HomeMy WebLinkAbout5. OLD BUSINESS 08/21/2007
Village of Mount Prospect
Community Development Department
, Mount Prospect r
MEMORANDUM
~
TO:
MICHAEL E. JANONIS, VILLAGE MANAGER
FROM:
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE:
AUGUST 17,2007
SUBJECT:
PZ-16-07 - 1) REZONE FROM RX SINGLE FAMILY TO R2 ATTACHED SING
FAMILY, 2) CONDITIONAL USE FOR A PLANNED UNIT DEVELOPMENT
401 E. KENSINGTON ROAD
TERRA ARCHITECTS, INC. - APPLICANT
The Petitioner has submitted revised plans in response to comments from the July 17, 2007 Village Board
meeting. The attached packet includes:
1. A letter from the Petitioner stating 9 trees will be planted on the east side of the Subject Property,
they will make a donation to the Mt. Prospect Park District for 15 trees, and the site will contain 50%
more landscaping than the amount required per the Village Code;
2. A revised landscape plan indicating the site will have 50% more landscaping than required per
Village Code;
3. Revised elevations that provide greater architectural interest on the front elevation and security gates
on the front entrances; and
4. A revised site plan illustrating the decks will extend 15' from the building and measure 10' along the
rear elevation.
As you recall, the Planning & Zoning Commission voted to deny the proposal. Although the Petitioner has
worked with Staff and representatives from the neighborhood to address the concerns discussed at the P&Z
meeting, a super majority vote from the Village Board is still required to approve the proposal.
Please forward this memorandum and attachments to the Village Board for their review and consideration at their
August 21, 2007 meeting. Staff will be present tOiJswer aoy questions related to this matter.
uijl ~..
H,IPLANIPllIDDing" Zoning COMMIP&Z 2007lMEl ManosIPZ.16.o7 ME! MEMO 11(401 E Kmsington).doc
/I-~
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, pursuant to due
and proper notice thereof having been published in the Mount Prosoect Journal & Tooics 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 August 2007.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H :\CLKO\files\WIN\ORDINANC\mapamendment401 kensingtonjuly2007 .doc
be 8/17/07
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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 ofthe 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
WH EREAS, 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 st.lall ideAtify the pl:lblis eeAefit as noted in Section 14.501 of the Village Code
Prior to the issuance of a building permit, the Petitioner shall make a contribution to the
Mt. Prospect Park District for fifteen (15) trees;
B. Prior to the issuance of a building permit the Petitioner shall install one (1) tree behind
each home that abuts the 303 E. Rand property;
s,.C.The Petitioner shall prepare elevations that specify the building materials and documents the
townhomes comply with the Village's 28' height limitation;
G,.D. Development of the site and floor plans in general conformance with the plans prepared by Terra
Architects revision dated August 15 Jyne4, 2007 but revised to include a 20' wide fire lane/no
parking in the drive aisle requirement;
Page 2/2
PZ-16-07
9. E. Development of the elevations in general conformance with the exhibits prepared by Terra
Architects revision dated August 15June 1, 2007;
~F.Development of the site in general conformance with the landscape plan prepared by Pamela
Self, revision date August 15May 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:.G.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 100' ROW for Kensington
Road;
G. 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 area adjacent to the guest parking;
-Fhl. Prior to obtaining the first Certificate of Occupancy, the Petitioner must submit homeowner's
association documents for Staff review and approval;
-W. 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.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 to Development and Fire Code standards;
K L. 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 townhome development, all as
shown on the Site Plan revision dated August 15 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 August 2007.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H:\CLKO\files\WIN\ORDINANC\C USE401 eastkensingtonaugust2007 .doc
...........................................
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ARCHITECTS
Xensington 'T'own/iomes
401 Tast Xensington Road
Mount prosyect, J{finois
Proyosed'T'own/iome 1Jeve{oyment
'Deve{oyer
401 'East Xensington, :Mount Prosyect, LLC
Architect:
Terra Architects
14044 Petrone{{a 'Dr.
Libertyvi{{e, J{finois 60048
847-996-1071
Project :Manager:
'Yennen Comyany
3464 Ora :Mi{{ 'Rif
J{ighfana Park, JL 60035
(847) 926-8258
Revisea Aug 15tli, 2007
Xensington Town/iomes
...........................................
