated, advisable, desired for, or related to the operation of the Tenant's use hereunder, said changes, repairs or upgrades being subject to the written prior approval of the Landlord. Further, Tenant shall make all necessary repairs and renewals upon Premises and replace broken globes, glass and fixtures with material of the same size and quality as that broken and shall insure all glass in windows and doors of the Premises at its own expense. (C) Landlord's obligations shall include maintaining the grounds around the Premises, other than the outside eating area, to include the parking areas, sidewalks, landscaping and drainage systems on the Premises, said maintenance to. include lawn mowing and snow plowing of parking areas. Landlord shall, at its sole cost and expense, maintain and make all necessary repairs and/or replacements for the upkeep of the roof, roof membrane and roof systems (gutters, downspouts and the like), foundation, exterior walls, interior structural walls, all structural components, and all utility systems (including mechanical, electrical and HVAC systems) and plumbing systems, to the extent necessary to comply with building codes, but such obligation shall not include making any repair or improvement for the purpose of benefiting Tenant's business operations, or necessitated or caused by the negligence or willful misconduct of Tenant, its officers, agents and assigns. (D) If Tenant fails to perform Tenant's obligations under this Section, Landlord may, but shall not be required to, enter upon the Premises, after thirty (30) days prior written notice to Tenant, and put the same in good order, condition and repair, and the reasonable costs thereof shall become due and payable as additional rent to Landlord together with Tenant's next Base Rent installment falling due after Tenant's receipt of an invoice for such costs. In such case, Landlord may enter the same, himself or by his agents, servants or employees, without such entering causing or constituting a termination of this Lease or an interference with the possession of the Premises by Tenant. This reimbursement obligation of Tenant shall survive the termination or expiration of this Lease. 12) ACCESS TO PREMISES. Tenant shall have the right to access to such portions of the General Store outside the Premises as are necessary to enable Tenant to exercise its rights under this Lease. 13) LANDLORD' RIGHTS. Landlord shall have the following rights, exercisable without notice and without liability to Tenant for damage or injury to property, person or business and without effecting an eviction or disturbance of Tenant's use or possession or giving rise to any claims for setoffs or abatement of rent, except as set forth herein: to establish or change the name, designation or street address of the Premises; to install and maintain signs on any part of the Premises or outside the Premises; to enter the Premises in an emergency, using such force as is reasonably necessary; to make such inspections and required repairs of the Premises as are reasonably necessary; and to make repairs, additions or alterations to the Premises; to do or permit to be done any work on or about the exterior of the Premises. Landlord and iManage:193723_1 Landlord's agents shall have the right to enter the Premises upon twenty-four (24) hours prior written notice for the purpose of showing the same to prospective purchasers or lenders. 14) CONDITION ON POSSESSION. Tenant has been in possession of the Premises under the Current Lease and knows the condition of the Premises and has received the same in good order and repair, and acknowledges that no representations as to the condition and repair thereof, and no agreements or promises to decorate, alter, repair or improve the Premises, have been made by Landlord or his agent prior to or at the execution of this Lease that are not herein expressed. Tenant shall obtain any necessary permits prior to possession of the property from Landlord. The fire department and building department will be responsible for determining the maximum number of persons the facility can occupy and this number shall be posted and received prior to any occupancy permit being issued. 15) COMPLIANCE WITH LAWS. Tenant shall comply with all federal, state, county and municipal laws and ordinances, including the following: a.) the Americans with Disabilities Act; and b.) the provisions of the EQUAL EMPLOYMENT OPPORTUNITY CLAUSE required by the Illinois Department of Human Rights as a material term of all public contracts, which states as follows: SEE EXHIBIT A, ATTACHED HERETO AND MADE A PART HEREOF. 16) INDEMNIFICATION. Tenant agrees to indemnify and hold harmless the Landlord, its officers, agents and employees from any and all liability, losses or damages including attorney's fees and costs of defense the Landlord may suffer in any way resulting from or arising out of the operation of the Tenant's use or the activities of Tenant, its employees, agents and assigns under the Lease, except as a result of the sole negligence of the Landlord, its officers, agents or employees, and Tenant will, at its own expense, appear, defend and pay all fees of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith; and if any judgments will be rendered against the Landlord, its officers, agents or employees in any such action, Tenant will, at its own expense, satisfy and discharge the same except that Tenant will not defend, indemnify and/or save harmless the Landlord, its officers, agents or employees, from and against the Landlord's sole negligence or that of its officers, agents or employees. This indemnity shall survive termination of this Lease only as to claims arising out of events that occur prior to termination of this Lease. 17) INSURANCE. Tenant agrees to obtain at is own cost and expense, and to keep in full force and effect during the term of this Lease, and any extensions, general liability insurance in the amount of $1,000,000 single claim and $3,000,000 aggregate from an insurance carrier having at least an "An rating as defined in A.M. BEST'S Key Rating Guide. Upon the execution of this Lease, the Tenant will provide the Landlord with a copy of the certificate and premium bill evidencing Tenant's insurance and naming the iManage: 193723_1 Landlord as an additional insured. Such insurance is primary and in no event will be considered contributory to any insurance purchased by the Landlord. Additionally, Tenant will provide the Landlord with a letter from the insurance carrier that the Landlord will be notified within ninety (90) days of the pending cancellation of any policy relating to this Lease. 18) TENANT NOT TO MISUSE. Tenant will not permit any unlawful or immoral practice, with or without his knowledge or consent, to be committed or carried on in the Premises by himself or by any other person. Tenant will not allow the Premises to be used for any purpose that will increase the rate of insurance thereon, nor for any purpose other than that herein specified. Tenant will not keep or use or permit to be kept or used in or on the Premises or any place contiguous thereto any hazardous materials (as defined in all federal, state and local environmental laws, rules and regulations), flammable fluids or explosives, without the written permission of Landlord first had and obtained. Tenant will not load floors beyond the floor load rating prescribed by applicable municipal ordinances. Tenant will not use or allow the use of the Premises for any purpose whatsoever that will injure the reputation of the Premises or any part thereof. Tenant shall not cause or permit any waste, misuse or neglect of the water, or of the water, gas or electric fixtures. 19) NON-LIABILITY OF LANDLORD. Except as provided by Illinois statute, Landlord shall not be liable to Tenant for any damage or injury to him or his property occasioned by the failure of Landlord to keep the Premises in repair, and shall not be liable for any injury done or occasioned by snow, wind, excessive heat or cold, broken glass, sprinkling, heating, ventilating or air conditioning systems, devices or equipment, flooding, or by or from any defect of plumbing, electric wiring or of insulation thereof, gas pipes, water pipes or steam pipes, or from broken stairs, porches, railings or walks, or from the backing up of any sewer pipe or down-spout, or from the bursting, leaking or running of any tank, tub, washstand, water closet or waste pipe, drain, or any other pipe or tank in, upon or about the Premises or any part thereof, nor from the escape of steam or hot water from any radiator, it being agreed that said radiators are under the control of Tenant, nor for any such damage or injury occasioned by water, snow or ice being upon or coming through the roof, skylight, trap-door, stairs, walks or any other place upon or near the Premises, or otherwise, nor for any such damage or injury done or occasioned by the falling of any fixture, plaster or stucco, all claims for any such damage or injury being hereby expressly waived by Tenant. 20) HEAT. Landlord does not warrant that the heating service will be free from interruptions caused by strike, accident or other cause beyond the reasonable control of Landlord, or by renewal or repair of the heating apparatus in the Premises. Any such interruption shall not be deemed an eviction or disturbance of Tenant's use and possession of Premises, nor render Landlord liable to Tenant in damages. All claims against Landlord for injury or damage arising from failure to furnish heat are hereby expressly waived by Tenant. iManage:193723_1 21) FIRE AND CASUAL TV. In case the Premises shall be rendered untenantable by fire, explosion or other casualty, Landlord may, at its option, terminate this Lease or repair the Premises within one hundred and eighty (180) days. If Landlord does not repair the Premises within said time, or the building containing the Premises shall have been wholly destroyed, the term hereby created shall cease and terminate. 22) PROPERTY TAXES. (A) Definition of "Real Property Taxes." For purposes of this Lease, the phrase "Real Property Taxes" shall include general real estate taxes and assessments payable with respect to the Property which are imposed by any authority having the power to tax any legal or equitable interest of Landlord or Tenant in or on the Premises, specifically including any tax on the leasehold interest created under this Lease; provided, however, that assessments shall be prorated and divided into the maximum number of installments permitted by law and only the current portion shall be included in Real Property Taxes for any Lease Year. Notwithstanding the foregoing, Real Property Taxes shall not include (i) any inheritance, estate, succession, transfer, gift, franchise, or capital stock tax; (ii) any income taxes arising out of or related to ownership and operation of income-producing real estate; (iii) any excise taxes imposed upon Landlord based upon gross or net rentals or other income received by it; or (iv) assessments Iiened against the Property prior to the Commencement Date. (8) Payment of Real Property Taxes. For each Lease Year, Landlord shall pay the Real Property Taxes as such taxes become due and payable during the Term (as defined in Section 4), prorated for the first and last years of the Term. 23) REMOVAL OF LIENS. In the event any lien upon Landlord's title results from any act or neglect of Tenant, and Tenant fails to remove said lien within ten (10) days after Landlord's notice to do so, Landlord may remove the lien by paying the full amount thereof or otherwise and without any investigation or contest of the validity thereof, and Tenant shall pay Landlord upon request the amount paid out by Landlord in such behalf, including Landlord's costs, expenses and attorneys fees. 24) LANDLORD'S REMEDIES. (A) Tenant's Close of Operations. If Tenant intends to close its operation, for any reason, except for a temporary closing for an emergency as set forth in this Section, it must notify the Landlord in writing one hundred and twenty (120) days prior to shutting down. If Tenant must cease operation as a result of an emergency, it must notify the Landlord as soon as possible of the reason and the anticipated duration. The Landlord may terminate the Lease immediately if Tenant closes for seven (7) days, subject to exception due to force majeure, casualty, condemnation and remodeling, and fails to reopen within twenty (20) days after receiving written notice from the Landlord. Tenant's right to the possession of the Premises thereupon shall terminate with or (to the extent permitted by law) without any notice or demand whatsoever, and the mere retention of possession thereafter by Tenant shall constitute a forcible detainer of the iManage: 193723_1 Premises; and if the Landlord so elects, but not otherwise, and with or without notice of such election or any notice or demand whatsoever, this Lease shall thereupon terminate, and upon the termination of Tenant's right of possession, as aforesaid, whether this Lease be terminated or not, Tenant agrees to surrender possession of the Premises immediately, without the receipt of any demand for rent, notice to quit or demand for possession of the Premises whatsoever, and hereby grants to Landlord full and free license to enter into and upon the Premises or any part thereof, to take possession thereof with or (to the extent permitted by law) without process of law, and to expel and to remove Tenant or any other person who may be occupying the Premises or any part thereof, and Landlord may use such force in and about expelling and removing Tenant and other persons as may reasonably be necessary, and Landlord may re-possess himself of the Premises as its former estate, but such entry of the Premises shall not constitute a trespass or forcible entry or detainer, nor shall it cause a forfeiture of rents due by virtue thereof, nor a waiver of any covenant, agreement or promise in this Lease contained, to be performed by Tenant. Tenant hereby waives all notice of any election made by Landlord hereunder, demand for rent, notice to quit, demand for possession, and any and all notices and demand whatsoever, of any and every nature, which mayor shall be required by any statute of this state relating to forcible entry and detainer, or to landlord and tenant, or any other statute, or by the common law, during the term of this Lease or any extension thereof. (B) Tenant's Defaults. The occurrence of anyone or more of the following events shall constitute a default and breach of this Lease by Tenant: i. Tenant shall be in default if, after receiving written notice from Landlord, Tenant fails to: (i) pay, within fifteen (15) days after receipt of written notice, any rent or other monetary payment which is past due pursuant to the terms of this Lease; or (ii) cure, within thirty (30) days after receipt of written notice, any breach of any other covenant, conditions, provision or obligation to be performed by Tenant pursuant to the terms of this Lease; provided, if such non- monetary cure cannot reasonably be completed with such thirty (30) day period, Tenant shall have such additional time as may reasonably be necessary, so long as the cure has been commenced within thirty (30) days from the date of such notice, and is thereafter diligently prosecuted to completion. ii. Except as otherwise provided in this Lease, the failure by Tenant to make any payment of Base Rent or any other payment required to be made by Tenant hereunder, as and when due, where such failure shall continue for a period of seven (7) business days after Landlord notifies Tenant in writing of such failure. iManage:193723_1 iii. Tenant's failure to reopen as provided in this Lease; iv. The failure by Tenant to abide by the Village of Mount Prospect's regulations, or observe or perform any of the covenants, conditions, or provisions of this Lease to be observed or performed by Tenant, other than the payment of sums due hereunder, where such failure shall continue for a period of ten (10) days after written notice thereof from Landlord to Tenant; provided, however, that if the nature of Tenant's default is such that more than ten (10) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within such ten (10) day period and thereafter diligently pursues such cure to completion; v. If Tenant shall make an assignment for the benefit of creditors or file a petition in any court for bankruptcy, reorganization, composition or make an application in any such proceeding for the appointment of a trustee or receiver for all or any portion of its property; vi. If any petition shall be filed against Tenant in any bankruptcy, reorganization or insolvency proceedings, and such proceedings are not dismissed or vacated within one hundred twenty (120) days after such petition is filed; vii. If a receiver or trustee shall be appointed under state law for Tenant for all or any portion of the property of Tenant, and such receivership or trusteeship shall not be set aside within ninety (90) days after such appointment. (C) Remedies in Default. In the event of any such uncured default, Landlord may pursue the following remedies in addition to any other remedies available at law or in equity: i. Landlord may terminate Tenant's right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Tenant shall surrender possession of the Premises to Landlord within ten (10) days after written notice from Landlord to Tenant. In such event, Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including, but not limited to, the cost of recovering possession of the Premises, expenses of reletting, including necessary renovation and alteration of the Premises. Any damage or loss of rent sustained by Landlord may be recovered by Landlord, at iManage: 193723_1 landlord's option, at the time of the reletting, or in separate actions, from time to time, as such damages shall have been made easily ascertainable by successive relettings, or at landlords' option in a singl~ proceeding deferred until the expiration of the term of this lease (in which event Tenant hereby agrees that the cause of action shall not be deemed to have accrued until the date of expiration of such term) or in a single proceeding prior to either the time of reletting or the expiration of the term of this lease. ii. landlord may maintain Tenant's right to possession, in which case this lease shall continue in effect whether or not Tenant shall have abandoned the Premises. In such event, landlord shall be entitled to enforce all of landlord's rights and remedies under this lease. iii. Nothing contained herein shall prevent the enforcement of any claim landlord may have against Tenant for anticipatory breach of the unexpired term of this lease. In the event of a breach or anticipatory breach by Tenant of any of the covenants or provisions hereof, landlord shall have the right of injunction and the right to invoke any remedy allowed by law or in equity as if reentry, summary proceedings and other remedies were not provided for herein. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed pursuant to the terms hereof, or in the event of landlord obtaining possession of the Premises by reason of Tenant's default of any of the covenants and conditions of this lease, as set forth herein. (0) Acceptance of rent. The acceptance of rent, whether in a single instance or repeatedly, after it falls due, or after knowledge of any breach hereof by Tenant, or the giving or making of any notice or demand, whether according to any statutory provision or not, or any act or series of acts except an express written waiver, shall not be construed as a waiver of landlord's rights to act without notice or demand or of any other right hereby given landlord, or as an election not to proceed under the provisions of this Lease. (E) Cumulative Remedies. Except where otherwise expressly provided in this lease, no remedy or election hereunder shall be deemed exclusive, but shall, wherever possible, be cumulative with all other remedies at law or in equity and all those specifically provided herein. 