Table of Contents
Cover Letter (New)
Land Plan (Revised)
Building Elevations (Revised)
Building Floor Plan (Revised)
Site Sign
Fence Specification
Landscape Plan (Revised)
Xensington Townfiomes
Dr. Robert C. Hsu
8700 LeClaire Avenue
Skokie, IL 60077
Village of Mt. Prospect
50 south Emerson Street
Mount Prospect, IL 60056
Attn: Michael Janonis, Village Manager
Re: 401 East Kensington Road
Letter of Apology to Village ofMt. Prospect
Dear Mr. Janonis:
This letter is in response to the rejection of my proposed II-unit town house
development project by the Village ofMt. Prospect at the May 28 meeting of the
Planning and Zoning Board. I was unable to attend that meeting, because I am
recovering from a recent surgery, but my representatives advised me that there were
many complements on the architectural aspects of the project, that we met all of the
requirements of the staff, agreed to address issues brought forth by those testifying at the
hearing, and also agreed to provide about 50 percent more new landscaping than is
required by the Village ordinances. Even though we agreed to provide more than is
required, and had the recommended approval of staff, the Board voted unanimously to
disapprove the project. I am advised that the only apparent reason was that Mr. Leo
Floros was angry with me because I cut down the trees on my property. The staff
reported to the Board that, since my property is residential, cutting down my trees was
within my rights and not contrary to any law or ordinance. Mr. Floros reportedly said
that he wouldn't approve the project until I presented myself to be publicly rebuked for
clearing my lot.
I would like to take this opportunity to apologize to the Village of Mount Prospect
and the citizens who may have become angry because I cut my trees down. I only
cleared the trees so that I could better assess the conditions on the property in preparation
for designing my development project. Even though I was acting within my rights, had I
known how that this would cause anger in the community, I would have taken steps to
address concerns, or at least explain my actions. I am truly sorry for the anger that was
caused by my actions.
I hope that the Village will understand that my overall intention has been to
provide a proper and appropriate development plan for the property, and that the Village
Board will give consideration to this when the project is voted on at the July 17 meeting.
Very truly yours,
Dr. Robert C. Hsu
Dr. Robert C. Hsu
8700 LeClaire Avenue
Skokie, IL 60077
Village of Mt. Prospect
50 south Emerson Street
Mount Prospect, IL 60056
Attn: Michael Janonis, Village Manager
Re: 40 I East Kensington Road
Public Benefit contribution
Dear Mr. Janonis:
I would like to propose that I provide the following items to comply with the
"public benefit" requirements of the Village, in conjunction with my application for PUD
approval for my proposed development project at 401 East Kensington Road:
. Plant 9 trees on the east side of the South property (303 East Rand Road. This would
consist of 1 tree behind each residence.
. Provide 50 percent more than the required landscaping for the 404 East Kensington
project
. Make a donation to park district foundation of 15 trees, or a cash equivalent
The above items were recommended by several of the neighbors as an appropriate
response to the Village's requirements. I would plan to install the above trees items
during the course of construction of the development project.
I look forward to your favorable response. Thank you.
Very truly yours,
Dr. Robert C. Hsu
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Village of Mount Prospect
Community Development Department
Mount Prospect
MEMORANDUM
~
TO:
MICHAEL E. JANONIS, VILLAGE MANAGER
l>o. ~~
1 61
FROM:
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE:
JULY 13,2007
SUBJECT:
PZ-16-07 - 1) REZONE FROM RX SINGLE F AMIL Y TO R2 A TT 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:\PLAN\Planning & Zoning COMM\P&Z 2007\MEJ Memos\PZ-16-07 MEJ MEMO (401 E Kensington).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 R1 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-16-07
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 10-foot x 10-foot deck located along the rear elevation of the 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 Y2 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 II 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 10-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 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 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 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
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 ofthe 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:
I) 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 I, 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 additional17-foot of right of way (ROW) to provide a fulllOO-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 proof that 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 IS-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 II 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 I 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. Po lit stated that he has
concerns with water drainage from the site. He said the residents do not know if the 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 11 :04 p.m., seconded by Mary
McCabe. The motion was approved by a voice vote and the meeting was adjourned.
(~.
<S=faee Dunn, Com um
Administrative Ass stant
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H:\PLAN\Planning & Zoning COMM\P&Z 2007\Minutes\PZ-16.07 401 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:
401 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
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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
PZ-16-07 - MAP AMENDMENT & CONDITIONAL USE (PUD TOWNHOME
DEVELOPMENT)
401 E. KENSINGTON ROAD - TERRA ARCHITECTS, INe. (APPLICANT)
SUBJECT:
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 Rl 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 (11 units/1.97 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-16-07
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
e 50% limit
Building Design - The enclosed elevations indicate the architectural composition of the 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 1 O'x 10' 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 and 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.
Zoning
District
(There is no interior side yard requirement for attached Single-family homes.)
R2
Proposed
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 ofthe 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 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
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 of the 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-16-07
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 I, 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 17' 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;
1. 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:
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William 1. ooney, AIC , Director of Community Development
Ijme H:\PLAN\Planning &. Zoning COMM\P&:Z 2001\StarrMemo\PZ.16.07 MEMO (401 E Kensington -row home projcct-Rezonc_Condilional_Use).doc