25) TERMINATION. At the termination of the term of this lease, by lapse of time or otherwise, Tenant will yield up immediate possession of the Premises to landlord, iManage:193723_1 in good condition and repair, loss by fire and ordinary wear excepted, and in the condition it was in prior to Landlord's installation of furniture, fixtures and equipment, and will return the keys therefor to Landlord at the place of payment of rent. If Tenant retains possession of the Premises or any part thereof after the termination of the term by lapse of time or otherwise, then Landlord may at its option within thirty (30) days after termination of the term serve written notice upon Tenant that such holding over constitutes either (a) renewal of this Lease for one year, and from year to year thereafter, at double the rental (computed on an annual basis) specified in Section 6, or (b) creation of a month to month tenancy, upon the terms of this Lease except at double the monthly rental specified in Section 2, or (c) creation of a tenancy at sufferance, at a rental of 150.00 dollars per day, for the time Tenant remains in possession. If no such written notice is served, then a tenancy at sufferance with rental as stated at (c) shall have been created. Tenant shall also pay to Landlord all damages sustained by Landlord resulting from retention of possession by Tenant. The provisions of this paragraph shall not constitute a waiver by Landlord of any right of re-entry as otherwise set forth in this Lease; nor shall receipt of any rent or any other act in apparent affirmance of tenancy operate as a waiver of the right to terminate this Lease for a breach of any of the covenants herein. 26) COSTS AND FEES. Tenant shall pay upon demand all Landlord's reasonable costs, charges and expenses, including reasonable fees of attorneys, agents and others retained by Landlord, incurred in enforcing any of the obligations of Tenant under this Lease or in any litigation, negotiation or transaction in which Landlord shall, without Landlord's fault, become involved through or on account of this Lease. 27) ASSIGNMENT. Tenant will not assign this Lease or any part of it to any other person, firm or corporation, except affiliates, without the written consent of the Landlord. Tenant shall have the right to sublease the location to a qualified franchisee of Tenant with the written consent of the Landlord, which consent shall not be unreasonably withheld or delayed. Such sublease arrangement shall not relieve Tenant from any Tenant obligations, as set forth in the Lease, including but not limited to, the reasonable quality standards established by the Landlord. The Landlord may look to Tenant should any default arise as a result of actions of a subTenant. 28) NOTICES. Whenever a provision is made under this Lease or by law for any demand, notice or declaration of any kind, or where it is deemed desirable or necessary by either party to give or serve any such notice, demand or declaration to the other party, it shall be in writing and served either personally or sent by United States mail, certified, postage prepaid, or by pre-paid nationally recognized overnight courier service, addressed at the addresses set forth below or at such address as either party may advise the other from time to time. To the Landlord at: Village of Mount Prospect Village Manager 50 S. Emerson Street Mount Prospect, Illinois 60056 iManage: 193723_1 with a copy to: Klein, Thorpe and Jenkins, Ltd. Everette M. Hill, Jr. 20 North Wacker Drive, Suite 1660 Chicago, Illinois 60606 (312) 984-6400 (Telephone) (312) 984-6444 (Fax) To the Tenant at: Capannari's 10 S. Pine Street Mount Prospect, IL 60056 with a copy to: Ken Dix 415 S. I-Oka Mount Prospect, IL 60056 29) RULES. Tenant shall keep and observe such reasonable rules and regulations now or hereafter required by Landlord, which may be necessary for the proper and orderly care of the building of which the Premises are a part. 30) BINDING. All covenants, promises, representations and agreements herein contained shall be binding upon, apply and inure to the benefit of Landlord and Tenant and their respective heirs, legal representatives, successors and assigns. 31) RIGHTS CUMULATIVE. The rights and remedies hereby created are cumulative and the use of one remedy shall not be taken to exclude or waive the right to the use of another. 32) PLURAL AND SINGULAR. The words "Landlord" and "Tenant" wherever used in this Lease shall be construed to mean Landlords or Tenants in all cases where there is more than one Landlord or Tenant, and to apply to individuals, male or female, or to firms or corporations, as the same may be described as Landlord or Tenant herein, and the necessary grammatical changes shall be assumed in each case as though fully expressed. 33) ESTOPPEL CERTIFICATE. Tenant shall, no more than twice in any Lease Year and upon not less than thirty (30) days prior written notice from Landlord, execute, acknowledge and deliver to any prospective purchaser or mortgagee, or to Landlord on such party's behalf a statement in writing, (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect); (b) stating the date to which the Base Rent and other charges are paid and the amount of any security deposit held by Landlord, if any; and (c) acknowledging that there are not, to the actual knowledge of the person executing such certificate, any uncured defaults on the part of Landlord hereunder, or specifying such defaults, if any, which are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises. Each party will, within thirty (30) days of written request iManage: 193723_1 from the other party, provide an estoppel certificate, whereby such party will represent to the other, or to any prospective purchaser, assignee or mortgagee designated by the requesting party, the status of rent payments under this Lease and, to the parties' actual knowledge, whether or not the Lease is in full force and effect, or in default. If the party contends that the Lease is not in full force or is in default, it will specify the default. 34) AUTHORITY. Each of the Landlord and Tenant hereby represents and warrants that this Lease has been duly authorized, executed and delivered by and on its behalf and constitutes such party's valid and binding agreement in accordance with the terms hereof. 35) Lease. TIME OF ESSENCE. Time is of the essence to the parties executing this 36) INTERPRETATION. Paragraph and Section headings are not a part hereof and shall not be used to interpret the meaning of this Lease. This Lease shall be interpreted in accordance with the fair meaning of its words and both parties certify they either have been or have had the opportunity to be represented by their own counsel and that they are familiar with the provisions of this Lease, which provisions have been fully negotiated, and agree that the provisions hereof are not to be construed either for or against either party as the drafting party. 37) MODIFICATIONS AND AMENDMENTS. This Lease contains all agreements of the parties as of the date hereof with respect to any matter mentioned herein. Except as provided on Page 1 of this Lease, no prior agreement, correspondence or understanding pertaining to any such matter shall be effective to interpret or modify the terms hereof. This Lease may be modified only in writing, signed by the parties in interest, at the time of the modification. Landlord acknowledges that Tenant's employees at the Premises do not have authority to modify the Lease or to waive Tenant's rights hereunder. 38) WAIVERS. No waiver by Landlord or Tenant of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by Tenant or Landlord of the same or any other provision. A party's consent to or approval of any act shall not be deemed to render unnecessary obtaining such party's consent to or approval of any subsequent act. No waiver shall be effective unless it is in writing, executed on behalf of Landlord or Tenant by the person to whom notices are to be addressed. 39) LANDLORD/TENANT RELATIONSHIP. Nothing contained in this Lease shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent, partnership, joint venturer or any association between Landlord and Tenant. Landlord and Tenant expressly agree that neither the method of computation of rent nor any act of the parties hereto shall be deemed to create any relationship between Landlord and Tenant other than the relationship of Landlord and Tenant. iManage:193723_1 40) BROKERS. Landlord and Tenant each represent to the other that they have not dealt, directly or indirectly, in connection with the leasing of the Premises, with any other broker or person entitled to claim a commission or leasing fees. In no event may this Lease be construed to create any express or implied obligation on the part of Tenant to perform this Lease on behalf of any broker (or any person claiming a commission or leasing fee) as primary obligee or as a third party beneficiary. Landlord and Tenant each shall indemnify and hold each other harmless from any loss, liability, damage, or expense (including without limitation reasonable attorneys' fees) arising from any claim for a commission or leasing fee arising out this transaction made by any unidentified broker or other person with whom such party has dealt. 41) SEVERABILITY. If any clause, phrase, provision or portion of this Lease or the application thereof to any person or circumstance shall be invalid, or unenforceable under applicable law, such event shall not affect, impair or render invalid or unenforceable the remainder of this Lease nor any other clause, phrase, provision or portion hereof, nor shall it affect the application of any clause, phrase, provision or portion hereof to other persons or circumstances. 42) JURISDICTION AND VENUE. This Lease provides for services to be performed within the State of Illinois. Accordingly, this Lease, and all questions of interpretation, construction and enforcement hereof, and all controversies hereunder, shall be governed by the applicable statutory and common law of the State of Illinois. The parties agree that for the purpose of any litigation relative to this Lease and its enforcement, venue shall be in the Circuit Court of Cook County, Illinois and the parties consent to the in personam jurisdiction of said Court for any such action or proceeding. 43) EFFECTIVE DATE. This Lease shall be deemed dated and become effective on the date that Landlord signs this Lease, which date shall be the date stated on the first page of this Lease. The Parties hereto have executed this Lease as of the day, month and year first above written. Please print or type names below signature(s}. CAPANNARI'S, INC. By: LANDLORD: VILLAGE OF MOUNT PROSPECT Tenant: By: , Its President Irvana K. Wilks Village President ATTEST: ATTEST: , Its Secretary M. Lisa Angell, Village Clerk iManage:193723_1 EXHIBIT A Title 44, Part 750, Section 750, APPENDIX A, Illinois Administrative Code, Equal Employment Opportunity Clause EQUAL EMPLOYMENT OPPORTUNITY 750.APPENDIX A Equal Employment Opportunity Clause EQUAL EMPLOYMENT OPPORTUNITY In the event of the Tenant's non-compliance with the provIsIons of this Equal Employment Opportunity Clause, the Illinois Human Rights Act or the Rules and Regulations of the Illinois Department of Human Rights ("Department"), the Tenant may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be cancelled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract, the Tenant agrees as follows: 1) That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, citizenship status, age, physical or mental handicap unrelated to ability, military status, or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. 2) That, if it hires additional employees in order to perform this contract or any portion thereof, it will determine the availability (in accordance with the Department's Rules) of minorities and women in the areas from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. 3) That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, citizenship status, age, physical or mental handicap unrelated to ability, military status, or an unfavorable discharge from military service. 4) That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the contractor's obligations under the Illinois Human Rights Act and the Department's iManage: 193723_1 Rules. If any such labor organization or representative fails or refuses to cooperate with the contractor in its efforts to comply with such Act and Rules, the contractor will promptly so notify the Department and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder. 5) That it will submit reports as required by the Department's Rules, furnish all relevant information as may from time to time be requested by the Department or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department's Rules. 6) That it will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency and the Department for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules. 7) That it will include verbatim or by reference the provisions of this clause in every subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of this contract, the contractor will be liable for compliance with applicable provisions of this clause by such subcontractors; and further it will promptly notify the contracting agency and the Department in the event any subcontractor fails or refuses to comply therewith. In addition, the contractor will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations. iManage:193723_1 RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND CAPANNARI, INC. (CAPANNARIICE CREAM) 10 SOUTH PINE STREET WHEREAS, the Village of Mount Prospect is the owner of property at 10 South Pine Street; and WHEREAS, the Village of Mount Prospect is desirous of entering into a Lease Agreement with Capannari, Inc. (Capannari Ice Cream) in the former Downtown General Store located at 10 South Pine Street; and WHEREAS, such agreement will provide for the operation of a retail food establishment in the referenced General Store that will benefit the citizens of Mount Prospect; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Mayor and Board of Trustees of the Village of Mount Prospect do hereby authorize execution of a Lease Agreement between Capannari Inc.,(Capannari Ice Cream) and the Village of Mount Prospect for the purpose of permitting an ice cream parlor to be located within the structure at 10 South Pine Street in Mount Prospect, and said Lease shall be for a period of five (5) years, with a subsequent five (5) year option if mutually agreed by both parties, as set forth in the Lease, a copy of which is attached hereto and hereby 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 th day of July, 2007 Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\files\WIN\RES\Lease agrmt,ice cream parlo~une2007.docH:\CLKO\files\WIN\RES\Lease agrmt,ice cream parlorjune2007.doc L- Village of Mount Prospect Community Development Department Mount Prospect MEMORANDUM ~ TO: MICHAEL E. JANONIS, VILLAGE MANAGER DIRECTOR OF COMMUNITY DEVELOPMENT ~.~~ 1(l" dl FROM: DATE: JULY 11,2007 SUBJECT: REGIONAL TECHNICAL ASSISTANCE PROGRAM (RTAP) VILLAGE OF MOUNT PROSPECT PUBLIC TRANSPORTATION SYSTEM PLAN On July 20, 2006, Staff submitted a pre-application to the Regional Transportation Authority (RTA) for assistance with a public transportation system plan through the Regional Technical Assistance Program (R TAP). Earlier this year RTA approved the Mount Prospect Public Transportation System Plan for inclusion in the 2007 RTAP. RTA budgets the project at $125,000 with a 20% local match ($25,000). For the project a consultant will be hired to create the plan. Regional Technical Assistance Program The RTAP was created to enhance coordination between local governments and agencies. RTAP provides planning assistance, technical support, information services, presentations, consultation, training, and workshops. Eligible recipients are municipalities, townships, counties, the region's public transit operators (CT A, Metra and Pace), transportation management associations, and local planning agencies. Since inception, the RTAP has assisted local communities and operators with station area planning studies, county transit plans, corridor studies, and technology demonstrations. A brochure with more information about the project is attached. Village of Mount Prospect Public Transportation The community has expressed concern that the current public transportation system in Mount Prospect is difficult to navigate and does not provide adequate service to all areas of the Village. This was expressed from the public input that was gathered from the Comprehensive Plan Update and the business retention visits conducted by Village Staff and the Economic Development Commission. It is important that the Village fully understand who is using mass transit within the Village (origination and destination) and seek opportunities to improve connectivity to critical destinations within the Village and the surrounding area. The Suburban Transit Access Route (STAR) Line is also currently in the early stages of planning and will dramatically affect the way the southern half of Mount Prospect connects to the Chicago land area. The proposed STAR Line will create a new commuter rail transit infrastructure between O'Hare Airport, Hoffman Estates, and Joliet. In the most recent version ofthe plan, a station is planned at a site on Busse Road, immediately north of the Northwest Tollway (Interstate 90). The line itself will be located within the Tollway right-of-way. Although it will be several years before the start of construction for the STAR Line, the Village will benefit from analyzing the placement of a STAR Line station and its impacts on existing and future land uses and transportation routes. Planning proactively for the placement of the station will ensure proper connections to multiple modes of public transportation options and make certain that development related to the station is transit-oriented and pedestrian friendly. RTAP Public Transportation System Plan July 11, 2007 Page 2 If studied and planned correctly, a public transportation plan will aid the Village in increasing connectivity between key destinations in the community, encourage transit ridership, and provide residents with viable alternatives to driving. Furthermore, the recent update of the Comprehensive Plan recommends studying the public transportation system in Mount Prospect evaluating the current level of service, usage, and access to transit, pedestrian, and bicycle traffic in order to improve the Village's public transportation system and connections to multiple modes of transportation. Village of Mount Prospect Public Transportation System Plan This project will address two elements of public transportation within the Village. The first project component will review the current level of local public transportation service and identify connectivity, usage, and service area improvements to destinations within the Village and the region. The second component will develop a station area plan for a proposed station within the Village on the proposed Metra STAR Line. More detail on the project can be found in the attached application. RT AP Final Application The Village needs to submit a final application which presents 1) the project scope, 2) project management plan, 3) project budget, and 4) a signed resolution by the Village, authorizing the filing of the application and execution of the required Technical Assistance Agreement (TSA). When a consultant is selected, the Village will then need to sign the TSA with RTA. A copy of this agreement is attached; it has been reviewed by the Village Attorney. Please forward this memorandum and attachments to the Village Board for their review and consideration at their July 17, 2007 meeting. Staff and a representative from RTA will be present to answer any questions related to this matter. l. ..10 ". ~ .... Regional Transportation Authority REGIONAL TECHNICAL ASSISTANCE PROGRAM (RTAP) Village of Mount Prospect Public Transportation System Plan APPLICATION Revised 5/05 SECTION 1: INTRODUCTION Proiect Principles and Proiect Eligibility The RTA's Regional Transportion Assistance Program (RTAP) provides technical and/or financial support to selected municipalities or governmental agencies for transit planning projects that that enhance transit. RTA support may be provided as funding for comprehensive transit planning and market research studies, innovative approaches to improve access to local transit facilities, and new institutional arrangements to address emerging transportation needs within non-traditional markets. Land acquisition, design engineering, construction or other capital-related projects are not eligible for RTAP funds. Costs or obligations incurred prior to funding approval are ineligible for reimbursement. For RTAP projects, a local funding share is recommended. The RTA targets a twenty-percent local matching contribution for applicants. SECTION 2: APPLICATION PROCESSING PROCEDURES The RTA considers this Application as representing the applicant's intent to undertake the proposed study project. Please work with your assigned RTA Project Manager to complete this Application. Completed applications should be sent to the Project Manager assigned to your project: Heather Tabbert RTA Project Manager Regional Transportation Authority 175 West Jackson Boulevard, Suite 1550 Chicago,IL 60604 Page 2 SECTION 3: APPLICANT INFORMATION Date of Application 07 / 18 / 2007 Project Title Village of Mount Prospect Pu blic Transportation System Plan Legal Name of Applicant Village of Mount Prospect Address 50 S. Emerson City, State, Zip Code Mount Prospect, IL 60056 Contact Person Jason R. Zawila Title Long Range Planner Phone Number 847-818-5312 Authorized Omcial Michael J anonis Title Village Manager The Village of Mount Prospect hereby applies to the Regional Transportation Authority for a Technical Assistance funding grant. Required resolutions and other documents in support of this request are attached and are considered a part of this application. By signing this application, the applicant is committed to and responsible for securing all local matching funding sources. If multiple organizations are providing sources of local funding, the applicant is responsible for securing these funds and notifying the RTA in writing that local funding has been secured. For the application to be considered complete, the applicant must demonstrate to the RTA that there is a binding agreement among the local funding organization(s) that local matching funds will be available for the project. In support of this application, I offer the above data and attached supporting documents as required. I certify that the statements herein and in the supporting documents are correct and complete. Name of Authorized Omcial Attest Signature Signature Title Date Date Page 3 SECTION 4: DESCRIPTION OF PROJECT attach additional pages, if necessarYI Briefly describe, with assistance from your RTA project manager, the nature, size, location, and limits of all elements of the proposed project. Also discuss existing conditions and how the proposed project will improve such conditions. Applicants are advised to focus on the project description within the context of benefits to the public transit system and its patrons. If the work proposed for Regional Technical Assistance Program funding is part of a larger project, describe its relationship to the larger project. Please provide a description of the physical boundaries of the study area. The project is a public transportation system plan evaluating the current level of service, usage, and access to Pace, Metra, and bicycle routes for Mount Prospect residents and businesses. The plan will provide recommendations for improvements to the public transportation system serving the Village, which currently includes two Metra commuter rail lines, with one station located in the Village and one station adjacent to the Village; nine public bus routes; and a bicycle network. As part of the scope of the project, a sub area plan will also be conducted - an inter-modal transportation station area plan which will evaluate the placement of a station on the proposed Metra STAR Line route and its impacts on the Village as a whole. The plan should provide recommendations for adding transit- supportive development within close proximity of the station and linkages to other modes of transportation to the station site. The Public Transportation Improvement portion of the study will cover the entire Village of Mount Prospect, which covers an area of approximately ten square miles located 22 miles northwest of downtown Chicago. It is bordered on the north by Prospect Heights, on the east by the Cook County Forest Preserve and Des Plaines, on the south by Des Plaines and Elk Grove Village, and on the west by Arlington Heights. The proposed STAR Line station is planned at a site on Busse Road, immediately north of the Northwest Tollway (Interstate 90). The line itself will be located along the Tollway right-of-way. The Sub-Area Plan will cover an approximate % mile radius of the station site. Page 4 SECTION 5: PROJECT SCOPE OF SERVICES Use the template below to work with your assigned RTA Project Manager to detail the Task elements to be included in the Project Scope of Services. Attach additional tasks as necessary . Task 1: Public Involvement Description: A Steering Committee consisting of local residents, Village staff, local elected officials, an RTA liaison, service boards and other appropriate individuals will be established at the onset of the study to provide guidance and direction to the consultants as development of the plan progresses. Village Staff will facilitate Steering Committee meetings, which will be held depending on need. A minimum of three public meetings, held in the evening, will also be organized to solicit comments from residents, commuters, and business owners. The first public meeting will be held at the onset of the project to determine the overall vision for the plan and establish preferred principles that will guide the character of development, redevelopment and improvement to the public transportation system within the Village. This meeting will also confirm the study area boundary, discuss the issues and needs of the study area, coordinate data collection, and discuss project schedule and milestones. A second pu blic meeting will be held for the public to review and provide feedback on the draft concept plans developed in Tasks 4 and 5. At the last public meeting the consultants will present the final plan to the Village Board and Planning & Zoning Commission. Deliverables: Meeting minutes, agendas and materials. Estimated Time Frame: Concurrent with all Tasks Estimated Task Budget: $17,000 Task 2: Existing Conditions Assessment (Public Transportation Component) Description: The consultant will identify and assess existing transit and transit- related facilities (e.g. bicycle routes, pedestrian infrastructure) and infrastructure for commuter rail and bus. The consultant will then complete an assessment of the facilities, including current service levels, destination-origin data, general physical condition, ridership, etc. and assess their ability/suitability in servicing the Village's existing and future travel needs. Deliverables: A report describing the assessment of the existing public transportation facilities for review by the Steering Committee. On a map of the study area, the location and type of the existing facilities will be identified. Estimated Time Frame: 3 Months Estimated Task Budget: $7,000 Task 3: Existing Conditions Assessment (STAR Line Station Area Component) Description: The consultant will inventory data pertaining to the existing land uses and transportation facilities within the proposed station study area which will include at a minimum: available parking, land uses (including buildings), streets, pedestrian and bicycle facilities, signage, landscaping and other natural features. Deliverables: A report describing the assessment of the existing conditions within the proposed station study area, for review by the Steering Committee. On a map of the study area, the location and type of the existing facilities will be identified. Estimated Time Frame: 3 Months (concurrent with Task 2) Estimated Task Budget: $7,000 Page 5 Task 4: Concept STAR Line Station Area Plan Development Description: Based on the fmdings from the existing conditions analysis and the first public meeting, the consultant team will prepare at least two draft concept plans for the study area. The draft concept plans will include graphics and text that identify key development and redevelopment sites as well as streetscape and infrastructure improvements that are needed. The draft concept plans will consider motorized, bicycle and pedestrian access and circulation improvements, parking and commuter facility improvements and urban design improvements. The draft concept plans will identify key development opportunity sites, overall land use mix and building massing and configuration. The drafts will be presented to the Steering Committee for initial review and to the public at a workshop for review and comment. Based on comments from the second public meeting, the consultant will make adjustments to the draft concept plans and the Steering Committee will select a Preferred Concept Plan, which may be one or a combination of the draft concept plans. Deliverables: At least two draft concept plans (including both graphics and text) that demonstrate a vision for future development in the study area. The preferred concept plan will include bird's eye drawings of the new development depicting layout and elevations in addition to a revised base map depicting the future land uses in the study area. Estimated Time Frame: 4 Months Estimated Task Budget: $25,000 Task 5: Public Transportation System Improvement Recommendations Description: Travel market data will be analyzed to identify the markets that are currently served by existing transit services, and the type and size of potential travel markets. Bicycle and pedestrian connections in relationship to the proposed STAR line station site, and connections to major bus stops, and the existing Metra stations should also be studied. Based on these findings, the consultant will provide an assessment of the current transit service and provide recommendations for areas of the Village that are currently underserved or could benefit from bus service. The consultant will also conduct a cost-benefit analysis of proposed service improvements, including ridership projections, order-of-magnitude costs and impacts to the Pace system. The consultant will identify underserved bus travel markets and suggest additional/ altered bus service hours and access modifications that may improve bus service, along with a detailed explanation of the recommendations. Among these recommendations, the most critical improvements based on the size, ridership projections or demographics (transit dependence) will be identified. Deliverables: A report that includes the analysis of existing and potential Pace Bus service and recommendations for service improvement within the Village will be provided to each member of the Steering Committee for review. Estimated Time Frame: 4 Months (Concurrent with Task 4) Estimated Task Budget: $25,000 Task 6: Public Transportation System Plan Implementation Strategies Description: Implementation strategies will be developed with respect to the transit service improvement recommendations developed in Task #5. This will include the priority implementation of the critical improvements, a phased approach to implementing the additional recommended improvements, and the identification of passenger amenities and new technology to improve operational efficiencies for potential bus service. Implementation strategies for each improvement will include Page 6 potential funding sources and implementation partners (transit agencies, neighboring communities, businesses, etc). Recommendations for additional or follow-up studies will also be identified. Deliverables: A report of implementation strategies for the transit service improvement recommendations. Based on feedback from the Steering Committee members, the report will be revised. Estimated Time Frame: 3 Months Estimated Task Budget: $12,000 Task 7: STAR Line Station Area Plan Implementation Strategies Description: Implementation strategies will be developed with respect to the preferred concept station plan developed in Task #4. These implementation strategies for the preferred concept station plan shall be described and illustrated from existing conditions to a phased build-out, providing the Village with a flexible time frame. Specific actions will include considering site control and acquisition, remediation and demolition, suggested plan implementation phasing, application of appropriate funding techniques and the identification of implementation partners (transit agencies, business owners, property owners, etc). The consultant shall also provide recommendations for any necessary revisions to the Zoning Ordinance to help enable implementation of the plan. Deliverables: A report of implementation strategies for the preferred station area concept plan, including illustrations and text descriptions of the phasing and final phase/build-out of the station area will be developed. Based on feedback from the Steering Committee members, the report will be revised. Estimated Time Frame: 3 Months (Concurrent with Task 6) Estimated Task Budget: $12,000 Task 8: Final Report Description: The consultant will prepare a full-color Final Report that incorporates both the public transportation system improvement recommendations as well as the STAR Line Sub-Area Plan preferred concept and implementation strategies. The Final Report will include drawings, maps, photographs and other materials necessary to convey the recommendations of the plan. Deliverables: All graphics, maps and illustrations will be provided to the Village as separate files. A full color final report will also be presented to the Village Board and Planning and Zoning Commission at the last public meeting. This final, full-color report will be prepared including the deliverables from the above tasks. The consultant will provide 25 hard copies and one electronic (CD-ROMs) version of the Final Report containing the final camera-ready report in a format that allows it to be viewed on the Village's web site and to be reproduced for additional copies. Estimated Time Frame: 2 Months Estimated Task Budget: $20,000 TOTAL ESTIMATED TIME FRAME: 12 Months TOTAL ESTIMATED PROJECT BUDGET: $125.000 Page 7 SECTION 6: PROJECT MANAGEMENT The Project Management Section shall provide all pertinent information for project implementation. This includes a Project Management Plan, Project Team Table, and funding information as required. A. Project Management Plan: The Project Management Plan (PMP) outlines the organizational and administrative structure that will be utilized to oversee the project. This includes designating the entities responsible for project management, procurement and administration of the consultant contract, and, organizing and conducting Project Team meetings. The PMP will address roles, responsibilities and reporting relationships; list data and supporting documents that will be used as project inputs; and state open issues and pending decisions that can impact the project. The plan shall also include an explanation of the internal processes and procedures of the sponsoring organizations to direct, review and approve work products and adopt the final work product/plan. ATTACHED B. Project Team Table: Project Team Member Primary Responsibility Provide technical assistance to the Village of RTA Mount Prospect on project management and coordinate efforts with Pace and Metra. Will serve on the Steering Committee. Provide overall guidance on the plan Village Board development and provide final approval of the plan. Provide overall guidance on the plan development. Will review the final documents and recommend them to the Village Board for Planning & Zoning final approval. A member of the Planning and Commission Zoning Commission will also serve on the Steering Committee and act as a liaison between the Steering Committee and the Planning and Zoning Commission The Director of Community Development and the Long Range Planner will serve as project managers, responsible for the day-to-day Community coordination of the study and leading the Steering Committee. In order to facilitate the Development Staff effective coordination of the project, the Village will manage the consultant team and their progress, direct the scope of work, and identify and control all budget and timeline issues. Will serve as a technical resource, working Public Works Staff directly with the Community Development Staff. Will also serve on the Steering Committee. Page 8 Metra Provide technical expertise on operations and existing conditions of the area. Will be invited to serve on the Steering Committee. Provide technical expertise on operations and Pace existing conditions in the area. Will be invited to serve on the Steering Committee. Local businesses, employers, and residents Public Representatives and other members of the public- Will be invited to provide direction and input into the planning process throughout the study. Develop the plan components, based on the Consulting Team scope developed for the study and with guidance and input from the Steering Committee. SECTION 6: PROJECT MANAGEMENT (continued) c. Project Team Member Agreements (if applicable): Please specify if additional agreements will be required between the vanous members of the Project Team. Note the type of agreement needed. These agreements will typically involve the applicant requesting another organization (other than the selected consultant) to complete a portion of the Scope of Services. Do not list the agreement that will be entered into between the RTA and the applicant in this section. Ifnot applicable, check the box below. Proiect Team Member Agreement X Not Applicable Between Project Team Members: Recommended type of Agreement: Brief Description of Agreement: Attach additional agreement descriptions as necessary. Page 9 SECTION 7: PROJECT FUNDING A. Funding Source Information (if applicable) The applicant is committed to securing all local funding sources. If multiple entities are providing sources of local funding, the applicant is responsible for securing these funds. A local funding source agreement is a binding agreement between the applicant and other local funding entities which the applicant provides to the RTA demonstrating that the applicant is responsible for providing the local matching funds for this project. Any local funding source agreements should be attached to this Formal Application. Proposed Applicant Funding Amount: Applicant Local Funding Source: Local Funding Source Expiration Date: Local Funding Agreement Attached: $ 25.000 Mount Prospect General Fund / / j] Yes j] No X N/A B. Proposed Project Funding Sources: Funding Source Amount % of Total Task Its) Covered RTA $100,000 80% 1-8 Applicant $25,000 20% 1-8 TOTAL $125,000 100% 1-8 SECTION 8: ADDITIONAL INFORMATION Additional Project Notes or Comments: SECTION 9: GOVERNING BOARD RESOLUTION A resolution must be passed by the applicant's governing board authorizing the filing of the application and execution of the required technical assistance agreement. A sample Governing Board Resolution is provided on the following page. The Board Resolution language is dependent on the applicant's board procedures and structure. Prior to revising the language in the sample Governing Board Resolution, contact your assigned RTA Project Manager for guidance. Please include the designated <<Authorized Official" and <<Title" (as listed on page 3 of the application) in the Resolution. ATTACHED PROJECT MANAGEMENT PLAN 1.0 Introduction 1.1. Describe the Project Management Plan This Project Management Plan articulates the process for the Village of Mount Prospect Public Transportation System Plan, which also includes the STAR Line Station Area Plan, the decision making structure for the project, and the roles and responsibilities of each party involved. 1.2. State Reasons for the Project The community has expressed concern that the current public transportation system in Mount Prospect is difficult to navigate and does not provide adequate service to all areas of the Village. The Village wants to identify what issues exist and look for opportunities to improve connectivity to critical destinations within the Village and the surrounding area. If studied and planned correctly, the Plan will increase connectivity between key destinations in the community, encourage transit ridership, and provide residents with viable alternatives to driving. . There is one key opportunity for better connectivity in the Village's public transportation system that requires study and planning - the Metra STAR Line Route. The Village needs to analyze the placement of a STAR Line station in Mount Prospect and its impacts on existing and future land uses and transportation routes. Planning proactively for the placement of the station will ensure proper connections to multiple modes of public transportation options and make certain that development related to the station is transit-oriented and pedestrian - friendly. 1.3 Determine Type of End Product Village of Mount Prospect Public Transportation System Plan STAR Line Station Area Plan (Sub-Area Plan) 2.0 Stud Back round 2.1 Present Relevant Historical Highlights of the Study Area Since 1950, the Village of Mount Prospect grew from a small residential community of approximately 4,000 people in a somewhat rural setting to an established and diversified community with an estimated population of 56,706. The following were largely responsible for this growth in population: . Available property; . Proximity to O'Hare International Airport; and . Access to transportations routes, such as the Union Pacific Rail Road and several state routes that bisect through the Village. The burst in population resulted in several public transportation options to meet the transportation demands of the community. Mount Prospect is home to one Metra commuter rail station, on the Northwest Union Pacific line, which commuters have been using since the early 1950s. Another Metra commuter rail station, on the North Central line, is located immediately northeast of the RTA, Regional Technical Assistance Program Application Project Management Plan Page 1 Village in Prospect Heights. In 2006, Metra expanded the schedule for the Metra North Central line to include 22 passenger trains, up from the 8 that were previously in operation. In 1967, several area communities worked together to solicit federal funds for a bus demonstration study. In 1974, the buses became so popular that United Motor Coach, the bus owner, asked the voters to support a Regional Transportation Authority referendum in order to keep the busses running. NORTRAN officially took over the buses and routes in early 1975. Today the Regional Transportation Authority (RTA) is the fmancial oversight and regional planning body for Metra commuter rail and Pace suburban bus. In 2000, the Northwest Municipal Conference recognized that bicycle travel was an integral component of the region's public transportation system. The need for a variety of transportation options in Northeastern Illinois increased significantly due to the region's road network system being plagued with congestion. Clearly, more transportation alternatives were necessary to keep up with ever-increasing travel demands. In order to meet the demands, the Pedestrian and Bicycle Committee formed to plan for the connection of existing and future bicycle facilities into a regional bicycle network. Today, the public transportation system is continually evolving through out the Chicago metropolitan region. The Suburban Transit Access Route (STAR) Line is currently in the early stages of planning and will dramatically affect the way the southern half of Mount Prospect connects to the Chicagoland area. The proposed STAR Line will create a new commuter rail transit infrastructure between O'Hare Airport, Hoffman Estates, and Joliet. In the most recent version of the plan, a station is planned at a site on Busse Road, immediately north of the Northwest Tollway (Interstate 90). The line itself will be located along the Tollway right-of-way. 2.2 Describe the Existing Conditions and Boundaries of the Study Area The Village of Mount Prospect covers an area of approximately ten square miles located 22 miles northwest of downtown Chicago. It is bordered on the north by Prospect Heights, on the east by the Cook County Forest Preserve and Des Plaines, on the south by Des Plaines and Elk Grove Village, and on the west by Arlington Heights. The Village is bisected by several major transportation corridors: . Public Involvement . Northwest Union Pacific Railroad, which runs diagonally through the Village from a southeast to a northwest direction with a station in the downtown; . Canadian National Railroad, which runs diagonally through the northeast portion of the Village with a station at our border with Prospect Heights; . Northwest Highway (Route 14), which runs parallel to Northwest Union Pacific Railroad; . Rand Road (Route 12), which also runs diagonally through the Village from a southeast to a northwest direction in the north half of the Village;e. Central Road, which runs west and east through the center of the Village; RTA, Regional Technical Assistance Program Application Project Management Plan Page 2 . Golf Road (Route 58), Dempster Street, and Oakton Street, which run west and east through the south portion of the Village; and . Illinois Route 83 which runs north and south through the center of the Village. Mount Prospect is an established, developed community, with a healthy mix of residential, commercial, and industrial development. Since most of the community is already committed in terms of land use, the existing development pattern significantly influences the type and extent of new development which will be possible, and the extent to which redevelopment will be appropriate. The following is a summary of Mount Prospect's public transportation system linkages: Airports. Mount Prospect is within close proximity of two airports: O'Hare International Airport, located southeast of Mount Prospect, which is currently expanding its current facilities; and Chicago Executive Airport, which continues to expand jet and private airplane traffic. Transit and Bus Routes. Within Mount Prospect, there are nine PACE bus routes, an O'Hare and Midway Airport Shuttle Service, and the Metra Commuter Trains (Union Pacific Northwest and North Central routes). Bicvcle Network. Throughout the Village, there are a number of bicycle paths and streets that are designated as bicycle routes. The Village continues to investigate methods of enhancing bicycle route network to connect with key destinations in the community, including rail stations and bus routes, and our neighbor's bicycle systems. 2.3 Discuss of Methods to Coordinate or Build Upon Previous Studies Mount Prospect Comprehensive Land Use Plan In 2007, the Village of Mount Prospect updated the Comprehensive Land Use Plan and Map. The update represented a significant commitment by Mount Prospect to guide and control its future. It was based on several months of intense effort by local officials, staff, and residents to review improvement needs and development requirements. It reflects a strong local consensus concerning what the Village should become in the future. For the update, an implementation program was developed to serve as a means to achieve the goals and objectives of the plan. The program prioritized strategies and identifies responsibility for achieving them. The Mount Prospect Public Transportation System Plan will complete the following recommended actions from the implementation program: "Study the public transportation system in Mount Prospect evaluating the current level of service, usage, and access to transit, pedestrian, and bicycle traffic. The study should provide recommendations for improving the Village's public transportation system and connections to multiple modes of transportation"; and RTA, Regional Technical Assistance Program Application Project Management Plan Page 3 "Evaluate opportunities for better linkages between parks, schools, Village destinations, and neighboring communities. Study the feasibility of constructing a regional bicycle path along the Union Pacific Metra line. " New Start Alternatives Analvsis Before Metra can implement any new service or expand existing service, projects must undergo several feasibility and environmental studies to ensure all federal and state guidelines are met. Metra must comply with the federal New Start process which requires documentation and rigorous studies to justify that the Metra STAR Line best addresses the transportation needs and issues within its planned corridor. This process, which Metra will complete at the end of 2007, is called Alternatives Analysis. The STAR line is expected to be identified as the locally preferred alternative (LPA) that best meets the federal requirements and serves the transportation needs of the corridor in the most economically feasible and environmentally sensitive manner. Metra is expected to submit the STAR Line as the LPA to the Federal Transit Administration (FTA) for its evaluation. Similar to other communities chosen as proposed station sites for the STAR Line, the Village will analyze the placement of a Metra Star Line station and its impacts on existing and future land uses and transportation routes, through the STAR Line Station Area Plan, a sub area plan of the Mount Prospect Public Transportation System Plan. NWMC Regional Bicvcle and Pedestrian Plan In July 2007, the Northwest Municipal Conference (NWMC) completed an update of the NWMC Regional Bicycle and Pedestrian Plan. The plan identifies gaps and barriers to the regional network and considers roadway projects with the potential to include shared use paths and on street facilities. The Mount Prospect Public Transportation System Plan can build upon the update of this Plan, which will offer recommendations to better connect the regional bicycle and pedestrian system with the regional public transportation system. 3.0 List the Goals and Ob'ectives of the Stud Proiect Goal The overall goal of the project is to provide a plan for a balanced public transportation system which provides for safe and efficient movement of vehicles and pedestrians, supports surrounding land development, and enhances regional transportation facilities. Proiect Obiectives Improve interconnectivity between Village destinations and bicycle facilities, Metra commuter rail, and Pace services. Assess constraints to 1) transit services, 2) bicycle facility connections, 3) redevelopment of and 4) multi-modal access to the proposed station area site. Assess strategies to encourage full utilization of 1) Metra and Pace services, 2) bicycle and pedestrian connections to Metra and Pace services within the Village, and 3) the proposed STAR Line station area. RTA, Regional Technical Assistance Program Application Project Management Plan Page 4 .. __J Develop implementation strategies to support and encourage redevelopment that is linked to utilizing commuter rail service on the proposed STAR line. Provide actionable implementation strategies, and identify potential funding sources. 4.0 Framework for Undertaking the Study 4.1 Develop Project Scope of Work . Public Involvement . Existing Conditions Assessment for the Public Transportation System Plan . Existing Conditions Assessment for the STAR Line Station Area Plan) . Concept STAR Line Station Area Plan Development . Public Transportation System Improvement Recommendations . Public Transportation System Plan Implementation Strategies . STAR Line Station Area Plan Implementation Strategies . Final Report 4.2 Coordinate Project Schedule with Other Studies Not Applicable 4.3 Establish Project Management Structure Project Manager - William Cooney William Cooney, Director of Community Development, will provide overall project management and administration. Jason Zawila, Long Range Planner, will provide day to day management of the project and consultants. The Village will release a Request for Proposals for the project and enter into a contract with the selected consultant to perform the Scope of Work. The Project Managers' responsibilities include: . Project Management of the consultant team . Coordination with the project team and steering committee . Processing of requisitions . Ensuring grant requirements are fulfilled . Responsible for project updates and/or status reports William Cooney will serve as the spokesperson for the project or delegate public communications at his discretion. 4.4 Identify Project Team Members . Public Involvement . Village Board . Planning & Zoning Commission . Steering Committee . Representative from Regional Transportation Authority (RTA) . Representative from Metra . Representative from Pace . Representative(s) from Community Development, Planning Division RTA, Regional Technical Assistance Program Application Project Management Plan Page 5 . Representative(s) from Public Works, Engineering Division . Representative(s) from Village Manager's Office . Public Representatives . Consultant Staff 4.5 EstabHsh Roles and Responsibilities for Each Project Team Member Village Board: Provide overall guidance on the plan development and provide final approval of the plan. Planning & Zoning Commission: Provide overall guidance on the plan development. Will review the final documents and recommend them to the Village Board for final approval. A member of the Planning and Zoning Commission will also serve on the Steering Committee and act as a liaison between the Steering Committee and the Plan and Zoning Commission. Community Development Staff: The Director of Community Development and the Long Range Planner will serve as project managers, responsible for the day- to-day coordination of the study and leading the Steering Committee. In order to facilitate the effective coordination of the project, the Village will manage the consultant team and their progress, direct the scope of work, and identify and control all budget and timeline issues. Steering Committee: Representative from Regional Transportation Authority (RTA): Provide technical assistance to the Village of Mount Prospect on project management and coordinate efforts with Pace and Metra. Will serve on the Steering Committee. Representative from Metra: Provide technical expertise on operations and existing conditions of the area. Will be invited to serve on the Steering Committee. Representative from Pace: Provide technical expertise on operations and existing conditions in the area. Will be invited to serve on the Steering Committee. Representative from Public Works. Engineering Division: Will serve as a technical resource, working directly with the Community Development Staff. Will also serve on the Steering Committee. Public Representatives: Local businesses, employers, and residents and other members of the public- Will be invited to provide direction and input into the planning process throughout the study. Consulting Team: Develop the plan components, based on the scope developed for the study and with guidance and input from the Steering Committee. RTA, Regional Technical Assistance Program Application Project Management Plan Page 6 TECHNICAL SERVICES AGRE ARTICLE I: ARTICLE II: ARTICLE III: ARTICLE IV: ARTICLE V: ARTICLE VI: ARTICLE VII: ARTICLE VIII: ARTICLE IX: TABLE OF CONTENTS D EFINITI ONS .......................................................................................... 1 THE RECIPIENT'S AUTHORITY AND COMMITMENT .................. 2 TERM OF AGREEMENT .................. ........ ......... .......... ........................... 2 TECHNICAL SERVICES AGREEMENT............................... ............2 ACCOMPLISHMENT OF THE PROJECT(S) ........... ......... ........ .... 4 PASS-THROUGH FUNDING PROVISIONS.~.... ..... ....... ...........5 PROJECT ADMINISTRATION AND MANA T.... ................. 5 REQUISITION, PAYMENT PROCEDURE RD KEEPING................................................ ................................... 6 ARTICLE X: RIGHT OF THE RTA TO TERM E........ .................................. 8 ARTICLE XI: SETTLEMENT AND CLOSE- ....... ........................................ 9 ARTICLE XII: ARTICLE XIII:. ~~~~~~~.~~.~"""~~~~.~I.~.~~~~~.~~""" I I :~:~~: ~~. :~~=~: ~~".,,~.~.::,,~~.~~~~~.~~~~::::::::::::::::: :: ARTICLE XVI: INDEPEND~CIPIENT ....................................................... 12 ARTICLE XVII: NON OLL N ................................................................................ 12 ARTICLE XVIII: C CTS 0 INTEREST ................................................................. 12 ARTICLE XIX: IPI'S RESPONSIBILITY FOR COMPLIANCE .................... 13 ARTICLE XX: OR LAW COMPLIANCE .............................................................. 13 ARTIC~' ENVIRONMENTAL COMPLIANCE .................................................. 18 ART . DRUG FREE WORKPLACE ................................................................ 18 A: ICL V: RESTRICTIONS ON LOBBYING ....................................................... 19 AR XV: SEVERABILITY .. ........... ..................... ..................... ............. ....... ........ 19 ARTICr.: XXVI: ASSIGNMENT AND AGREEMENT ................................................... 19 ARTICLE XXVII: AMENDMENT ......................... ..... ................ .............. .................. ........ 19 ARTICLE XXVIII: TITLES...... ............................... ..... ............................ .................... ........ 20 ARTICLE XXIX: OWNERSHIP OF DOCUMENTS/TITLE TO WORK......................... 20 ARTICLE XXX: DOCUMENTS FORMING THIS AGREEMENT ................................22 ARTICLE XXXI: SPECIAL CONDITIONS ...................................................................... 22 This Agreement is made by and between the Regional Transportation Authority, a Municipal Corporation created under the laws of Illinois (hereinafter referred to as the "RTA") and <<LegalApplicantName>> created under the laws of Illinois (hereinafter referred to as the "Recipient" or the "Grantee," which term shall include its successors and assigns). 1.7 "Project Budget" means the anticipated net Project cost for each Project shown in Exhibit B, Project Budget, as may be amended from time to time with RTA approval and in a format approved by the RTA. 1 1.8 "Project Facilities" means any facilities, equipment, or real property purchased, acquired, constructed, improved, renovated, or refurbished as part of each Project through the application of the RTA's Agreement funds. ARTICLE II: THE RECIPIENT'S AUTHORITY AND COMMITMENT 2.1 The Recipient has the legal authority and the financial, technical, and managerial capacity to apply for, plan, manage, and complete the Project(s) for which fun~in is being provided under this Agreement. 2.2 The Recipient acknowledges that if it makes a false, fictitious, r fr ulent claim, statement, submission, or certification to the United States or llinois in connection with this Project, they reserve the right to impose on the e alties of 18 USC 1001, 49 USC 5307, 31 USC 3801, and 49 CFR 31, as th tiee appropriate. Recipient agrees to include this clause in all state and fede contracts and subcontracts. 2.3 The Recipient agrees to undertake and co out in Exhibit A, Scope of Services, and in accord 3.1 NICAL SERVICES AGREEMENT 4.1 (a) commits Budget, e annual appropriation of funds by the RTA, the RTA hereby the funds pursuant to paragraph 4.1(b) and as listed in Exhibit B, Project . t(s) in Exhibit A, Scope of Services. he RTA Agreement amount provides 0.00% of the actual cash share of the Bet, or $<<RTAAmb>, whichever is less. The RTA shall have no liability regarding ct funded by this Agreement in excess of the funds actually appropriated for the 4.2 Recipient Commitment to Complete Proiect{s) or Seek Amendment. Subject to the RTA's appropriation of the funds described in paragraph 4.1, the Recipient agrees to complete the scope of all the Projects listed in Exhibit A for the RTA Agreement amount, or to seek an amendment in accordance with this subparagraph. The 2 Recipient shall request an amendment to the Agreement in order to (1) add or (2) delete a Project, (3) change the scope of any Project, or (4) change the Agreement amount. 4.3 Conformity with Project Budget. I cope of the Project tended to be adequate RTICLE V: METHOD OF FUNDING T A may finance its obligations, or any portion thereof, under this Agreem y it deems, in its sole discretion, to be most advantageous and fiscally so~ d that nothing in this Agreement shall cause the Recipient to be obligated to any c . tor 0 eTA with respect to such financing. All or part of any share of the net Project cost to be contributed by the Recipient may, with the express written prior approval of the RTA, be provided by the Recipient in the form of contributions of professional, technical or other services. The amount or value of any share of the net Project cost contributed by the Recipient is to be shown in Exhibit B. 5.3 In the event that the Recipient receives funds from any source with respect to the completion of the Project which do not appear in Exhibit B were not included in determining the RTA Agreement amount under paragraph 4.1(b) of this Agreement, the amount of this 3 Agreement shall be recalculated and a proportionate amount ofRTA funding shall be refunded to the RTA. ARTICLE VI: ACCOMPLISHMENT OF THE PROJECT(S) 6.1 General. (a) The Recipient shall commence, carry on, and complete the Project(s practicable dispatch, in a sound, economical, and efficient manner, and in accord provisions of this Agreement. The Recipient shall cause all contractors inv. Project{s) to deliver and complete the Project{s) in accordance with the Pr submitted at time of application or as revised pursuant to paragraph 6.2(b) 0 ecipient and tat d local law. ordance with the sit Administration in this Agreement to 6.2 (a) of the R Project Ag' (b The Recipient shall complete each Project in accordance with the Project comple date provided at time of application or as revised. In the event the Recipient determines that, for whatever reason, a Project cannot be completed in accordance with the Project schedule, the Recipient shall immediately notify the RTA in writing within thirty days of: 1) the nature and extent of the delay; 2) the reason or reasons for the delay; 3) the adjustments to the Project schedule which can be made to ensure that the Project is completed on schedule; and 4) if the Project cannot be completed on schedule, the implications on the Project Budget due to the delay. , except a force majeure event or any other reason beyond the control make progress which significantly endangers substantial performance of a onable time shall be deemed to be a violation of the terms of this 4 ARTICLE VII: P ASS-THROUGH FUNDING PROVISIONS 7.1 If this Agreement provides any portion of funding for which the R T A receives funds from a governmental entity subject to agreement, grant, or contract, the provisions contained therein and as detailed in the attached Exhibit C, Federal Certifications and Assurances, are hereby incorporated by reference and made a part of this Agreement. The Recipient shall carry out each Project in such a manner as to comply with the re irements contained herein and the requirements of any governmental agreement appli e to this Project. If it is not possible to carry out the project in such a manner, the Re. e hall, as soon as practicable, notify the R T A in writing of the specific provisions of eac gree nt in conflict and reasons for conflict in order that appropriate arrangements m between the parties and any governmental entity to permit the Project to procee~ 7.2 The Recipient acknowledges that federal and state y e requirements may change and the changed requirements will apply to the Pr . ct . The Recipient agrees to include in all subcontracts or lower tier agreements i to this effect. 7.3 The Illinois Department of Transport . subject to any obligations or liabilities by or to the cip'. n their subcontractors or any other person not p IS performance of this Project, without their re ct the concurrence in or approval of the soli f contractors or subcontractor(s). The Re t a or lower tier agreement financed in wh T d the FT A shall not be ntractors of the Recipient or eement in connection with the written consent, notwithstanding e award by IDOT or FT A to such es to include this clause in each subcontract ith federal and/or state assistance. ISTRATION AND MANAGEMENT (a) (c) Any Project management plan or amendment to such plan provided pursuant to any governmental agreement, grant or contract for any Project in this Agreement shall require written approval of the RTA. (d) The Recipient shall report to the RTA regarding all Projects in this Agreement. When requesting reimbursement from the RT A, the Recipient will be required to submit 5 detailed requisitions and progress reports supported by properly executed payrolls, time records, invoices, contracts, or vouchers, evidencing in detail the nature and propriety of the charges. ARTICLE IX: REQUISITION, PAYMENT PROCEDURES, AND RECORD KEEPING 9.1 The Recipient shall establish and maintain as a separate set of accounts, or as an integral part of its current accounting scheme, accounts for each Project in conformity with requirements established by the R T A. (b) (c) nt (i.e., the price paid minus any Recipient which have the effect of of costs e treated uniformly and consistently under accounting principles and or prescribed by generally accepted accounting principles, and those d by the Recipient for its contractors; and hey shall be supported by properly executed payrolls, time records, invoices, vouchers evidencing in detail the nature and propriety of the charges. (In the event that it be impractical to determine exact costs of indirect or service functions, allowable costs will include such allowances for these costs as may be approved by the RTA.) 9.3 Payment Procedures. 6 (a) The Recipient may make requests for payment of allowable costs from the RTA Agreement, and the RTA shall honor such requests in the manner set forth in this paragraph. In order to receive payments, the Recipient shall: (1) Execute and submit to the RTA a requisition for approval by the RTA; Have submitted all financial, progress, and other reports required by the (c) In the event that the R T shall notify the Recipient within twen form, stating the reasons for such erm es that the payment should not be made, it y after receipt of the completed requisition (d) The Recipie Agreement and after pay the Recipient shall re Recipient under this re men. a pon completion of all of the Projects in this . on for payment or reimbursement of all allowable costs, A any unexpended balance of funds received by the 9.4 oks, records, and supporting documents to verify the amounts, recipients, ursements of funds passing in conjunction with this Agreement, this t d all books, records, and supporting documents related to the Agreement must be r . ed 0 R ipient for a minimum of five (5) years after completion of this Agreement and shal a ilable for review and audit by authorized representatives of the RTA, the Illinois Audito eneral, IDOT, or the FTA with the following qualifications: (1 ) All records must be retained until final audit is completed and all audit findings are resolved, unless otherwise agreed to by the RTA; (2) If any litigation or claim is initiated before completion of the final audit, records must be retained until all litigation or claims involving these records have been resolved; and 7 (3) Records of any property acquired with RTA funds must be retained for three years after final disposition of the property. (b) Should the Recipient administer any system of records on behalf of the Federal or State Government, the Privacy Act of 1974, 5 USC 552(a) and 49 CFR 29 Subpart F, imposes information restrictions on the party managing the system of records. (b) In accordance with 49 USC 5 party whose contract award is not based on Secretary of u.S. DOT, to permit the R T A, or their duly authorized represent ive data and records involving that th~P con involved. ARTI~X: RI T OF THE RTA TO TERMINATE 10.1 upo~;~n ~ to the Recipient, the RTA may suspend or terminate all or part of the financial technical assistance provided herein if the Recipient is or has been in violation of th s the Agreement, or if funding provided to the RTA pursuant to paragraph 7.1 is . Termination of any Project in this Agreement will not invalidate obligatio 0 e A to reimburse the Recipient for Project costs incurred up to and including the date n, nor invalidate obligations of the Recipient, properly incurred by the Re . e extent they are noncancellable. The acceptance of a remittance by the RTA of or al r ct funds previously received by the Recipient or the closing out of the RTA I icipation in the Project shall not constitute a waiver of any claim which the R T A ise have arising out of this Agreement. 9.5 For example, the foregoing remedies shall become available to the RTA if one of the following occurs: (a) There is any misrepresentation of a material nature in the Recipient's application, or amendment thereof, or in respect to this Agreement or any document or data 8 furnished pursuant hereto, or any other submission of the Recipient required by the RTA in connection with this Agreement; (b) There is pending litigation which, in the opinion of the RTA, may jeopardize funding provided to the R T A pursuant to paragraph 7.1 or this Agreement; CLE XI: SETTLEMENT AND CLOSE-OUT receipt of notice of successful completion of the Agreement or upon A, the RTA at its discretion will perform or contract for the performance it to determine the final allowability of costs incurred, and shall make final s e RTA's obligations described in this Agreement. If the RTA has made ts the Recipient in excess of the total amount of such RT A obligations, the Recipient shall p ptly remit such excess to the RTA. The Agreement close-out occurs when the RTA notifies the Recipient and forwards the final Agreement payment or when an appropriate refund ofRTA Agreement funds has been received from the Recipient and acknowledged by the RTA. Agreement close-out shall be subject to any continuing obligations imposed on the Recipient by this Agreement or contained in the final notification or acknowledgment from the R T A. 9 ARTICLE XII: PROCUREMENT 12.1 Procurement Procedures. (a) The Recipient shall follow applicable federal, state, and local law and procedures when awarding and administering contracts for goods and services funded by this Agreement. Any such contract or subcontract for goods, property and services exceeding $10,000 shall contain all the clauses pursuant to FTA Circular 4220.1E and 49 CFR 18.36, 19~40- 9.48, and the parties shall comply with the requirements therein. (b) Apart from inconsistent requirements imposed by federal an te the Recipient (and its subcontractors) agrees that no federal or state funds shal 0 support USC 5323(h)(2). (c) The Recipient agrees to comply with u.s. Mari. e ~ . 1 lion Regulations, "Cargo Preference - u.s. Flag Vessels," 46 CFR 381, to t e s egulations apply to the Project, and insert the substance of the provisions 0 IS a 1 all subcontracts issued pursuant to this Agreement. es t omply with the requirements of R 665, and agrees to provide the Ie certifications from contractors, (e) Each third party c Acquisition of Goods or Rolling 53230), and FT A regulation "Buy (g) 12549 Transpo i c~ r ation The Recipient certifies that it has not been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois or local government, nor has the Recipient made an admission of guilt of such conduct which is a matter of record, nor has an official, agent or employee of the Recipient committed bribery or attempted bribery on behalf of the Recipient and pursuant to the direction or authorization of a responsible official of the Recipient. The Recipient further certifies that it has not been barred from contracting with a unit of the State or local government as a result of a violation of Section 33E-3 or 33E-4 of the Criminal Code. . . nt agrees to comply with the requirements of Executive Order No. ebarment and Suspension," 31 USC 6101 note, and u.S. Department of ) regulations on Debarment, 49 CFR 29, and agrees to obtain applicable om contractors and subcontractors and otherwise comply with federal and state (f) The Re. en rees to refrain from using state or local geographic preferences, except those expres m dat or encouraged by federal statute, and as permitted by IDOT and FT A. 10 (i) Electronic and Information Technology - to the extent applicable, Recipient agrees to include in its specification requirements that all reports or information will be prepared and provided using electronic or information technology capable of assuring that, when provided to the R T A, it will meet with the applicable accessibility standards of Section 508 of the Rehabilitation Act of 1973, as amended, 29 USC Section 794(d) and u.S. Architecture and Transportation Barriers Compliance Board (A TBCB) regulations "Electronic and Information Technology Accessibility Standards," 36 CFR 1194. 12.2 Procurement Review. The Recipient must obtain preaward approval from the R T A for: party contract; (2) any change order with a third party contractor; account for activities funded by this Agreement. ARTICLE XIII: SETTLEMENT OF THIRD PARTY C BREACHES 13.1 The R T A has a vested interest in the se involving any RTA-assisted third party contracts fl proportional share, based on the percentage of proceeds derived from any third party recove the Recipient in securing the recovery. The rights available under any third party ct. litigation pertaining to any third party compromise or settlement of the ipi third party contract contains a liq liquidated damages recovere shall otherwise. f d. tes, defaults, or breaches he R T A retains a right to a ar c mmitted to any Project, of any nto account any costs incurred by cipient shall avail itself of all legal he Recipient shall notify the RTA of any R T A reserves the right to concur in any 's cl (s) involving any third party contract. If the ages provision, such proportional share of any re ted to the Project account unless the RTA permits MENT OF CONTRACT -- SUBCONTRACTORS 14.1 a Project otherwis contain re ec . nt agrees that no contract for services of any kind in connection with . Agreement shall be assigned, transferred, conveyed, sublet, or of without the prior written consent of the R T A. All subcontracts shall e contract clauses pursuant to federal and state requirements, and as . s Agreement. ARTICLE XV: INDEMNIFICATION 15.1 The Recipient agrees to save or hold harmless and indemnify the RTA from and against any and all losses, expenses, damages (including loss of use), demands, and claims, and shall defend any suit or action, whether at law or in equity, brought against it based on any alleged injury (including death) or damage relating to or arising out of any act or omission of the Recipient, its officers, employees and agents with respect to any Project funded by this Agreement and shall pay all damages, judgments, costs, and expenses, including attorney's fees, in connection with any demands and claims resulting therefrom; provided, however, that the 11 Recipient shall not be required to save harmless, indemnify, or defend the RTA due to the negligence or misconduct of the RTA or its successors, assigns"agents, or employees or their respective failure to reasonably perform under this Agreement. ARTICLE XVI: INDEPENDENCE OF RECIPIENT 16.1 In no event shall the Recipient or any of its employees, agents, contractors or subcontractors be considered agents or employees of the RTA, IDOT, FTA, U.S. Dep ent of Transportation, or State of Illinois. Furthermore, the Recipient agrees that ne of its employees, agents, contractors, or subcontractors will hold themselves out as, to be, agents, officers, or employees of the RTA, U.S. Government, or State of Illinois wi ot by reason of any relationship with the Agreement make any claim, demand, or . to or for any right or privilege applicable to an agent, officer, or emPlO~O e A, U.S. Government, or State of Illinois, including but not limited to, rights ile concerning workmen's compensation and occupational diseases coverage, m compensation benefits, Social Security coverage, or retirement membership 0 edl rees not to pay any bonus, y roval of its Application for any employee, or member of any unit t funded by this Agreement shall be to any benefit arising therefrom other than em oyee, officer, board member, or agent; . er of his or her immediate family; <::l or her partner; or . rganization that employs, or is about to employ, any of the above. e conflict of interest requirement for former employees, officers, board members, and agents shall apply for one year from the date the employee, officer, board member, or agent ended its employment with the Recipient. The Recipient's employees, officers, board members, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to sub-agreements. The RTA may waive the prohibition contained in this subsection, 12 provided that any such present employee, officer, board member, or agent shall not participate in any action by the Recipient relating to such contract, subcontract, or arrangement. 18.2 The Recipient will also prevent any real and apparent organizational conflict of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third party contract or subcontract may, without some restriction on future activities, result in an unfair competitive advantage to the third party contractor or recipient or impair the objectivity in performing the contract work. ~ ARTICLE XIX: RECIPIENT'S RESPONSIBILITY FOR COMPL ~, 19.1 Irrespective of the participation of other parties or third ctors, the Recipient remains primarily responsible for compliance with all appli ate, and local laws and regulations. 20.1 The Recipient agrees to comply with the I FT A grant contract pertaining to any Project funde b federal and state labor laws and regulations inc n regulations relating to minimum wages to b employment of minors, minimum fair wag employees, and health and safety of employee ARTICLE XX: LABOR LAW COM ance provisions of any ement and all applicable limited to, such laws and loyees, limitations upon the minors, payment of wages due ndards. The requirements of the clauses contract subject to the overtime provisions of Act and not to any of the other statutes cited in c tractors shall maintain payrolls and basic payroll d shall preserve them for a period of three years from for all aborers and mechanics, including guards and watchmen, ct. Su records shall contain the name and address of each such number, correct classification, hourly rates of wages paid, daily and orked, deductions made, and actual wages paid. The records to be e shall be made available by the Recipient or its subcontractors for or transcription by authorized representatives of the FTA, U.S. Department Department of Labor, and the Recipient or its subcontractors will permit su~s atives to interview employees during working hours on the job. (b The Recipient or contractor shall insert in any subcontract the clauses set forth in 29 CF .5(b), and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in 29 CFR 5.5(b) involving overtime pay, unpaid wages and withholding for unpaid wages. 20.2 The Recipient also agrees to require any contractor performing professional or consulting service in connection with any Project funded by this Agreement to agree to adhere to the requirements of this Article. 13 ARTICLE XXI: CIVIL RIGHTS 21.1 Non Discrimination. The Recipient shall comply with and shall require its contractors and subcontractors to comply with all federal, state, and local laws, rules, regulations and ordinances relating to non- discrimination including, but not limited to, all requirements of Tide VI of the Civil . ghts Act of 1964, 42 USC 2000d; Section 303 of the Age Discrimination Act of 1975, as ended, 42 USC 6101, Section 202 of the Americans with Disabilities Act of 1990,42 US et seq., Federal Transit Law at 49 USC 5332, and US DOT regulations, "Nondi min. n in Federally-Assisted Programs of the Department of Transportation - Effect. ide I of the Civil Rights Act," 49 CFR 21, and any implementing reqUirements~;~ay ue. 21.2 Equal Employment Opportunity Clauses. ~ (a) Federal Equal Employment Opportunity - T quirements apply to the Project and the Recipient agrees to include thes eq in each contract and subcontract financed in whole or in part with federal s d by FT A. (1) Discrimination Prohibited - I with 42 USC 2000(e), 49 USC 5332, the Recipient agrees to comply with a ederal statutes, executive orders, regulations, and Federal policies including th. ent of Labor regulations, "Office of Federal Contract Compliance progr&iU Employment Opportunity, Department of Labor," 41 CFR 60 et seq., (whic im E.O. No. 11246, "Equal Employment Opportunity," as amended by E. No. 375 Amending E.O. No. 11246 relating to Equal Employment Opportunity,") that ture affect construction activities undertaken in the course of this Project. The ie agrees to take affirmative action to ensure that applicants are employed d that e loyees are treated during their employment, without regard to race, color, c d, , age or national origin. Such action shall include, but not be limited to, the fol In: e loyment, upgrading, demotion or transfer, recruitment or recruitment advertisl off or termination, rates of payor other forms of compensation; and selection for tr uding apprenticeship. In addition, the Recipient agrees to comply with any im lem t irements FT A may issue. EEO Program Incorporated by Reference - If the Recipient is required to tain approval of its EEO program, that EEO program approved by the United a of Illinois government is incorporated by reference and made a part of this Failure by the Recipient to carry out the terms of that EEO program shall be treated a violation of this Agreement. Upon notification of its failure to carry out the approved EEO program, the RTA and the United States or State of Illinois government may impose such remedies as it considers appropriate, including termination of financial assistance, or other measures that may affect the Recipient's eligibility to obtain future financial assistance in transportation projects. 14 (3) Age - In accordance with 49 USC 5332, the Recipient agrees to refrain from discrimination against present and prospective employees for reasons of age. In addition, the Recipient agrees to comply with any implementing requirements FT A may issue. (4) Disabilities - In accordance with 42 USC 12101, the Grantee agrees that it will comply with the requirements of 29 CFR 1630, pertaining to the employment of persons with disabilities. In addition, the Recipient agrees to comply with any implementing requirements FT A may issue. (S) Sex - In accordance with Title IX of The Educational '~ents of 1972, as amended, 20 USC 1681 et seq., and U.S. Department OfTransport~tiO~~S 49 CFR 25, the Recipient agrees to comply with prohibitions against discrimin e basis of sex, and any federal requirements that may be promulgated. ~ (6) Language Proficiency - In accordance with c e er No. 13166, the Grantee agrees to comply with the applicable proviso s I xecutive Order, "Improving Access to Services for Persons with Limited c cy," for improving access to services for persons with limited English profic' C 200d-l and 55 CFR 6733. (7) Environmental Justice - T e len all comply with the applicable policies of Executive Order No. 12898, "Fed Address Environmental Justice in Minority Populations and Low-Income Popul . C 4321 note. (b) Sexual Harassment - Th~e' t ill have written sexual harassment policies that shall include, at a minim th 0110 ng information: (i) the illegality of sexual harassment; (ii) the definition of se ent, under state law; (iii) a description of sexual harassment, utilizing exam es; (i e ecipient's internal complaint process including penalties; (v) the legal r urse, in tigative, and complaint process available through the Department of Human so sand t e Human Rights Commission; (vi) directions on how to contact the Dep d Co ission; and (vii) protection against retaliation as provided by Section 6-101 of the is Human Rights Act. A copy shall be provided to the R T A upon request. s Human Rights Act - In the event of the Recipient's non-compliance with Illinois Equal Employment Opportunity Clause, the Illinois Human Rights es and regulations (the "Rules and Regulations") of the Illinois Department of t the "IDHR"), the Recipient may be declared ineligible for future contracts or subc ra with the State of Illinois or any of its political subdivisions or municipal corpora: ns, and this Agreement may be canceled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this Agreement the Recipient agrees as follows: (1) That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons 15 or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. (2) That, if it hires additional employees in order to perform this Agreement or any portion thereof, it will determine the availability (in accordance with the IDHR Rules and Regulations) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. (4) That it will send to each labor organiza . with which it has or is bound by a collective bargaining or e That it will include verbatim or by reference the provisions of this section it awards under which any portion of the contract obligations are assumed, so that such provisions will be binding upon such subcontractor. In the r s with other provisions of this Agreement, the Contractor will be liable for . th applicable provisions of this clause by such subcontractors; and further it will prompt otify the contracting agency and the ID HR in the event any subcontractor fails to or refuses to comply therewith. In addition, the Contractor will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations. 21.3 Disabilities. 16 The Recipient shall comply with all applicable federal and state requirements under the ADA and all applicable federal and state laws and regulations relating to procurement and access requirements in accommodating individuals with disabilities. The Recipient shall comply with, and agrees to include the following requirements in each contract or subcontract, applicable state and federal requirements of the Americans with Disabilities Act of 1990 (ADA), 42 USC 12101, et seq.; 49 USC 5301(d); Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC 794; Section 16 of the Federal Transit Act, as amended, 49 USC App. Section 1612; Architectural Barriers Act, as amended, 42 USC Section 4151, et. s~eq.; including any amendments to the aforementioned Acts; and the following regulations and endments thereto: (a) DOT regulations, "Transportation Services for Individua . isabllities (ADA)," 49 CFR 37; "Nondiscrimination on the Basis of Handicap in an ctivities Receiving or Benefiting from Federal Financial Assistance," 49 C "~ricans with Disabilities (ADA) Accessibility Specifications for Transportation FR 1192 and 49 CFR 38; ation on the Basis of ondiscrimination on the Facilities," 28 CFR 36; (b) Department of Justice (DOJ) regulations Disability in State and Local Government Services," 2 Basis of a Disability by Public Accommodations an "Accommodations for the ission regulations, "Telecommunications Relay s Equipment for the Hearing and Speech Disabled," 47 (a) It is the policy of the RTA that Disadvantaged Business Enterprises (DBE's), pursuant to 49 CFR Part 23 and Part 26, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with funds under this Agreement. The Recipient agrees that, where contracting possibilities exist, it will make a good faith effort to ensure that eligible DBEs have maximum feasible opportunity to participate. 17 (b) The Recipient shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The Recipient shall carry out applicable requirements of 49 CFR 26 in the award and administration of U.S. Department of Transportation assisted contracts. Failure by the Recipient to carry out these requirements is a material breach of the Agreement, that may result in the termination of this Agreement or such other remedy as the RTA deems appropriate. 23.2 drug pr regulati 49 , the Recipient also agrees to comply with all aspects of the anti- ed in the "Control of Drug Use in Mass Transportation Operations" 53; the "Preventing of Alcohol Misuses in Transit Operators" regulation, . the "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit r ulation, 49 CFR 655; "Procedures for Transportation in Workplace Drug and ting Program, as revised December 19, 2000" regulation, 49 CFR 654, and to require tractors and subcontractors, when applicable under 49 U.S.C. 5331 and 49 CFR 653- 5, to do the same. 23.3 Confidentiality - Drugs or Alcohol Abuse. The Recipient shall comply with, and agrees to include the following requirements in each contract or subcontract, applicable state and federal requirements of confidentiality and other Civil Rights provisions of the Drug Abuse Office and Treatment Act of 1972, as amended, 21 USC 1174 et seq., the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act 18 of 1970, as amended, 42 USC 4581 et seq., and the Public Health Service Act of 1912,42 USC Sections 290 dd-3 and 290 ee-3, including any amendments to the aforementioned Acts; ARTICLE XXIV: RESTRICTIONS ON LOBBYING 24.1 (a) If this Agreement provides funding in whole or in part from federal funds for a Project( s), the Recipient agrees to comply with Section 319 of the 1990 Department of Interior and Related Agencies Appropriations Act, Pub. L. 101-121 relating to restr'ctions on influencing or attempting to influence federal officials in connection with grants operative agreements, or contracts. By executing this Agreement, the Recipient cert~ifies liance with this Act as specifically described in subparagraphs (b) and (c) below. (b) The Recipient agrees that no federal appropriated funds e b al r will be paid, by or on behalf of the undersigned, to any person for infl c' or empting to influence an officer or employee of any agency, a Member of Con of r or employee of Congress, or an employee of a Member of Congress in co tio awarding of any federal contract, the making of any federal grant, the maki d I loan, the entering into of any cooperative agreement, and the extension, tin t newal, amendment, or modification of any federal contract, grant, loan, or co agr ent. ther than federal appropriated cing or attempting to influence an (d) TheRecip~'en hallr the award documents for third p disclose accordinglY~ ARTICLE XXV: SEVERABILITY ion of this Agreement is held invalid for any reason whatsoever, the shall not be affected thereby if such remainder would continue to conform , and requirements of applicable law. re at the language of this Article XXIV be included in contracts and that all such contractors shall certify and ARTICLE XXVI: ASSIGNMENT AND AGREEMENT This Agreement shall not be assigned, transferred, conveyed, sublet, or otherwise disposed of by the Recipient without the prior written consent of the RTA. ARTICLE XXVII: AMENDMENT 27.1 The Parties agree that no change of total Agreement amount or modification in scope of this Agreement shall be of any force or effect unless such amendment is dated, reduced to writing, executed by both parties, and attached to and made a part of this Agreement. No 19 work shall be commenced and no costs or obligations incurred in consequence of any amendment to this Agreement or any attachments hereto unless and until such amendment has been executed and made a part of this Agreement and Exhibit A, Scope of Services, and Exhibit B, Project Budget, for each Project as appropriate, has been amended to conform thereto. ARTICLE XXVIII: TITLES 28.1 The Parties agree that the titles of the articles and paragraphs of t~h' s reement are inserted for convenience of identification only and shall not be considered:tl any other purpose. ARTICLE XXIX: OWNERSHIP OF DOCUMENTSffITLE ~ "Ill 29.1 All documents, data, and records produced by Reci' t ~~actors in carrying out Recipient's obligations and services hereunder, wi ita' and whether preliminary or final, as between the RTA and Recipient shall co ain the property of the R T A. The R T A shall have the right to use all such d and records without restriction or limitation and without additional compensat' ie All documents, data, and records utilized in performing research shall be av . a ination by the R T A upon request. Upon completion of the services hereunde at e ation of this Agreement, all such documents, data, and records shall, at the h th A, be appropriately arranged, indexed, and delivered to the RTA by Recipie 29.2. In accordance with ~ 401, if any invention, improvement, or discovery of the Recipient or any of its ub t ts is conceived or first actually reduced to practice in the course of or under . s P . ct, that invention, improvement, or discovery is patentable under the laws of the U of America or any foreign country, the Recipient agrees to notify the RTA, ID T and 1 ediately and provide a detailed report. The rights and responsibilities of the cipient,l subcontractors, the RTA, IDOT, and FTA, with respect to such invention, im~em or discovery will be determined in accordance with applicable state and federal la , re ulah , policies, and any waiver thereof. The Recipient agrees to insert the substance provisions of this clause in all subcontracts issued pursuant to this Agreement. ~ ~~ght;in Data and Copyrights: The Recipient agrees as follows: The term "subject data" used in this section means recorded information, er 0 0 opyrighted, that is delivered or specified to be delivered under this Agreement. . ludes graphic or pictorial delineation in media, such as drawings or photographs; text in cifications or related performance or design-type documents; machine forms, such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term does not include financial reports, cost analyses, and similar information incidental to project administration. 20 (b) The following provisions apply to all subject data first produced in the performance of this Agreement: (1) Except for its own internal use, the Recipient may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Recipient authorize others to do so, without the written consent ofRTA, IDOT, or FTA, until such time as R T A, IDOT, or FT A, may have either released or approved the release of such data to the ~ub~ic;. this restriction on publication, however, does not apply to agreements W~ith academic InstitutIOns. (2) As authorized by 49 CFR Part 18.34 and 49 CF~P 9.3 TA, IDOT and FT A reserve a royalty-free, non-exclusive, and irrevocable li eproduce, publish, or otherwise use, and to authorize others to use, for "fede~d te emment purposes:" (i) Any subject data develo d ant, cooperative agreement, subgrant, subagreement, or third party cont~ac i e f whether or not a copyright has been obtained; and (ii) Any rights of co n w' a third party consultant purchases ownership with federal or state assistance (c) When the federal or state g des assistance to a grantee for a Project involving planning, research, develop monstration, it is generally FT A and IDOT's intent to increase the body of ortation knowledge, rather than to limit the benefits of the Project to those parties cipated therein. Therefore, unless FT A or IDOT determine otherwise, the ipie of OT or FT A assistance to support planning, research, development, or a demo . anced under the Acts, as amended, understands and agrees that, in addition t the ri se orth in section 29.3 (b) above, IDOT or FT A may make available to any go ent gr tee, third party consultant, or third party subconsultant, either the federal or e :vemment's license in the copyright to the subject data first produced under this re men In the event that such a Project, which is the subject of this Agreement, is not c ed for any reason whatsoever, all data developed under that Project shall become s as defined in section 29.3 (a) above, and shall be delivered as RTA may direct. T ion, however, does not apply to adaptations of automatic data processi q t or programs for the Recipient's use, which costs are financed in whole or in part FT A assistance for transportation capital projects. g) Unless prohibited by state law, the Recipient agrees to indemnify, save, and hol ss the R T A, the State of Illinois and FT A, as their officers, agents, and employees acting in the scope of their official duties, against any liability, including costs and expenses, resulting from any violation by the Recipient of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under this Agreement. The Recipient shall not be required to indemnify the RTA, the State of Illinois and FTA for any such liability arising out of the wrongful acts of employees or agents of the RTA, the State of Illinois or FTA. 21 (e) Nothing contained in this section on rights in data shall imply a license to the R T A, IDOT or FT A under any patent to be construed as affecting the scope of any license or other right otherwise granted to the R T A, IDOT and FT A under any patent. (f) The requirements of sub-sections (c), (d), and (e) of section 29.3 above, do not apply to material furnished to the Recipient by the RT A, IDOT and FT A and incorporated in the work carried out under this Agreement; provided that such incorporated material is identified by the Recipient at time of delivery of such work. (g) The Recipient understands and agrees that data and informati the RTA, IDOT or FTA may be required to be made available under t Information Act or other state or federal statutes in accordance with 49 CFR ARTICLE XXX: DOCUMENTS FORMING THIS A~_~ 30.1 The Parties agree that this constitutes the entire re~en the Parties hereto, that there are no agreements or understandin~s, . pressed, except as specifically set forth or incorporated by reference i e nt and that all prior arrangements and understandings in the connecti~n e ged' 0 and contained in this Agreement. The Parties hereto further agree that s consists of this "Technical Services Agreement," and: ~ . Exhibit A, Scope of S ~ . Exhibit B, Project B et 2CLE : SPECIAL CONDITIONS 31.1 ((TS~~ 22 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the _ day of , 20_. RECIPIENT: Date: By: Attest: SEALED Date: Title: Attest: SEALED By: Title: 23 EXHIBIT C FEDERAL CERTIFICATIONS AND ASSURANCES Each Grantee will execute the following applicable certifications and assurances to cover all grants and government agreements that include Federal Transit Administration ("FTA"), Illinois Department of Transportation ("IDOT") and/or Regional Transportation Authority ("RTA") assistance. The sixteen categories of certifications and assurances are listed by Rom numerals I through XVI. All Grantees must make all certifications and assurances in Cat ry I. The remaining categories will apply to some, but not all Grantees, and will be indica an X, as needed. The categories correspond to the following descriptions or circumst s mating submission of specific certifications, assurances, or agreements. XI. ea, JARC, and Clean Fuels Programs I. Required of Each Grantee II. Lobbying III. Private Mass Transportation Companies IV. Public Hearing V. Acquisition of Rolling Stock VI. Bus Testing VII. VIII. IX. x. XII. XVI. State Infrastructure Bank Program The following signature pages (Grantee and Grantee's attorney) must be appropriately completed and signed where indicated by both Grantee and Grantee's attorney. 1 FEDERAL CERTIFICATIONS AND ASSURANCES Name of Grantee: <<LegalApplicantName>> Name of Authorized Representative: The Grantee affirms the truthfulness and accuracy of the ce has made in the statements submitted herein with s submission made to FT A, IDOT or R T A, and ac Ie Program Fraud Civil Remedies Act of 1986, 31 .C 0 U.S. DOT regulations, "Program Fraud Civil certification, assurance or submission made U.S.C. 1001 apply to any certification, a the Urbanized Area Formula Progr 49 certification, assurance, or SU~bi '0 administered by FT A, IDOT or . In signing this document~e der penalties of perjury that the foregoing certifications and assurance yother statements made by me on behalf of the Grantee are true and rrect. Signature d assurances it t and any other t he provisions of the t seq., as implemented by CFR part 31 apply to any imina! fraud provisions of 18 mission made in connection with 307, and may apply to any other connection with any other program Date 2 AFFIRMATION OF GRANTEE'S ATTORNEY Name of Grantee: <<LegalApplicantName>> As the undersigned Attorney for the above named Grantee, I hereby affirm to the Grantee that it has authority under state and local law to make and comply with the certifications and assurances as indicated on the following pages. I further affirm that, in my opinion, the certifications and assurances have been legally made and constitute leg3:1 binding obligations on the Grantee. I further affirm to the Grantee that, to the best of my knowledge, there is n gis . n or litigation pending or imminent that might adversely affect of these certifications and assurances, or of the performance of the p hermore, if I become aware of circumstances that change the accuracy 0 t statements, I will notify the Grantee, FT A, IDOT and R T A. Signature Date: Name Attorney for Grantee 3 FEDERAL CERTIFICATIONS AND ASSURANCES I. REQUIRED OF EACH GRANTEE (1) Execute the grant agreement, cooperative agreement (2) f of the Grantee and by the Grantee. B. Standard Assurances The Grantee assures that it will statutes, regulations, executive orders, F out any project supported by a grant a the R T A. The Grantee agrees that' is and conditions of the grant agree with FT A, IDOT or RT A. T Gran policies, and administrativ federal requirements determination othe c. app icable, the Grantee assures that each grant of federal assistance that it or contract that it enters into with the RTA has been or will be submitted, uire y each state, for intergovernmental review to the appropriate state and local e lcally, the Grantee assures that it has fulfilled or will fulfill the obligations d 0 FTA by U.S. DOT regulations, "Intergovernmental Review of Department of Ion Programs and Activities," 49 CFR part 17. D. Nondiscrimination Assurance As required by 49 U.S.C. 5332 (which prohibits discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment or business opportunity), Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, and U.S. DOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act," 49 CFR part 21 at 21.7, the 4 Grantee assures that it will comply with all requirements of 49 CFR part 21; FT A Circular 4702.1, "Title VI Program Guidelines for Federal Transit Administration Recipients," and other applicable directives, so that no person in the United States, on the basis of race, color, national origin, creed, sex, or age will be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination in any program or activity (particularly in the level and quality of transportation services and transportation-related benefits) funded by federal assistance and awarded by the RTA. Specifically, during the period in which federal assistance is extended to project property is used for a purpose for which the federal assistance is extend purpose involving the provision of similar services or benefits, or as long as the ownership or possession of the project property, whichever is longer, the ertaken, and s of 49 U.S.C. tends to its entire (1) Each project will be conducted, property acquisiti s project facilities will be operated in accordance with all applicabl 5332 and 49 CFR part 21, and the Grantee understands that t s facility and to facilities operated in connection with the proj (2) It will promptly take the necessary action notifying the public that complaints of discriminatio t services or benefits may be filed with U.S. DOT or 1\. Grantee assures that it will submit the require these requirements; (3) It will include in each su r perty transfer agreement, third party contract, third party subcontract, or p Ipat' reement adequate provisions to extend the requirements of 49 U.S.C. 5332 and 49 F 2 to other parties involved therein including any subrecipient, transferee, thir ctor, third party subcontractor at any level, successor in interest, or any other p ic in the project; (4) Should it tr r real operty, structures, or improvements financed with federal assistance awarded by t T A to other party, any deeds and instruments recording the transfer of that~ ptty 11 contain a covenant running with the land assuring nondiscrimination D he rio uring which the property is used for a purpose for which the federal assistanc is e oed or for another purpose involving the provision of similar services or benefits; (5) Th 1 States has a right to seek judicial enforcement with regard to any matter . ng de e Act, regulations, and this assurance; and ~ make any changes in its 49 D.S.C. 5332 and Title VI implementing pr V .S. DOT or FTA may request. is assurance, including rov n of transportation-related est by U.S. DOT or FTA, the ertaining to its compliance with 5 E. Assurance of Nondiscrimination on the Basis of Disability As required by U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," at 49 CFR 27.9, the Grantee assures that, as a condition to the approval or extension of any federal assistance awarded by the RTA to construct any facility, obtain any rolling stock or other equipment, undertake studies, conduct research, or to participate in or obtain any befit from any program administered by FT A, IDOT or R T A, no otherwise qualified on with a disability shall be, solely by reason of that disability, excluded from participati ied the benefits of, or otherwise subjected to discrimination in any program or activI ecel g or benefiting from federal assistance administered by the FTA, IDOT or RT 'ty within U.S. DOT. The Grantee assures that project implementation and 0 lion assisted will comply with all applicable requirements of U.S. DOT re I enting the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, et se h ericans with Disabilities Act of 1990, as amended, 42 U.S.C. 12101 et s an enting U.S. DOT regulations at 49 CFR parts 27,37, and 38, and any apPI~'C and directives issued by other Federal departments or agencies. F. Procurement Compliance Certification To the extent applicable, the Grantee c' at' procurements and procurement system that involves FT A assistance will co y't pplicable third party procurement requirements of federal, state and local laws, ers, regulations, and FT A directives, and requirements, as amended and re~v' , s I as other requirements the FT A may issue including FTA Circular 4220. IE, "T d ntracting Guidelines," and any revisions thereto, to the extent those require nts a able. The Grantee certifies that it will include in its contracts financed in whole I FT A assistance all clauses required by federal state and local laws, executi order re lations, and will ensure that each subrecipient and each contractor will also' ude in it ubagreements and its contracts financed in whole or in part with FT A assist applica Ie clauses required by federal, state and local laws, executive orders, or la . ons. Certifica~' ns Assurances Required by the U.S. Office of Management and Budget (OMB) ~ - SF-424D) ~e OMB, and to the extent applicable, the Grantee certifies that it: Has the legal authority to apply for federal assistance and the institutional, m geria financial capability (including funds sufficient to pay the non-federal share of co to ensure proper planning, management, and completion of the project described in reement, cooperative agreement or contract; (2) Will give FT A, the Comptroller General of the United States, and, if appropriate, the state and RTA, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives; (3) Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain; G. 6 (4) Will initiate and complete the work within the applicable project time periods following receipt ofRTA approval; (5) Will comply with all applicable Federal statutes relating to nondiscrimination including, but not limited to: (a) Title VI of the Civil Rights Act, 42 U.S.C. 2000d, which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 through 1683, and 1685 through 1687, and U.S. DOT regulations, "Nondiscri . ation on the Basis of Sex in Education Programs or Activities Receiving Federal Financi sistance," 49 CFR part 25, which prohibit discrimination on the basis of sex; ~ (c) Section 504 of the Rehabilitation Act of 1973, as amended, U.S. 794, which prohibits discrimination on the basis of handicap; ~ (d) The Age Discrimination Act of 1975, as amende . . .61 1 through 6107, which prohibits discrimination on the basis of age; (e) The Drug Abuse Office and Treatment Ac 2 ub. L. 92-255, March 21,1972, and amendments thereto, 21 U.S.C. 1174 et re nondiscrimination on the basis of drug abuse; ~ (f) The Comprehensive Alcohol Abu A 0 ism Prevention Act of 1970, Pub. L. 91-616, Dec. 31, 1970, and amendment er 42 S.C. 4581 et seq. relating to nondiscrimination on the basis of alcohol abuse or a ho' ; (g) The Public Health Servic 191 as amended, 42 U.S.C. 290dd-3 and 290ee-3, related to confidentiality of alco an dru se patient records; (h) Title VIII of them"l' , 42 U.S.C. 3601 et seq., relating to nondiscrimination in the sale, rental, or fi anCl ousing; (i) Any other nondi i a n provisions in the specific statutes under which federal assistance for the pr' m ovided including, but not limited, to 49 U.S.C. 5332, which prohibits discriminati 0 basis of race, color, creed, national origin, sex, or age, and prohibits discrimin . n in e loyment or business opportunity, and section 110 1 (b) of the Transportation Equit t for th ~lst Century, 23 U.S.C. 101 note, which provides for participation of disadiage siness enterprises in FT A programs; and G) ther ndiscrimination statute(s) that may apply to the project; (6) Will co y with, or has complied with, the requirements of Titles II and III of the Uniform R . n sistance and Real Property Acquisition Policies Act of 1970, as amended, . 0 tion Act) 42 U.S.C. 4601 et seq., which, among other things, provide for fair e tao treatment of persons displaced or whose property is acquired as a result of feder 0 ssisted programs. These requirements apply to all interests in real property ac e dect purposes regardless of federal participation in any purchase. As required by and 305 of the Uniform Relocation Act, 42 U.S.C. 4630 and 4655, and U.S. DOT regul "Uniform Relocation Assistance and Real Property Acquisition for Federal and Federall Assisted Programs," 49 CFR 24.4, the Grantee assures that it has the requisite authority under applicable state and local law to comply with the requirements of the Uniform Relocation Act, 42 U.S.C. 4601 et seq., and U.S. DOT regulations, "Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR part 24, and will comply with or has complied with that Act and those U.S. DOT implementing regulations, including but not limited to the following: 7 (a) The Grantee will adequately inform each affected person of the benefits, policies, and procedures provided for in 49 CFR part 24; (b) The Grantee will provide fair and reasonable relocation payments and assistance as required by 42 V.S.C. 4622, 4623, and 4624; 49 CFR part 24; and any applicable FT A procedures, to or for families, individuals, partnerships, corporations, or associations displaced as a result of any project financed with FT A assistance; (c) The Grantee will provide relocation assistance programs offering the services described in 42 V.S.C. 4625 to such displaced families, individuals, ~ nerships, corporations, or associations in the manner provided in 49 CFR part 24 and FT A P ures; (d) Within a reasonable time before displacement, the Gr ee . 1 make available comparable replacement dwellings to displaced families and individuals req d by 42 V.S.c. 4625(c)(3); (e) The Grantee will carry out the relocation proc provide displaced persons with uniform and consistent service replacement housing in the same range of choices with respect to s persons regardless of race, color, religion, or national origin; (t) In acquiring real property, the Grante '1 practicable under state law, by the real property acquisiti or s ~ V.S.C. 4651 and 4652; (g) The Grantee will payor reimb pr y ers for necessary expenses as specified in 42 V.S.C. 4653 and 4654, with the ae hat FTA will provide federal required by 42 V.S.C. 4631; (h) The Grantee wil~e u endments to third party contracts and subagreements financed with FT A as anc execute, furnish, and be bound by such additional documents as FT A may dete . ne c sar. y to effectuate or implement the assurances provided herein; and (i) The Grantee r make these assurances part of or incorporate them by reference into any thir~y con ct or subagreement, or any amendments thereto, relating to any project financed T A inv ing relocation or land acquisition and provide in any affected document th ese location and land acquisition provisions shall supersede any conflicting provisio (7) T~he nt applicable, will comply with the Davis-Bacon Act, as amended, 40 V.S.C. 3141 et e peland "Anti-Kickback" Act, as amended, 18 V.S.C. 874, and the Contract W. H afety Standards Act, as amended, 40 V.S.c. 3701 et seq., and to the extent a lca e, ir Labor Standards Act, regarding labor standards for federally assisted suba r e , o the extent applicable, will comply with the flood insurance purchase re . emen 0 section 102(a) of the Flood Disaster Protection Act of 1973, as amended, 42 V.S. . 0 a(a), requiring recipients in a special flood hazard area to participate in the program and purc ase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more; (9) Will comply with the Lead-Based Paint Poisoning Prevention Act, 42 V.S.c. 4831 (b), which prohibits the use of lead-based paint in the construction or rehabilitation of residence structures; 8 (10) Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities on which a construction project supported with FT A assistance takes place without permission and instructions from the awarding agency; (11) Will record the federal interest in the title of real property in accordance with FT A directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project; (12) Will comply with FTA requirements concerning the drafting, review, and approval of construction plans and specifications of any construction project supporte ith FT A assistance. As required by V.S. DOT regulations, "Seismic Safety," 49 CFR 41. d), before accepting delivery of any building financed with FT A assistance, it will obtai ce cate of compliance with the seismic design and construction requirements of 49 CFR art (13) Will provide and maintain competent and adequate engine construction site of any project supported with FT A assistance to ens conforms with the approved plans and specifications, and will fumi other information as may be required by FTA, IDOT, or RTA; (14) Will comply with any applicable environmental d a may be prescribed to implement the following federal laws and executive order (a) Institution of environmental quali 0 I sures under the National 11514, as amended, 42 V.S.C. 4321 note; (b) Notificationofviolating:t1"tI urs ttoExecutiveOrderNo.11738, 42 V.S.C. 7606 note; (c) Protection Ofwetl(; xecutive Order No. 11990,42 V.S.C. 4321 note; (d) Evaluation of flo h in floodplains in accordance with Executive Order 11988,42 V.S.C. 4321 note;~ (e) Assurance 0 r consistency with the approved State management program developed pursuan the r irements of the Coastal Zone Management Act of 1972, as amended, 16 V.S.C. 1 t seq.; (t) ~fO . of Federal actions to State (Clean Air) Implementation Plans under section 176(c th lean ir Act of 1955, as amended, 42 V.S.C. 7401 et seq.; (~ction of underground sources of drinking water under the Safe Drinking Water 1 as amended, 42 V.S.C. 300h et seq.; h) ction of endangered species under the Endangered Species Act of 1973, as en d, V.S.C. 1531 et seq.; and Environmental protections for federal transportation programs, including, bU~l to, protections for parks, recreation areas, or wildlife or waterfowl refuges of na al, s e, or local significance or any land from a historic site of national, state, or local signi to be used in a transportation project as required by 49 V.S.C. 303; (j) Protection of the components of the national wild and scenic rivers systems, as required under the Wild and Scenic Rivers Act of 1968, as amended, 16 V.S.C. 1271 et seq.; and (k) Provision of assistance to FTA, IDOT and RTA in assuring compliance with section 106 of the National Historic Preservation Act of 1966, as amended, 16 V.S.C. 470f; the Archaeological and Historic Preservation Act of 1974, as amended, 16 V.S.C. 469a-l et seq.; 9 and Executive Order No. 11593 (identification and protection of historic properties), 16 D.S.C. 470 note; (15) To the extent applicable, will comply with the requirements of the Hatch Act, 5 D.S.C. 1501 through 1508, and 7324 through 7326, which limit the political activities of state and local agencies and their officers and employees whose primary employment activities are financed in whole or part with Federal funds including a Federal loan, grant agreement, cooperative agreement or contract except, in accordance with 23 D.S.C. 142(g), the Hatch Act does not apply to a nonsupervisory employee of a transit system (or of any other age or entity performing related functions) receiving FT A assistance to whom that Act does otherwise apply; (16) Will comply with the National Research Act, Pub. L. 93-348 amended, 42 D.S.C. 289 et seq., and D.S. DOT regulations, "Protection 0 CFR part 11, regarding the protection of human subjects involved in re related activities supported by federal assistance; (17) Will comply with the Laboratory Animal Welfare , as amended, 7 D.S.C. 2131 et seq., and D.S. Department of Agriculture regul . Welfare," 9 CFR subchapter A, parts 1, 2, 3, and 4, regarding the care, hand', 1 ent of warm blooded animals held or used for research, teaching, or other activO s soy federal assistance; (18) Will have performed the financial and pea its as required by the Single Audit Act Amendments of 1996, 31 D.S.C. 7501 eq. rcular No. A-133, "Audits of States, Local Governments, and Non-Profit Ion Revised, and the most recent applicable OMB A-133 Compliance Sent isions for the Department of Transportation; and (19) Will comply with all apP,~o e e . rements of all other federal laws, executive orders, regulations, and policies govemi th r ect. II. LOBBYING ~ A Grantee that exec es a t agreement, cooperative agreement or contract where federal assistance exceedi 100,000 awarded, must provide the following certification. A. As reqUired~.s. T regulations, "New Restrictions on Lobbying," at 49 CFR 20.110, the Grantee u rized epresentative certifies to the best of his or her knowledge and belief that for h t agreement, cooperative agreement or contract funded by federal assistance excee , 0: ( eral appropriated funds have been or will be paid by or on behalf of the Grantee to influence or attempt to influence an officer or employee of any federal ag~, ber of Congress, an officer or employee of Congress, or an employee of a M ber 0 gress regarding the award of federal assistance, or the extension, continuation, rene ndment, or modification of any federal assistance agreement; and If any funds other than federal appropriated funds have been or will be paid to any person to influence or attempt to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this grant agreement, cooperative agreement or contract, the Grantee assures that it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," including information required by the instructions accompanying the form, which form may be amended to omit such information as authorized by 31 D.S.C. 1352; and 10 (3) The Grantee shall require that the language of this certification shall be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, subagreements and contracts under grants, loans, and cooperative agreements). B. The Grantee understands that this certification is a material representation of fact upon which reliance is placed and that submission of this certification is a prerequisite for providing federal assistance for a transaction covered by 31 V.S.C. 1352. The Grantee also understands that any person who fails to file a required certification shall be subject to a civil pen~t):; f not less than $10,000 and not more than $100,000 for each such failure. III. PRIVATE MASS TRANSPORTATION COMPANIES ~ A Grantee seeking federal assistance authorized by 49 V.S.C. ch quire the property or an interest in the property of a private mass transportatio om or 0 operate mass transportation equipment or facilities in competition with, or i .. to, ansportation service provided by an existing mass transportation company v' the following certification. As required by 49 V.S.C. 5323(a)(1), the Gran property or an interest in the property of a private mas transportation equipment or facilities in competitio provided by an existing mass transportation com A. Found that the assistance is essential t c by the plans and programs of the metropo . B. Provided for the participation 0 extent feasible consistent with app' ble C. Paid just compensation unde for its franchises or propert quired, D. Acknowledged assistance falls within the labor standards compliance requirements of 49 U and (b). ha before it acquires the at' company or operates mass tion to, transportation service 111 have: a program of projects as determined ganization; transportation companies to the maximum irements and policies; local law to a private mass transportation company IV. A Grante s ederal assistance authorized by 49 V.S.C. chapter 53 for a capital project ~h s tantlally affect a community or a community's mass transportation service must pr e wing certification. ~ 'red by 49 V.S.C. 5323(b), the Grantee certifies that it has, or before executing the t a ement, cooperative agreement or contract, it will have: A. vided an adequate opportunity for a public hearing with adequate prior notice of the proposed project published in a newspaper of general circulation in the geographic area to be served; B. Held that hearing and provided FT A, IDOT and R T A with a transcript or detailed report summarizing the issues and responses, unless no one with a significant economic, social, or environmental interest requests a hearing; C. Considered the economic, social, and environmental effects of the proposed project; and 11 D. Determined that the proposed project is consistent with official plans for developing the urban area. V. ACQUISITION OF ROLLING STOCK A Grantee seeking federal assistance authorized by 49 V.S.C. chapter 53 to acquire any rolling stock must provide the following certification. A. and B. VII. ( e charter service that uses equipment or facilities acquired with federal assistanc by 49 V.S.C. chapter 53 (except 49 V.S.C. 5310), or Title 23, V.S.C., only to~ at there are no private charter service operators willing and able to provide the cn r se e at it or its recipients desire to provide, unless one or more of the exceptions in 49 C 6 .9 applies; and Comply with the requirements of 49 CFR part 604 before providing any charter service using equipment or facilities acquired with federal assistance authorized by 49 V.S.C. chapter 53 (except 49 V.S.C. 5310), or Title 23, V.S.C. for transportation projects. B. As The Grantee understands that: (1) The requirements of 49 CFR part 604 will apply to any charter service it provides; 12 (2) The definitions of 49 CFR part 604 will apply to this Charter Service Agreement; and (3) A violation of this Charter Service Agreement may require corrective measures and imposition of penalties, including debarment from the receipt of further federal assistance for transportation. VIII. SCHOOL TRANSPORTATION AGREEMENT A Grantee seeking federal assistance authorized by 49 U.S.C. chapter 53 or V.S.C. to acquire or operate transportation facilities and equipment must enter into School Transportation Agreement. A. As required by 49 V.S.C. 5323(f) and FTA regulations, "School B e CFR 605.14, the Grantee agrees that it and all its recipients will: ~ (1) Engage in school transportation operations in comp'e '0 ith ivate school transportation operators only to the extent permitted by 49 . 32 , and federal regulations; and (2) Comply with the requirements of 49 CFRre e roviding any school transportation using equipment or facilities acquired with er t e and authorized by 49 V.S.C. chapter 53 or Title 23 V.S.C. for transportati~O~ B. The Grantee understands that: (1) The requirements of 49 CFR~' pply to any school transportation service it provides; (2) The definitions of 49 C 05 will apply to this school transportation agreement; and (3) A violation of this ch Tr portation Agreement may require corrective assistance for transportation. IX. DEMAND RESP IVE S VICE A Grantee 0 era! demand responsive service and applies for direct federal required to prov~e owing certification. A 're y .S. DOT regulations, "Transportation Services for Individuals with Disabili t 49 CFR 37.77(d), the Grantee certifies that its demand responsive service offe ons with disabilities, including persons who use wheelchairs, is equivalent to the Ie of service offered to persons without disabilities. When the Grantee's service is entirety, the Grantee's service for persons with disabilities is provided in the most integra etting feasible and is equivalent with respect to: (1) response time, (2) fares, (3) geographic service area, (4) hours and days of service, (5) restrictions on trip purpose, (6) availability of information and reservation capability, and (7) constraints on capacity or service availability. X. ALCOHOL MISUSE AND PROHIBITED DRUG USE The Grantee is required to provide the following certification concerning its activities to prevent alcohol misuse and prohibited drug use in its transit operations. 13 As required by FTA regulations, "Prevention of Alcohol Misuse and Prohibited Drug Vse in Transit Operations," at 49 CFR part 655, subpart I, the Grantee certifies that it has established and implemented an alcohol misuse and anti-drug program, and has complied with or will comply with all applicable requirements of FT A regulations, "Prevention of Alcohol Misuse and Prohibited Drug Vse in Transit Operations," 49 CFR part 655. XI. INTEREST AND OTHER FINANCING COSTS A Grantee that intends to request the use of federal assistance for rei~ement of interest or other financing costs incurred for its capital projects must provi e llowing certification. V.S.C. In compliance with 49 V.S.C. 5307(g), 49 V.S.C. 53 5309(g)(3)(A), and 49 V.S.C. 5309(n), the Grantee certifies that it for interest and other financing costs unless its records demonstrat diligence in seeking the most favorable financing terms under! FT A may require. XII. INTELLIGENT TRANSPORTATION SYST A Grantee for FT A assistance for an Intel' nt defined as any project that in whole or in part fin c of technologies that provide or significantly c n te A. In accordance wi ion 520 e) ofTEA-21, 23 V.S.C. 502 note, the Grantee assures it will comply with all plica requirements of Section V (Regional ITS Architecture) and Section VI (Project I entatI ) ofFTA Notice, "FTA National ITS Architecture Policy on Transit prOjects~" at 6 1455 et seq., January 8, 2001, and other FTA requirements that may be issued in co any ITS project it undertakes financed with Highway Trust Funds (including s Mass Transit Account) or funds made available for the Intelligent Transpo io st s Program authorized by TEA-21, title V, subtitle C, 23 V.S.C. 502 note. B. espect to any ITS project financed with federal assistance derived from a source ot i ay Trust Funds (including funds from the Mass Transit Account) or TEA-21, title tle C, 23 V.S.C. 502 note, the Grantee assures that it will use its best efforts to ensure any ITS project it undertakes will not preclude interface with other intelligent transportation systems in the region. XIII. URBANIZED AREA, JARC, AND CLEAN FUELS PROGRAMS Each Grantee for Vrbanized Area Formula Program assistance authorized by 49 V.S.C. 5307, each Grantee for Job Access and Reverse Commute Program assistance authorized by section 3037 of the Transportation Equity Act for the 21st Century, 49 V.S.C. 5309 note, and each Grantee for Clean Fuels Formula Program assistance authorized by 49 V.S.c. 5308 must 14 provide the following certifications. A state or other Grantee providing certifications and assurances that require the compliance of its prospective subrecipients is expected to obtain sufficient documentation from those subrecipients to assure the validity of its certifications and assurances. Each Grantee that received Transit Enhancement funds authorized by 49 V.S.C. 5307(k)(1) must list the projects carried out during that federal fiscal year with those funds in its quarterly report for the fourth quarter of the preceding federal fiscal year. That list co itutes the report of transit enhancement projects carried out during that fiscal year, which re . s required to be submitted as part of the Grantee's annual certifications and assurances, in cor ce with 49 V.S.C. 5307(k)(3), and is therefore incorporated by reference and made art 0 e G tee's annual certifications and assurances. Consequently, the RTA may n~t . ed Area Formula Program assistance that has been provided by the FT A to any ant e t has received Transit Enhancement funds authorized by 49 V.S.C. 5307(k)(1), e's quarterly report for the fourth quarter of the preceding federal fiscal year has b ed to the FT A and includes the requisite list. A. Certifications Required/or the Urbanized Area For. la (1) As required by 49 V.S.C. 5307(d)(1) , the Grantee certifies and assures as follows: (a) It has or will have the Ie technical capacity to carry out the proposed program of projects; (b) It has or will have satis muing control over the use of Project equipment and facilities; ~ (c) It will adequately ain equipment and facilities; (d) It will ens th I and handicapped persons, or any person presenting a Medicare card issued or herself pursuant to title II or title XVIII of the Social Security Act (42 V. . 40 se . or 42 V.S.C. 1395 et seq.), will be charged for transportation during no hours sing or involving a facility or equipment of a project financed with federil ist authorized for 49 V.S.C. 5307, or for the Job Access and Reverse Commute P at se 'on 3037 of the Transportation Equity Act for the 21st Century (TEA-21), 49 V.S.C. note, not more than fifty (50) percent ofthe peak hour fare; ( In ying out a procurement financed with federal assistance authorized for the Vr 'ze ormula Program, 49 V.S.C. 5307, or the Job Access and Reverse Commut ro am ection 3037 of TEA-21, 49 V.S.C. 5309 note, it: (1) will use competitive procurem ned or approved by the Secretary), (2) will not use exclusionary or di~S pecifications, and (3) will comply with applicable Buy America laws; It has complied with or will comply with the requirements of 49 V.S.C. 5307 cifically, it: (1) has made available, or will make available, to the public information on the ounts available for the Vrbanized Area Formula Program, 49 V.S.C. 5307 and, if applicable, the Job Access and Reverse Commute Grant Program, 49 V.S.C. 5309 note, and the program of projects it proposes to undertake; (2) has developed or will develop, in consultation with interested parties including private transportation providers, a proposed program of projects for activities to be financed; (3) has published or will publish a proposed program of projects in a way that affected citizens, private transportation providers, and local elected officials have the opportunity to examine the proposed program and submit comments on the proposed program and the performance of the Grantee; (4) has provided or will provide an opportunity for a public 15 hearing to obtain the views of citizens on the proposed program of projects; (5) has ensured or will ensure that the proposed program of projects provides for the coordination of transportation services assisted under 49 V.S.C. 5336 with transportation services assisted by another Federal Government source; (6) has considered or will consider the comments and views received, especially those of private transportation providers, in preparing its final program of projects; and (7) has made or will make the final program of projects available to the public; (g) It has or will have available and will provide the amount of funds required by 49 V.S.C. 5307(e) and applicable FTA policy (specifying federal and local sh~e fproject costs); (h) It will comply with: 49 V.S.c. 5301(a) (requirements D tr rtation systems that maximize mobility and minimize fuel consumption and air pollutl . 49 .S.C. 5301(d) (requirements for transportation of the elderly and persons with's . 9 V.S.C. 5303 through 5306 (planning requirements); and 49 V.S.C. 5301(d) (sp at e to esign and provide mass transportation for the elderly and persons with disabilif s (i) It has a locally developed process to solicit before raising fares or implementing a major reduction of trans G) As required by 49 V.S.C. 5307(d)(1) determined that it is not necessary to expend one (I) percent of the amount ed I 'stance it receives for this fiscal year apportioned in accordance with 49 V.S.C 33 r tr SIt security projects, it will expend at least one (1) percent of that assistance fo an e . projects, including increased lighting in or adjacent to a transit system (inclu' }j top ubway stations, parking lots, and garages), increased camera surveillance of are in <Ijacent to that system, emergency telephone line or lines to contact law enBO ity personnel in an area in or adjacent to that system, and any other project int e t' ease the security and safety of an existing or planned transit system; and (2) As required by 49 .C. )(3), if it has received Transit Enhancement funds authorized by 49 V.S.c. 5 ItS quarterly report for the fourth quarter of the preceding federal fiscal yea clude list of the projects it has implemented during that fiscal year using those funds, that re rt is incorporated by reference and made part of its certifications and aSSies. B. Certification ed for apital Leasing As reqUi~ regulations, "Capital Leases," at 49 CFR 639.15(b)(1) and 49 CFR 639.21, if G quires any capital asset by lease financed with federal assistance authoriz or 9 S.C. 5307 or section 3037 of TEA-21, 49 V.S.C. 5309 note, the Grantee certifies ~I) will not use federal assistance authorized for 49 V.S.C. 5307 or section 3037 of TEA- V.S.C. 5309 note, to finance the cost of leasing any capital asset until it performs calculatl s demonstrating that leasing the capital asset would be more cost-effective than purchasing or constructing a similar asset; (2) It will complete these calculations before entering into the lease or before receiving a capital grant for the asset, whichever is later; and (3) It will not enter into a capital lease for which the FTA can provide only incremental federal assistance unless it has adequate financial resources to meet its future obligations under the lease in the event federal assistance is not available for capital projects in subsequent years. 16 C. Certification Required for the Sole Source Acquisition of an Associated Capital Maintenance Item As required by 49 V.S.C. 5325(c), the Grantee certifies that when it procures an associated capital maintenance item as authorized by 49 V.S.C. 5307(b)(1), it will use competition, unless the original manufacturer or supplier of the item is the only source for that item and the price of that item is no more than the price similar customers pay for that item, and that for each such procurement, it will maintain sufficient records on file and easily retrievable for inspection by FT A. D. Clean Fuels Formula Grant Program Certification federal assistance provided for the Clean Fuels Formula Program, 49. .. will be operated only with clean fuels. XlV. ELDERLY AND PERSONS WITH DISABILITIES PR This Category does not apply to this Agreement. XV. NONURBANIZED AREA FORMULA PROG XVI. ST ATE INFRASTRUCTURE BANK PR This Category does not apply to this ~ 17 RESOLUTION PROJECT TITLE VILLAGE OF MOUNT PROSPECT PUBLIC TRANSPORTATION SYSTEM PLAN Resolution authorizing applications for and execution of a technical assistance grant under the Regional Transportation Authority's general authority to make such Grants. WHEREAS, the Regional Transportation Authority (the "Authority"), is authorized to study public transportation problems and developments; and to conduct, in cooperation with other public and private agencies, such studies; and WHEREAS, the Authority has the power to expend funds for use in connection with these studies, and WHEREAS, the Authority has the power to make and execute all contracts and other instruments necessary or convenient to the exercise of its powers, and WHEREAS, approval for said funds will impose certain financial obligations upon the recipient. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNTPROSPECT COOK COUNTY ILLINOIS: SECTION 1: That the President is hereby authorized to execute and file applications on behalf of Village of Mount Prospect with the Regional Transportation Authority for a technical assistance grant for the Village of Mount Prospect Public Transportation System Plan, copy of which Applications is attached hereto and hereby made a part hereof as Exhibit "A" SECTION 2: That the President is hereby authorized to furnish such additional information, assurances, certifications and amendments as the Regional Transportation Authority may require in connection with this technical assistance grant application. SECTION 3: That the President is hereby authorized and directed on behalf of the Village of Mount Prospect to execute and deliver grant agreements and all subsequent amendments thereto between the Village of Mount Prospect and the Regional Transportation Authority for technical assistance grants, and the Secretary of the Village of Mount Prospect is authorized and directed on behalf of the Village of Mount Prospect to attest said agreements and all subsequent amendments thereto. SECTION 4: That the President is authorized and directed to take such action as is necessary or appropriate to implement, administer and enforce said agreements and all subsequent amendments thereto on behalf of the Village of Mount Prospect. SECTION 5: The Village Clerk is hereby authorized and directed to record a certified copy of this Resolution with the Recorder of Deeds of Cook County. SECTION 6: This Resolution shall be in full force and effect from and after its adoption, approval and publication in pamphlet form as provided by law. "^ RTAP RESOLUTION PAGE2/2 AYES: NAYS: ABSENT: PASSED and APPROVED this day of July 2007. ATTEST: M. Lisa Angell Village Clerk H:\CLKO\files\WIN\RES\2007 Resolution for RTAP Grant.doc - :'." Irvana K. Wilks Mayor